1. Evaluation license
Licensor grants Licensee the right to use a limited capabilities version of the
Software upon the terms and conditions of this License for an unlimited period for
the purpose of evaluating whether or not the Software meet the Licensee's requirements.
Upon the evaluation:
1.1. The Licensee will, where the Software has met Licensee's requirements, and
where Licensee wishes to enter into a full License, become fully bound by this License
and pay to Licensor the License Fee(s).
1.2. In the event that the Software does not meet the Licensee's requirements, or
where Licensee otherwise does not wish to enter into a full License, Licensee shall
destroy the Software and all copies, in whole or in part, in any form including
partial copies or modifications of the Software received from the Licensor or made
in connection with this License and all documentation relating thereto and Licensee
shall provide Licensor with a certificate (if requested) certifying that the same
has been done and any rights of the Licensee to use the Software shall cease.
2. License grant
This is a license agreement and NOT an agreement for sale. American Process Inc.
continues to own the copy of the SOFTWARE contained on the disk and all other copies
that you are authorized by this LICENSE to make. Your rights to the SOFTWARE are
specified in this LICENSE, and American Process Inc. retains all rights not expressly
granted to you in this LICENSE. American Process Inc. hereby grants to you, and
you accept, a non-exclusive, non-transferable license to use, copy and modify the
SOFTWARE only as authorized below provided that the Licensee has paid the appropriate
License Fees, the Licensor grants to the Licensee, in the country where the Software
was downloaded, for the term of this License a limited, personal, non-exclusive,
non-sub-licensable and non-transferable license.
3. Permitted uses
This LICENSE grants you the following rights:
3.1. The SOFTWARE is licensed per individual developer. You may make copies on more
than one computer, as long as the use of the SOFTWARE is by the same developer.
3.2. Solely with respect to electronic documents included with the SOFTWARE, you
may make a copy for each developer for which the Software has been licensed as described
in section above; provided, that such copies shall be used only by such developer
for internal purposes and are not to be republished or distributed to any other
third party.
C. You may use the evaluation versions of the SOFTWARE for the limited purposes
of demonstrations, trials and design time evaluations.
4. Restricted uses
You may not, without the prior written permission of American Process Inc.:
4.1. Disassemble, decompile or "unlock", decode or otherwise reverse translate or
engineer, or attempt in any manner to reconstruct or discover any source code or
underlying algorithms of SOFTWARE provided in object code form only.
4.2. Use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents
except as permitted in this LICENSE.
4.3. Transfer, rent, lease, or sublicense the SOFTWARE.
5. Copyright
All title and copyrights in and to the SOFTWARE are owned by American Process Inc.
The SOFTWARE is protected by United States copyright laws and international treaty
provisions. All rights are reserved worldwide. You must treat the SOFTWARE like
any other copyrighted material, except that you may, in addition to the copies permitted
in this LICENSE, make one copy of the SOFTWARE solely for backup or archival purposes.
No part of the accompanying printed materials may be reproduced, transmitted, transcribed,
stored in any retrieval system, or translated into any language by any means without
the express prior written permission of American Process Inc.
6. Termination
This LICENSE and your right to use the SOFTWARE will terminate immediately without
notice from American Process Inc. if you fail to comply with the terms and conditions
of this LICENSE. Upon termination, you agree to destroy the SOFTWARE, including
all accompanying documents and copies. This is in addition to and not in lieu of
any criminal, civil or other remedies available to American Process Inc.
7. Limited warranty
A. American Process Inc does not warranty that the SOFTWARE will be error-free.
Except with respect to REDISTRIBUTABLES, which are provided "AS IS," without warranty
of any kind, American Process Inc. warrants that the SOFTWARE will perform substantially
in accordance with the accompanying electronic documentation for a period of thirty
(30) days from the date of receipt.
B. American Process Inc.’ entire liability, in contract tort or otherwise, and your
exclusive remedy under the performance warranty set forth in Section 7.A, shall
be, at American Process Inc.’ option, either (a) return of the purchase price paid,
or (b) repair or replacement of the defective SOFTWARE. This limited warranty is
void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication.
Any replacement SOFTWARE will be warranted for the remainder of the original thirty
(30) day period.
C. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, AMERICAN PROCESS INC. DISCLAIMS
ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE
IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED
TO, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE.
8. Limitation of liabilities
American Process Inc.’ liability, whether in contract, or otherwise, arising out
of Licensee's use of, or in connection with, the SOFTWARE, or otherwise under this
Agreement, shall not exceed the amount of the license fee paid by you to American
Process Inc. IN NO EVENT SHALL AMERICAN PROCESS BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF AMERICAN PROCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.