Developer and Source Code License for Side of Software's Marker Bar Library version 1.0.
1. GRANT OF LICENSE
In this license agreement ('License'), Side of Software grants you, the developer, the right to use one copy of the software developer's kit entitled Marker Bar Library ('Binary Software') and one copy of the source code ('Source Code'). The Binary Software and Source Code together comprise the 'Software'. The Software is licensed per developer and may only be installed on a single workstation or computer. You may not network the Software or otherwise use it on more than one computer or workstation at the same time.
The developer retains the right to sell or distribute an unlimited number of end-user programs that contain or otherwise access the Binary Software, so long as the primary purpose of the included routines is to augment the programs being sold or distributed. THE DEVELOPER MAY NOT DISTRIBUTE PROGRAMS THAT UTILIZE SIDE OF SOFTWARE ROUTINES IF THOSE PROGRAMS ARE PART OF A PROGRAMMING TOOLKIT OR OTHER APPLICATION WHICH WILL BE REPACKAGED AND REDISTRIBUTED/RESOLD BY THE DEVELOPER'S CUSTOMERS. The developer may not distribute programs that utilize Side of Software routines if those programs in any way compete against Side of Software. THE DEVELOPER MAY NOT RESELL, RENT, LEASE, OR DISTRIBUTE ANY PART OF THE SOURCE CODE. The developer agrees to include a valid copyright notice on all programs distributed with Side of Software component routines, and agrees to indemnify, hold harmless and defend the copyright holder against any claims or lawsuits, including attorney's fees, that arise from the distribution of the end-user programs. The Binary Software is free of royalty and/or subsequent licensing fees in accordance with the above stated conditions.
3. MODIFICATION OF SOURCE CODE
The developer retains the right to modify the Source Code and compile it to produce a modified version of the Software. You are allowed to install and distribute the modified Software only in accordance with the above stated conditions. You may not remove Side of Software's copyright notices from the Source Code, nor may you expose any API that gives insight into the Source Code or into the implementation of the Software. You may in no way make it easier to reverse engineer or decompile the Software such as by providing debug information in the modified Binary Software. Side of Software does not provide any support or assistance regarding the modification of the Source Code or regarding the modified Software.
The Software is owned by Side of Software or its suppliers or licensors and is protected by copyright laws and international treaty provisions. Therefore, you may not use, copy, or distribute the Software without authorization. This License authorizes you to (a) make one copy of the Software solely for backup or archival purposes, or (b) transfer the Software and Source Code to a single hard disk, provided you keep the original solely for backup or archival purposes.
5. OTHER RESTRICTIONS
You may not rent, lease or loan the Software, but you may transfer the Software and accompanying written materials on a permanent basis provided that you retain no copies and the recipient agrees to the terms of this Agreement. You may not reverse engineer, decompile or disassemble the Binary Software, except to the extent the foregoing restriction is expressly prohibited by applicable law.
6. LIMITED WARRANTY
If within THIRTY (30) days of your purchase of this software product, you become dissatisfied with the Software for any reason, contact Side of Software and you will be given details of how you may return the software to Side of Software (or your dealer, if you did not purchase it directly from Side of Software) for a refund of your purchase price. Side of Software will not accept returns if you have sold or distributed an end-user program that contains or otherwise accesses the Binary Software.
7. NO OTHER WARRANTIES
Side of Software disclaims all other warranties, either express or implied, including but not limited to implied warranty of merchantability and fitness for a particular purpose, with respect to the Software, the accompanying written materials, and any accompanying hardware.
8. LIMITATION OF LIABILITY
Apart from the foregoing limited warranty, the software programs are provided 'AS-IS', without warranty of any kind, either expressed or implied. The entire risk as to the performance of the programs is with the purchaser. Side of Software does not warrant that the operation of the programs will be uninterrupted or error-free. Side of Software assumes no responsibility or liability of any kind for errors in the programs or documentation, of/for the consequences of any such errors. This agreement is governed by the laws of the State of Tennessee.
9. GOVERNMENT-RESTRICTED RIGHTS
The Software and accompanying documentation are deemed to be 'commercial computer software' and 'commercial computer software documentation', respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction release, performance, display or disclosure of the software and accompanying documentation by the U.S. Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.
This License is governed by the laws of the State of Tennessee, United States without reference to conflict of laws or principles. This Agreement is the entire agreement between you and Side of Software and supercedes any other communications or advertising with respect to the Software and documentation. If any provision of this License is held invalid, the remainder of this License shall continue in full force and effect.
Copyright Side of Software 2009
Side of Software