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.
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GRANT OF LICENSE TO USE.
This agreement grants you the following rights.
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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.
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SINGLE USER LICENSE
You may install and use one copy of the SOFTWARE on a single computer.
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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.
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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.
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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.
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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.
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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 :
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the product that you produce and/or distribute is NOT an ActiveX Control with
functionality substantially similar or equivalent to the SOFTWARE;
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you distribute the runtime modules only in conjunction with and as part of your
software product;
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you do not use Viklele's name, logo, or trademarks to market your software
product without Viklele's express written authorization;
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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;
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you may not modify, de-compile, disassemble, reverse engineer or translate the
software.
and
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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