End-User License Agreement

AltaVim.com

Extended TreeView SOFTWARE COMPONENT PRODUCT
Copyright (C) 2006-2007 AltaVim.com

END-USER LICENSE AGREEMENT
FOR ALL SOFTWARE COMPONENT PRODUCT(S)

IMPORTANT- READ CAREFULLY: 
This ALTAVIM End-User License Agreement ("EULA") is a legal agreement between you, a developer of software applications, ("Developer End User") and ALTAVIM for all ALTAVIM products, controls, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE COMPONENT PRODUCT(S)") contained in this installation file.

ALTAVIM grants to you as an individual, a personal, nonexclusive license to install and use the SOFTWARE COMPONENT PRODUCT(S) for the sole purposes of designing, developing, testing, and deploying application programs which you create. By installing, copying, or otherwise using the SOFTWARE COMPONENT PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE COMPONENT PRODUCT(S).

RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE COMPONENT PRODUCT(S) is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any ALTAVIM intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any products created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

1.  GRANT OF LICENSE.

All SOFTWARE COMPONENT PRODUCT(S) is licensed, not sold. ALTAVIM grants the use of the SOFTWARE COMPONENT PRODUCT(S) according to one of the license types below.

* DEVELOPER LICENSE

The SOFTWARE COMPONENT PRODUCT(S) is licensed per Developer seat. This means that each individual using or otherwise accessing the SOFTWARE for development purposes must obtain the right to do so by purchasing an individual product license.

You are hereby granted a limited, royalty-free, right to use the SOFTWARE COMPONENT PRODUCT(S) 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. 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 COMPONENT PRODUCT(S) must be distributed as a component of an application and bundled with an application or with the application's installation files. The SOFTWARE COMPONENT PRODUCT(S) may only be used as part of, and in connection with, the bundled application. 
b) You may not resell, rent, lease or distribute SOFTWARE COMPONENT PRODUCT(S) in any way that would compete with ALTAVIM. 
c) You must include the following ALTAVIM 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 (c) AltaVim.com 2006-2007. All Rights Reserved.").
d) you may use the SOFTWARE COMPONENT PRODUCT(S) only to create Developed Software that is significantly different than the SOFTWARE COMPONENT PRODUCT(S).
e) You need to duly inform your customers that they are not allowed to use the SOFTWARE COMPONENT PRODUCT(S) independently from your solution. For use of the SOFTWARE COMPONENT PRODUCT(S) in design-time (i.e. within a development environment) your customers need to purchase the appropriate number of Developer Licenses from ALTAVIM.

* SOURCE CODE LICENSE
The Source Code License provides the same unlimited, royalty-free development and distribution terms as the Site License. You are further licensed to view the source code of the SOFTWARE COMPONENT PRODUCT(S) and modify it for your own needs.
For applications distributed outside of the licensed organization, you are required to ensure that the SOFTWARE COMPONENT PRODUCT(S) is not distributed in any form that allows it to be reused by any application other than that with which you distribute it. For example, if you install the SOFTWARE COMPONENT PRODUCT(S) along with a packaged application on a customer's server, that customer is not permitted to use the control independent of your application.
You are further licensed to view the source code of the SOFTWARE COMPONENT PRODUCT(S), and modify it for your own needs. You may only re-distribute the source code as part of a compiled solution that adds significant functionality to the SOFTWARE COMPONENT PRODUCT(S), and may not redistribute it in non-compiled form. Under no circumstances may the source code be used as the basis for creating a product that contains the same, or substantially the same, functionality as SOFTWARE COMPONENT PRODUCT(S). YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED AS IS, AND THAT ALTAVIM DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.

* BETA, TRIAL or EVALUATION VERSIONS
You may use the beta versions, trial versions, demonstration versions, evaluation versions and product tours of the SOFTWARE COMPONENT PRODUCT(S) for the limited purposes of demonstrations, trials, design time evaluations and running a product tour. You may not distribute any of the files provided with the beta, trial, demonstration or evaluation version.

For All Licenses: 
a) In no case shall you rent, lease, lend, redistribute nor re-license the SOFTWARE COMPONENT PRODUCT(S) or source code to a 3rd party individual or entity, except as outlined above. 
b) In no case shall you grant further redistribution rights for the SOFTWARE COMPONENT PRODUCT(S) to the end-users of your solution.
c) At no time may the SOFTWARE COMPONENT PRODUCT(S) be used for development purposes by other individuals than the licensed developer(s).

2. SUPPORT SERVICES.

ALTAVIM may provide you with support services related to the SOFTWARE COMPONENT PRODUCT(S) ("Support Services"). Use of Support Services is governed by ALTAVIM policies and programs described in the user manual, in "on line" documentation and/or other ALTAVIM provided materials. Any supplemental SOFTWARE COMPONENT PRODUCT(S) provided to you as part of the Support Services shall be considered part of the SOFTWARE COMPONENT PRODUCT(S) and subject to the terms and conditions of this EULA. With respect to technical information you provide to ALTAVIM as part of the Support Services, ALTAVIM may use such information for its business purposes, including for SOFTWARE COMPONENT PRODUCT(s) support and development. ALTAVIM will not utilize such technical information in a form that personally identifies you.

3. COPYRIGHT.

All title and copyrights in and to the SOFTWARE COMPONENT PRODUCT(S) (including but not limited to any copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE COMPONENT PRODUCT(S) the accompanying printed materials, and any copies of the SOFTWARE COMPONENT PRODUCT(S)) are owned by ALTAVIM. The SOFTWARE COMPONENT PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE COMPONENT PRODUCT(S) like any other copyrighted material except that you may install the SOFTWARE COMPONENT PRODUCT(S) as described in this EULA.

4. TERMINATION.

Without prejudice to any other rights or remedies, ALTAVIM will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE COMPONENT PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE COMPONENT PRODUCT(S) developed by you, whether in native, altered or compiled state.

5. LIMITATIONS ON LIABILITY.

To the maximum extent permitted by applicable law, in no event shall ALTAVIM 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 COMPONENT PRODUCT(S) or the provision of or failure to provide Support Services, even if ALTAVIM has been advised of the possibility of such damages.

Developer End User understands that the SOFTWARE COMPONENT PRODUCT(S) may produce inaccurate results because of a failure or fault within the SOFTWARE COMPONENT PRODUCT(S) or failure by Developer End User to properly use and or deploy the SOFTWARE COMPONENT PRODUCT(S). Developer End User assumes full and sole responsibility for any use of the SOFTWARE COMPONENT PRODUCT(S), and bears the entire risk for failures or faults within the SOFTWARE COMPONENT PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND ALTAVIM'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL ALTAVIM'S LIABILITY EXCEED THE PRICE PAID TO ALTAVIM FOR THE SOFTWARE COMPONENT PRODUCT(S). This Limited Warranty is void if failure of the SOFTWARE COMPONENT PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE COMPONENT PRODUCT(S).

6. INDEMNIFICATION.

You hereby agree to indemnify ALTAVIM and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorneys fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and the SOFTWARE COMPONENT PRODUCT(S) included herein.

7. DISCLAIMER OF WARRANTY.

ALTAVIM expressly disclaims any warranty for the SOFTWARE COMPONENT PRODUCT(S). THE SOFTWARE COMPONENT PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ALTAVIM DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE COMPONENT PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE COMPONENT PRODUCT(S) REMAINS WITH YOU. No oral or written information or advice given by ALTAVIM or its employees shall create a warranty or in any way increase the scope of this warranty.

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