|NOTICE- READ THIS AGREEMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. WE ARE WILLING TO LICENSE THE SOFTWARE TO YOU, A SINGLE, INDIVIDUAL END-USER, ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END-USER LICENSE AGREEMENT. BY OPENING THE SEALED CD/DISKETTE PACKAGE, OR BY INSTALLING, COPYING, OR USING THE SOFTWARE, YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, PROMPTLY RETURN THE UNUSED/UNOPENED SOFTWARE AND ALL ACCOMPANYING MATERIALS, ALONG WITH PROOF OF PAYMENT, TO THE PLACE OF PURCHASE FOR A REFUND OF THE PURCHASE PRICE.|
|Ownership And License|
|This is a license agreement and NOT an agreement for sale. It constitutes an agreement between You (one single, individual end-user) and Softel vdm, Inc. We continue to own the copy of the computer programs, documentation, data, and other content provided on the CD/diskette(s)/electronic delivery contained in this package, and all other copies (if any) that You are authorized by this Agreement to make (the "Software"). Your rights to use the Software are specified in this Agreement, and we retain all rights not expressly granted to You in this Agreement. Nothing in this Agreement constitutes a waiver of our rights under U.S. or international copyright law or any other federal or state law.|
|Single User License / Single Developer License|
|A license is licensed for one (1) user/installation. It is the purchaser's and end-user's responsibility to insure that the specified number of users/installations (concurrently and non-concurrently) is never exceeded. Each user/installation, up to the specified number, is subject to this license agreement and receives all rights and obligations herein.|
|Licenses clearly marked as "Multi-User License" are licensed for twenty-five (25) users/installations. The same license number is used for all installations, up to the specified number. It is the purchaser's and end-users' responsibility to insure that the specified number of users/installations (concurrently and/or non-concurrently) is never exceeded. Each user/installation, up to the specified number, is subject to this license agreement and receives all rights and obligations herein.|
|Licenses clearly marked as "Enterprise License" are licensed for fifty (50) users/installations. The same license number is used for all installations, up to the specified number. It is the purchaser's and end-users' responsibility to insure that the specified number of users/installations (concurrently and/or non-concurrently) is never exceeded. Each user/installation, up to the specified number, is subject to this license agreement and receives all rights and obligations herein.|
|You are granted the following rights to the Software: |
|For products that contain redistributable portions, the following table shows the respective redistributable files. These files can be distributed with Your completed end-user application(s), for run-time purposes only, under the terms of this Agreement without any royalty payments. No other files (including, but not limited to, source files, header files, etc.) may be distributed. Redistributable files cannot be distributed for development, compilation, debugging and similar design-time purposes. In the event that a license is terminated, the rights to distribute any of these files is also terminated and all distributed portions must be recalled and destroyed. |
|SftBox/OCX 5.0||SftBox_IX86_U_50.ocx, SftBox_x64_U_50.ocx, SftBox_IX86_I_50.cab, Softelvdm.OCXHelper.dll|
|SftButton/OCX 3.0||SftButton_IX86_U_30.ocx, SftButton_x64_U_30.ocx, SftButton_IX86_I_30.cab|
|SftDirectory 3.5||SftDirectory_IX86_U_35.ocx, SftDirectory_x64_U_35.ocx, SftDirectoryMUISupport_IX86_U_35.ocx, SftDirectoryMUISupport_x64_U_35.ocx|
|SftMask/OCX 7.0||SftMask_IX86_U_70.ocx, SftMask_x64_U_70.ocx, SftMask_IX86_I_70.cab|
|SftOptions 1.0||SftOptions_IX86_U_10.ocx, SftOptions_IX86_I_10.cab|
|SftPrintPreview/OCX 1.0||SftPrintPreview_IX86_U_10.ocx, SftPrintPreview_IX86_I_10.cab|
|SftPrintPreview/DLL 2.0||SftPrintPreview_IX86_A_20.dll, SftPrintPreview_IX86_U_20.dll, SftPrintPreview_IX86_V_20.dll, SftPrintPreview_IX86_V_20.dll, SftPrintPreview_x64_A_20.dll, SftPrintPreview_x64_U_20.dll|
|SftTabs/DLL 6.5||SftTabs_IX86_A_65.dll, SftTabs_IX86_U_65.dll, SftTabs_x64_A_65.dll, SftTabs_x64_U_65.dll|
|SftTabs/NET 6.0||Softelvdm.SftTabsNET.dll (6.0.*.*), Softelvdm.Controls.dll (1.0.*.*)|
|SftTree/DLL 7.5||SftTree_IX86_A_75.dll, SftTree_IX86_U_75.dll, SftTree_x64_A_75.dll, SftTree_x64_U_75.dll|
|SftTree/NET 2.0||Softelvdm.SftTreeNET.dll (2.0.*.*), Softelvdm.Controls.dll (1.0.*.*)|
|SftTree/OCX 7.5||SftTree_IX86_U_75.ocx, SftTree_x64_U_75.ocx, SftTree_IX86_I_75.ocx, SftTree_x64_I_75.ocx, SftTree_IX86_I_75.cab|
|Web Pages - Run-Time License|
|Redistributable Components can be distributed royalty-free with Your completed executable end-user application(s), for run-time purposes only. |
Use of Redistributable Components as part of web pages (HTML, ASPX, etc.) is only possible with a "Web License". A Web License is required so the Redistributable Components can be used (in run-time only mode) on a web page. The web license insures that all visitors of Your web site can use the control in run-time mode.
A licensed user can obtain one free Web License for each licensed product from our web site at www.softelvdm.com/weblicense. One web license is valid for one domain and supports third level domains (i.e., one license covers "softelvdm.com", "www.softelvdm.com", "test.softelvdm.com", etc.). Additional Web Licenses are available for additional web sites at a nominal fee.
The following Redistributable Components require a Web License, if used on web pages:
|SftOptions 1.0||SftOptions_IX86_U_10.ocx, SftOptions_IX86_I_10.cab|
|After product installation, the Software must be registered before it can be used. Only one user is authorized to register and use the Software as outlined in this agreement. A separate license is required for each user of any portion of the Software (excluding Redistributable Components used for run-time purposes). |
The product registration process is a mandatory electronic process designed to indicate acceptance of this agreement, update the product's end-user information in Softel vdm, Inc.'s records, count installations of the Software and to determine the number of users using the Software. The Software will not operate without registration. Providing false, misleading or incomplete registration information or use of any part of the product without registration is cause for termination of the license.
Licenses are registered at the time of installation of the Software, through Softel vdm, Inc.'s License Manager application (requires Internet access on the computer where the Software is installed) or through an online process on Softel vdm, Inc.'s web site (requires Internet access and is possible from any computer, not just the computer where the Software is installed). Once registered, actual use of the Software does not require Internet access.
Successful registration and/or re-registration cannot be construed as legitimate use. Registration and re-registration of the Software is an accounting tool and not an enforcement tool. Registration and re-registration of the Software is immediate or may be rejected (for example, if the license has been previously suspended or terminated, generally due to a violation of the license agreement or copyright infringement). Repeat registration of this Software beyond the licensed use may result in license termination, however, the user has the option of providing information at the time of re-registration explaining the purpose or need for re-registration.
|DLL, OCX, Assembly Source Code|
|The DLL, OCX or Assembly component source code (if available) is provided as-is. We continue to own the source code provided, even if modified by You. You may not allow access to or grant use of the source code (even if modified by You) or other portions of the Software to other users (unless each additional user is licensed to use the Software). Copyright notices may not be removed and must remain intact. Any computer program derived from our product source code must include a copyright notice visible to the end-user of Your program, usually in the About screen of Your program.|
|We warrant that, for thirty (30) days from the date You acquired it from us or our authorized dealers (1) the Software will perform substantially in accordance with the user documentation accompanying the Software, and (2) the media on which the Software is provided to You will be free from defects in materials and workmanship under normal use and service.|
|Our entire liability and Your sole and exclusive remedy for breach of the foregoing warranty shall be, at our option, to either (1) return the purchase price, or (2) repair or replace the Software or media that does not meet the foregoing limited warranty if it is returned to us with a copy of Your receipt. This limited warranty is void if failure of the Software is caused by accident, abuse, or violation of this license agreement. Any replacement Software will be warranted as above for the remainder of the original warranty period, or thirty (30) days from the date we ship it to You, whichever is longer.|
|WE DO NOT WARRANT THAT THIS SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. TO THE EXTENT ALLOWED BY LAW, WE EXPRESSLY DISCLAIM ALL EXPRESS WARRANTIES NOT STATED HERE AND ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. |
This limited warranty gives You specific legal rights, and You may also have other legal rights which vary from State to State.
Warranty inquiries may be sent to: Softel vdm, Inc., 5401 S Kirkman Rd, Suite 310, Orlando, FL 32819, USA.
|LIMITATION OF LIABILITY|
|OUR LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT YOU ORIGINALLY PAID FOR THE SOFTWARE. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
|United States Government Restricted Rights|
|This section applies to all acquisitions of the Software by or for the federal government. By accepting delivery of the Software, the government hereby agrees that the Software qualifies as “commercial” computer software as that term is used in the acquisition regulations applicable to this procurement and that the government’s use and disclosure of the Software is controlled by the terms and conditions of this Agreement to the maximum extent possible. This Agreement supersedes any contrary terms or conditions in any statement of work, contract, or other document that are not required by statute or regulation. If any provision of this Agreement is unacceptable to the government, Vendor may be contacted at Softel vdm, Inc., 5401 S Kirkman Rd, Suite 310, Orlando, FL 32819, USA, (941) 505-8600. If any provision of this Agreement violates applicable federal law or does not meet the government’s actual, minimum needs, the government agrees to return the unused Software for a full refund. |
The following statement applies only to procurements governed by DFARS Part 227.4 (OCT 1988): The enclosed Software is provided with Restricted Rights -- Use, duplication, or disclosure by the U.S. Government or any of its agencies or instrumentalities is subject to restrictions as set forth in subparagraph (c)(1)(ii) [or (i)] of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1988). Contractor Manufacturer is Softel vdm, Inc., 5401 S Kirkman Rd, Suite 310, Orlando, FL 32819, USA.
|You acknowledge that the Software is subject to the export control laws and regulations of the United States and any amendments thereof. You agree that You will not directly or indirectly transfer the Software except in compliance with all applicable U.S. export laws and regulations.|
|This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of the Software in Your possession or by returning all such copies to us. This Agreement and Your right to use this Software automatically terminate and without notice if You fail to comply with any material provision of this Agreement. Your license to use this Software also terminates if You assign this Agreement to someone else. Upon termination, You must stop all use of the Software and must destroy any copies that remain in Your possession. Otherwise, the restrictions on Your rights to use the Software will end upon expiration of the copyright to the Software.|
|This Agreement shall be governed by, construed and enforced in accordance to the laws of the State of Florida. You consent to the exclusive jurisdiction and venue in the federal courts in Florida unless no federal subject matter jurisdiction exists, in which case You consent to the exclusive jurisdiction and venue in the courts of Florida. You waive all defenses of lack of personal jurisdiction and forum nonconveniens. Process may be served on either party in the manner authorized by applicable law or court rule. |
If any provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect.
This Agreement constitutes the entire agreement between the parties with regards to the subject matter and supersedes all prior agreements or communications.
If you have any questions about this Agreement, write to us at Softel vdm, Inc., 5401 S Kirkman Rd, Suite 310, Orlando, FL 32819, USA, firstname.lastname@example.org or call us at (941) 505-8600.