Edraw Component License Agreement
This License Agreement is an agreement between you and EdrawSoft.
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.
2.1 Specific conditions of use which apply to the type of License you have acquired from EdrawSoft are:
2.1.1 Single Developer License allows a single developer to develop a single application using our component. You can distribute the component to a company or a website. There are no run time or deployment costs and the license never expires. The license price includes the software upgrades for the first year.
2.1.2 Team Developer License allows maximum 5 developers to develop a single applications using our component. You can distribute the component to a company or a website. There are no run time or deployment costs and the license never expires. The license price includes the software upgrades for the first year.
2.1.3 Enterprise Distribution License allows any number of developers to develop any number of applications using our component. You have a royalty-free right to distribute the component worldwide. There are no run time or deployment costs and the license never expires. The license price includes the software upgrades and enterprise technical support for the first year.
2.2 A company or organization should have the same office address. The global enterprise needs multiple licenses. A website is defined as a single physical address, i.e. a building or group of buildings sharing the same postal address.
2.3 Any product that you create using Edraw Components must not compete with the Edraw Components 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.
2.4 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.
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.
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 version 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.
7.1 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 the date you purchased 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.
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.
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.
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.
14.1 All notices shall be given:
14.1.1 to EdrawSoft via e-mail at firstname.lastname@example.org;
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.