Business Applications Architect 3.0

EULA - End User License Agreement

DM Automation
Business Applications Architect
LICENSE AGREEMENT
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT.
This License Agreement ("LICENSE") is a legal agreement between the Licensee (either an individual or a single entity) and DM Automation for the software product identified above, which includes computer software and may include associated "online" or electronic documentation ("SOFTWARE PRODUCT").

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this LICENSE AGREEMENT. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, USE, DISTRIBUTE IN ANY MANNER, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE PRODUCT. Immediately return it to place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE
Copyright laws and international copyright treaties, as well as other intellectual property laws and treaties protect the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold.
1. LICENSE TO USE SOFTWARE PRODUCT.
1.1 LICENSE GRANT. DM Automation grants the licensee the right to create or modify their own applications. You may install and use the SOFTWARE PRODUCT on any computer within your company or organization. Users that do not log into the Product for purposes of application modification, do not require a license. You may additionally install the Product on your home computer. This product may be served from a single network and may be accessed by all users connected to that network. If you wish to use the SOFTWARE PRODUCT in more than one company or organization, you must purchase the Product for each company where the Product will be used.

1.2 SOURCE CODE. Licensee has no right of access to the source code of the SOFTWARE PRODUCT.

1.3 BETA, TRIAL or EVALUATION VERSIONS. Licensee may use the beta versions, trial versions, demonstration versions, evaluation versions and product tours of the SOFTWARE PRODUCT for the limited purposes of demonstrations, trials, design time evaluations and running a product tour. Licensee may not distribute any of the files provided with the beta, trial, demonstration or evaluation version.
2. DISTRIBUTION / REDISTRIBUTABLE CODE

2.1 SAMPLE APPLICATIONS. In addition to the LICENSE granted in Section 1, DM Automation grants the Licensee the right to use and modify the source code versions of those portions of the SOFTWARE PRODUCT which are identified in the documentation as the Sample Applications and located in the SAMPLES subdirectory of the SOFTWARE PRODUCT, either on CD-ROM or electronic format (collectively "SAMPLE APPLICATIONS"), provided Licensee complies with the Redistribution Requirements. Licensee may not distribute the SAMPLE APPLICATIONS.

2.2 REDISTRIBUTABLE CODE. In addition to the LICENSE granted in Section 1, DM Automation grants the Licensee a nonexclusive, royalty-free right to reproduce and distribute the developed applications identified in the SOFTWARE PRODUCT Help System, or on DM Automation website (http://www.dmautomation.com), as the APPLICATION CONFIGURATION and/or DATABASE, provided Licensee complies with the redistribution requirements.

2.3 REDISTRIBUTION REQUIREMENTS. If Licensee redistributes the APPLICATION CONFIGURATION and/or DATABASE, she/he agrees to (a) register her/his copy of the SOFTWARE PRODUCT through the www.dmautomation.com website; (b) include a valid copyright notice on her/his APPLICATION CONFIGURATION; and (c) indemnify, hold harmless, and defend DM Automation from and against any claims or lawsuits, including attorney''s fees, that arise or result from the use and distribution of her/his software application product.

2.4 LIMITATIONS. Distribution by the Licensee of any assemblies, designers or design-time assistants (EXE''s or DLL''s), executables, source code, distributed by DM Automation as part of this SOFTWARE PRODUCT and not identified as a redistributable code is prohibited. Redistribution by Licensee''s users of DM Automation'' DLL''s and EXE''s or Licensee modified or wrapped version of DM Automation EXE''s and DLL''s is prohibited.

Licensee shall not develop applications that provide an application programmable interface to the SOFTWARE PRODUCT or the SOFTWARE PRODUCT as modified. Licensee shall not develop applications that substantially duplicate the capabilities of the SOFTWARE PRODUCT or, in the reasonable opinion of DM Automation, compete with it.

Licensee MAY NOT distribute the SOFTWARE PRODUCT, in any format, to other users for development or compiling purposes.
3. ADDITIONAL RIGHTS AND LIMITATIONS
3.1 RESTRICTIONS. Licensee may not alter, assign, create derivative works, decompile, disassemble, distribute, give, lease, loan, modify, rent, reverse engineer, sell, sub-license, transfer or translate in any way, by any means or any medium, including telecommunications, the SOFTWARE PRODUCT or Documentation (except as specifically and expressly provided above under "DISTRIBUTION"). Licensee will use its best efforts and take all reasonable steps to protect the SOFTWARE PRODUCT from unauthorized use, copying or dissemination.

3.2 SUPPORT SERVICES. DM Automation may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Use of Support Services is governed by the policies and programs described in "online" documentation and/or in other DM Automation provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this LICENSE. With respect to technical information you provide to DM Automation as part of the Support Services, DM Automation may use such information for its business purposes, including for product support and development. DM Automation will not utilize such technical information in a form that personally identifies Licensee.

3.3 The SOFTWARE PRODUCT is licensed as a single product and the software programs comprising SOFTWARE PRODUCT may not be separated.

3.4 TERMINATION. If either the SOFTWARE PRODUCT or Documentation is used in any way not expressly and specifically permitted by this LICENSE, then the LICENSE shall immediately terminate. Upon the termination of the LICENSE, Licensee shall thereafter make no further use of the SOFTWARE PRODUCT or Documentation, and Licensee shall destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by DM Automation or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants Licensee no rights to use such content. DM Automation reserves all rights not expressly granted.
5. NO WARRANTIES. DM Automation expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. To the maximum extent permitted by applicable law, in no event shall DM Automation 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 DM Automation has been advised of the possibility of such damages.

6. GENERAL PROVISION. Licensee shall have no right to sub-license any of the rights of this agreement, for any reason. In the event of the breach by Licensee of this Agreement, she/he shall be liable for all damages to DM automation, and this Agreement shall be terminated. If any provision of this Agreement shall be deemed to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining portions of this Agreement shall not be affected or impaired thereby. In the event of a legal proceeding arising out of this Agreement, the prevailing party shall be awarded all legal costs incurred.

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This Agreement constitutes the entire agreement between the parties for the supply of the SOFTWARE PRODUCT and its associated documentation and supersedes all prior arrangements, agreements, representations, and undertakings. This Agreement may not be changed or modified except by a written instrument duly executed by each of the parties hereto.
Should you have any questions concerning this EULA, or if you desire to contact DM Automation for any reason, please send us your questions or remarks by email: sales@dmautomation.com

ACKNOWLEDGEMENTS. Licensee acknowledges that she/he has read this Agreement, understands it, and agrees to be bound by its terms and conditions.

Copyright (C) 2004-2006 DM Automation. All rights reserved.