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LICENCE AGREEMENT
FATS DEVELOPER TOOLKIT
IMPORTANT ! READ CAREFULLY:
This GCS Software Developer License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and GCS Software for the GCS Software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("DEVELOPER TOOLKIT" or "SOFTWARE").
By installing, copying, or otherwise using the DEVELOPER TOOLKIT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, promptly return the unused DEVELOPER TOOLKIT to the place from which you obtained it for a full refund; or if you received the DEVELOPER TOOLKIT as part of a subscription or other service from GCS Software, you may cancel the subscription and receive a pro-rata portion of the subscription price.
DEVELOPER TOOLKIT LICENSE
The DEVELOPER TOOLKIT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The DEVELOPER TOOLKIT is licensed, not sold.
GRANT OF LICENSE.
This EULA grants you the following limited, non-exclusive rights:
Software Product.
You may install and use the enclosed DEVELOPER TOOLKIT on a single computer to design, develop, and test software application products for use with the operation systems supported by the DEVELOPER TOOLKIT.
Sample Code.
You may modify the sample source code located in the DEVELOPER TOOLKIT's directories to design, develop, and test your Application. You may also reproduce and distribute the Sample Code in object code form along with any modifications you make to the Sample Code, provided that you comply with the Distribution Requirements described below. For purposes of this section, "modifications" shall mean enhancements to the functionality of the Sample Code.
Redistributable Code.
Portions of the DEVELOPER TOOLKIT may be designated as "Redistributable Code." Text files associated with each file describe the distribution rights associated with each file of the Redistributable Code, subject further to the distribution requirements described below.
Distribution Requirements.
You may copy and redistribute the Sample Code and/or Redistributable Code (collectively "REDISTRIBUTABLE COMPONENTS") as described above, provided that (a) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, and as a part of, your Application; (b) your Application adds significant and primary functionality to the REDISTRIBUTABLE COMPONENTS; (c) the REDISTRIBUTABLE COMPONENTS only operate in conjunction with the operation systems supported by the DEVELOPER TOOLKIT; (d) you do not permit further redistribution of the REDISTRIBUTABLE COMPONENTS by your end-user customers; (e) you do not use GCS Software's name, logo, or trademarks to market your Application; (f) you include a valid copyright notice on your Application; and (g) you agree to indemnify, hold harmless, and defend GCS Software from and against any claims or lawsuits, including attorneys' fees, that arise or result from the use or distribution of your Application. Contact GCS Software for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS. GCS Software reserves all rights not expressly granted to you.
COPYRIGHT.
All rights, title, and copyrights in and to the DEVELOPER TOOLKIT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the DEVELOPER TOOLKIT) and any copies of the DEVELOPER TOOLKIT are owned by GCS Software or its suppliers. The DEVELOPER TOOLKIT is protected by copyright laws and international treaty provisions. Therefore, you must treat the DEVELOPER TOOLKIT like any other copyrighted material, except that you may either (a) make one copy of the DEVELOPER TOOLKIT solely for backup or archival purposes, or (b) install the DEVELOPER TOOLKIT on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the DEVELOPER TOOLKIT.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse-Engineering, Decompilation, and Disassembly.
You may not reverse-engineer, decompile, or disassemble the DEVELOPER TOOLKIT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
Rental.
You may not rent or lease the DEVELOPER TOOLKIT.
Software Transfer.
You may permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the DEVELOPER TOOLKIT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the recipient agrees to the terms of this EULA.
Termination.
Without prejudice to any other rights, GCS Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies ofthe DEVELOPER TOOLKIT and all of its component parts.
GERMAN RESTRICTED RIGHTS.
This Agreement shall be construed under and controlled by the laws of the country of the place of business of GCS Software (GERMANY LAWS). Any action or proceeding brought by either party against the other arising out of or related to this Agreement shall be brought only in a court located in the city of the place of business of GCS SOFTWARE.
NO WARRANTIES.
To the maximum extent permitted by applicable law, GCS Software expressly disclaims any warranty for the DEVELOPER TOOLKIT. The DEVELOPER TOOLKIT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the DEVELOPER TOOLKIT remains with you.
LIMITATION OF LIABILITY.
GCS Software's entire liability and your exclusive remedy under this EULA shall not exceed one hundred dollars (US$ 100.00).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
To the maximum extent permitted by applicable law, in no event shall GCS Software or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this GCS Software product, even if GCS Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
© 2008 GCS Software, Udo Gertz