License for TPack
This Agreement is made by and between HREF Tools Corp., a Delaware corporation, with a mailing address of: 1275 Fourth Street Suite 109, Santa Rosa CA 95404 USA, ("HREF") and software Developer ("USER")
1. GRANT OF LICENSES :
The following and nothing more is licensed:
1.01. USER licenses the tPack_ including VCL source for all units distributed ("DEVELOPMENT MATERIAL") for use by USER.
1.02. The grant of rights in this Agreement are nonexclusive, nontransferable and limited as set forth below. The term of the licenses granted herein is coterminous with the term of this Agreement.
2. OBLIGATIONS OF USER
2.01. USER may not remove: or alter any copyright or trademark notices from any part of the DEVELOPMENT MATERIAL,
2.02. USER may not sublicense' assign, rent, lease all or part of the DEVELOPMENT MATERIAL, or otherwise dispose of any part of the DEVELOPMENT MATERIAL without the written consent of HREF;
2.03. USER may not use: the DEVELOPMENT MATERIAL with the intent to violate any of HREF's user licensing schemes;
2.04. USER may not create works based on the DEVELOPMENT MATERIAL that compete with tPack;
2.05. USER may not make copies of any of the DEVELOPMENT MATERIAL beyond what is necessary, and actually used, for backup purposes
3. TRADE SECRETS AND CONFIDENTIALITY
3.01. USER will take all reasonable precautions to prevent unauthorized access to or distribution of the DEVELOPMENT MATERIAL. USER warrants and represents that:
3.02. 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, and strategic alliance plans. USER hereby agrees to keep such trade secrets completely confidential.
4. DISCLAIMERS
4.01. USER might lose data, including data that User does not intend to be manipulated by the DEVELOPMENT MATERIAL. The DEVELOPMENT MATERIAL could inhibit the functionality of other programs. HREF does not expect, or want, that to happen, but it is possible.
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 INCIDENTS, INDIRECT CONSEQUENTIAL OR SPECIAL DAMAGES, ARISING OUT OF THIS AGREEMENT OF THE DELIVERY, USE, SUPPORT OR OPERATION OF THE SOFTWARE.
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.
5. TERMINATION
5.01. USER may terminate this Agreement at any time and without cause upon one day prior written notice.
5.02. HREF may terminate this Agreement at any time without cause with thirty days prior written notice.
5.03. HREF will refund the licensing fee of the Program if this Agreement is terminated under section 5.01 or 5.02, if within the first thirty (30) days of the Agreement.
5.04. 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.
5.05. On termination for any reason, USER shall immediately either (1) return to HREF all the DEVELOPMENT MATERIAL, or (ii) destroy all the DEVELOPMENT MATERIAL, and provide a written notice to that effect to HREF.
6. MISCELLANEOUS
6.01. This Agreement constitutes the entire Agreement between USER and HREF. It is governed by the laws of the State of California.
6.02 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
6.03. This Agreement supersedes all prior agreements and understandings and sets form the entire agreement between the parties regarding the subject matter. All modification to this Agreement must be in writing and signed by both parties.
7. COPYRIGHT AND TRADEMARK NOTICES
7.01. "TPack" and "WebHub" are registered trademarks of HREF Tools Corp. and may only be used to denote products produced by HREF Tools Corp.
7.02. 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, aloud 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.
ACCEPTANCE
Unlocking the DEVELOPMENT MATERIAL constitutes acceptance by USER of this agreement.
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TPack
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