HREF Tools Corp.
License for Registered Copy of WebHub Components
This Agreement is made by and between HREF Tools Corp.,
Santa Rosa, California USA ("HREF")
and you, the "USER." HREF and USER agree as follows:
- "Development Material" includes the software
products ("Program"), Documentation, and any modifications
to them. The "Program" includes but is not limited to:
- A. WebHub System. This refers to hub.exe, hublog.exe if
included, and all runners. The Hub is licensed at one (1) EXE capacity.
- B. WebHub Components.
This refers to the .dcu or .obj, .res and other files which define the
components. Pascal source code, if shipped, is included.
- C. WebHub Sample applications. This refers to the set of
demo applications. "Documentation" means the User Manual plus any help
provided as .html or .hlp documents or otherwise;
- "Site" means the USER's premises with the relevant
- "Server" means one computer including its
physically associated storage media and CPU.
- "Written Notice" means notice actually physically
delivered, or notice transmitted electronically, but only if that
notice is in fact received by the addressee.
- "Intended audience" means the users of a
web-application developed with the PROGRAM, and can
include people accessing the site from the public Internet as
well as those accessing the application over a corporate or
other internal network.
- "Home office" means the USER's second
development platform, which may or may not be at his or her
residence. The HOME OFFICE may be used for development,
testing or deployment of a site.
- GRANT OF LICENSES
The following and nothing more is licensed:
- USER licenses the WebHub System for deployment
on 1 server at the SITE and 1 server at the HOME OFFICE.
- USER licenses the TPack and WebHub
Components, Sample Applications and Documentation for use
by 1 developer.
- The grant of rights in this Agreement are
nonexclusive, nontransferable, and limited as set forth below.
The term of the licenses granted herein is co-terminus with
the term of this Agreement.
- OBLIGATIONS OF USER
- USER may not remove or alter any of HREF's
copyright or trademark notices from any part of
- USER may not sublicense, assign, rent, lease all or
part of the Program, or otherwise dispose of any part of the
DEVELOPMENT MATERIAL without the written consent of
- USER may not use the DEVELOPMENT MATERIAL
with the intent to violate any of HREF's user licensing
- USER may not modify, translate, reverse engineer,
decompile or disassemble the Program (except to the extent
applicable laws specifically prohibit such restriction), or
create derivative works based on the DEVELOPMENT
- USER may not make copies of any of the
DEVELOPMENT MATERIAL beyond what is necessary, and
actually used, for backup purposes.
- USER may not permit any person to use
DEVELOPMENT MATERIAL except under the terms expressly
listed in this Agreement;
- TRADE SECRETS AND CONFIDENTIALITY
- USER will take all reasonable precautions to
prevent unauthorized distribution of the DEVELOPMENT
MATERIAL. USER warrants and represents that: (A) No
DEVELOPMENT MATERIAL will be posted in any public
download (e.g. /pub) or public web page document (e.g.
website/wwwroot/) directories. While the WebHub System
files must be "world-readable" such that they may be
executed, they may not be made downloadable. The WebHub
Components and Documentation may not be posted in any
location which is accessible outside the Site; (B) USER will
not allow the transmissions of any of the DEVELOPMENT
MATERIAL not authorized by this Agreement; (C) USER will
keep any and all DEVELOPMENT MATERIAL passwords
- In the course of working with the DEVELOPMENT
MATERIAL and talking to HREF technical support, USER may
learn HREF trade secrets. Trade Secrets include but are not
limited to: product shipment plans, product feature plans,
competitive analysis and strategy, patent and trademark
plans, implementation details relating to the WebHub System
and Components, strategic alliance plans and source code.
USER hereby agrees to keep such trade secrets completely
- Upon specific request addressed to HREF regarding
a specific and identified document or communication, HREF
will keep the identified USER materials confidential. Unless
USER requests otherwise, HREF reserves the right to publish
USER's questions and data secured from USER.
- UPGRADES and MODIFICATIONS
- In its sole discretion, HREF may provide upgrades
to the PROGRAM during the term of this Agreement. HREF
may decide, in its sole discretion, to deliver upgrades
electronically as long as this Agreement is in effect. There
may be a small fee for upgrades delivered non-electronically.
- In its sole discretion, HREF may make any
modification to the PROGRAM whatsoever without limitation.
However HREF shall not be obligated to make any
modification, for any reason.
- While USER is transitioning from one version of the
PROGRAM to an upgrade, HREF grants permission for USER
to use both versions for up to three (3) months.
- USER recognizes that the DEVELOPMENT
MATERIAL may have defects or deficiencies that may or may
not be known by HREF, and may or may not be corrected by
HREF. The DEVELOPMENT MATERIAL is provided "AS-IS."
- USER might lose data, including data that User
does not intend to be manipulated by PROGRAM. The
PROGRAMcould inhibit the functionality of other programs.
HREF does not expect, or want, that to happen, but it is
- HREF DISCLAIMS ALL WARRANTIES, EXPRESS
AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT.
IN NO EVENT SHALL HREF BE LIABLE FOR ANY LOSS OR
DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO
INCIDENTAL, INDIRECT, CONSEQUENTIAL OR SPECIAL
DAMAGES, ARISING OUT OF THIS AGREEMENT OF THE
DELIVERY, USE, SUPPORT OR OPERATION OF THE
AMONG OTHER THINGS HREF WILL NOT BE LIABLE FOR
ANY LOSS OR DAMAGE INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT
WILL HREF BE LIABLE FOR ANY DAMAGES IN EXCESS OF
HREF's LIST PRICE FOR A LICENSE TO THE PROGRAM EVEN
IF HREF SHALL HAVE BEEN INFORMED OF THE POSSIBILITY
OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO
LIABILITY FOR DEATH OR PERSONAL INJURY TO THE
EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
FURTHERMORE, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
- TERM AND TERMINATION
- The Term of this Agreement shall be from the Date
of Purchase by the USER for twelve (12) months, unless
terminated earlier as provided herein.
- USER may terminate this Agreement at any time
and without cause upon one day prior written notice.
- HREF may terminate this Agreement at any time
without cause with thirty days prior written notice.
- HREF will refund the licensing fee of the Program if
this Agreement is terminated under section 8.02 or 8.03, if
within the first ninety (90) days of the Agreement.
- HREF may terminate this Agreement for cause at
any time without notice. Cause includes USER's breach of
any term of this Agreement. HREF shall make no refund of
any money if HREF terminates this Agreement for cause.
- On termination for any reason, USER shall
immediately either (i) return to HREF all the DEVELOPMENT
MATERIAL, or (ii) destroy all the DEVELOPMENT MATERIAL,
and provide a written notice to that effect to HREF.
- This Agreement constitutes the entire Agreement
between USER and HREF. It is governed by the laws of the
State of California.
- USER submits to the personal jurisdiction of the
courts of the State of California in connection with any dispute
arising under or in connection with this Agreement. The
parties agree that a material portion of the duties and
obligations contemplated by the agreement shall take place in
California, and specifically in the county of Sonoma.
- This Agreement supersedes all prior agreements
and understandings and sets forth the entire agreement
between the parties regarding the subject matter. All
modification to this Agreement must be in writing and signed
by both parties.
- COPYRIGHT AND TRADEMARK NOTICES
- "TPack" and "WebHub" are registered trademarks of
HREF Tools Corp. and may only be used to denote products
produced by HREF Tools Corp.
- All DEVELOPMENT MATERIAL and all related rights
in patents, copyrights and trade secrets are protected by the
copyright laws of the United States and international copyright
treaties and shall at all times, and throughout the world,
remain the property of HREF exclusively. HREF reserves the
exclusive copyright and all other rights, title and interest to
distribute the DEVELOPMENT MATERIAL.
Copyright (c) 1995-1997 HREF Tools Corp. All Rights Reserved.|
Santa Rosa, California USA.
Generated: Thu 06 Aug 1998 19:02:51 GMT