XLang10 1.2.9

EULA - End User License Agreement

License Agreement for Xlang10 ActiveX Library
XLANG10 ACTIVEX LIBRARY - DEMONSTRATION AND REGISTERED VERSIONS
GRAND RIVER SOFTWARE, LLC LICENSE STATEMENT AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY:
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Grand River Software, LLC ("COMPANY") for the software product ("SOFTWARE") identified above, including any software, media, and accompanying on-line or printed documentation.
DISTINCTIONS: This agreement will cover both the DEMONSTRATION version and

the REGISTERED version of the SOFTWARE.
The DEMONSTRATION version is distinct from the REGISTERED version in the following specifics:
The DEMONSTRATION version executable will have a distinct name, XLangxxDemo.ocx, where xx will be replaced by the major version of the SOFTWARE.
The DEMONSTRATION version is provided free of charge.
The DEMONSTRATION version will display information announcing it is the demonstration version when it is executed.
The DEMONSTRATION version does not require a seperate license key file in order to operate.
The DEMONSTRATION version is provided with the understanding that a single developer, or business unit, will use it to evaluate the SOFTWARE, and the developer agrees that he/she will not distribute works incorporating, based on, or relying upon the presence of, the DEMONSTRATION version.
EXCEPTION to the above: if ONLY source code is distributed free, not sold or traded, accompanied by NO compiled executable or directly executable binary file; And the source code clearly indicates that it requires the presence of the DEMONSTRATION (or REGISTERED) version of the SOFTWARE and provides instruction on obtaining it via electronic means from the COMPANY (usually via ftp or http link), then the source may legally rely upon the presence of the DEMONSTRATION version of the control.
If you are the original purchaser of the SOFTWARE and you do not agree with the terms and conditions of the License Agreement, promptly return the unused SOFTWARE to the place from which you obtained it for a refund to be governed by Grand River Software, LLC's return policy. There are no refunds possible from the Grand River Software, LLC for the DEMONSTRATION version, since Grand River Software, LLC provides it free of charge.

Upon your acceptance of the terms and conditions of the License Agreement, Grand River Software LLC grants you the right to use the SOFTWARE in the manner provided below.

The SOFTWARE is owned by Grand River Software, LLC or its suppliers and is

protected by copyright law and international copyright treaty.
Therefore, you must treat this SOFTWARE like any other copyrighted material (e.g., a book), except that you may either make one copy of the SOFTWARE solely for backup or archival purposes or transfer the SOFTWARE to a single hard disk, provided you keep the original solely for backup or archival purposes.
You may transfer the SOFTWARE and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement.
Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the REGISTERED SOFTWARE, media or documentation.
You acknowledge that the SOFTWARE in source code form remains a confidential trade secret of Grand River Software, LLC and/or its suppliers; And therefore you agree not to modify the SOFTWARE or attempt to reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
ADDITIONAL LICENSE TERMS FOR XLANG10 ACTIVEX LIBRARY
Grand River Software, LLC grants to you as an individual, a personal, nonexclusive license to install and use the SOFTWARE for the sole purposes of developing, testing, and deploying application programs which you create, incorporating and relying upon the value added by legal use of the SOFTWARE.
RESTRICTIONS: You may not aggregate the SOFTWARE for the purpose of hiding, to obscure or otherwise attempt to represent, that the SOFTWARE is not an original, copyrighted, work of Grand River Software, LLC.

SPECIFIC EXAMPLE: You may not use the SOFTWARE in the following manner, as a base class for a new ActiveX control or software object without the express written permission of, and a separate license agreement executed by, Grand River Software, LLC.
You are expressly forbidden from removing the identifying characteristics which make the DEMONSTRATION version distinct from the REGISTERED version. Including, but not limited to, disabling information displays, altering filenames or tampering with the executable form of the DEMONSTRATION version.
You may install a copy of the SOFTWARE on a computer and freely move the SOFTWARE from one computer to another, provided that you are the only individual using the SOFTWARE.
If you are an entity, Grand River Software LLC grants you the right to designate one individual within your organization ("Named User") to have the right to use the SOFTWARE in the manner provided above.
GENERAL TERMS THAT APPLY TO REDISTRIBUTABLES
You may write and compile (make ready for distribution) your own application programs incorporating the functionality provided by legal use of the SOFTWARE for that purpose. You may reproduce and distribute, in executable form only, programs which you create incorporating the SOFTWARE without additional license or fees, subject to all of the conditions in this License Agreement.
SPECIFIC RESTRICTIONS: You may not redistribute the license key (XLang10.lic) file provided with the REGISTERED VERSION of the SOFTWARE.
Grand River Software, LLC's products may include certain files ("Redistributables") intended for distribution by you to the users of programs you create which incorporate our SOFTWARE. Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files, those files preselected for deployment by an install utility provided with the SOFTWARE (if any), or those files pre- selected by a third party install utility which operates under control of an install script which Grand River Software, LLC has certified (if any) for use by licensed users of REGISTERED version of the SOFTWARE for deploying applications.

In any event, the Redistributables for the SOFTWARE are only those files specifically designated as such by Grand River Software, LLC. From time to time, Grand River Software, LLC may designate other files as Redistributables. You should refer to the documentation, including any "readme" or "deploy" files included with the SOFTWARE, for additional information.

Subject to all of the conditions in this License Agreement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk.

Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this License Agreement that you have created incorporating, or relying upon, the SOFTWARE.

Under no circumstances may any copies of Redistributables be distributed separately.

Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) be used for developing programs by anyone other than you.

Only you as the licensed user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), code, Redistributables, or other files of the SOFTWARE (or any portions thereof) for developing programs incorporating, or relying upon, the Software.

In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any SOFTWARE documentation without Grand River Software, LLC's permission.
LIMITED WARRANTY
Except with respect to the Redistributables, which are provided "as is," without warranty of any kind, Grand River Software, LLC warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days.

Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.

Grand River Software, LLC's and its suppliers' entire liability and your exclusive remedy shall be, at Grand River Software, LLC's option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Grand River Software, LLC's Limited Warranty and which is returned to Grand River Software, LLC with a copy of your receipt.

DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CONTACTED GRAND RIVER SOFTWARE, LLC's CUSTOMER SERVICE DEPARTMENT AND OBTAINED A RETURN AUTHORIZATION NUMBER through the web site.

This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GRAND RIVER SOFTWARE, LLC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRAND RIVER SOFTWARE, LLC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF GRAND RIVER SOFTWARE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, GRAND RIVER SOFTWARE, LLC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The SOFTWARE is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail- safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Grand River Software, LLC and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.