Sehman Software Inc
Copyright (c) 2004-2005 Sehman Software Inc. All rights reserved.

END-USER LICENSE AGREEMENT FOR SEHMAN SOFTWARE INC SOFTWARE

SINGLE DEVELOPER LICENSE FOR SOFTWARE PRODUCT


IMPORTANT - READ CAREFULLY: This Sehman Software Inc ("Sehman") End-User License Agreement ("EULA") is a legal agreement between you (an individual developer of software applications) and Sehman for the Sehman software product accompanying this EULA, which includes computer software and may include associated source code, media, printed materials, and "on-line" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, use, distribute in any manner, or replicate in any manner, any part, file or portion of the SOFTWARE PRODUCT.

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  1. RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE PRODUCT is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any Sehman intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any products created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
  2. GRANT OF LICENSE. This EULA, if legally executed as defined herein, licenses and so grants you the following rights:
    1. Demo License. You are granted a license to use the SOFTWARE PRODUCT for a period of only seven (7) days after installation of the demo version of the SOFTWARE PRODUCT ("Demo Period"). After the Demo Period, you must either:
      1. Delete the SOFTWARE PRODUCT and all related files from ALL computers onto which it was installed or copied, or
      2. Contact Sehman or one of its authorized resellers to purchase the SOFTWARE PRODUCT.

      You may use the demo version of the SOFTWARE PRODUCT for evaluation purposes only. You may not distribute ANY of the files, in any form or manner, provided with the demo version of the SOFTWARE PRODUCT to ANY PARTIES.

    2. Single Developer License. You may install and use multiple copies of the SOFTWARE PRODUCT or any prior version legally licensed once a single developer license ("Single Developer License") has been obtained from Sehman or a reseller authorized by Sehman, generally via some form of registration. A Single Developer License for the SOFTWARE PRODUCT may not be shared or used concurrently by more than one individual developer. In a project that uses the SOFTWARE PRODUCT, each individual developer on the project requires a separate Single Developer License, regardless of whether they directly use the component or not.
    3. Site License If you purchase a site license from Sehman or a reseller authorized by Sehman, each of the developers at your site is considered licensed according to the terms and conditions of the Single Developer License.
    4. Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on the your other computers over an internal network; however, you must acquire and dedicate a Single Developer License for each separate individual developer who wishes to use the SOFTWARE PRODUCT.
  3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
    1. Not for Resale Software. If the SOFTWARE PRODUCT is labeled and provided as "Not for Resale" or "NFR", then, notwithstanding other sections of this EULA, you may not resell, distribute, or otherwise transfer for value or benefit in any manner, the SOFTWARE PRODUCT or any derivative work using the SOFTWARE PRODUCT. You may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit the SOFTWARE PRODUCT, media or documentation. This also applies to any and all intermediate files, source code, and compiled executables.
    2. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble the SOFTWARE PRODUCT, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE PRODUCT or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
    3. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
    4. Separation of Components, Their Constituent Parts and Redistributables. The SOFTWARE PRODUCT is licensed as a single product. The SOFTWARE PRODUCT and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled, nor placed for distribution, sale, or resale as individual creations by you or any individual not expressly given such permission by Sehman. The provision of source code, if included with the SOFTWARE PRODUCT, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All Sehman libraries, source code, redistributables and other files remain Sehman's exclusive property. You may not distribute any files, except those that Sehman has expressly designated as Redistributable.

      The SOFTWARE PRODUCT may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. Redistributables include, for example, those files identified in printed or on-line documentation as redistributable files, or those files preselected for deployment by an install utility provided with the SOFTWARE PRODUCT (if any). In any event, the Redistributables for the SOFTWARE PRODUCT are only those files specifically designated as such by Sehman. Subject to all of the terms and conditions in this EULA, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the SOFTWARE PRODUCT or the copy transferred to a hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this EULA that you have created using the SOFTWARE PRODUCT. Under no circumstances may any copies of Redistributables be distributed separately.

      If you are using the demo version of the PRODUCT, you are prohibited from redistributing any of the files contained in the PRODUCT, including Redistributables.

    5. Installation and Use. The license granted in this EULA for you to create your own compiled programs and distribute your programs and the Redistributables (if any), is subject to all of the following conditions:
      1. All copies of the programs you create must bear a valid copyright notice, either your own or the Sehman copyright notice that appears on the SOFTWARE PRODUCT.
      2. You may not remove or alter any Sehman copyright, trademark or other proprietary rights notice contained in any portion of Sehman libraries, source code, Redistributables or other files that bear such a notice.
      3. Sehman provides no warranty at all to any person, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact Sehman for such services or assistance.
      4. You will indemnify and hold Sehman, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs.
      5. Your programs containing the SOFTWARE PRODUCT must be written using a licensed, registered copy of the SOFTWARE PRODUCT.
      6. Your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries, code, Redistributables or other files of the SOFTWARE PRODUCT.
      7. You may not use Sehman's or any of its suppliers' names, logos, or trademarks to market your programs.
    6. Support Services. Sehman may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by Sehman policies and programs described in the user manual, in on-line documentation and/or other Sehman provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information you provide to Sehman as part of the Support Services, Sehman may use such information for its business purposes, including for product support and development.
    7. Software Transfer. You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity. 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, redistributables, and/or other files of the SOFTWARE PRODUCT (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed end user have the right to use the libraries, redistributables, or other files of the SOFTWARE PRODUCT (or any portions thereof) for developing programs created with the SOFTWARE PRODUCT. In particular, you may not share copies of the Redistributables with other co-developers.
    8. Termination. Without prejudice to any other rights or remedies, Sehman will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE PRODUCT developed by you, whether in native, altered or compiled state.
  4. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use the SOFTWARE PRODUCT identified by Sehman as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the SOFTWARE PRODUCT that formed the basis for your eligibility for the upgrade, and together constitute a single SOFTWARE PRODUCT. You may use the resulting upgraded SOFTWARE PRODUCT only in accordance with all the terms of this EULA.
  5. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Sehman or its subsidiaries. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT for use by you, a single developer. You may not copy any printed materials accompanying the SOFTWARE PRODUCT.
  6. GENERAL PROVISIONS. This EULA may only be modified in writing signed by you and an authorized officer of Sehman. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.
  7. MISCELLANEOUS. If you acquired this product in the United States, this EULA is governed by the laws of the State of Indiana.

    If this SOFTWARE PRODUCT was acquired outside the United States, then you, agree and ascend to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply. In addition, you agree that any local law(s) to the benefit and protection of Sehman ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply.

    Should you have any questions concerning this EULA, or if you desire to contact Sehman for any reason, please contact us via our support web pages at http://www.sehman.com.

  8. NO WARRANTIES. SEHMAN EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU.
  9. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SEHMAN 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 SEHMAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.