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SoftPro CubePlayer
version 2.0
IMPORTANT-READ
CAREFULLY: This End-User License
Agreement ("EULA") is a legal agreement between you (either an individual or a single
entity) and SoftPro for the
SoftPro software product identified above, which includes computer software and
may include associated media, printed materials, and "online" or electronic
documentation ("Product"). An amendment or addendum to this EULA may accompany
the Product.
YOU AGREE TO BE
BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE
PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN
IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
In addition, by
installing, copying, or otherwise using subscription updates that you receive as
part of the Product (''UPDATES''), you agree to be bound by the additional
license terms that accompany such UPDATES. If you do not agree to the additional
license terms that accompany such UPDATES, you may not install, copy, or use
such UPDATES.
1.
Applicability of License
Depending on the
product level you have chosen, the Product may consist of product documentation,
sample applications, books and periodicals, tools and utilities, miscellaneous
technical information, operating systems, development toolkits, server
applications, and development tools (each, a "COMPONENT," and collectively
"COMPONENTS," of the Product).
2. General
Grant of License
In general, for
each license you have acquired for the Product, one individual is authorized to
use the Product according to the terms of this EULA. Unless expressly stated
otherwise, the Product may not be separated for use by more than the one
individual authorized to use the Product. A single product level may have
multiple licenses to use the Product associated with that level; nonetheless,
each license must be dedicated to use of the Product by one
individual.
Specifically:
a.
If you are an
individual, SoftPro Tetral grants to you as an individual a personal,
nonexclusive license to make and use copies of the Product in accordance with
the terms of this EULA, provided that you are the only individual using the
Product.
b.
If you are an
entity, SoftPro Tetral grants to you the right to designate one individual
within your organization to have the sole right to make and use copies of the
Product in ccordance with the terms of this EULA.
c.
If you are an
entity and have acquired this EULA as part of a SoftPro Tetral License Pack, SoftPro
Tetral grants to you the right to designate one individual per license (i.e., on
a one-for-one basis) within your organization to have the sole right under each
such license to make and use copies of the Product in accordance with the terms
of this EULA.
3. Effect of
Licenses contained in COMPONENTS
COMPONENTS that
you receive as part of the Product may have their own licenses (each, a
"Component Agreement"). In the event of inconsistencies between this EULA and
any Component Agreement, the
terms of the Component Agreement shall control except in the following
instances:
a.
For all of the
Product, Section 4 of this EULA shall control; and
b.
For all
COMPONENTS included in the CubePlayer all provisions of this EULA
shall control.
4. Additional
Rights and Limitations-General
4.1
Limitation on
Reverse Engineering, Decompilation, and Disassembly. You may not reverse
engineer, decompile, or disassemble the Product, except and only to the extent
that it is expressly permitted by applicable law notwithstanding this
limitation.
4.2
Termination.
Without prejudice to any other rights, SoftPro Tetral may cancel this EULA if
you do not abide by the terms and conditions of this EULA, in which case you
must destroy all copies of the Product and all of its component
parts.
4.3
Consent to Use of
Data. You agree that SoftPro Tetral and its affiliates may collect and use
technical information you provide as a part of support services related to the
Product. SoftPro Tetral agrees not to use this information in a form that
personally identifies you.
4.4
Not for Resale
Software. Product identified as "Not for Resale" or "NFR" may not be resold,
transferred, or used for any purpose other than demonstration, test, or
evaluation.
4.5
Software
Transfer. You may permanently transfer all of your rights under this EULA,
provided you retain no copies, you transfer all of the Product (including all
COMPONENTS, UPDATES, the media and printed materials, any upgrades, and this
EULA), you provide SoftPro Tetral notice of your name, company, and address and
the name, company, and address of the person to whom you are transferring the
rights granted herein, and the recipient agrees to the terms of this EULA. If
the Product is an upgrade, any transfer must include all prior versions of the
Product. If the Product is received as part of a subscription, any transfer must
include all prior deliverables of Product and all other subscription
deliverables.
4.6
Separation of
COMPONENTS. The Product is licensed as a single product. Its COMPONENT parts may
not be separated for use by more than one user (or for use on more than one
computer for CubePlayer
sofware).
4.7
Prerelease Code.
Portions of the Product may be identified as prerelease code ("Prerelease
Code"). Such Prerelease Code is
not at the level of performance and compatibility of the final, generally
available product offering. The Prerelease Code may not operate correctly and
may be substantially modified prior to first commercial shipment. SoftPro Tetral
is not obligated to make this or any later version of the Prerelease Code
commercially available. The grant of license to use Prerelease Code expires upon
availability of a commercial release of the Prerelease Code from SoftPro
Tetral.
4.8
Update License
Terms. All UPDATES shall be considered part of the Product and subject to the
terms and conditions of this EULA. Additional license terms may accompany
UPDATES (as defined in the first paragraph of this EULA). By installing,
copying, or otherwise using any UPDATE, you agree to be bound by the terms
accompanying each such UPDATE. If you do not agree to the additional license
terms accompanying such UPDATES, do not install, copy, or otherwise use such
UPDATES.
5. Licenses
Applicable to CubePlayer
5.1
General. SoftPro Tetral grants you, a personal,
nonexclusive license to make and use the purchased number of copies of each of
the software programs contained in the COMPONENTS included in the Program described in the
heading to this subsection for the general business purposes of using the
product(s).
5.2 CubePlayer - Additional Rights and
Restrictions
a.
Documentation.
For the CubePlayer, SoftPro
tetral grants you a worldwide, nonexclusive, nontransferable, royalty-free right
to make, use, and install an unlimited number of copies of the CubePlayer solely for internal use by
an unlimited number of end users so long as: (i) such end users are persons who are
generally granted access to your internal network; (ii) such copies shall be used only
for internal purposes and are not to be republished or distributed (either in
hard copy or electronic form) beyond your premises; and: (iii) you may use documentation
identified in the CubePlayer as
the file format specification for CubePlayer Viewer ("File Format
Documentation") solely in connection with your development of software
product(s) that operate in conjunction with various versions of Windows
operating system.
Note:
A product that
includes limited word-processing, spreadsheet, database, or presentation
graphics components along with other components that provide significant and
primary value, such as an accounting product with limited spreadsheet
capability, is not considered to be a "general-purpose" product. For licensing
terms relating to use of the File Format Documentation for purposes other than
the use described above, please contact SoftPro Tetral.
b.
Sample Code
included in CubePlayer
(collectively, "CubePlayer Sample Code"). Provided that you comply with the
terms of Section 8, SoftPro
Tetral grants you the following nonexclusive, royalty-free rights: (a) to use and modify the source code
version of, and reproduce and distribute the object code version of, those
portions of the CubePlayer Sample
Code identified as sample code within the documentation and/or in the
"sample code" directory (exclusive of .dll files); and (b) to reproduce and distribute the
object code version of the .dll files included as part of the Library Sample
Code, solely in conjunction with a software product developed by you that adds
primary and significant functionality to the CubePlayer Sample
Code.
6.
Distribution Requirements
If you choose to
redistribute the CubePlayer Sample
Code with a software product developed by you as described in this EULA
(an "Application"), you agree to (a) not permit further redistribution
of the CubePlayer Sample Code by your end-user customers; (b) not use SoftPro Tetral's name,
logo, or trademarks to market your Application; (c) include a valid copyright notice
on your Application; (d)
indemnify, hold harmless, and defend SoftPro Tetral from and against any claims
or lawsuits, including attorney's fees, that arise or result from the use or
distribution of your application; (e) include "Copyright <year>
SoftPro Tetral d.o.o., Zagreb, Croatia" in all SoftPro Tetral code used within
your program(s); (f) otherwise
comply with the terms of this EULA; and (g) that SoftPro Tetral reserves all
rights not expressly granted. Notwithstanding subsection 8(a), above, you may
permit further redistribution of the Redistributable Code by your
distributors to your end-user customers if your distributors only distribute the
Redistributable Code in conjunction with, and as part of, your Application and
you and your distributors comply with all other terms of this
EULA.
7. LIMITED
WARRANTY
SoftPro Tetral
warrants that the Product will perform substantially in accordance with the
accompanying materials for a period of 90 days from the date of
receipt.
If an implied
warranty or condition is created by your state/jurisdiction and federal or
state/provincial law prohibits disclaimer of it, you also have an implied
warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF
THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE
NINETY (90)-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some
states/jurisdictions do not allow limitations on how long an implied warranty or
condition lasts, so the above limitation may not apply to
you.
Any supplements
or updates to the Product, including without limitation, any (if any) service
packs or hot fixes provided to you after the expiration of the ninety-day
Limited Warranty period are not covered by any warranty or condition, express,
implied, or statutory.
8. LIMITATION
ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES
Your exclusive
remedy for any breach of this Limited Warranty is as set forth below. Except for
any refund elected by SoftPro, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING
BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet SoftPro's
Limited Warranty, and, to the maximum extent allowed by applicable law, even if
any remedy fails of its essential purpose. The terms of Section 11 below
("Exclusion of Incidental, Consequential, and Certain Other Damages") are also
incorporated into this Limited Warranty. Some states/jurisdictions do not allow
the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you. This Limited Warranty gives you
specific legal rights. You may have others which vary from state/jurisdiction to
state/jurisdiction. YOUR EXCLUSIVE REMEDY.
SoftPro Tetral's
and its suppliers' entire liability and your exclusive remedy shall be, at
SoftPro Tetral's option from time to time exercised subject to applicable law,
(a) return of the price paid (if any) for the Product, or (b) repair or
replacement of the Product, that does not meet this Limited Warranty and that is
returned to SoftPro with a copy of your receipt. You will receive the remedy
elected by SoftPro Tetral without charge, except that you are responsible for
any expenses you may incur (e.g. cost of shipping the Product to SoftPro
Tetral). This Limited Warranty is void if failure of the Product has resulted
from accident, abuse, misapplication, abnormal use, or a virus. Any replacement
Product will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer. Outside the United States or Canada,
neither these remedies nor any product support services offered by SoftPro
Tetral are available without proof of purchase from an authorized international
source. To exercise your remedy, contact: SoftPro Tetral, Attn. SoftPro Sales
Information Center/Bozidareviceva 13/Zagreb, 10000
9. DISCLAIMER
OF WARRANTIES
The Limited
Warranty that appears above is the only express warranty made to you and is
provided inlieu of any other express warranties (if any) created by any
documentation or packaging. Except for the Limited Warranty and to the maximum
extent permitted by applicable law, SoftPro Tetral and its suppliers provide the
Product and Support Services (if any) AS IS AND WITH ALL FAULTS, and hereby
disclaim all other warranties and conditions, either express, implied, or
statutory, including, but not limited to, any (if any) implied warranties,
duties or conditions of merchantability, of fitness for a particular purpose, of
accuracy or completeness of responses, of results, of workmanlike effort, of
lack of viruses, and of lack of negligence, all with regard to the Product, and
the provision of or failure to provide Support Services. ALSO, THERE IS NO
WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
PRODUCT.
10. EXCLUSION
OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER
DAMAGES
To the maximum
extent permitted by applicable law, in no event shall SoftPro Tetral or its
suppliers be liable for any special, incidental, indirect, or consequential
damages whatsoever (including, but not limited to, damages for loss of profits
or confidential or other information, for business interruption, for personal
injury, for loss of privacy, for failure to meet any duty including of good
faith or of reasonable care, for negligence, and for any other pecuniary or
other loss whatsoever) arising out of or in any way related to the use of or
inability to use the PRODUCT, the provision of or failure to provide Support
Services, or otherwise under or in connection with any provision of this EULA,
even in the event of the fault, tort (including negligence), strict liability,
breach of contract, or breach of warranty of SoftPro Tetral or any supplier, and
even if SoftPro Tetral or any supplier has been advised of the possibility of
such damages.
11. LIMITATION
OF LIABILITY AND REMEDIES
Notwithstanding
any damages that you might incur for any reason whatsoever (including, without
limitation, all damages referenced above and all direct or general damages), the
entire liability of SoftPro and any of its suppliers under any provision of this
EULA and your exclusive remedy for all of the foregoing (except for any remedy
of repair or replacement elected by SoftPro Tetral with respect to any breach of
the Limited Warranty) shall be limited to the greater of the amount actually
paid by you for the Product or U.S. $5.00. The foregoing limitations,
exclusions, and disclaimers (including Sections 9, 10, and 11 above) shall apply
to the maximum extent permitted by applicable law, even if any remedy fails its
essential purpose.
12. APPLICABLE
LAW
If you acquired
this Product in the
13. ENTIRE
AGREEMENT
This EULA
(including any addendum or amendment to this EULA which is included with the
Product) are the entire agreement between you and SoftPro relating to the
Product and the Support Services (if any) and they supersede all prior or
contemporaneous oral or written communications, proposals, and representations
with respect to the Product or any other subject matter covered by this EULA. To
the extent the terms of any SoftPro Tetral policies or programs for Support
Services conflict with the terms of this EULA, the terms of this EULA shall
control.
14.
Copyright
The Product is
protected by copyright and other intellectual property laws and treaties.
SoftPro Tetral or its suppliers own the title, copyright, and other intellectual
property rights in the Product. The Product is licensed, not
sold.