Webster Pro Control Single User License Agreement
THIS SOFTWARE PRODUCT IS A PROPRIETARY PRODUCT OF HOME PAGE SOFTWARE AND IS
PROTECTED BY COPYRIGHT LAWS. THE SOFTWARE IS LICENSED BY HOME PAGE SOFTWARE
TO YOU FOR YOUR USE STRICTLY IN ACCORDANCE WITH THE FOLLOWING TERMS AND
CONDITIONS. THIS AGREEMENT SUPERSEDES ANY PREVIOUS AGREEMENTS WITH HOME PAGE
SOFTWARE.
LICENSE - YOU MAY:
1. Install the Webster Pro Control release package or a subscription update
package (together hereinafter referred to as the "Software") on one
or more computers for the use of the single licensed individual, or, in the
case where an entity is the licensee, for the use of a single individual
designated by the entity as the licensed individual.
2. Distribute an unlimited number of copies of WebPro3.OCX, WebPr332.OCX,
and WebPr316.OCX (hereinafter referred to as the "Redistributable
Components") as part of the application developed using the Software.
The application must include proper attribution to Home Page Software near
every occurrence of the application copyright notice. The attribution must
state "Webster Pro Control Copyright © 1995-2005 Home Page Software
Inc.".
3. Permanently transfer the Software together with this License to another
party, but only if the other party agrees to accept the terms and conditions
of this Agreement. If you transfer the Software and License, you must at the
same time notify Home Page Software of the name and address of the transferee.
You also must either transfer all copies, merged portions, upgrades and prior
versions of the Software, together with all Software documentation, to the
same party or destroy those not transferred. Any such transfer terminates
your License.
PROHIBITED USES - YOU MAY NOT:
4. Loan or rent the software or software documentation.
5. Otherwise transfer or use, copy or merge the software, in whole or in part,
except as expressly permitted in this license.
6. Modify, decompile, disassemble, reverse engineer or translate the software.
7. Reproduce, modify or translate the software documentation.
8. Remove any proprietary notices, labels or marks on the software or software
documentation.
9. Develop or distribute applications that provide direct access to the
software’s programming interface.
10. Bundle the software in a development environment.
11. Permit further redistribution of the Redistributable Components by your
end-user customers.
IF YOU DO ANY OF THE FOREGOING, YOUR LICENSE AND THIS AGREEMENT ARE
AUTOMATICALLY TERMINATED. SUCH TERMINATION SHALL BE IN ADDITION TO AND NOT
IN LIEU OF ANY CRIMINAL, CIVIL, OR OTHER REMEDIES AVAILABLE TO HOME PAGE
SOFTWARE.
TERM:
You may terminate your License and this Agreement at any time by destroying the
Software and Software documentation together with all copies in any form. The
License and this Agreement will also terminate automatically if you fail to
comply with any term or condition of this Agreement, in which event you agree
to destroy the Software and Software documentation together with all copies in
any form, and to provide us upon our request with written certification of
such destruction.
LIMITED WARRANTY/LIMITATION OF REMEDIES:
EXCEPT AS SPECIFICALLY STATED IN
THIS AGREEMENT, THE SOFTWARE AND SOFTWARE DOCUMENTATION IS PROVIDED AND LICENSED
"AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. IN NO EVENT WILL HOME PAGE SOFTWARE BE LIABLE TO YOU FOR
ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES, LOSS OF
DATA, BUSINESS INTERRUPTION LOSS, RECOVERY OR SUBSTITUTION COSTS, OR CLAIMS BY
THIRD PARTIES, OR OTHER INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF HOME PAGE SOFTWARE
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL HOME
PAGE SOFTWARE' LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR
THE SOFTWARE.
This limited warranty gives you specific legal rights. Some jurisdictions
provide other rights, and some jurisdictions do not allow the exclusion or
limitation of implied warranties or limitation of liability for incidental or
consequential damages. As a result, the above limitations and/or exclusions
may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS:
The Software and Software documentation are provided with Restricted and Limited
Rights. Use, duplication or disclosure by the Government is subject to
restrictions as set forth in DFAR §252.227-7013(c)(1)(ii) or FAR §2.227-19,
as applicable, and additional restrictions set forth in this Agreement.
Contractor/ Manufacturer is Home Page Software Inc, 1029 Franklin St.,
Santa Monica, CA 90403.
GENERAL:
This Agreement is governed by the laws of the State of California. The
prevailing party in any action or proceeding brought in connection with a
breach of this Agreement will be entitled to reimbursement by the other party
for costs and reasonable attorneys' fees. Any questions concerning this
Agreement should be referred in writing to Home Page Software Inc, 1029
Franklin St., Santa Monica, CA 90403.