EASYNTH LOOK AND FEEL DESIGNER END USER LICENSE AGREEMENT
THIS END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND EASYNTH (THE LICENSOR).
THIS EULA GOVERNS YOUR USE OF THE EASYNTH LOOK AND FEEL DESIGNER SOFTWARE TO YOU. "SOFTWARE" MEANS EASYNTH LOOK AND FEEL DESIGNER AND ANY ACCOMPANYING "ONLINE UPDATE" OR ELECTRONIC INFORMATION. BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA AND THAT YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EULA, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE.
1. LICENSE
Subject to the terms and conditions of this EULA, EASYNTH hereby grants to you a non exclusive, non transferable and non assignable license to use the software only as follows:
(a) You can install and use the EaSynth Look And Feel Designer and upgrade the software via online update. The free version lack of some features, once you purchase the license, the full featured version can be obtain via online activation, so far the activation can be performed on Windows, Linux, Unix and Mac OS system, you can get the information on how to activate your software in the software help document.
(b) You will get the serial number of the license you bought, each license will have a unique serial number. One license can be used by one user, on single machine and in one operating system at the same time. In order to shift the software license to another machine or different operating system, or your hardware environment is changed after activating the software, you need to remove the previous installation, and activate the software again on new machine or in new operating system.
(c) You can make one copy of the software in machine-readable form solely for backup purposes, provided that the backup copy is not installed on any computer.
You hereby understand and agree that EASYNTH may update or revise the software in its sole discretion, but has no obligation to furnish any corrective version to you and that EASYNTH shall in no event incur any liability in this respect.
All rights not expressly granted to you in this EULA are reserved by EASYNTH and its suppliers.
2. OWNERSHIP - TRANSFER AND TRADEMARKS RESTRICTIONS
The software is owned and copyrighted by EASYNTH or its third party suppliers. EASYNTH' third party suppliers may protect their rights in the event of any violation of these terms. You hereby acknowledge that all copies of the software, whether partial or complete, as well as all proprietary rights in and to the software, including without limitation, copyright, patent and trade secret rights, are and shall remain the sole property of EASYNTH or its third-party suppliers as the case may be.
This EULA nor any part thereof, nor the software nor any portion thereof, nor any licenses or rights granted hereunder, may be distributed, sold, leased, assigned, sublicensed, given away, loaned or made available to any third party, in whole or in part, by telecommunication data transmissions or otherwise transferred, except if and as expressly specified in this EULA.
You shall have no right to use, advertise, reproduce or distribute any name, trademark or trade name, whether registered, or not associated with or used in conjunction with the software, without EASYNTH's prior written consent.
3. RESTRICTIONS
(a) You shall not use the software for any purposes other than the limited use specified in section 1 above.
(b) You may not rent, lease, or lend the software. You may not market, distribute, transfer copies of the software to others or electronically transfer the software from one computer to another over a network except for software installations permitted under section 1 of this EULA.
(c) You shall not modify, adapt, translate the software or create derivative works based on the software.
(d) You shall not decompile, reverse engineer, disassemble or otherwise reduce the code of the software to a form perceivable to humans, recreate or generate any software or any portion or version thereof except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation, and in such event you shall provide EASYNTH immediate notification of such activities.
(e) You shall not attempt any of the foregoing or aid, abet or permit others to do so;
(f) You shall not provide your license serial number to others.
(g) You hereby acknowledge and agree that EASYNTH may update, upgrade or revise the software and in so doing incurs no obligation to furnish any corrective version to you.
4. PAYMENTS
Licensee shall pay EASYNTH the license fee on the date when licensee submitted the order form. All payments shall be made in U.S. dollars. Licensee shall be responsible for paying all local, state, federal and international sales, value added, excise and other taxes and duties payable in connection with this license, other than taxes based upon licensor's net income. Licensee shall not be permitted to activate the software before receiving the serial number sent by EASYNTH.
5. TERMINATION
EASYNTH may terminate this license immediately if the licensee shall breach any of the provisions of this license and such breach remains uncured 15 days after receipt of notice. In the event that licensee becomes liquidated, dissolved, bankrupt or insolvent, whether voluntarily or involuntarily, or shall take any action to be so declared, EASYNTH shall have the right to terminate this license immediately. Upon expiration, cancellation or other termination of this license, licensee shall immediately:
(a) Discontinue distribution of products that include the software;
(b) Destroy all copies of the software, including (without limitation) as linked or compiled in any product.
6. SUPPORT AND MAINTENANCE
In connection with the license granted hereunder, EASYNTH will provide licensee with the following at no additional charge:
(a) Free upgrades to all minor revisions of the software
(b) Bug fixes for errors that render the software inoperative, those cause failure in a production environment.
In addition, licensee can also purchase the software annual support service provided by EASYNTH. EASYNTH shall provide e-mail support to licensee with regard to the software and licensee shall pay EASYNTH a support fee as specified in the order form for each year of support. Such e-mail support shall entitle licensee to receive a satisfactory response from EASYNTH within 5 days of licensee's request for assistance.
Upgrades to software major releases are not part of this agreement. In case of licensee requires a major upgrade, a license agreement renewal is necessary.
7. LIMITED WARRANTY
EASYNTH warrants that the software will perform substantially in accordance with its user guide.
EASYNTH does not warrant that the operation of the software will meet your requirements or operate free from error. EASYNTH assumes no responsibility for your negligence or failure to take appropriate measures to protect data from inadvertent modification, deletion, destruction or disclosure.
EASYNTH does not warrant that the software will be resistant to all possible attacks and shall not incur, and isclaim, any liability in this respect. Security mechanisms' resistance necessarily evolves according to the state of the art in security and notably under the emergence of new attacks. To the maximum extent permissible by law, EASYNTH shall not be held liable for any third party actions and in particular in case of any successful attack against the software and systems or equipment incorporating the software.
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, AND EXCEPT AS EXPRESSLY PROVIDED FOR THEREIN, EASYNTH, ITS SUPPLIERS AND DISTRIBUTORS PROVIDE THE software AND (IF ANY) SUPPORT SERVICES RELATED TO THE software WITHOUT ANY EXPRESS WARRANTY, AND THE software AND SUPPORT SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW EASYNTH ISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EASYNTH, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
8. LIMITED LIABILITY
TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, EASYNTH SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST BUSINESS PROFITS, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF INFORMATION, BUSINESS INTERRUPTION, LOSS OF PRIVACY, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE THE software EVEN IF EASYNTH OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. PUBLICITY RIGHTS
(a) The licensee grants EASYNTH the right to include the licensee as a customer in product promotional material.
(b) Licensee can deny EASYNTH this right by submitting a written request via email to webmaster@easynth.com, requesting to be excluded from product promotional material. Confirmation of such denial (via reply email) must be received before product purchasing.
(c) If the licensee already be included in product promotional material, as a result of any prior purchases where the licensee did not request exclusion from product promotional material, the licensee can submit a written request via email to webmaster@easynth.com at any time, to have EASYNTH remove the licensee's name from product promotional material. Upon receipt of such request, EASYNTH will remove any reference to the licensee from such promotional material within 10 days and make no further reference to the licensee.
10. JRE
Java SE Runtime (JRE) is confidential copyrighted information of Sun Microsystems and title to all copies is retained by Sun Microsystems and/or its licensors. You shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer JDK. JDK may not be leased or assigned in whole or in part. JDK is not designed or intended for use in on-line control aircraft, air traffic, aircraft navigation or aircraft communications ; or in the design, construction, operation or maintenance of any nuclear facility. You warrant that you will not use or redistribute the JDK for such purposes. Java and all Java-based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the United States and other countries.
11. ANT
This software uses ANT. The ANT license is:
/*
* ============================================================================
* The Apache Software License, Version 1.1
* ============================================================================
*
* Copyright (C) 1999 The Apache Software Foundation. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without modifica-
* tion, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright notice,
* this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright notice,
* this list of conditions and the following disclaimer in the documentation
* and/or other materials provided with the distribution.
*
* 3. The end-user documentation included with the redistribution, if any, must
* include the following acknowledgment: "This product includes software
* developed by the Apache Software Foundation (http://www.apache.org/)."
* Alternately, this acknowledgment may appear in the software itself, if
* and wherever such third-party acknowledgments normally appear.
*
* 4. The names "log4j" and "Apache Software Foundation" must not be used to
* endorse or promote products derived from this software without prior
* written permission. For written permission, please contact
* apache@apache.org.
*
* 5. Products derived from this software may not be called "Apache", nor may
* "Apache" appear in their name, without prior written permission of the
* Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
* INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
* FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
* APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
* INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLU-
* DING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
* OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
* ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
* THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
*
* This software consists of voluntary contributions made by many individuals
* on behalf of the Apache Software Foundation. For more information on the
* Apache Software Foundation, please see .
*
*/
12. LOG4J
This software uses LOG4J. The LOG4J license is:
/*
* ============================================================================
* The Apache Software License, Version 1.1
* ============================================================================
*
* Copyright (C) 1999 The Apache Software Foundation. All rights reserved.
*
* Redistribution and use in source and binary forms, with or without modifica-
* tion, are permitted provided that the following conditions are met:
*
* 1. Redistributions of source code must retain the above copyright notice,
* this list of conditions and the following disclaimer.
*
* 2. Redistributions in binary form must reproduce the above copyright notice,
* this list of conditions and the following disclaimer in the documentation
* and/or other materials provided with the distribution.
*
* 3. The end-user documentation included with the redistribution, if any, must
* include the following acknowledgment: "This product includes software
* developed by the Apache Software Foundation (http://www.apache.org/)."
* Alternately, this acknowledgment may appear in the software itself, if
* and wherever such third-party acknowledgments normally appear.
*
* 4. The names "log4j" and "Apache Software Foundation" must not be used to
* endorse or promote products derived from this software without prior
* written permission. For written permission, please contact
* apache@apache.org.
*
* 5. Products derived from this software may not be called "Apache", nor may
* "Apache" appear in their name, without prior written permission of the
* Apache Software Foundation.
*
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES,
* INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
* FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
* APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT,
* INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLU-
* DING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS
* OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON
* ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
* (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF
* THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
*
* This software consists of voluntary contributions made by many individuals
* on behalf of the Apache Software Foundation. For more information on the
* Apache Software Foundation, please see .
*
*/
13. JavaHelp
This software JavaHelp. The JavaHelp license is:
/**
* ============================================================================
* License for JavaHelp
* ============================================================================
* JavaHelp is licensed under the Sun Binary Code License
* Agreement with the addition of the following supplemental licensing terms.
*
* JAVAHELP(TM) VERSION 2.0
*
* SUPPLEMENTAL LICENSE TERMS
*
* These supplemental license terms ("Supplemental Terms") add to or modify the
* terms of the Binary Code License Agreement (collectively, the "Agreement").
* Capitalized terms not defined in these Supplemental Terms shall have the same
* meanings ascribed to them in the Agreement. These Supplemental Terms shall
* supersede any inconsistent or conflicting terms in the Agreement, or in any
* license contained within the Software.
*
* 1. Software Internal Use and Development License Grant. Subject to the terms
* and conditions of this Agreement, including, but not limited to Section 4
* (Java(TM) Technology Restrictions) of these Supplemental Terms, Sun grants
* you a non-exclusive, non-transferable, limited license to reproduce
* internally and use internally the binary form of the Software complete and
* unmodified for the sole purpose of designing, developing and testing your
* Java applets and applications intended to run on the Java platform
* ("Programs").
*
* 2. License to Distribute Software. In addition to the license granted in
* Section 1 (Software Internal Use and Development License Grant) of these
* Supplemental Terms, subject to the terms and conditions of this Agreement,
* including but not limited to Section 4 (Java Technology Restrictions), Sun
* grants you a non-exclusive, non-transferable, limited license to reproduce
* and distribute the Software in binary form only, provided that you (i)
* distribute the Software complete and unmodified and only bundled as part of
* your Programs, (ii) do not distribute additional software intended to replace
* any component(s) of the Software, (iii) do not remove or alter any
* proprietary legends or notices contained in the Software, (iv) only
* distribute the Software subject to a license agreement that protects Sun's
* interests consistent with the terms contained in this Agreement, and (v)
* agree to defend and indemnify Sun and its licensors from and against any
* damages, costs, liabilities, settlement amounts and/or expenses (including
* attorneys' fees) incurred in connection with any claim, lawsuit or action by
* any third party that arises or results from the use or distribution of any
* and all Programs and/or Software.
*
* 3. License to Distribute Redistributables. In addition to the license granted
* in Section 1 (Software Internal Use and Development License Grant) of these
* Supplemental Terms, subject to the terms and conditions of this Agreement,
* including but not limited to Section 3 (Java Technology Restrictions) of
* these Supplemental Terms, Sun grants you a non-exclusive, non-transferable,
* limited license to reproduce and distribute those files specifically
* identified as redistributable in the Software "README" file
* ("Redistributables") provided that: (i) you distribute the Redistributables
* complete and unmodified (unless otherwise specified in the applicable README
* file), and only bundled as part of your Programs, (ii) you do not distribute
* additional software intended to supersede any component(s) of the
* Redistributables, (iii) you do not remove or alter any proprietary legends or
* notices contained in or on the Redistributables, (iv) you only distribute the
* Redistributables pursuant to a license agreement that protects Sun's
* interests consistent with the terms contained in the Agreement, and (v) you
* agree to defend and indemnify Sun and its licensors from and against any
* damages, costs, liabilities, settlement amounts and/or expenses (including
* attorneys' fees) incurred in connection with any claim, lawsuit or action by
* any third party that arises or results from the use or distribution of any
* and all Programs and/or Software.
*
* 4. Java Technology Restrictions. You may not modify the Java Platform
* Interface ("JPI", identified as classes contained within the "java" package
* or any subpackages of the "java" package), by creating additional classes
* within the JPI or otherwise causing the addition to or modification of the
* classes in the JPI. In the event that you create an additional class and
* associated API(s) which (i) extends the functionality of the Java platform,
* and (ii) is exposed to third party software developers for the purpose of
* developing additional software which invokes such additional API, you must
* promptly publish broadly an accurate specification for such API for free use
* by all developers. You may not create, or authorize your licensees to create,
* additional classes, interfaces, or subpackages that are in any way identified
* as "java", "javax", "sun" or similar convention as specified by Sun in any
* naming convention designation.
*
* 5. Java Runtime Availability. Refer to the appropriate version of the Java
* Runtime Environment binary code license (currently located at
* http://www.java.sun.com/jdk/index.html) for the availability of runtime code
* which may be distributed with Java applets and applications.
*
* 6. Trademarks and Logos. You acknowledge and agree as between you and Sun
* that Sun owns the SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET trademarks and
* all SUN, SOLARIS, JAVA, JINI, FORTE, and iPLANET-related trademarks, service
* marks, logos and other brand designations ("Sun Marks"), and you agree to
* comply with the Sun Trademark and Logo Usage Requirements currently located
* at http://www.sun.com/policies/trademarks. Any use you make of the Sun Marks
* inures to Sun's benefit.
*
* 7. Source Code. Software may contain source code that is provided solely for
* reference purposes pursuant to the terms of this Agreement. Source code may
* not be redistributed unless expressly provided for in this Agreement. Some
* source code may contain alternative license terms that apply only to that
* source code file.
*
* 8. Termination for Infringement. Either party may terminate this Agreement
* immediately should any Software become, or in either party's opinion be
* likely to become, the subject of a claim of infringement of any intellectual
* property right.
*
* For inquiries please contact: Sun Microsystems, Inc. 4150 Network Circle,
* Santa Clara, California 95054. (LFI#144285/Form ID#011801)
*/
THE LICENSED SOFTWARE IS PROTECTED BY COPYRIGHT LAW AND INTERNATIONAL TREATY. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION IS SUBJECT TO CIVIL AND CRIMINAL PENALTIES.
Copyright 2008, EASYNTH. All Rights Reserved.