» version 18.104.22.168. - posted on 2005-09-29
EULA - End User License Agreement
1. IDM General End User Licence.
The following agreement applies to a software components products of IDM. This is a legal agreement (hereafter "Agreement") between you, either an individual or an entity, as the end user (hereafter "Recipient") and IDM - Vlasta Herudek (hereafter "IDM"). By installing or using the software and related documentation provided with this agreement (hereafter "Components", "Applications" or "Software products"), you agree 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.
NON-DISCLOSURE AND LICENCE AGREEMENT FOR AN IDM SOFTWARE APPLICATIONS AND COMPONENTS
2. GRANT OF LICENCE.
IDM grants Recipient a limited, non-exclusive, non-transferable or royalty-free licence right to use Applications or to use or to redistribute the Components as the following constraint is met:
You may not use the Component to design, build or redistribute another COMPONENT that make use of it.
Such a COMPONENT is here defined as a piece of software not capable of running on its own, but requiring a distinct executable piece of software that wraps around it and provides it with the runtime facilities required to actually execute on a computer.
Recipient shall not rent, lease, sell, sublicence, assign, or otherwise transfer the Applications, including any accompanying printed materials.
Recipient may not reverse engineer, decompile or disassemble the Components, Applications or other IDMs software products.
IDM shall retain title and all ownership rights to the software products.
The IDM software products are licenced not sold. The IDM software products can be purchased in different licensing variants:
2.1. TRIAL VERSION.
Use of software products without purchase of a License (30-day trial period) shall be limited to evaluation purposes only. Redistribution of RUNTIME is strictly prohibited in all forms. Programs created using a trial license must be destroyed when the trial period has expired. Software compiled using a trial license cannot be bought, sold, licensed, copied, traded or otherwise used by other individuals.
2.2. SINGLE DEVELOPER LICENCE.
This is licenced to one developer. All developers working on a project that includes the IDM software products, even though not working directly with the IDM software products, are required to purchase a licence for that software products.
3. DISTRIBUTING RUNTIME FILES WITH YOUR APPLICATIONS.
As a Recipient you may distribute Components runtime along with your own product royalty-free. When used to develop standalone/client applications (explicitly excluded here are middleware, server software, utilities, programming tools and components), a single (developer) license gives you the right to redistribute the runtime files along with your applications on a royalty-free basis.
4. TERM OF AGREEMENT.
The term of this Agreement shall commence at the date Recipient purchases the software products.
IDM is not obligated to provide maintenance to Recipient for the software products licenced under this Agreement.
The IDM software products, including its existence and features, is proprietary and confidential information to IDM. Recipient agrees not to disclose or provide any of the software products, documentation, or information relating to the software products to a third party without IDMs express written permission.
7. DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, the software products are provided "as is" and without warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of the use or installation of the Components, if any, remains with Recipient.
8. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
To the maximum extent permitted by applicable law, in no event shall IDM, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organisations be liable for any special, incidental, indirect, consequential or punitive damages whatsoever arising out of or in any way related to the use of or the inability to use the software products.
9. LIMITATION OF LIABILITY AND REMEDIES.
To the maximum extent permitted by applicable law, any liability of IDM will be limited exclusively to a refund of the purchase price.
10. GOVERNING LAW.
This Agreement shall be construed and controlled by the laws of the Czech Republic. Exclusive jurisdiction and venue for all matters relating to this Agreement shall be in courts located in the Czech Republic. The Recipient consents to such jurisdiction and venue.
11. ENTIRE AGREEMENT.
This Agreement constitutes the complete and exclusive agreement between IDM and Recipient with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing fuly signed by an authorised representative of IDM and Recipient. Should you have any questions concerning this Agreement, please contact IDM.