This End-User License Agreement (EULA) is a legal agreement between you and Garcer
CC.
SOFTWARE PRODUCT means any software, image files, document files, all accompanying
files, data and materials received with your edition of "Garcer J2ME GUI".
EULA means this End-User License Agreement and its terms.
Please read the following terms and conditions carefully before using this SOFTWARE
PRODUCT. Your use, download or installation of this SOFTWARE PRODUCT indicates your
acceptance of this EULA.
If you do not agree to all of the terms of this EULA, you may not install or use
the SOFTWARE PRODUCT. If you violate any of the terms in this EULA you may not continue
to use the SOFTWARE PRODUCT and you must remove and destroy any instances of it
immediately.
This Agreement constitutes the entire statement of the Agreement between the parties
on the subject matter, and merges and supersedes all other or prior understandings,
purchase orders, agreements and arrangements.
The SOFTWARE PRODUCT, including any subscription extensions, is non-refundable.
The SOFTWARE PRODUCT is only available via Garcer CC's website and may not be resold.
The SOFTWARE PRODUCT may not be redistributed in any way other than as permitted
in this EULA.
You may only redistribute content and material marked as redistributable by Garcer
CC. Any redistributable content may not be altered with the intention to deceive
or pass off as your own work. All redistributable content remains the copyrighted
property of Garcer CC and must be stated as such when redistributed.
A license can only be granted by Garcer CC and entitles you to use the SOFTWARE
PRODUCT in the manner described in this EULA for the purposes of being used in the
development of software applications. The SOFTWARE PRODUCT itself will not be sold
and remains the property of Garcer CC.
Each license of this SOFTWARE PRODUCT grants a single developer the right to use
the SOFTWARE PRODUCT on a single computer. Its component parts may not be separated
for use on more than one computer. Installed instances of the SOFTWARE PRODUCT may
only be used by licensed developers.
The purchase of Commercial Edition licenses of the SOFTWARE PRODUCT grants you subscription
access to all upgrades and new versions published under the specific subscription
area allocated to you. The new versions, along with any newly issued license codes,
constitute the SOFTWARE PRODUCT for which you are licensed. Consequently, a license
may comprise of one or several versions of a particular SOFTWARE PRODUCT edition,
each with an associated license code. License codes have an associated subscription
expiry date which is determined and calculated upon purchasing licenses and/or subscription
renewals.
The subscription service associated with your license will grant you legal access
and usage rights to software published under the subscription area allocated to
you for each particular license. The expiry of the subscription service denies you
access and usage rights to any new versions of the SOFTWARE PRODUCT released for
any period during which you are not granted subscription service access to new releases.
You may, however, continue to use any releases obtained during the subscription
period indefinitely. Garcer CC may, but is not required to, provide you access to
the latest release that was accessible to you during your subscription period via
the subscription area, and/or any previous releases during such a period. It is,
however, your responsibility to ensure you have an offline copy of the SOFTWARE
PRODUCT before your subscription expires.
Warranty covers defects in the software, which prevents successfully installing
the software on the buyer's PC, in which case a replacement product will be provided
as soon as possible. Warranty does not cover fitness of purpose, not meeting of
expectations or needs in the mind of the buyer.
This SOFTWARE PRODUCT, all accompanying files, data and materials, are distributed
"AS IS" and with no warranties other than those stipulated above, whether express
or implied. The user must assume all risk of using the program. This disclaimer
of warranty constitutes an essential part of the agreement.
In no event shall Garcer CC, or its principals, shareholders, officers, employees,
affiliates, contractors, subsidiaries, or parent organizations, be liable for any
incidental, consequential, punitive or any other damages whatsoever relating to
the use of SOFTWARE PRODUCT.
In addition, in no event does Garcer CC authorize you to use this SOFTWARE PRODUCT
in applications or systems where the SOFTWARE PRODUCT's failure to perform can reasonably
be expected to result in a physical injury, or in loss of life. Any such use by
you is entirely at your own risk, and you agree to hold Garcer CC harmless from
any claims or losses relating to such unauthorized use.
The SOFTWARE PRODUCT and all accompanying components are copyrighted by Garcer CC
and may not be used in any manner other than permitted or intended use associated
with software library packages.
Garcer CC the owner of the copyright of this SOFTWARE PRODUCT, all of its derivatives,
title and accompanying materials are the exclusive property of Garcer CC. All rights
of any kind, which are not expressly granted in this License, are entirely and exclusively
reserved to and by Garcer CC.
You may not rent, lease, transfer, modify, translate, reverse engineer, de-compile,
disassemble or create derivative works that competes with this SOFTWARE PRODUCT,
nor may you use this SOFTWARE PRODUCT as a base to create a competing product. You
may not expand, enhance, or otherwise alter the SOFTWARE PRODUCT and redistribute
it for use by other developers.
You may not release this SOFTWARE PRODUCT as part of another library product. The
SOFTWARE PRODUCT may only be used in stand-alone application software with the library
part of the SOFTWARE PRODUCT compiled into the distributable package and may not
be distributed in a separate file. You are required to protect the license code
of any purchased licenses and may not expose such a license code in any document,
source code, or other material released.
You may not distribute any software that would expose the library part of the SOFTWARE
PRODUCT compiled with your software to any unlicensed parties in such a way that
they can gain access to it or its functionality for use in other software.
You may not make access to the SOFTWARE PRODUCT available to others in connection
with a service bureau, application service provider, or similar business. There
are no third party beneficiaries of any promises, obligations or representations
made by Garcer CC herein.
You may not disclose to other persons the data or techniques relating to this SOFTWARE
PRODUCT that you know or should know that it is a trade secret of the Garcer CC
in any manner that will cause damage or loss to Garcer CC.
You are allowed to release source code that makes use of this SOFTWARE PRODUCT as
long as you do not distribute the SOFTWARE PRODUCT with it, or expose any license
code in it.
You are allowed to release custom components and classes for this SOFTWARE PRODUCT
only in source code format without distributing the SOFTWARE PRODUCT with it, and
you may not sell such source code, or otherwise monetarily benefit from it.
If you are using the Personal Edition of the SOFTWARE PRODUCT, you are allowed to
release stand-alone software, as long as you release it as freeware and may not
monetarily benefit from it directly or indirectly. The Personal Edition of the SOFTWARE
PRODUCT may only be used in software released by individuals and not by other legal
entities.
The terms of this EULA may not be overridden by any terms contained in the EULA
accompanying your software, or any other terms applicable to your software. Furthermore,
the EULA accompanying your software will not impose any terms on the part of the
SOFTWARE PRODUCT compiled with it and will only be governed by this EULA.
Garcer CC delivers this SOFTWARE PRODUCT internationally in electronic format. Consequently,
no form of tax is collected and it is your sole responsibility to enquire if you
are liable for any additional tax, as well as the payment thereof.
This SOFTWARE PRODUCT and all services provided may be used for lawful purposes
only. Transmission, storage, or presentation of any information, data or material
in violation of your country, state, province, district or city law is strictly
prohibited. This includes, but is not limited to: copyrighted material, material
we judge to be threatening or obscene, or material protected by trade secret and
other statute. You agree to indemnify and hold Garcer CC harmless from any claims
resulting from the use of this SOFTWARE PRODUCT, which may damage any other party.
If you need to contact Garcer CC regarding this EULA or any other reason, please
visit our website at http://www.garcer.com/ for the latest contact details.