Evaluation License Agreement
PLEASE READ THIS EVALUATION END-USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA (THE "SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE AND, IF APPLICABLE, RETURN IT TO THE PLACE OF PURCHASE.
THE SOFTWARE CONTAINS FUNCTIONALITY TO DISABLE THE SOFTWARE AFTER A DEFINED NUMBER OF USES (THE “TRIAL RUNS”). IF YOU WANT TO USE THE SOFTWARE AFTER THAT NUMBER OF USES, YOU ARE REQUIRED TO PURCHASE A LICENSE.
You must read and agree to be bound by the terms and conditions of this EULA before you use or activate the Software. If you are an individual, then you must be at least 18 years old and have attained the age of majority in the state, territory or jurisdiction where you live to enter into this EULA. If you are using the Software on behalf of an entity, then you must be properly authorized to represent that entity and to accept this EULA on its behalf. If you do not agree to be bound by the terms and conditions of this EULA, do not install or use the Software.
1. COVERAGE OF THIS EULA. This EULA governs the Software, which includes computer software (including online and electronic documentation) and any release, plug-in or add-on that Thomas Kloeker - SoftComponents.com may supply.
2. TRIAL USE LICENSE. Thomas Kloeker - SoftComponents.com grants you the right to use the Software on one computer for Trial Runs. The Trial Runs are the stated or authorized number of uses as specified on your order confirmation or in the accompanying documentation, or if not specified, is 30 times. At the end of your Trial Runs, this EULA expires automatically. You may purchase a paid license to the Software through the www.dllwrapper.com.
3. TIME OUT MECHANISM. You agree not to disable or circumvent the functionality of the Software that causes it to “time out” and cease operation at the expiration of the Trial Runs.
4. UPDATES. Thomas Kloeker - SoftComponents.com may, but is not required, to provide you with software updates (“Updates”). Upon download, Updates become “Software” for the purposes of this EULA. Updates may, at Thomas Kloeker - SoftComponents.com’s option, require additional or different license terms that must be accepted before download.
5. NO SUPPORT. Thomas Kloeker - SoftComponents.com is not obligated to provide maintenance, technical or other support to you for the Software. At its option, Thomas Kloeker - SoftComponents.com may provide information about the Software and its use on its web site.
6. USE RESTRICTIONS. The Software is licensed, not sold. Thomas Kloeker - SoftComponents.com and its suppliers reserve all intellectual property rights in the Software and all rights not expressly granted to you in this EULA. You agree that you will not rent, loan, lease or sublicense the Software or use the Software to provide services to others. You also agree not to attempt to reverse engineer, decompile, modify, translate, disassemble, discover the source code of, or create derivative works from, any part of the Software.
7. THIRD PARTY SOFTWARE. Additional copyright notices and license terms apply to portions of the graphical user interface of the Software which was implemented using the dynamically linked Qt framework. Qt is licensed under the Lesser GNU Public License (LGPL v2.1) (see http://qt-project.org/doc/qt-4.8/lgpl.html). The source code of Qt is available on http://qt-project.org/. By accepting this Agreement, you also accept the third party terms.
8. WARRANTY DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SOFTWARE, SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND. THIS EULA EXCLUDES, TO THE MAXIMUM EXTENT PERMITTED, ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY IMPLIED WARRANTIES RELATING TO THE SOFTWARE WHICH CANNOT BE DISCLAIMED SHALL BE LIMITED TO 30 DAYS (OR THE MINIMUM LEGAL REQUIREMENT) FROM THE DATE YOU ACQUIRE THE SOFTWARE. Thomas Kloeker - SoftComponents.com does not warrant that the Software will meet your requirements or that your use of the Software will be uninterrupted or error-free.
9. LIMITED LIABILITY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THOMAS KLOEKER - SOFTCOMPONENTS.COM OR ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR FOR LOST OR CORRUPTED DATA OR MEMORY, SYSTEM CRASH, DISK/SYSTEM DAMAGE, LOST PROFITS OR SAVINGS, OR LOSS OF BUSINESS, ARISING OUT OF OR RELATED TO THIS EULA OR THE SOFTWARE EVEN IF THOMAS KLOEKER - SOFTCOMPONENTS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THOMAS KLOEKER - SOFTCOMPONENTS.COM OR ITS SUPPLIERS FOR ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY OR ANY OTHER CAUSE OF ACTION OR THEORY OF LIABILITY, EXCEED THE SOFTWARE LICENSE FEES PAID OR OWED BY YOU OR, IF NO FEES WERE PAID, THE SUM OF US$10.00.
10. CONSUMER PROTECTION. SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY, SO THE ABOVE EXCLUSION OR LIMITATION OF LIABILITIES AND DISCLAIMERS OF WARRANTIES (SECTIONS 8 AND 9) MAY NOT FULLY APPLY TO YOU. YOU MAY HAVE ADDITIONAL RIGHTS AND REMEDIES. SUCH POSSIBLE RIGHTS OR REMEDIES, IF ANY, SHALL NOT BE AFFECTED BY THIS EULA.
11. CONSENT TO ELECTRONIC COMMUNICATIONS. Thomas Kloeker - SoftComponents.com may need to send you legal notices and other communications about the Software, Thomas Kloeker - SoftComponents.com’s services or our use of the information you provide us (“Communications”). Thomas Kloeker - SoftComponents.com will send Communications via email to your registered email address or will post Communications on its web site. By accepting this EULA and registering with Thomas Kloeker - SoftComponents.com, you consent to receive all Communications through such electronic means.
12. TERMINATION. Thomas Kloeker - SoftComponents.com may terminate your rights under this EULA immediately and without notice if you fail to comply with any term or condition of this EULA or no longer consent to electronic Communications. Upon such termination, you agree to destroy all copies of the Software. You may terminate this EULA at any point by destroying all copies of the Software. Sections 7, 8, 9, 10, 11, and 15 survive any termination or expiration of this EULA.
13. GENERAL. This EULA constitutes the entire agreement between you and Thomas Kloeker - SoftComponents.com. This EULA supersedes any prior agreement or understanding, whether written or oral, relating to the subject matter of this EULA. In the event that any provision of this EULA is found invalid, the validity of the remaining parts of this EULA will be unaffected. You may not assign or transfer this EULA. This EULA is governed by German law. You and Thomas Kloeker - SoftComponents.com agree to the exclusive jurisdiction and venue of the courts located in Recklinghausen, Germany for the purpose of any action or proceeding brought by either of them in connection with this EULA or its subject matter.