Profense SDK 1.00

EULA - End User License Agreement

PROFENSE SOFTWARE DEVELOPMENT KIT
END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a
legal agreement between you (either an individual or a single entity) and FXSEC LTD Software
Team. For the software product identified above, which includes computer software and may include
associated media, printed materials and «online» or electronic documentation («SOFTWARE
PRODUCT»). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use
the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is
licensed, not sold.
1. GRANT OF LICENSE.
This EULA grants you the following limited, non-exclusive rights:
Software Product. You may install and use one (1) copy of the SOFTWARE PRODUCT to design,
develop, and test your software application ("Application"), and then you may deploy to 1 machine
(computer). This constitutes one (1) license.
SAMPLE CODE. You may modify any sample source code located in the SOFTWARE
PRODUCT's "samples" directories ("Sample Code") if provided, to design, develop, and test your
Application. You may also reproduce and distribute the Sample Code in object code form only along
with any modifications you make to the Sample Code, provided that you comply with the
Deployment Requirements described below. For purposes of this section, "modifications" shall mean
enhancements to the functionality of the Sample Code.
DEPLOYABLE CODE.
You may deploy SDK files ("Deployable Code") to one machine (computer). You may not otherwise
copy or redistribute this code. This SOFTWARE PRODUCT is not royalty free.
DEPLOYMENT REQUIREMENTS.
You may deploy any Sample Code and/or Deployable Code to one machine (collectively
"DEPLOYABLE COMPONENTS") as described above, provided that
(a) you deploy the DEPLOYABLE COMPONENTS only in conjunction with, and as a part of,
your Application;
(b) your Application adds significant and primary functionality to the DEPLOYABLE
COMPONENTS;
(c) you do not permit redistribution of the DEPLOYABLE COMPONENTS;
(d) any deployment of Deployable Code is only in conjunction with your Application and
includes each and every file contained therein deployed as a single set. The SDK files may
not be individually reproduced or distributed.;
(e) you include a valid copyright notice on your Application; and
(f) you agree to indemnify, hold harmless, and defend FXSEC LTD and it's distributors from
and against any claims or lawsuits, including attorneys' fees, that arise or result from the use
or deployment of your Application
(g) you do not use the same application names, filenames, or binary compilations as those
that are deployed with the SOFTWARE PRODUCT
(h) any Sample Code or Deployable Code, whether enhanced and/or modified, may only be
deployed in compiled form. FXSEC LTD reserves all rights not expressly granted to you.
2. COPYRIGHT.
All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited
to, any names, images, photographs, animations, video, audio, music, text, and "applets"
incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are
owned by FXSEC LTD. The SOFTWARE PRODUCT is protected by copyright laws and international
treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted
material, except that you may either
(a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or
(b) install the SOFTWARE PRODUCT on a single computer, provided you keep the original
solely for backup or archival purposes. You may not copy printed materials (if any)
accompanying the SOFTWARE PRODUCT.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
LIMITATIONS ON REVERSE-ENGINEERING, DECOMPILATION,
AND DISSASSEMBLY. You may not reverse- engineer, decompile, or disassemble the
SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by
applicable law notwithstanding this limitation.
RENTAL. You may not rent, lease or lend the SOFTWARE PRODUCT.
SOFTWARE TRANSFER. You may permanently transfer all of your rights under this EULA,
provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component
parts, the media and printed materials, any upgrades, this EULA, and the recipient agrees to the
terms of this EULA. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior
versions of the SOFTWARE PRODUCT.
RUN-TIME DEPLOYMENT. You may deploy the run-time modules of the Software to one
(1) computer provided that:
(a) you deploy the run-time modules only in conjunction with and as a part of your
software product;
(b) you include valid copyright notices on your software product;
(c) you agree to indemnify, hold harmless, and defend FXSEC LTD and its suppliers and
distributors from and against any claims or lawsuits, including attorneys' fees, that arise or
result from the use or deployment of your software product; and
(d) you do not embed the run-time modules in a toolkit which allows users to build
and use or distribute applications containing the run-time modules;
(e) your Application adds significant and primary functionality to the DEPLOYABLE
COMPONENTS. The "run-time modules" refers to the PFSDK.SYS, PFSDK.DLL, PFAPI.DLL and
any of librarian component files that are required for execution of your software program.
The run-time modules are limited to run-time files and install files.
TERMINATION. Without prejudice to any other rights, FXSEC LTD 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 of the SOFTWARE PRODUCT and all of its component parts.
4. EXPORT RESTRICTIONS.
You agree that neither you nor your customers intend to or will, directly
or indirectly, export or transmit
(a) the SOFTWARE PRODUCT or related documentation and technical data,
or
(b) your Application as described in Section 1 of this EULA (or any part thereof), or process,
or service that is the direct product of the SOFTWARE PRODUCT to any country to which
such export or transmission is restricted by any applicable government regulation or statute,
without the prior written consent, if required, by such governmental entity as may have
jurisdiction over such export or transmission.
MISCELLANEOUS. If any provision of this Agreement is found to be unlawful, void or
unenforceable, then that provision shall be severed from this Agreement and will not affect the
validity and enforceability of any of the remaining provisions.
NO WARRANTIES. To the maximum extent permitted by applicable law, FXSEC LTD
expressly
disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT 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 SOFTWARE PRODUCT remains with
you.
LIMITATION OF LIABILITY. FXSEC LTD's entire liability and your exclusive remedy
under this EULA shall not exceed five dollars ($5.00 USD).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent
permitted by applicable law, in no event shall FXSEC LTD or its suppliers or distributors 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 product, even if FXSEC LTD has been advised of the possibility of such
damages. Because some states/provinces/jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation may not apply to you.
RIGHT OF PUBLICITY. You agree that FXSEC LTD is hereby granted the right to promote
SOFTWARE PRODUCT and your use of it in it's online portfolio, it web site, its press kits, its press
releases, and any other promotional materials.
Profense SDK is a trade name of FXSEC LTD.
(C) 2006-2009 FXSEC LTD. All rights reserved.