HierCube VCL license agreement
IMPORTANT - READ CAREFULLY
This license statement constitutes a legal agreement (hereinafter referred to as the "Agreement") between you (either as an individual or a legal entity) and Radar-Soft LLC on the software product (hereinafter referred to as the "Software"), 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 THIS AGREEMENT.
Upon your acceptance of the terms and conditions of this Agreement, Radar-Soft LLC grants you the right to use the Software in the manner provided below. Contact Radar-Soft LLC if you have any questions regarding this Agrement.
This Software is owned by Radar-Soft LLC or its suppliers and is protected by copyright law and international copyright treaty. Radar-Soft LLC retains the title to and ownership of the Software. You are licensed to use the Software on the following terms and conditions:
- Radar-Soft LLC grants you, as an individual, a personal nonexclusive license to install and use the Software for the sole purposes of designing, developing, and testing 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, Radar-Soft LLC grants you the right to designate one individual within your organization to have the right to use the Software in the manner provided above. You may incorporate the sample code into your applications.
- Except as provided in this 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 Radar-Soft LLC 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.
Radar-Soft LLC does not permit the distribution of applications compiled with the evaluation version of the Software except for demo and testing purposes. You are free to use the demo version of the software for such purposes for an unlimited period of time.
- The Software is royalty free for use in compiled applications only. This means that you may distribute your applications compiled with the Software incurring no royalty fee, regardless of the number of copies you redistribute or the price of your software.
- The DEVELOPER License permits only one programmer to develop the application (either standalone or web application) that redistributes or uses the Software. Additional Licenses must be obtained if more than one developer works on this application.
- The SITE License grants an unlimited number of developers the right to develop with the Software, provided that all developers using the Software are located in one physical location of your organization. Additional Licenses must be obtained if the Software is used in more than one physical location (building) or branch of your organization.
- The ENTERPRISE License grants an unlimited number of developers the right to develop with the Software, even if they are located in several physical locations (buildings) or branches of your organization.
- All types of Licenses include one year subscription period by default that means that the licensee may obtain for free any new releases/versions published during one year since the purchase date.
If you distribute any portion or files of the Software in any other way than provided by this Agreement the users of these files must also obtain a developer license for every copy of the Software i.e. they are also considered as developers that use the Software.
You may terminate your License and this Agreement at any time by destroying all copies of the Software and accompanying on-line and/or printed documentation. These also terminate automatically if you fail to comply with any term or condition in this Agreement.
Using the Software for developing by anyone other than the licensee terminates without notification this license and the right to use the Software. Please refer to Radar-Soft LLC for any special licensing requirements you may have.
If you have purchased a license with the source code (Developer, Site, or Enterprise), you may make modifications, enhancements, derivative works and/or extensions to that licensed source code provided to you under the terms set forth in this section. While Radar-Soft does not claim any ownership rights in applications, frameworks or components developed using the Software, in case you make any modifications to the licensed source code, these modifications and all rights associated therewith will be the exclusive property of Radar-Soft. You will not grant, either expressly or impliedly, any rights, title, interest, or licenses to any such modifications to any third party. You will, however, be entitled to use such modifications under the terms set forth in this agreement. You hereby assign all right, title and interest in and to such modifications to the licensed source code to Radar-Soft. You also agree to execute, acknowledge and deliver to Radar-Soft, all documents and do all things Radar-Soft consider necessary or desirable, at no cost to you but at Radar-Soft expense, to enable Radar-Soft to obtain and secure such modifications anywhere in the World. You agree to secure all necessary rights and obligations from relevant employees, or third parties in order to satisfy the above obligations.
- You may not distribute the Radar-Soft source code, or any modifications to the source code in source code form.
- The source code contained herein and in related files is provided to the registered developer for the sole purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express, prior written consent of Radar-Soft.
- Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any Radar-Soft product. You will not take any action, or assist or otherwise aid anyone else in taking any action, that would limit Radar-Soft's independent development, sale, assignment, licensing or use of its own software or any modification thereto.
- You will not modify or delete, in whole or part, any copyright, trade secret, proprietary, confidential or other notice thereon or therein without the express, prior written consent of Radar-Soft.
- YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED AS IS, AND THAT RADAR-SOFT DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL RADAR-SOFT LLC OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF RADAR-SOFT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY EXCLUDED.