MACROTECH NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes
a legal agreement (License Agreement) between you (either as
an individual or a single entity) and MACROTECH Corporation
(MACROTECH) for the software product (Software)
identified above, including any software, media, and
accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF
THE LICENSE AGREEMENT. If you are the original purchaser
of the Software and you do not agree with the terms and
conditions of the License Agreement, promptly return the
unused Software to the place from which you obtained it for
a full refund.
Upon your acceptance of the terms and conditions of the
License Agreement, MACROTECH grants you the right to use the
Software in the manner provided below.
This Software is owned by MACROTECH or its suppliers and
is protected by copyright law and international copyright
treaty. Therefore, you must treat this Software like any
other copyrighted material (e.g., a book), except that you
may either make one copy of the Software solely for backup
or archival purposes or transfer the Software to a single
hard disk provided you keep the original solely for backup
or archival purposes.
You may transfer the Software and documentation on a
permanent basis provided you retain no copies and the
recipient agrees to the terms of the License Agreement.
Except as provided in the License Agreement, you may not
transfer, rent, lease, lend, copy, modify, translate,
sublicense, time-share or electronically transmit or
receive the Software, media or documentation. You
acknowledge that the Software in source code form remains a
confidential trade secret of MACROTECH and/or its suppliers
and therefore you agree not to modify the Software or
attempt to reverse engineer, decompile, or disassemble the
Software, except and only to the extent that such activity
is expressly permitted by applicable law notwithstanding
this limitation.
If you have purchased an upgrade version of the Software,
it constitutes a single product with the MACROTECH software
that you upgraded. You may use or transfer the upgrade
version of the Software only in accordance with the License
Agreement.
This Software is subject to TURKISH Commerce Department export
restrictions, and is intended for use in the country into
which MACROTECH sold it (or in the EEC, if sold into the
EEC).
MACROTECH grants to you as an individual, a personal, non-
exclusive license to install and use the Software for the
sole purposes of designing, developing, testing, and
deploying application programs which you create. You may
install a copy of the Software on a computer and freely
move the Software from one computer to another, provided
that you are the only individual using the Software. If
you are an entity, MACROTECH grants you the right to
designate one individual within your organization (Named
User) to have the right to use the Software in the manner
provided above.
GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES
You may write and compile (including code compile)
your own application programs using the Software,
including any libraries and source code included for such
purpose with the Software. You may reproduce and
distribute, in executable form only, programs which you
create using the Software without additional license or
fees, subject to all of the conditions in this statement.
MACROTECH products may include certain files
Redistributables intended for distribution by you to
the users of programs you create. Redistributables
include, for example, those files identified in the
accompanying printed or on-line documentation as
redistributable files, those files preselected for
deployment by an install utility provided with the Software
(if any), or those files pre-selected by a third party
install utility which operates under control of an install
script which MACROTECH has certified (if any) for use by
licensed users of this Software for deploying applications.
In any event, the Redistributables for the Software are
only those files specifically designated as such by
MACROTECH. From time to time, MACROTECH may designate other
files as Redistributables. You should refer to the
documentation, including any readme or deploy files
included with the Software, for additional information.
Subject to all of the conditions in this statement, you may
reproduce and distribute exact copies of the
Redistributables, provided that such copies are made from
the original copy of the Software or the copy transferred
to the single hard disk. Copies of Redistributables may
only be distributed with and for the sole purpose of
executing application programs permitted under this
statement that you have created using the Software. Under
no circumstances may any copies of Redistributables be
distributed separately. Regardless of any modifications
which you make and regardless of how you might compile,
link, and/or package your programs, under no circumstances
may the libraries (including runtime libraries), code,
Redistributables, and/or other files of the Software
(including any portions thereof) be used for developing
programs by anyone other than you. Only you as the
licensed user (or the Named User for your entity) have the
right to use the libraries (including runtime libraries),
code, Redistributables, or other files of the Software (or
any portions thereof) for developing programs created with
the Software. In particular, you may not share copies of
the Redistributables with other co-developers. You may not
reproduce or distribute any MACROTECH documentation without
MACROTECH's permission.
The license granted in this statement for you to create
your own compiled programs and distribute your programs and
the Redistributables (if any) is subject to all of the
following conditions: (i) all copies of the programs you
create must bear a valid copyright notice, either your own
or the MACROTECH copyright notice that appears on the
Software (ii) you may not remove or alter any macrotech
copyright, trademark or other proprietary rights notice
contained in any portion of MACROTECH libraries, source code,
Redistributables or other files that bear such a notice
(iii) MACROTECH provides no warranty at all to any person,
other than the Limited Warranty provided to the original
purchaser of the Software, and you will remain solely
responsible to anyone receiving your programs for support,
service, upgrades, or technical or other assistance, and
such recipients will have no right to contact MACROTECH for
such services or assistance(iv) you will indemnify and
hold MACROTECH, its related companies and its suppliers,
harmless from and against any claims or liabilities arising
out of the use, reproduction or distribution of your
programs (v) your programs must be written using a
licensed, registered copy of the Software
(vi) your programs must add primary and substantial functionality,
and may not be merely a set or subset of any of the
libraries (including runtime libraries), code,
Redistributables or other files of the Software
(vii) regardless of any modifications which you make and
regardless of how you might compile, link, or package your
programs, the libraries (including runtime libraries),
code, Redistributables, and/or other files of the Software
(including any portions thereof) may not be used in
programs created by your end users (i.e., users of your
programs) and may not be further redistributed by your
end users and (viii) you may not use macrotech's or any of its
suppliers' names, logos, or trademarks to market your
programs, except to state that your program was written
using the Software.
The Software might include source code, redistributable
files, and/or other files provided by a third party vendor
(Third Party Software). Since use of Third Party Software
might be subject to license restrictions imposed by the
third party vendor, you should refer to the on-line
documentation (if any) provided with Third Party Software
for any license restrictions imposed by the third party
vendor. In any event, any license restrictions imposed by
a third party vendor are in addition to, not in lieu of,
the terms and conditions of the License Agreement.
All MACROTECH libraries, source code, Redistributables and
other files remain MACROTECH's exclusive property. Regardless
of any modifications that you make, you may not distribute
any files (particularly MACROTECH source code and other non-
executable files) except those that MACROTECH has expressly
designated as Redistributables. Nothing in the License
Agreement permits you to derive the source code of files
that MACROTECH has provided to you in executable form only,
or to reproduce, modify, use, or distribute the source code
of such files. You are not, of course, restricted from
distributing source code or byte code that is entirely your
own. Source code which you generate with an MACROTECH source
code generator, such as an Application Wizard, is
considered by MACROTECH to be your code.
Contact MACROTECH for the applicable royalties due and
other licensing terms for all other uses and/or distribution of
the Redistributables.
LIMITED WARRANTY
Except with respect to the Redistributables, which are
provided as is without warranty of any kind, MACROTECH
warrants that the Software, as updated and when properly
used, will perform substantially in accordance with the
accompanying documentation, and the Software media will be
free from defects in materials and workmanship, for a
period of ninety (120) days from the date of receipt. Any
implied warranties on the Software are limited to ninety
(120) days. Some states/jurisdictions do not allow
limitations on duration of an implied warranty, so the
above limitation may not apply to you.
MACROTECH's and its suppliers' entire liability and your
exclusive remedy shall be, at MACROTECH's option, either
(a) return of the price paid, or (b) repair or replacement of
the Software that does not meet MACROTECH's Limited Warranty
and which is returned to MACROTECH with a copy of your
receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED
THE MACROTECH CUSTOMER SERVICE DEPARTMENT AND OBTAINED A
RETURN AUTHORIZATION NUMBER. 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 warranty period
or thirty (30) days, whichever is longer. Outside the
TURKEY, neither these remedies nor any product
support services offered by MACROTECH are available without
proof of purchase from an authorized non-TURKISH source.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MACROTECH
AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH
REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT SHALL MACROTECH OR ITS SUPPLIERS
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 PRODUCT OR THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT SERVICES, EVEN IF MACROTECH HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, MACROTECH'S
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE
AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR TURKEY $25
PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO AN MACROTECH
SUPPORT SERVICES AGREEMENT, MACROTECH'S ENTIRE LIABILITY
REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS
OF THAT AGREEMENT. BECAUSE SOME STATES AND JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed,
manufactured or intended for use or resale as on-line
control equipment in hazardous environments requiring fail-
safe performance, such as in the operation of nuclear
facilities, aircraft navigation or communication systems,
air traffic control, direct life support machines, or
weapons systems, in which the failure of the Software could
lead directly to death, personal injury, or severe physical
or environmental damage (High Risk Activities). MACROTECH
and its suppliers specifically disclaim any express or
implied warranty of fitness for High Risk Activities.
TURKISH GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with RESTRICTED
RIGHTS. Use, duplication, or disclosure by the Government
is subject to restrictions as set forth in subparagraphs
(c)(1)(ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraphs
(c)(1) and (2) of the Commercial Computer Software-
Restricted Rights at 48 CFR 52.227-19, as applicable.
Manufacturer is MACROTECH Corporation.
GENERAL PROVISIONS
This statement may only be modified in writing signed by
you and an authorized officer of MACROTECH. If any provision
of this statement is found void or unenforceable, the
remainder will remain valid and enforceable according to
its terms. If any remedy provided is determined to have
failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in the
Limited Warranty shall remain in effect.
This statement shall be construed, interpreted and governed
by the laws of the TURKEY This statement gives you specific
legal rights you may have others which vary from state to
state and from country to country. MACROTECH reserves all rights
not specifically granted in this statement.
