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End-User License Agreement IMPORTANT-READ CAREFULLY: This End User
License Agreement (this "EULA") contains the terms and conditions regarding
your use of the SOFTWARE (as defined below). This EULA contains material
limitations to your rights in that regard. You should read this EULA
carefully and treat it as valuable property.
I. This EULA
1. Software Covered by this EULA. This EULA governs your use of the
Morovia Corporation ("MOROVIA") component software product(s) enclosed
or otherwise accompanied herewith (individually and collectively, the
"SOFTWARE"). The term "SOFTWARE" includes, to the extent provided by
MOROVIA: 1) any revisions, updates and/or upgrades thereto; 2) any data,
image or executable files, databases, data engines, computer software,
or similar items customarily used or distributed with computer software
products; 3) anything in any form whatsoever intended to be used with or
in conjunction with the SOFTWARE; and 4) any associated media,
documentation (including physical, electronic and on-line) and printed
materials (the "Documentation").
2. This EULA is a Legally Binding Agreement between You and MOROVIA. If you
are acting as an agent of a company or another legal person, such as an officer
or other employee acting for your employer, then "you" and "your" mean your
principal, the entity or other legal person for whom you are acting. However,
importantly, even if you are acting as an agent for another, you may still be
personally liable for violation of federal and State laws, such as copyright
infringement.
This EULA is a legally binding agreement between you and MOROVIA. You intend
to be legally bound to this EULA to the same extent as if MOROVIA and you
physically signed this EULA. By installing, copying, or otherwise using the
SOFTWARE, you agree to be bound by the terms and conditions contained in this
EULA. If you do not agree to all of the terms and conditions contained in this
EULA, you may not install or use the SOFTWARE. If, for whatever reason,
installation has begun or has been completed, you should cancel installation or
un-install the SOFTWARE, as the case may be. (You may click on the "exit" button
or its equivalent to immediately abort installation.) If you do not agree to all
of these terms and conditions, then you must promptly return the SOFTWARE to the
place of business from which you obtained it in accordance with any return
policies of such place of business. Return policies may vary between or among
resellers, and you must comply with your particular reseller's return policies
as agreed at the point of purchase. If the place of business from which you
purchased the SOFTWARE does not honor a complete refund for a period of thirty
(30) days from the date of proof of purchase, then you may return the SOFTWARE
directly to MOROVIA for a period of thirty (30) days from the date of your
purchase. To return the product directly to MOROVIA, you must obtain a MOROVIA
Return Authorization Number by contacting MOROVIA, and you must forward all
items purchased, including the proof of purchase, directly to MOROVIA. The
return must be postage-prepaid, and post-marked within thirty (30) days from the
proof of purchase, time being of the essence. The return option to MOROVIA is
only available to the original purchaser of an unopened factory packaged item.
II. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.
As provided in more detail below, this EULA grants you two licenses: 1)
a license to use the SOFTWARE to develop other software products (the
"Development License"); and 2) a license to use and/or distribute the
Developed Software (the "Distribution License"). Both of these licenses
(individually and collectively, the "Licenses") are explained and
defined in more detail below.
1. Definitions. The following terms have the respective meanings as
used in this EULA:
"Network Server" means a computer with one or more computer central
processing units (CPU's) that operates for the purpose of serving other
computers logically or physically connected to it, including, but not limited
to, other computers connected to it on an internal network, intranet or the
Internet. "Web Server" means a type of Network Server that serves other
computers more particularly connected to it over an intranet or the Internet.
"Developed Software" means those computer software products that are
developed by or through the use of the SOFTWARE. "Developed Web Server Software"
means those Developed Software products that reside logically or physically on
at least one Web Server and are operated (meaning the computer software
instruction set is carried out) by the Web Server's central processing unit(s)
(CPU). "Developed Legacy Software" means those Developed Software products that
are not Developed Web Server Software, including, for example, stand-alone
applications and applications accessed by a file server only. "Redistributable
Files" means the SOFTWARE files or other portions of the SOFTWARE that are
provided by MOROVIA and are identified as such in the Documentation for
distribution by you with the Developed Software. "Developer" means a human being
or any other automated device using the SOFTWARE in accordance with the terms
and conditions of this EULA.
"Developer Seat License" means that each Developer using or otherwise
accessing the programmatic interface or the SOFTWARE must obtain the right to do
so by purchasing a separate End User License. "Network Server CPU License" means
that a separate End User License must be purchased for each CPU operating the
computer software at issue in the reference.
“Source Code” shall mean computer software code or programs in human readable
format, such as a printed listing of such a program written in a high-level
computer language. The term "Source Code" includes, but is not limited to,
documents and materials in support of the development effort of the SOFTWARE,
such as flow charts, pseudo code and program notes.
2. Your Single User License. You are hereby granted a limited
royalty-free, non-exclusive right to use the SOFTWARE on ONE CPU by ONE
INDIVIDUAL. The purpose of using SOFTWARE is to produce the results, in digital
or printable form, and not to develop custom application. A Single User License
does not apply to the Network Server.
3. Your Network Server License. You are hereby granted a limited
royalty-free, non-exclusive right to use the SOFT on ONE CPU on a Network
Server. The number of Network Server allow 1 CPU and 200 concurrent client
accesses. Additional licenses need to be purchased if the usage exceed 1 CPU or
200 concurrent clients. If the Software is not used on a Network Server, the
license option for Single User applies.
4. Your Developer License. You are hereby granted a limited,
royalty-free, right to use the SOFTWARE to design, develop, and test Developed
Software, on the express condition that, and only for so long as, you fully
comply with all terms and conditions of this EULA. You are also allowed to
distribute the software inside or outside your organization for up to 10,000
copies. When you distribute the software, you adhere to the following terms: (a)You
may not resell, rent, lease or distribute the Software alone. The Software must
be distributed as a component of an application and bundled with an application
or with the application's installation files. The Software may only be used as
part of, and in connection with, the bundled application. (b)You may not resell,
rent, lease or distribute Software in any way that would compete with Morovia
Corporation. (c)you must include the following MOROVIA copyright notice in your
Developed Software documentation and/or in the "About Box" of your Developed
Software, and wherever the copyright/rights notice is located in the Developed
Software (“Portions Copyright © Morovia Corporation 2000-2004. All Rights
Reserved.”). (d) agree to indemnify, hold harmless, and defend MOROVIA, its
suppliers and resellers, from and against any claims or lawsuits, including
attorney's fees that may arise from the use or distribution of your Developed
Software. (e) you may use the SOFTWARE only to create Developed Software that is
significantly different than the SOFTWARE
5. Your 5-Developer License. You are hereby granted the rights of the
Developer License for up to 5 developers and 20,000 distribution.
6. Your Unlimited Developer License. With license you can install the
component software for an unlimited number of developers within your
organization and allow unlimited distribution.
7. Exception. Morovia Barcode Server does not support run-time license
and does not allow distribution. The developer license for Morovia Barcode
Server is designed to allow developers install Barcode Server on their own
machine.
8. Serial Number. Within the packaging of the SOFTWARE, a unique
serial number (the "Serial Number") is included, which allows for the
registration of the SOFTWARE. The Serial Number is subject to the restrictions
set forth in this EULA and may not be disclosed or distributed either with your
Developed Software or in any other way. The disclosure or distribution of the
Serial Number shall constitute a breach of this EULA, the effect of which shall
be the automatic termination and revocation of all the rights granted herein.
9. Evaluation Copy. If you are using an "evaluation copy" or similar
version, specifically designated as such by MOROVIA on its website or otherwise,
then the Licenses are limited as follows: a) you are granted a license to use
the SOFTWARE for a period of thirty (30) days counted from the day of
installation (the "Evaluation Period"); b) upon completion of the Evaluation
Period, you shall either i) delete the SOFTWARE from the computer containing the
installation, or you may ii) contact MOROVIA or one of its authorized dealers to
purchase a license of the SOFTWARE, which is subject to the terms and
limitations contained herein; and c) any Developed Software may not be
distributed or used for any commercial purpose.
III. INTELLECTUAL PROPERTY
1. Copyright. You agree that all right, title, and interest in and to
the SOFTWARE (including, but not limited to, any images, photographs,
animations, video, audio, music, text, and “applets” incorporated into
the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and
other intellectual properties therein or related thereto are owned
exclusively by MOROVIA, except to the limited extent that MOROVIA may be
the rightful license holder of certain third-party technologies
incorporated into the SOFTWARE. The SOFTWARE is protected by copyright
laws and international treaty provisions. The SOFTWARE is licensed to
you, not sold to you. MOROVIA reserves all rights not otherwise
expressly and specifically granted to you in this EULA.
2. Backups. You may either: (a) copy the SOFTWARE solely for backup or
archival purposes; or (b) install the SOFTWARE on a single computer, provided
you keep the original solely for backup or archival purposes. Notwithstanding
the foregoing, you may not copy the Documentation.
3. General Limitations. You may not reverse engineer, decompile, or
disassemble the SOFTWARE, except and only to the extent that applicable law
expressly permits such activity notwithstanding this limitation.
4. Software Transfers. You may not rent or lease the SOFTWARE. You may
transfer the SOFTWARE to another computer, provided that it is completely
removed from the computer from which it was transferred. You may permanently
transfer all of your rights under the EULA, provided that you retain no copies,
that you transfer all the SOFTWARE (including all component parts, the media and
printed materials, any dates, upgrades, this EULA and, if applicable, the
Certificate of Authenticity), and that the recipient agrees to the terms and
conditions of this EULA as provided herein. If the SOFTWARE is an update or
upgrade, any transfer must include all prior versions of the SOFTWARE.
5. Termination. Without prejudice to any other rights it may have, MOROVIA
may terminate this EULA and the Licenses if you fail to comply with the terms
and conditions contained herein. In such an event, you must destroy all copies
of the SOFTWARE and all of its component parts.
IV. WARRANTIES AND REMEDIES
The Software components provided by MOROVIA are licensed to you as is
and without warranties as to performance of merchantability, fitness for
a particular purpose or any other warranties whether expressed or
implied. You, your organization and all users of the font, assume all
risks when using it. Morovia shall not be liable for any consequential,
incidental, or special damages arising out of the use of or inability to
use the font or the provision of or failure to provide support services,
even if we have been advised of the possibility of such damages. In any
case, the entire liability under any provision of this agreement shall
be limited to the greater of the amount actually paid by you for the
font or US $5.00.
V. MISCELLANEOUS
1. This is the Entire Agreement. This EULA (including any addendum or
amendment to this EULA included with the SOFTWARE) is the final,
complete and exclusive statement of the entire agreement between you and
MOROVIA relating to the SOFTWARE. This EULA supersedes any prior and
contemporaneous proposals, purchase orders, advertisements, and all
other communications in relation to the subject matter of this EULA,
whether oral or written. No terms or conditions, other than those
contained in this EULA, and no other understanding or agreement which in
any way modifies these terms and conditions, shall be binding upon the
parties unless entered into in writing executed between the parties, or
by other non-oral manner of agreement whereby the parties objectively
and definitively act in a manner to be bound (such as by continuing with
an installation of the SOFTWARE, "clicking-through" a questionnaire,
etc.) Employees, agents and other representatives of MOROVIA are not
permitted to orally modify this EULA.
2. You Indemnify MOROVIA. You agree to indemnify, hold harmless, and defend
MOROVIA and its suppliers and resellers from and against any and all claims or
lawsuits, including attorney's fees, that arise or result from this EULA.
3. Interpretation of this EULA. If for any reason a court of competent
jurisdiction finds any provision of this EULA, or any portion thereof, to be
unenforceable, that provision of this EULA will be enforced to the maximum
extent permissible so as to effect the intent of the parties, and the remainder
of this EULA will continue in full force and effect. Formatives of defined terms
shall have the same meaning of the defined term. Failure by either party to
enforce any provision of this EULA will not be deemed a waiver of future
enforcement of that or any other provision.
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