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Edraw Component License Agreement
1.1 This License Agreement ("Agreement") is an agreement between you and EdrawSoft. Please read these terms and conditions carefully before downloading any software and applicable documentation as they contain important information about your rights and obligations. It governs your use of the software ("the Software") supplied to you by EdrawSoft and related documentation. In particular, we draw your attention to clause 8 (limitation of liability).
By downloading, installing or otherwise using the Software you agree to be legally bound by this License Agreement as it may be modified and posted on our website from time to time.
1.2 If you do not wish to be bound by this Agreement, then you may not download or use the Software.
2 License
2.1 Specific conditions of use which apply to the type of License you have acquired from EdrawSoft are:
2.1.1 Evaluation License for non-chargeable Software: You may use the Software freely within your organization to access whether it meets your needs. You may not distribute the Software, or any portions of the software, or related documentation to any other organization or to any person external to your organization.
2.1.2 Site Distribute License:
(a) Purchase of the license entitles a company or organization to unlimited use of Edraw Component at a single site. A site is defined as a single physical address, i.e. a building or group of buildings sharing the same postal address.
(b) Edraw grants to Licensee the right to integrate the Software into one named software application which may then be employed as Licensee sees fit in any number of versions, revisions, or configurations in a company or organization.
(c) You have a royalty free right to distribute up to two thousand (2,000) copies of the unmodified ActiveX control in a company or a site. If your product exceeds the license count, you need buy the extra End User License.
(d) You may not distribute the software or any portion of the software, to any third party unless it is incorporated into your own software products whose functionality exceeds the functionality of the Software and which do not compete directly with the Software.
(e) Any product that you create using the Edraw Component must not compete with the Edraw Component in any way. e.g., your product must not be a software development tool (.DLL, .VBX, .OCX, OLE Object, etc.) intended for distribution to other software developers or system integrators. You may not extend access to the OCX properties, methods or events either directly or indirectly.
(f) You may incorporate the software, or portions of the Software, into your own software products for distribution to one organization or company provided the appropriate copyright of EdrawSoft is acknowledged on all media containing, and documentation relating to, such software products. e.g., "The Edraw Component provided in this product is copyrighted by EdrawSoft."
2.1.3 Enterprise Distribute License:
(a) Purchase of the license entitles a company or organization to unlimited use of Edraw Component by its employees or its product end users at any location worldwide.
(b) Edraw grants to Licensee the right to integrate the Software into one named software application which may then be employed or distributed royalty-free as Licensee sees fit in any number of versions, revisions, or configurations.
(c) You have a royalty free right to distribute the unmodified ActiveX control.
(d) You may not distribute the software or any portion of the Software, to any third party unless it is incorporated into your own software products whose functionality exceeds the functionality of the Software and which do not compete directly with the Software.
(e) Any product that you create using the Edraw Component must not compete with the Edraw Component in any way. e.g., Your product must not be a software development tool (.DLL, .VBX, .OCX, OLE Object, etc.) intended for distribution to other software developers or system integrators. You may not extend access to the OCX properties, methods or events either directly or indirectly.
(f) You may incorporate the software, or portions of the Software, into your own software products for distribution to other people or organizations provided the appropriate copyright of EdrawSoft is acknowledged on all media containing, and documentation relating to, such software products. e.g., "The Edraw Component provided in this product is copyrighted by EdrawSoft."
2.1.3 End User License
Distribution of the ActiveX Control in any quantity exceeding licensed units is subject to additional license fees which are due and payable to EdrawSoft. A Product Distribution Disclosure form must be filed quarterly for any product developed and distributed in quantities over and above licensed units. A disclosure form is available from EdrawSoft. upon request.
3 RESTRICTIONS ON USE
3.1.1 You may make a reasonable number of copies of the Software solely for backup and recovery purposes. Any such copies shall in all respects be subject to the terms and conditions of this Agreement.
3.1.2 You shall not make copies of the Software additional to those expressly permitted in this License Agreement.
3.1.3 You shall not copy any written documentation accompanying the Software.
3.1.4 You shall not remove or obscure any copyright and trademark notices or other proprietary notices relating to the Software. All notices must be duplicated as it appears on the Software on all authorized copies.
3.1.5 You shall not reverse engineer, decompile or disassemble the Software except to the extent expressly permitted by any applicable local laws which may over-rule this restriction.
3.1.6 You may not distribute any portions of the Software to any third party developer except under the terms of a Developer Distribution License if you have acquired such a license from EdrawSoft.
3.1.7 You may not rent or lease the Software but you may transfer the Software and accompanying documentation on a permanent basis provided that (i) you retain no copies and (ii) the recipient agrees to the terms of the License Agreement you are transferring and (iii) you notify EdrawSoft of the transfer in writing.
3.1.8 You shall not use the Software in any way other than in a manner specifically licensed under this Agreement.
3.1.9 You shall not display the Software on a public bulletin board, website, chat room or by any other unauthorized means.
4 INTELLECTUAL PROPERTY RIGHTS
The copyright, patents, trade marks and all other intellectual property rights in the Software and related documentation are owned by and remain the property of EdrawSoft or its suppliers and are protected by national laws and international treaty provisions. You do not obtain any rights in the Software other than those expressly granted in this Agreement.
5 TERMINATION
This Agreement is effective until terminated. This Agreement will terminate automatically if you fail to comply with any provision of this Agreement. Upon notice of termination from EdrawSoft you shall destroy the documentation and all copies of the Software promptly.
6 UPDATE POLICY
EdrawSoft may create, from time to time, updated versions of the Software. EdrawSoft will make any such updated versions available to licensees who have paid the update fee. If you acquire an updated version of the Software then all copies of the previous version must be destroyed and not used, except for one copy which may be retained solely for archival purposes.
7 WARRANTY
7.1 Subject to the limitations upon its liability set out in clause 8, EdrawSoft warrants that:
7.1.1 for a period of 90 days from you purchasing the Software, it will materially conform to the electronic documentation provided with it; and
7.1.2 with respect to any physical diskette(s), the same shall be free from defects in materials and workmanship for a period of 90 days from purchase.
7.2 In the event of notification within the warranty period stated in clause 7.1, EdrawSoft shall replace the defective Software and/or diskette(s). Your remedy for breach of the warranties set out in clause 7.1 shall be limited to replacement of the defective materials and shall not encompass any other damages.
7.3 Save as stated herein, EdrawSoft expressly disclaims all other conditions, warranties, terms and undertakings, expressed or implied, statutory or otherwise, relating to the Software and related documentation or technical support including but not limited to warranties of quality, performance, satisfactory quality or fitness for a particular purpose.
8 LIMITATION OF LIABILITY
8.1 IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY
OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
8.2 Except as provided in clause 8.1, EdrawSoft¡¯s maximum liability to you for any cause whatsoever will be limited to the amount paid for the Software.
9 REFUNDS
This software purchase is non-refundable. Fully functioning 30-day trial versions of this software can be freely downloaded from our website. The trial version is intended to allow you to evaluate the capabilities of this software, determine whether this software meets your requirements, and to confirm reliability.
10 SEVERABILITY
If a Court or other competent authority decides that any provision of this Agreement is void or otherwise ineffective in whole or in part then any other part and the other terms and conditions of this Agreement shall continue in full force and effect.
11 THIRD PARTY RIGHTS
The parties do not intend that any term of this Agreement shall be enforceable solely by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to this Agreement.
12 ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter of this Agreement and supersedes all previous agreements, arrangements or undertakings between the parties relating to the subject matter of this Agreement and any representations or warranties previously given or made to it.
13 ASSIGNMENT
You may not assign this Agreement nor any of its rights or obligations hereunder nor sub-license the use (in whole or in part) of the Software without EdrawSoft's prior consent.
14 NOTICES
14.1 All notices shall be given:
14.1.1 to EdrawSoft via e-mail at support@edrawsoft.com;
14.1.2 to you at either the e-mail or postal address you provide during any ordering process.
14.2 Notice will be deemed received when an e-mail is received in full (or else on the next business day if it is received on a weekend or a public holiday in the place of receipt) or 3 days after the date of posting.
15 GOVERNING LAW
This Agreement is governed by and interpreted in accordance with English law. Any disputes or claims relating to this Agreement shall be subject to the exclusive jurisdiction of the English Courts.
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Copyright EdrawSoft 2004-2010; All Rights Reserved.
Copyright EdrawSoft 2004-2010; All Rights Reserved.