This End-User License Agreement ("EULA") is a legal agreement between you (either an individual user or organization) and the manufacturer, Dartcom Incorporated ("DART"), for licensed SOFTWARE. By installing and using the SOFTWARE, you agree to be bound by all of the terms and conditions of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.
1. DEFINITIONS:
a) “SOFTWARE” - the PowerTCP, PowerSNMP or PowerWEB software product and version specified at the time of sale which includes computer software, printed or electronic documentation, and associated source code.
b) “DEVELOPED SOFTWARE” - the computer applications licensed users create (web or windows forms applications, windows services and console applications) that use the SOFTWARE.
c) "PLUG-IN" - a library that interfaces with a previously compiled application.
2. GRANT OF LICENSE. This EULA grants you the following rights:
a) Developer License. This is a license agreement and not an agreement for sale. DART grants to you a limited, royalty-free, non-exclusive and non-transferable Developer License to use the SOFTWARE for the sole purposes of designing, developing and compiling DEVELOPED SOFTWARE as purchased in one of two ways:
i) Single Developer License. You may install the SOFTWARE on up to two computers for your personal use only. If the licensee is an organization, it may designate one individual within the organization the right to use the SOFTWARE in this manner.
ii) Site Developer License. You may install the SOFTWARE on any number of computers, for the use of any number of developers, at a single location as designated at the time of purchase. Additional licensing is required to install or use the SOFTWARE by developers at other locations.
b) Subscription. If a subscription is purchased you are licensed to upgrade to all SOFTWARE versions released during the paid subscription period.
c) Electronic Documents. Solely with respect to Electronic Documents included with the SOFTWARE, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed to any third party.
d) Serial Number. A Serial Number provided at the time of sale uniquely identifies each Developer License. This GRANT OF LICENSE is contingent upon the purchase of a Serial Number from DART or one of DART's resellers. Serial Number sales are final.
e) Sample Code. DART grants you the right to use and modify the Source Code parts of the SOFTWARE that are listed in the "Samples" subdirectories (collectively, "SAMPLE CODE"), for the sole purposes of designing, developing, and testing your DEVELOPED SOFTWARE, provided that you comply with section 2.h, below.
f) Redistributable Files. Provided you comply with sections 2.g and 2.h, DART grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of the following portions of the SOFTWARE (collectively, "REDISTRIBUTABLES"): (i) SAMPLE CODE (including any modifications you make); and (ii) the Dart*.dll files included in the SOFTWARE.
g) Redistribution Requirements. If you redistribute the REDISTRIBUTABLES, you agree to: (i) distribute the REDISTRIBUTABLES in object code only as a part of DEVELOPED SOFTWARE developed by you that add significant and primary functionality to the REDISTRIBUTABLES; (ii) include a valid copyright notice on your DEVELOPED SOFTWARE; (iii) indemnify, hold harmless, and defend DART from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your DEVELOPED SOFTWARE; (iv) not permit further distribution of the REDISTRIBUTABLES by your end user.
h) Redistribution Restrictions. You may not redistribute the REDISTRIBUTABLES if (i) you are creating DEVELOPED SOFTWARE for use by other non-licensed software developers (a Developer License is required to use this SOFTWARE for developing and debugging DEVELOPED SOFTWARE), or (ii) your DEVELOPED SOFTWARE exposes the functionality of the SOFTWARE through a programmable interface.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
a) Trial Software. If the SOFTWARE is installed without a Serial Number, then notwithstanding other sections of this EULA, you may use the SOFTWARE for evaluation purposes only and may not redistribute any REDISTRIBUTABLES.
b) Limitations on reverse engineering, decompilation, and disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE, or attempt in any manner to reconstruct or discover any Source Code or underlying algorithms of SOFTWARE provided in object code form only.
c) Separation of Components. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.
d) Transfer. You may not transfer, rent, sublease, or lend the SOFTWARE.
e) Support Services. DART may provide you with support services related to the SOFTWARE ("SUPPORT SERVICES"). Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information you provide to DART as part of the SUPPORT SERVICES, DART may use such information for its business purposes. DART will not utilize such technical information in a form that personally identifies you as an individual, a single entity, or a corporation.
f) Termination. Without prejudice to any other rights, DART may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you agree to destroy all copies of the SOFTWARE.
g) Plug-in Development. Plug-ins created under this license can only be used by licensed users. An Enterprise License is required to use the SOFTWARE for the development of plug-in dlls that are used by existing 3rd party applications.
4. COPYRIGHT. The SOFTWARE is owned by DART and is protected by United States copyright laws and international treaty provisions.
5. PROPRIETARY RIGHTS. All copyright, patents, trade secrets, trademarks and other intellectual and property rights in the SOFTWARE are and shall remain the valuable property of DART. You agree to take all reasonable steps to ensure that the provisions of this agreement are not violated by you or by any person under your control or in your service.
6. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (i) the SOFTWARE or (ii) your DEVELOPED SOFTWARE or service that uses the SOFTWARE, to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
7. MISCELLANEOUS. If you acquired this product in the United States , the laws of the State of New York govern this EULA. If this product was acquired outside the United States , then local law may apply. Should you have any questions concerning this EULA, or if you desire to contact DART for any reason, please write to Dartcom Incorporated; 8944 Tibbitts Road, New Hartford, NY 13413. If you have a specific question regarding the licensing of REDISTRIBUTABLES, you may contact Dart's Business Manager.
8. LIMITED WARRANTY. DART warrants that the SOFTWARE will operate substantially in accordance with its accompanying documentation for a period of thirty days from the date you receive it. This warranty is void if failure of the SOFTWARE has resulted from accident, abuse or misapplication. YOU ARE THE ONLY BENEFICIARY OF THIS WARRANTY. YOU MAY NOT PASS THIS WARRANTY ON TO OTHERS. Although DART has tested the SOFTWARE and reviewed the documentation, this SOFTWARE is licensed "AS IS" and you, the licensee, are assuming the entire risk as to its quality and performance.
9. CUSTOMER REMEDIES. DART's and its suppliers' entire liability and your exclusive remedy shall be, at DART's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE that does not meet the LIMITED WARRANTY and which is returned to DART with a copy of your receipt within the WARRANTY PERIOD. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Outside the United States , neither these remedies nor any product support services offered by DART are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DART AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE PRODUCT. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DART 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, EVEN IF DART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
10. MISCELLANEOUS. This EULA superceeds all previous versions of PowerTCP, PowerWEB, and PowerSNMP single-user, multi-user, and site licenses. (Customized agreements remain valid.)