| License Agreement |
The following license agreement is applicable when you download an evaluation copy or purchase any of our products.
"IMPORTANT -- READ CAREFULLY BEFORE INSTALLING SOFTWARE.
By installing the enclosed software, you indicate your acceptance of the following License Agreement.
If you do not agree to the terms of this Agreement, promptly delete the uninstalled software.
This is a legal agreement between you (either as an individual or a single entity) and Viklele
Associates ("Viklele") for this software product which includes computer software and may include
associated media, printed materials, and "online" or electronic documentation (the "SOFTWARE").
By installing, copying or otherwise using this SOFTWARE you are agreeing to be bound by the terms
of this agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE.
- GRANT OF LICENSE TO USE.
This agreement grants you the following rights.
- EVALUATION LICENSE
You may install and use an unlimited number of copies of the SOFTWARE on an unlimited
number of machines. Evaluation license expressly prohibits you from using the product for any
purpose other than evaluation of the functionality of the product.
- SINGLE USER LICENSE
You may install and use one copy of the SOFTWARE on a single computer.
- MULTI USER LICENSE
You may use as many copies of the SOFTWARE as your multi user license entitles you to, in
the manner specified above.
- COPYRIGHT.
This Software is the proprietary product of Viklele and is protected by the copyright laws and
international provisions. You must treat the Software as any other copyrighted material (e.g., a
book or musical recording), with the exception that you may either make a single copy of the
Software solely for back-up or archival purposes, or transfer the Software to a single hard
disk provided you keep the original solely for backup or archival purposes. You may not use,
copy, modify, or transfer the software or documentation, or any copy, except as expressly
provided in this agreement. You may not duplicate the written materials accompanying the Software.
- TRANSFER RESTRICTIONS.
You may not lease or otherwise rent the Software, but you may transfer the Software and
accompanying written materials on a permanent basis provided the recipient agrees to the
terms of this Agreement. You may not disassemble, reverse engineer, or decompile the Software.
- TERM.
This license is effective until terminated. You may terminate it by destroying the Software
and Documentation and all copies thereof. This license will also terminate if you fail to
comply with any term or provision of this Agreement. You agree upon such termination to destroy
all copies of the Software and documentation.
- OTHER RESTRICTIONS.
You may not modify the Software. Viklele grants to you a royalty-free right to reproduce and
distribute runtime modules of the Software provided that :
- the product that you produce and/or distribute is NOT an ActiveX Control with functionality
substantially similar or equivalent to the SOFTWARE;
- you distribute the runtime modules only in conjunction with and as part of your software
product;
- you do not use Viklele's name, logo, or trademarks to market your software product without
Viklele's express written authorization;
- you include Viklele's copyright notice for the Software on your product label and as part
of the sign-on message for your software product;
- you may not modify, de-compile, disassemble, reverse engineer or translate the software.
and
- you agree to indemnify, hold harmless and defend Viklele from and against any claims or
lawsuits including attorney's fees, that may arise or result from the use or distribution of
your software product. The runtime modules are those files in the Software required during
execution of your program. The runtime modules are limited to runtime files, install files,
and rebuild files.
- ENHANCEMENTS AND UPDATES.
From time to time, at its sole discretion, Viklele Associates may provide enhancements, updates,
or new versions of the SOFTWARE on its then standard terms and conditions thereof. This Agreement
shall apply to such enhancements.
- LIMITED WARRANTY.
You assume all responsibility for the selection of the SOFTWARE as appropriate to achieve the
results you intend and for the installation of, use of, and results obtained from the SOFTWARE.
The SOFTWARE is provided "as is." to the maximum extent permitted by applicable law, Viklele
disclaims all warranties, either express or implied, including but not limited to implied
warranties of merchantability, fitness for a particular purpose, and non infringement with
respect to the software and the accompanying documentation. Without limiting the foregoing
provisions, Viklele makes no warranty that the software will be error-free or free from
interruptions or other failures or that the software will meet your requirements. Some states
and jurisdictions do not allow limitations on implied warranties, so the above limitation may
not apply to you. The foregoing provisions shall be enforceable to the maximum extent permitted
by applicable law.
- CUSTOMER REMEDIES.
Viklele Associates and its suppliers' entire liability and your exclusive remedy shall be, at
Viklele Associates's option, either (a) return of the price paid or (b) repair or replacement
of the SOFTWARE that does not meet Viklele Associates's Limited Warranty and which is returned
to Viklele Associates with a copy of your receipt or proof of purchase. This Limited Warranty
is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any
replacement SOFTWARE will be warranted for the remainder of the original warranty period or
thirty (30) days, whichever is longer.
- NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall Viklele or anyone else who has been involved in the creation, development,
production, distribution or supply of this software be liable for any damages whatsoever (including,
without limitation, damages for loss of business profits, business interruption, loss of business
information, or other pecuniary loss) arising out of use of or inability to use this Viklele
Associates product, even if Viklele Associates or its dealer have been advised of the possibility
of such damages. Some countries do not allow the exclusion or limitation of certain implied
warranties or the limitation of the foregoing warranty or the exclusion or limitation of
incidental or consequential damages, in which case and to the extent such exclusion or limitation
is not allowed some of the foregoing limitations and exclusions may not apply to you.
- GENERAL PROVISION.
You shall have no right to sub-license any of the rights of this agreement, for any reason. In the
event of the breach by you of this Agreement, you shall be liable for all damages to Viklele Associates,
and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be
invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining
portions of this Agreement shall not be affected or impaired thereby. In the event of a legal
proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs
incurred.
This Agreement constitutes the entire agreement between the parties for the supply of the SOFTWARE
and its associated documentation and supersedes all prior arrangements, agreements, representations,
and undertakings. This Agreement may not be changed or modified except by a written instrument duly
executed by each of the parties hereto.
- MISCELLANEOUS.
This Agreement shall be governed by and construed in accordance with the laws of India, without
reference to conflict of laws principles. If any provision of this Agreement is held invalid,
the remainder of this Agreement shall continue in full force and effect.
You shall be responsible for the payment of all taxes, duties, or levies that may now or hereafter
be imposed by any authority upon this Agreement for the supply, use, or maintenance of the SOFTWARE,
and if any of the foregoing taxes, duties, or levies are paid at any time by Viklele Associates,
you shall reimburse Viklele Associates in full upon demand.
- ACKNOWLEDGEMENTS.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its
terms and conditions."
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