Version 1.0.3.4, March 2008
PLEASE READ THIS DOCUMENT CAREFULLY. YOU HAVE AGREED TO THE TERMS OF THIS AGREEMENT BEFORE INSTALLING THE SOFTWARE.
This is a legal agreement between you and Peltarion Handelsbolag and its
subsidiaries ("Peltarion"). This Agreement states the terms and
conditions upon which Peltarion offers to license the software included with
this installation together with all related documentation and accompanying
items including, but not limited to, the executable programs, drivers,
libraries and data files associated with such programs (collectively, the
"Software").
- Grant of License
The Software is licensed, not sold, to you for use only under the terms of this
Agreement. This License Agreement is your proof of license to exercise
the rights granted herein and must be retained by you. As between you
and Peltarion (and, to the extent applicable, its licensors), Peltarion
retains all title to and ownership of the Software and reserves all
rights not expressly granted to you. Peltarion grants to you the right
to use all or a portion of this Software provided that (a) the Software
license has been purchased and paid for to Peltarion (Full Version)
or the Software is a time-limited evaluation edition (Trial Version);
(b) the Software may NOT be modified; (c) all copyright notices are
maintained on the Software; and (d) the licensee/end-user agrees to be
bound by the terms of this Agreement.
- Installation and use
For Full Version:
You may:
a) install and use a copy of the Full Version Software on one personal computer or other device; and
b) install an additional copy of the Full Version Software on a second, portable device for the exclusive
use of the primary user of the first copy of the Software.
For Trial Version:
You may:
a) install and use a copy of the Software for evaluation purposes only on one personal computer or other device.
You may use the software for 30 days unless otherwise explicitly specified by Peltarion.
- Alternative rights for Storage/Network use
As an alternative to section 2) for the Full Version, you may install a copy of the Software on a network storage device,
such as a server computer, and allow one access device, such as a personal computer, to access and use that licensed
copy of the Software over a private network. You must obtain a license to the Software for each additional device that
accesses and uses the Software installed on the network storage device.
- License Grant for Remote Desktop
You may use remote access technologies such as the Remote Desktop features in Microsoft Windows or NetMeeting to access
and use your licensed copy of the Software, provided that only the primary user of the device hosting the remote
desktop session accesses and uses the Software with a remote access device. These remote desktop rights do not
permit you to use the Software on both the device hosting the remote desktop session and the access device at the
same time.
- Deployed Software
The Software includes functionality for generating and assembling object code
(Deployed Software) that allows systems constructed in Synapse to be
used in an external environment. Peltarion grants you limited right to reproduce
and distribute the Deployed Software on a royalty free basis provided that
it is accompanied by an actual application program which uses the Deployed
Software, with the following conditions:
You may not distribute the Deployed Software with an application or
library that is a wrapper for the Deployed Software.
You may not redistribute individual parts of the Deployed Software; if
distributed, all parts of the Deployed Software must be included.
You may not use Peltarions name, logo or trademarks to market your
software product that uses the Deployed Software without Peltarions
express written permission.
You may not use the Deployed Software that can within reason be assumed to
compete with Peltarions product range, without Peltarions express
written permission.
All rights except those defined in this section are limited or granted as
defined in this license agreement.
- Copyright
The Software is owned by Peltarion and/or its licensors, and is protected
by Swedish, European Union and United States copyright laws and
international treaty provisions. You may not remove the copyright notice
from any copy of the Software or the Deployed Software or any copy of the
written materials, if any, accompanying the Software.
- Archival Copys
You may make one (1) archival copy of the machine-readable portion of the Full
Version Software for backup purposes only in support of your use of the
Software on a single computer, provided that you reproduce on the copy all
copyright and other proprietary rights notices included on the originals
of the Software.
- No Merger or Integration
You may not merge any portion of the Software into, or integrate any
portion of the Software with, any other program, other than described by
section 5, except to the extent expressly permitted by the laws of the
jurisdiction where you are located or as described in section 5. Any
portion of the Software merged into or integrated with another program, if
any, will continue to be subject to the terms and conditions of this
Agreement, and you must reproduce on the merged or integrated portion all
copyright and other proprietary rights notices included on the originals
of the Software.
- Transfer of License.
You may not transfer your license of the Software or the Deployed Software
to a third party.
- Limitations on Using, Copying, and Modifying the Software
Except to the extent expressly permitted by this Agreement or by the laws
of the European Union, you may not use, copy or modify the Software or the
Deployed Software. Nor may you sub-license any of your rights under this
Agreement.
- Software Updates
If the software is updated, Peltarion reserves the right to introduce a new
license agreement that governs the terms for the updated software.
- Decompiling, Disassembling, or Reverse Engineering.
You acknowledge that the Software, including the Deployed Software contains trade secrets and other
proprietary information of Peltarion and its licensors. Except to the
extent expressly permitted by this Agreement or by the laws of the European
Union, you may not decompile, disassemble or otherwise reverse engineer
the Software or the Deployed Software, or engage in any other activities
to obtain underlying information that is not visible to the user in
connection with normal use of the Software.
In particular, you agree not for any purpose to
transmit the Software or display the Software's or Deployed Softwares object
code on any computer screen or to make any hardcopy memory dumps of the
Software's object code. If you believe you require information related to the
interoperability of the Software or the Deployed Software with other programs,
you shall not decompile or disassemble the Software to obtain such information,
and you agree to request such information from Peltarion at the address listed
below. Upon receiving such a request, Peltarion shall determine whether you
require such information for a legitimate purpose and, if so, Peltarion will
provide such information to you within a reasonable time and on reasonable conditions.
In any event, you will notify Peltarion of any information derived from reverse
engineering or such other activities, and the results thereof will constitute the
confidential information of Peltarion that may be used only in connection with
the Software or the Deployed Software.
- Academic license
If the software has been purchased as an Academic License, use is only
granted for research and education purposes at an accredited academic
institution. No production, for profit or commercial use of the Software
and the Deployed Software is allowed.
Peltarion reserves the right to ask for (via email, mail or telephone)
proof of academic status of the user. If proof has not been provided
within fourteen (14) days after the request was made, Peltarion can
without notice revoke the license.
The license granted to you is effective until terminated. You may terminate it
at any time by destroying the Software (including any portions or copies
thereof) currently in your possession or control. The license will also
terminate automatically without any notice from Peltarion if you fail to comply
with any term or condition of this Agreement. You agree upon any such
termination to destroy the Software (including any portions or copies thereof).
Upon termination, Peltarion may also enforce any and all rights provided by
law. The provisions of this Agreement that protect the proprietary rights of
Peltarion will continue in force after termination. For Trial Version Software,
the license expires 14 days after installation, unless otherwise specified by
Peltarion. On termination all copies of the Software must be destroyed. For the
Trial Version Software this includes all Deployed Software.
ANY USE BY YOU OF THE SOFTWARE OR THE DEPLOYED SOFTWARE IS AT YOUR OWN RISK. THE
SOFTWARE OR THE DEPLOYED SOFTWARE IS PROVIDED FOR USE ONLY WITH PELTARION'S
HARDWARE AND RELATED SOFTWARE. THE SOFTWARE AND THE DEPLOYED SOFTWARE IS
PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, PELTARION DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT. PELTARION IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES
TO THE SOFTWARE.
No distributor, dealer or any other entity or person is authorized to expand or
alter this warranty or any other provisions of this Agreement. Peltarion does
not warrant that the functions contained in the Software or the Deployed
Software will meet your requirements or that the operation of the Software or
the Deployed Software will be uninterrupted or error-free or free from
malicious code. For purposes of this paragraph, "malicious code"
means any program code designed to contaminate other computer programs or
computer data, consume computer resources, modify, destroy, record, or transmit
data, or in some other fashion usurp the normal operation of the computer,
computer system, or computer network, including viruses, Trojan horses, droppers,
worms, logic bombs, and the like.
Any representation, other than the warranties set forth in this Agreement, will not
bind Peltarion. You assume full responsibility for the selection of the
Software or the Deployed Software to achieve your intended results, and for the
downloading, use and results obtained from the Software or the Deployed
Software. You also assume the entire risk as it applies to the quality and
performance of the Software or the Deployed Software. Should the Software or
the Deployed Software prove defective, you (and not Peltarion, or its
distributors or dealers) assume the entire cost of all necessary servicing,
repair or correction.
This warranty gives you specific legal rights, and you may also have other rights
which vary from country/state to country/state. Some countries/states do not
allow the exclusion of implied warranties, so the above exclusion may not apply
to you. Peltarion disclaims all warranties of any kind if the Software or the
Deployed Software was customized, repackaged or altered in any way by any third
party other than Peltarion.
NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES IN NO
EVENT SHALL PELTARION OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER
(INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES, OR FOR ANY PERSONAL INJURY OR BODILY INJURY (INCLUDING
DEATH) TO ANY PERSON CAUSED BY PELTARION'S NEGLIGENCE, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN
IF PELTARION OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES/ COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY
NOT APPLY TO YOU.
If you distribute the Software or the Deployed Software in violation of this
Agreement, you hereby indemnify, hold harmless and defend Peltarion from and
against any and all claims or lawsuits, including attorney's fees and costs
that arise, result from or are connected with the use or distribution of the
Software or the Deployed Software in violation of this Agreement.
**Further, Peltarion shall not be liable for the accuracy of any information provided by
Peltarion or third-party technical support personnel, or any damages caused,
either directly or indirectly, by acts taken or omissions made by you as a
result of such technical support.
You assume full responsibility for the selection of the Software or the Deployed
Software to achieve your intended results, and for the installation, use and
results obtained from the Software or the Deployed Software. You also assume
the entire risk as it applies to the quality and performance of the Software or
the Deployed Software. Should the Software or the Deployed Software prove
defective, you (and not Peltarion, or its distributors or dealers) assume the
entire cost of any and all necessary servicing, repair or correction.**
This Agreement is binding on you as well as your employees, employers,
contractors and agents, and on any successors and assignees. Neither the
Software or the Deployed Software nor any information derived there from may be
exported except in accordance with the laws of the EU or other applicable
provisions.
If you downloaded the Software in the European Union (EU), the following
provisions also apply to you. If there is any inconsistency between the terms
of the Software License Agreement set out above and the following provisions,
the following provisions shall take precedence.
Decompilation:
You agree not for any purpose to transmit the Software or display the Softwares
or the Deployed Software's object code on any computer screen or to make any
hard copy memory dumps of the Softwares or the Deployed Software's object
code. If you believe you require information related to the interoperability of
the Software or the Deployed Software with other programs, you shall not
decompile or disassemble the Software or the Deployed Software to obtain such
information, and you agree to request such information from Peltarion at the
address listed above. Upon receiving such a request, Peltarion shall determine
whether you require such information for a legitimate purpose and, if so,
Peltarion will provide such information to you within a reasonable time and on
reasonable conditions.
Limited Warranty:
EXCEPT AS STATED ABOVE IN THIS AGREEMENT, AND AS PROVIDED BELOW UNDER THE
HEADING "STATUTORY RIGHTS", THE SOFTWARE AND THE DEPLOYED SOFTWARE IS
PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT.
Limitation of Remedy and Damages:
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE SOFTWARE LICENSE AGREEMENT SHALL
NOT APPLY TO PERSONAL INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY
PELTARION'S NEGLIGENCE AND ARE SUBJECT TO THE PROVISION SET OUT BELOW UNDER THE
HEADING "STATUTORY RIGHTS".
General:
This Agreement is governed by the laws of the Kingdom of Sweden and the laws of
the European Union. This Agreement is the entire agreement between us and you
agree that Peltarion will not have any liability for any untrue statement or
representation made by it, its agents or anyone else (whether innocently or
negligently) upon which you relied upon entering this Agreement, unless such
untrue statement or representation was made fraudulently.
login
shop