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The following license agreement applies to the use of the Industrial Gadget ActiveX Controls. If you are considering a usage that would require an OEM license as outlined in the agreement below, please contact us and we will work with you to reach a fair agreement on OEM licensing of this product. If you will be distributing the control with your application, please read sections 3, 4, and 5 carefully.
INDUSTRIAL GADGETS ACTIVEX LICENSE AGREEMENT
By opening this package or clicking the OK button, you indicate that you have read this agreement and accept its terms and conditions. This is a legal agreement between you (the end user) and Software Toolbox (Matthews, NC). If you do not agree to the terms of this Agreement, promptly return the disk package and accompanying items (including written materials) to the place where you obtained them for a full refund.
1. GRANT OF LICENSE. The software programs and other materials in this package are provided to you under the terms of this license agreement and are not sold to you. You own the media on which the software is recorded, but Software Toolbox retains copyright, title, and ownership of the software itself.
2. EVALUATION SOFTWARE. If the enclosed software is marked as "Demo" or "Evaluation", then this software and the images therein shall be used for evaluation purposes only and shall be subject to all other restrictions in this agreement. Under the terms of this agreement, software used for demo or evaluation purposes shall NOT have the right to distribute the ActiveX control at runtime that are granted under the "RUNTIME CONTROLS" section of this agreement.
3. COPY RESTRICTIONS. The development license file may be installed on a maximum of one computer at any given time. You may, however, make one (1) backup copy for archival purposes.
4. RUNTIME CONTROLS. The runtime control (IndustrialGadgets1.ocx only) may be installed on any number of computers with your compiled custom application subject to the restrictions in this agreement.
5. OTHER RESTRICTED USES. You may not wrap the Industrial Gadgets ActiveX binary (IndustrialGadgets1.ocx) in your own binary control and resell it or otherwise wrap it to avoid the single machine development license restrictions. OEM licensing is available for companies wishing to bundle Industrial Gadgets ActiveX with every copy of their development application (i.e. HMIs supporting ActiveX controls and having a development and runtime mode). You may not extract images from the Industrial Gadgets ActiveX control at runtime for the purposes of repackaging them or otherwise displaying them for your application's end user in a way such that they would be able to use the images to develop application screens freely in your application or any other application without a proper OEM license for this product. Applications that allow the user to freely choose from all or any subset of the objects found in this product, place or lay them out on a computer screen in a form of the users choosing, and save said changes for subsequent reuse shall be deemed to be using the product in "Development Mode" and shall require a special OEM license for said usage.
6. NO OTHER RIGHTS. Except as stated above, this agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks, or any rights, franchises of license with respect to the enclosed software and documentation. You may not modify, translate, disassemble, reverse engineer, or decompile the software, in whole or in part. Software Toolbox reserves all rights not explicitly granted in this license agreement.
7. UPDATE POLICY. Software Toolbox may create, from time to time, updated versions of the software. However, Software Toolbox is under no obligation to provide updates free of charge.
8. SUPERCEDES PREVIOUS AGREEMENTS. If you are installing the software to upgrade an older version of the software, this license agreement SUPERCEDES any previous license agreements that may have been in effect when you purchased the license of your older version of the software. If you do NOT agree with the terms of this current agreement you should NOT install this software and contact us immediately.
9. WARRANTY. Software Toolbox warrants you that the diskette(s) in this package will be free from defects in materials and workmanship for 90 days from the date of delivery to you.
10. LIMITATION OF WARRANTIES AND LIABILITY. EXCEPT FOR THE EXPRESS WARRANTY ABOVE, SOFTWARE TOOLBOX MAKES NO OTHER WARRANTIES WITH RESPECT TO THIS SOFTWARE, AND IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE MAXIMUM LIABILITY ASSUMED BY SOFTWARE TOOLBOX IS THE PURCHASE PRICE OF THIS SOFTWARE. IN NO EVENT SHALL SOFTWARE TOOLBOX BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF SOFTWARE TOOLBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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