IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity), hereinafter referred to as (“LICENSEE”), and Alpha Custom Database Solutions, LLC, hereinafter referred to as (“LICENSOR”), for the software product(s) identified above which may include associated software components, media, printed materials, and online or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, LICENSEE agrees to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between LICENSEE and LICENSOR, and it supersedes any prior proposal, representation, or understanding between the parties. If LICENSEE does not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold. LICENSEE acknowledges that this is only a limited non-exclusive license. LICENSOR is and remains the owner of all titles, rights, and interests in the Software.
GRANT OF LICENSE.
SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use. LICENSOR grants LICENSEE the right to install and use copies of the SOFTWARE PRODUCT on no more than two computer systems used to develop applications, as long as the Software will not be used on more than one computer system simultaneously. LICENSEE will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this EULA.
(b) Backup Copies. LICENSEE may also make copies of the SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
Maintenance of Copyright Notices. LICENSEE must not remove or alter any
copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Distribution. LICENSEE may not distribute copies of the SOFTWARE PRODUCT to third parties.
(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. LICENSEE may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(d) LICENSEE may not sub-license, rent, lease, assign or otherwise transfer the SOFTWARE PRODUCT or any of LICENSEE's rights thereto, either in whole or in part, to anyone else, except that LICENSEE may, after obtaining written permission from LICENSOR, permanently transfer the SOFTWARE PRODUCT in its entirety, provided LICENSEE retain no copies of the SOFTWARE PRODUCT and the transferee agrees to the terms and conditions of this Agreement.
(e) Support Services. LICENSOR may provide LICENSEE with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to LICENSEE as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(f) Compliance with Applicable Laws. LICENSEE must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
(g) LICENSEE may not:
a) use any part of the SOFTWARE PRODUCT or Modifications or LICENSEE's knowledge of the SOFTWARE PRODUCT (or any information that LICENSEE learns as a result of LICENSEE's use of the SOFTWARE PRODUCT) to create a product with the same or substantially the same functionality as the SOFTWARE PRODUCT;
b) transfer, rent, lease, or sub-license the SOFTWARE PRODUCT or Modifications, or any portions thereof;
c) change or remove the copyright notice from any of the files included in the SOFTWARE PRODUCT or Modifications. UNDER NO CIRCUMSTANCES MAY LICENSEE USE THE SOFTWARE PRODUCT (INCLUDING WITHOUT LIMITATION THE XBASIC SOURCE CODE THEREOF) AS THE BASIS FOR, OR IN CONNECTION WITH, A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY AS THE SOFTWARE.
Without prejudice to any other rights, LICESNOR may terminate this EULA if LICENSEE fails to comply with the terms and conditions of this EULA. In such event, LICENSEE must destroy all copies of the SOFTWARE PRODUCT in LICENSEE'S possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by LICENSOR. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants LICENSEE no rights to use such content. All rights not expressly granted are reserved by LICENSOR.
LICENSOR expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. LICENSOR does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. LICENSOR makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. LICENSOR further expressly disclaims any warranty or representation to Authorized Users or to any third party.
In no event shall LICENSOR be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the SOFTWARE PRODUCT, even if LICENSOR has been advised of the possibility of such damages. In no event will LICENSOR be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. LICENSOR shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
LICENSEE agrees to defend and indemnify LICENSOR and hold LICENSOR harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from LICENSEE'S business operations.
All claims regarding this Agreement are governed by and construed in accordance with the Laws of The Commonwealth of Pennsylvania, applicable to contracts wholly made and performed in such jurisdiction, except for any choice or conflict of Law principles, and must be litigated in The Commonwealth of Pennsylvania, regardless of the inconvenience of the forum, except that a party may seek temporary injunctive relief in any venue of its choosing. The parties acknowledge and agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.