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P6R Software Library License Agreement v2.1
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE
DOWNLOADING OR USING THE SOFTWARE.
BY DOWNLOADING, INSTALLING, COPYING, CLICKING ON THE "I ACCEPT
THE AGREEMENT" BUTTON DURING INSTALLATION, OR OTHERWISE USING
THE SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, CLICK
THE "I DO NOT ACCEPT THE AGREEMENT" BUTTON AND THE INSTALLATION
PROCESS WILL NOT CONTINUE. DESTROY ALL COPIES OF THE SOFTWARE
(INCLUDING THE ORIGINAL) PROVIDED TO THE LICENSEE AND CONTACT P6R
INC, FOR A FULL REFUND, OR DO NOT DOWNLOAD THE PRODUCT.
1. Definitions
a) "Software" is defined as all materials in the
product distribution, including, but not limited to:
documentation, source code, header files, dynamic-link libraries,
shared libraries, static libraries, object code, executables,
makefiles, scripts, example source code, and license files.
b) "Redistributable Software" are files listed in the redist.txt
file included with the Software. The files listed in
redist.txt comprise the binary runtime components and support files
necessary to deploy applications built with the Software into
an end user environment.
c) "Licensee" shall refer to the individual licensee, either
individual programmer or company or other organization.
d) "Documentation" is any explanatory written material included
with the Software or available on P6R Inc's website in relation
to the Software.
2. General
The Software is owned by P6R, Inc. and is protected under US
copyright laws and international treaties. The Software is
licensed not sold, and P6R, Inc. reserves all rights not
expressly granted to the Licensee in this Agreement. Ownership
of intellectual property rights in the Software shall at all
times remain with P6R, Inc.
3. License.
a) Software License.
Subject to payment of the fee required for the license and the
terms and conditions set forth in this Agreement, P6R, Inc. hereby
grants to Licensee a perpetual, non-exclusive, non-transferable,
limited worldwide license (a) to use the Software in a single
product and, (b) to use the Documentation (on and off-line).
c) Redistribution
Licensee's are also granted the right to reproduce and redistribute
the Redistributable Software only as part of Licensee's product
on a royalty-free basis to any number of end users as well as
Licensee's authorized distributers, worldwide, subject to the
restrictions set forth in section (4) "License Restrictions" below.
d) Example Code License
In addition, P6R, Inc. hereby grants to Licensee a perpetual,
non-exclusive, non-transferable, limited worldwide license
to use, modify, and redistribute the example code only when
incorporated into the Licensee's product(s) in binary form.
e) Trial License
Copies of the Software downloaded or otherwise obtained for
evaluation are subject to the following conditions: The
Licensee may install one copy of the Software for the purpose
of evaluation for a period of thirty (30) days from the
initial download date. Upon expiration of the evaluation
time, the Software must be erased from the computer. Under
no circumstances may the trial software be used for
commercial/production purposes. The Software may include
mechanisms to enforce the license terms and stop functioning
when the 30 day evaluation period has been completed.
4. License Restrictions
a) Licensee may not reverse engineer, decompile, or disassemble,
any binary form of any portion of the Software.
b) Licensee can not transfer, rent, lease, or sublicense the
Software, or any portions thereof.
c) Licensee can not change or remove the copyright notice from
any of the files included in the Software.
d) Licensee may only distribute the Redistributable Software as
part of a software application or development library produced
by the Licensee that adds significant primary functionality to
the Redistributable Software. LICENSEE MAY NOT, UNDER ANY
CIRCUMSTANCES, DISTRIBUTE THE SOFTWARE AS PART OF A PRODUCT
WHICH CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME,
FUNCTIONALITY AS THE SOFTWARE.
e) Licensee may not distribute the Redistributable Software in
any software development product or toolkit meant for use by other
developers other than the Licensee(s) that contains the same, or
substantially the same, functionality as the Software.
f) Applications created by the Licensee that include the
Redistributable Software must be distributed with terms no less
protective of the Software and Redistributable Software than
those contained herein.
5. DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES
THE SOFTWARE IS LICENSED "AS IS", WITH ALL FAULTS. THERE ARE NO
WARRANTIES, EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY
AND PERFORMANCE OF THE SOFTWARE IS WITH THE LICENSEE. SHOULD THE
SOFTWARE PROVE DEFECTIVE, THE LICENSEE AND NOT P6R, INC. ASSUMES
THE ENTIRE COST OF ALL NECESSARY REVISION, MODIFICATION OR OTHER
CORRECTIVE MEASURES. IN PARTICULAR AND WITHOUT LIMITATION, THE
SOFTWARE IS LICENSED WITH NO IMPLIED WARRANTY OF MERCHANTABILITY,
NO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NO
IMPLIED WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY
RIGHTS, NO IMPLIED WARRANTY BASED UPON COURSE OF PRIOR DEALING,
AND NO IMPLIED WARRANTY BASED UPON USAGE OF TRADE. FURTHER,
P6R, INC. DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE
WILL BE UNINTERRUPTED OR ERROR-FREE, AND THE LICENSEE
ACKNOWLEDGES THAT IT IS NOT TECHNOLOGICALLY PRACTICABLE FOR
P6R, INC. TO DO SO.
6. LIMITATION OF DAMAGES AND REMEDIES
IF A LICENSEE IS FOR ANY REASON DISSATISFIED WITH THE SOFTWARE,
THAT LICENSEE MAY GIVE NOTICE TO P6R, INC. WITHIN 30 DAYS OF
LICENSURE AND OBTAIN A FULL REFUND OF THE LICENSE FEE ACTUALLY
PAID TO AND RECEIVED BY P6R, INC. THIS RIGHT TO GIVE NOTICE
EXPIRES 30 DAYS FROM LICENSURE, REGARDLESS WHETHER THE 30TH
DAY FALLS ON A SATURDAY, SUNDAY OR HOLIDAY. IMMEDIATELY UPON
GIVING SUCH NOTICE, LICENSEE SHALL DESTROY OR RETURN TO
P6R, INC. ALL COPIES OF THE SOFTWARE, EXCEPT INSOFAR AS
PORTIONS OF THE SOFTWARE HAVE ALREADY BEEN LAWFULLY
INCORPORATED IN LICENSEE'S OWN WORK PRODUCT WHICH HAS BEEN
SOLD AND DELIVERED TO THIRD PARTIES. EXCEPT AS EXPRESSLY
PROVIDED IN THIS PARAGRAPH, P6R, INC. SHALL NOT BE LIABLE FOR
ANY CLAIM, ASSERTED BY THE LICENSEE OR BY THIRD PARTIES,
ARISING UNDER BREACH OF WARRANTY OR ANY OTHER LEGAL OR
EQUITABLE THEORY, WHETHER FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS
OF BUSINESS INFORMATION, PERSONAL INJURY, OR OTHERWISE, ARISING
OUT OF THE LICENSE, THE USE OF THE SOFTWARE, OR THE INABILITY TO
USE THE SOFTWARE, EVEN IF P6R, INC. HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH CLAIM OR DAMAGES. LICENSEE'S AND THIRD
PARTIES' EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS ARISING IN
CONNECTION WITH THE LICENSE OR THE SOFTWARE SHALL BE RECOVERY OF
THE LICENSE FEE ACTUALLY PAID TO AND RECEIVED BY P6R, INC. THIS
LICENSE PROVIDES SPECIFIC LEGAL RIGHTS, AND THE LICENSEE MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
7. UNAUTHORIZED USE
THE SOFTWARE IS NOT DESIGNED, AUTHORIZED OR INTENDED FOR USE IN
ANY TYPE OF SYSTEM OR APPLICATION IN WHICH THE FAILURE OF THE
SOFTWARE COULD CAUSE PERSONAL INJURY OR DEATH (EG. ANY
TYPE OF MEDICAL SYSTEMS, IN THE DESIGN, CONSTRUCTION, OPERATION
OR MAINTENANCE OF ANY NUCLEAR FACILITY OR WEAPONS SYSTEMS, IN
THE CONTROL OF AIRCRAFT, AIRCRAFT COMMUNICATION, AIR-TRAFFIC,
AND AIRCRAFT NAVIGATION). THE LICENCEE REPRESENTS AND WARRANTS
THAT IT WILL NOT USE OR REDISTRIBUTE THE SOFTWARE FOR SUCH
PURPOSES.
8. Export Controls
It is the Licensee's responsibility to comply with all United
States Department of Commerce regulations and with the United
States Export Administration Act to insure that the Software is
not exported in violation of United States law.
9. Termination
P6R, Inc. may terminate this agreement at any time if the Licensee
is in breach of any of its terms and conditions. Upon termination
the Licensee will immediately return to P6R, Inc. or destroy all
copies of the Software, except insofar as portions of the Software
have already been lawfully incorporated in licensee's own work
product which has been sold and delivered to third parties. The
provisions of sections 1, 2, 4, 5, 6, 7, 8, and 9 will survive any
termination of this License Agreement.
10. Miscellaneous
a) Governing Laws.
This Agreement shall be governed by the laws of the United States
of America and of the State of California without regard to
California's conflicts of law rules.
b) Assignability.
Except as otherwise provided in this Agreement,
Licensee may not sell, assign or delegate any rights or
obligations under this Agreement.
c) Headings.
Headings are used in this Agreement for reference and convenience
only and shall not be considered when interpreting this Agreement.
g) Severability.
If any provision of this Agreement is found to
be illegal or unenforceable, the other provisions shall remain
effective and enforceable to the greatest extent permitted by law.
h) Interpretation
Each term of this Agreement shall be interpreted in accordance with
its fair and natural meaning, without regard to any rule of strict
construction against the party who drafted it.
i) Entire Agreement
This Software License Agreement sets forth the entire agreement
between the parties with regard to the subject matter hereof. All
agreements, covenants, representations and warranties of the parties,
express and implied, oral and written, with regard to the subject
matter hereof are contained herein. No other agreement, covenants,
representations or warranties, express or implied, oral or written,
have been made by any party to another with regard to the subject
matter hereof. All prior and contemporaneous conversations,
negotiations, possible and alleged agreements and representations,
covenants and warranties with respect to the subject matter hereof
are hereby waived, merged herein and superseded by this Software
License Agreement. This is an integrated Software License Agreement.
© 2004-2024 P6R Inc. - All Rights Reserved