SDK SOFTWARE END-USER LICENSE AGREEMENT (EULA)

Version: 1.0
Applies to products and updates released on or after: 13 January 2003

IMPORTANT - PLEASE READ CAREFULLY: The following End-User License Agreement ("EULA") is a legal agreement between you and SDK Software and/or its agents and distributors (including Glencove Computing Ltd) and successors for one software product. Such software product includes executable software or DLLs and ActiveX Components and may include associated media, printed materials, and "online" or electronic documentation (the "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 the agreement, do not install or use the SOFTWARE PRODUCT.

This License Agreement covers the current version of the SOFTWARE PRODUCT. SDK Software reserve the right to modify the terms of this EULA at any moment, and without prior notification, in future releases of the SOFTWARE PRODUCT.

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. You may use and distribute the SOFTWARE PRODUCT according to the following terms. If you do not agree with these terms, please remove the SOFTWARE PRODUCT from your system. By using, distributing or incorporating the SOFTWARE PRODUCT in your work, you indicate your full agreement to these license terms.

1. GRANT OF LICENCE. This EULA grants you the following rights:

   Applications Software. You may install and use one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, on a single computer.

   Libraries and ActiveX Controls. If the SOFTWARE PRODUCT is a library or ActiveX control you may, subject to licence, link to or use the library from your within application and distribute with your completed application the runtime files needed to use the library from your application. These files are likely to be mostly of the types .DLL and .OCX.

   • Under no circumstances may you distribute any licence file supplied with the SOFTWARE PRODUCT or any licence key or registration code. By purchasing a licence or receiving a free licence to develop with the SOFTWARE PRODUCT you receive the right to use the control or library as a component of your application but you do NOT receive the right to allow your end users to access the control in design-time.

   • Under no circumstances are you allowed to use the SOFTWARE PRODUCT to build another library or ActiveX control. The SOFTWARE PRODUCT is licenced to you for use in your applications, you do not receive the right to repackage the control or library as your own work whether or not you make substantial changes. This restriction may be lifted with the written permission of SDK Software, subject to a seperate licencing agreement or commercial arrangement. The restriction does not apply to educational or hobbyist use provided the resulting library or control is not passed to any third party.

   • If the library or control is a free or shareware-restricted version (and has such it has been licenced to you free of charge), you are contractually required to acknowledge the author and publisher in your application's About Box (if there is one) and in your application's documentation (if it has any). The form of this acknowledgement can be found in the documentation of the SDK SOFTWARE PRODUCT. If your application has neither documentation or an About Box you must add one or the other, or both.

   • You must not change the names of any files belonging to the SOFTWARE PRODUCT which you distribute with your application.

   Storage/Network Use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your computer over an internal network. However, you must acquire and dedicate a licence for each separate computer on which the SOFTWARE PRODUCT is installed or run from the storage device. A licence for the software product may not be shared or used concurrently on different computers. This limitation is specifically excluded for home and hobbyist users only, who may choose to purchase one licence per person OR one licence per computer on which ths software is installed or run.

   Free and Restricted-Shareware Versions. If the SOFTWARE PRODUCT is released in a "free" or "restricted shareware" version, use and installation of that version of the SOFTWARE PRODUCT is nonetheless subject to the terms of this EULA, but there is no fee, and no registration is required.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

   • Limitations on Reverse Engineering, Decompilation and Disassembly. 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.

   • Separation of Components. The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

   • Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT to a third party.

   • Support Services. SDK Software may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the SDK Software policies and programs outlined in the user manual, in "on-line" documentation, and/or in other SDK Software-provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to technical information that you provide to SDK Software as part of the Support Services, SDK Software may use such information for its business purposes, including for product updates and development. SDK Software will use its best efforts to not utilise such technical information in a form that personally identifies you.

   • Software Transfer. You may not transfer your rights under this EULA, meaning you may not sell or give away your licence to the SOFTWARE PRODUCT.

   • Termination. Without prejudice to any of SDK Software’s other rights, SDK 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 of the SOFTWARE PRODUCT and all of its component parts.

3. UPGRADES.

   If the SOFTWARE PRODUCT is labelled as a "free upgrade", you must be properly licensed to use a product identified by SDK Software as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labelled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of the EULA in force at the time of release or installation of the upgrade. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4. COPYRIGHT AND TRADEMARKS.

   All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by SDK Software or its suppliers and contributors, as stated in the product documentation and/or About box. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT.

   You may not remove, modify or alter any SDK Software copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical and/or electronic media or documentation, in any Setup Wizard or "About" boxes, in any of the run-time resources or output produced by the SOFTWARE PRODUCT.

5. MISCELLANEOUS.

   This EULA is governed by the laws of England and is subject to the jurisdiction of the courts of England and Wales or, at SDK Software's option, the courts of the country in which you reside or carry out business. If the SOFTWARE PRODUCT was acquired and is used exclusively outside of the United Kingdom, then local law and jurisdiction may also apply. Should you have any questions concerning this EULA, or if you desire to contact us for any reason, please write to SDK Software, c/o Glencove Computing Limited, PO Box 599, CHELTENHAM, GL51 9YD, United Kingdom or e-mail help@sdk-software.com.

6. LIMITED WARRANTIES, REMEDIES AND LIABILITIES.

   • Limitation of Liability. To the maximum extent permitted by applicable law, any conditions or warranties imposed or implied by law are hereby excluded. The software is supplied 'as is' with no guarantee whatsoever either explicit or implied of its fitness for any given purpose. No liability is accepted for any loss or damage caused to property or persons arising from the use or misuse of the software, including but not limited to loss of computer data, computer software or computer hardware, profit and or business revenue. Moreover the user agrees to indemnify SDK Software, its suppliers and agents against any action taken against them as a result of the users use or misuse of the software. In so far as such liability may not be excluded, then, to the maximum extent permitted by law, such liability is limited, at SDK Software’s exclusive option, to either (a) replacement of the SOFTWARE PRODUCT, or (b) correction of the defects in the SOFTWARE PRODUCT, or (c) the cost of having the defects in the SOFTWARE PRODUCT repaired, or (d) refund of the monies paid for the licence of the SOFTWARE PRODUCT.

   • Exclusion of Liability/Damages. The following is without prejudice to any rights you may have at law which cannot be legally excluded or restricted. You acknowledge that no promise, representation, warranty or undertaking has been made or given by SDK Software (or any related company) to any person or company on its behalf in relation to the profitability of or any other consequences or benefits to be obtained from the delivery or use of the SOFTWARE PRODUCT and any accompanying SDK Software-supplied hardware, software, manuals or written or electronic materials. You have relied upon your own skill and judgement in deciding to acquire the SOFTWARE PRODUCT and any accompanying hardware, software, manuals and written or electronic materials for use by you. Except as and to the extent provided in this agreement, neither SDK Software nor any related company will in any circumstances be liable for any other damages whatsoever (including, without limitation, damages for the loss of business, business interruption, loss of business information or other indirect or consequential loss) arising out of the use, or inability to use, or supply, or non-supply, of the SOFTWARE PRODUCT and any other accompanying hardware, software and written or electronic materials). SDK Software’s total liability under any provision of this agreement is in any case limited to the amount actually paid by you for the SOFTWARE PRODUCT and/or hardware.

7. DISTRIBUTION.

   The SDK Software website (http://www.sdk-software.com/) is the legal distributor of the SOFTWARE PRODUCT. No components or portion of any software package (exe, ocx, dll, help file or zip) may be posted or distributed via any web site, online service or BBS, or included on any CD or with any other software media, without explicit written permission from SDK Software, other than in accordance with this licence. However, SDK Software gives its express permission for free and restricted shareware versions of our software to be included on magazine cover-mounted media, free download web sites, compilation CDs and DVDs, and similar channels provided this licence is complied with; provided any fee charged is for the media and not for the SOFTWARE PRODUCT and this is clearly stated; and provided all files are included, including documentation. Under no circumstances may a licenced or full product which requires payment of a fee to SDK Software or its agents be distributed without our written permission.