PlusSuite .Net Control Library 4.0.0.0


EULA - End User License Agreement



-IMPORTANT-Read This Carefully Before Installing the Software.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND OLVIO IT, INC. ("Olvio IT"). YOUR
USE OF THIS SOFTWARE IS GOVERNED BY THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THE
SOFTWARE LICENSE, YOU MAY NOT DOWNLOAD, INSTALL OR USE THIS SOFTWARE.
1. DEFINITIONS.
1.1 "Use" means creating an instance of a control either at run-time or at
design time using any method including, but not limited to, constructor call or
reflection.
1.2 "Client Application" means a purpose-specific Windows application that
utilizes the Runtime Software and is installed fully on an end users machine.
Software programs consisting of more than one related module(s) or
component(s) shall be considered one Client Application.
1.3 "Object" means any instance of an Olvio IT control no matter what was
the method used to instansiate it.
1.4 "Runtime Software" means files listed in the Runtime Licensing section
of license.txt file provided with the Software, individually, collectively or in
any combination
1.5 "Server/Web Application" means a purpose-specific software program
that utilizes the Runtime Software and allows multiple users Access to the
Runtime Software in a Server Environment. Software programs consisting of
more than one related module(s) or components shall be considered one
Server/Web Application.
1.6 "Server Environment" is defined as any server system, licensed from
Olvio IT, Inc. or any other entity, that consists of one or more server software
processes, operating independently or otherwise, including but not limited to
ASP.NET, Citrix servers, report servers, Web servers, database servers,
terminal servers, mail servers, application servers or transaction servers,
facilitated by an internet, intranet, extranet, client/server network, wide-area
network, or any other multi-user network.
1.7 "Software" means the Olvio IT Control or Component provided on your
software media in object code form and associated documentation, any
updates, additional modules, or additional software provided by Olvio IT, Inc.
in connection therewith.
2. GRANT OF LICENSE. Olvio IT, Inc. grants you a nonexclusive and limited
license to use the Olvio IT Inc. Software accompanying this License
Agreement, solely in accordance with the terms and conditions of this License
Agreement. The Software is licensed, not sold, to you.
3. INSTALLATION AND USE.
3.1 Use of the Software. Your use of the Software is governed by the
terms of this Agreement. You may install and use each licensed copy of the
Software only on a single computer, except that the primary user of the
computer on which the Software is installed may make a second copy for his
or her exclusive use on a portable computer. Licenses for the Software are
individual named user licenses. No license may be shared, in any capacity, by
more than one individual end user. Your use and distribution of the Runtime
Software is governed by Section 4.
3.2 Mandatory Activation. You may not be able to exercise your rights to
the Software under this License Agreement after a finite number of product
launches unless you activate your copy of the Software in the manner
described during the launch sequence.
4. USE AND DISTRIBUTION OF RUNTIME SOFTWARE.
4.1 Deployment and Distribution of Client Applications. Olvio IT, Inc.
grants you a personal, nonexclusive, limited license to deploy, reproduce and
distribute Client Applications to end users, if you comply with all of the terms
of this license agreement, including section 4.4.
4.2 Deployment Within Your Organization of Server/Web
Applications. After you have activated your copy of the Software, you may
install and use Server/Web Applications in one or more Server Environments
owned or operated by you for your internal business purposes. You may not
use the Software or a Server/Web Application on a rental or timesharing basis
or to operate a service bureau facility for the benefit of third-parties unless
you first acquire an Application Service Provider License from Olvio IT, Inc.
The Runtime Software may be installed on only one server in each Server
Environment, and only one instance of the Runtime Software per Server/Web
Application may be utilized on that Server at any one time.
4.3 Distribution to Third Parties of Server/Web Applications. This
license agreement does not in itself give you any right to distribute
Server/Web Applications to third parties. If you want to distribute Server/Web
Applications to third parties, you must obtain written authorization from Olvio
IT, Inc. to do so. If you obtain written authorization from Olvio IT, Inc. to
distribute Server/Web Applications to third parties, you may reproduce and
distribute copies of Server/Web Applications to end users of Server/Web
Applications so long as you comply with all of the terms of this license
agreement, including section 4.4.
4.4 Runtime Software Distribution Requirements. If you distribute the
Runtime Software to Third Parties pursuant to sections 4.1 or 4.3, you agree
to comply with the following requirements:
4.4.1 You distribute copies of the Runtime Software solely as a part of
specific-purpose application programs written using an authorized copy of the
Software;
4.4.2 You remain solely responsible for support, service, upgrades, and
technical or other assistance, required or requested by anyone receiving such
Runtime Software copies or sample applications;
4.4.3 You do not use the name, logo, or trademark of Olvio It, Inc., or the
Software, without written permission from Olvio IT;
4.4.4 You do not alter, disassemble, decompile, translate, adapt or reverse-
engineer the Runtime Software;
4.4.5 You do not alter, disassemble, decompile, translate, adapt, reverse-
engineer, or convert the executable or library files (.EXE or .DLL) format to an
alternative format, including but not limited to IL language, assembly
language, C# source code, Visual Basic source code, except as permitted by
the Software, without written permission from Olvio IT, Inc.;
4.4.6 You do not use the Client Application or the Server/Web Application on
a rental or timesharing basis or to operate a service bureau facility for the
benefit of third-parties unless you first acquire an Application Service Provider
License from Olvio IT, Inc..
4.4.7 You will defend, indemnify and hold Olvio IT, Inc. harmless against
any claims or liabilities arising out of the use, reproduction or distribution of
Runtime Software;
4.4.8 You shall secure the end users consent to terms substantially similar
to the following:
End User agrees not to alter, disassemble, decompile, translate, adapt or
reverse-engineer the Runtime Software;
End User agrees not to use, distribute or integrate the Runtime Software with
any general-purpose product that is generally competitive with Olvio IT, Inc.
product offerings;
End User agrees not to use the Software on a rental or timesharing basis or
to operate a service bureau facility for the benefit of third-parties unless End
User first acquires an Application Service Provider License from Olvio IT, Inc.;
OLVIO IT, INC. AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. OLVIO IT, INC AND ITS
SUPPLIERS SHALL HAVE NO LIABILITY WHATSOEVER UNDER THIS
AGREEMENT OR IN CONNECTION WITH THE SOFTWARE.
5. COMPETITIVE PRODUCT RESTRICTIONS. You may not use, distribute or
integrate the Runtime Software with any general-purpose product that is
generally competitive with Olvio IT, Inc. product offerings; nor may you use
the Software or Runtime Software to create a product that is generally
competitive with Olvio IT, Inc. product offerings.
6. OWNERSHIP. You agree that Olvio IT, Inc. and/or its suppliers retain all
right, title and interest in and to the Software and all copies at all times,
regardless of the form or media in or on which the original or other copies
may subsequently exist. You agree that you neither own nor hereby acquire
any claim or right of ownership to the Software or to any related patents,
copyrights, trademarks or other intellectual property. You agree to use
reasonable efforts to prevent and protect the contents of the Software from
unauthorized disclosure or use. Olvio IT, Inc. and/or its suppliers reserve all
rights not expressly granted to you. Olvio IT, Inc.s suppliers are the intended
third party beneficiaries of this License Agreement and have the express right
to rely upon and directly enforce the terms set forth herein. Any data, content
or information accessed through the Software is the property of the applicable
data/content/information owner and may be protected by applicable copyright
law. This License Agreement gives you no rights to such data, content or
information
7. COPYRIGHT. The Software is copyrighted by Olvio IT, Inc. and/or its
suppliers and is protected by United States copyright and patent laws and
international treaty provisions. You may not copy the Software except: (a) to
provide a backup copy; or (b) to install the Software components licensed by
you, as set forth in Sections 3, 4 and 5, on to computers as part of executing
the Software. Solely with respect to the documentation included with the
Software, you may make a reasonable number of copies (either in hardcopy
or electronic form), provided that such copies shall be used only by licensed
end users in conjunction with their use of the Software and are not
republished or distributed to any third party. You must reproduce and include
all copyright notices, trademarks or other proprietary legends of Olvio IT, Inc.
and its suppliers on any copy of the Software or documentation made by you.
Any and all other copies of the Software and/or the documentation made by
you are in violation of this License Agreement.
8. OTHER RESTRICTIONS. Except as expressly permitted by this License
Agreement, you hereby acknowledge and agree that (a) you will not use the
Software on a timesharing basis or to operate a service bureau facility for the
benefit of third-parties unless you first acquire an Application Service Provider
License from Olvio IT, Inc.; (b) you will not modify or translate the Software
except as necessary to configure the Software using the menus, options and
tools provided for such engineer, disassemble or decompile the Software or
any portion thereof except to the extent and for the express purposes
authorized by applicable law notwithstanding this limitation; (d) you will not
transmit, or provide Access to, the Software over a network except as
expressly described in the associated documentation; (e) you will provide
access to the Software only as allowed in this Agreement; and (f) you will not
sublicense, assign, rent, sell, lease, distribute or otherwise transfer the
Software or any of the rights granted by this License Agreement, unless you
obtain a separate license from Olvio IT, Inc. for such purposes. If you want to
distribute the Software, you must obtain a Software distribution license from
Olvio IT, Inc., e.g., an OEM or reseller license.
9. NO WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE
IS PROVIDED BY OLVIO IT, INC. AND ITS SUPPLIERS "AS IS" WITHOUT ANY
CONDITION OR WARRANTY WHATSOEVER. ALL CONDITIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE DISCLAIMED BY OLVIO
IT, INC. AND ITS SUPPLIERS, INCLUDING, WITHOUT LIMITATION, THE
IMPLIED CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, TITLE,
NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. OLVIO IT,
INC. AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES INCLUDING
COST OF SUBSTITUTE GOODS OR SERVICES.
10. AUDIT. During the term of this Agreement and for three (3) years after
termination or expiration, you will maintain complete records regarding your
use and distribution of the Software. Upon reasonable notice to you, Olvio IT,
Inc. may audit, at Olvio IT, Inc.s expense, your books and records to
determine your compliance hereunder. In the event any such audit reveals
that you have underpaid Olvio IT, Inc. by an amount greater than five percent
(5%) of the amounts due Olvio IT, Inc. in the period being audited, or that
you have knowingly breached any material obligation hereunder, then, in
addition to such other remedies as Olvio IT, Inc. may have, you shall pay or
reimburse to Olvio IT, Inc. the cost of the audit.
11. TERMINATION. This License Agreement is effective until terminated. You
may terminate this License Agreement at any time by providing Olvio IT, Inc.
with written notice, provided that you have complied with the return and/or
destruction policy set forth below. This License Agreement may be terminated
by Olvio IT, Inc. if you fail to comply with any of the terms and conditions set
forth in this License Agreement and do not remedy such failure within thirty
(30) days after receiving notice thereof. Upon any termination of this License
Agreement, you agree to: (i) immediately cease all use of the Software,
including the use and distribution of any Custom Applications incorporating
the Software; and (ii) notify all third parties using the Software through you
to comply with the foregoing. Sections 5, 6, 7,8, 9, 10, 12, 13 and 14 shall
survive any termination of this License Agreement.
12. GENERAL. Except as otherwise preempted by United States federal law, this
License Agreement is governed by the laws of the State of New York, United
States, without reference to conflict of laws provisions or the United Nations
1980 Convention on Contracts for the International Sale of Goods and any
amendments thereto. If any provision of this License Agreement is ruled
invalid, such invalidity shall not affect the validity of the remaining portions of
this License Agreement. This License Agreement constitutes the entire
agreement between you and Olvio IT, Inc., and supersedes any prior
agreement, whether written or oral, relating to the subject matter of this
License Agreement. This License Agreement may not be modified except by
an instrument in writing duly signed by an authorized representative of each
of the parties. If you are acquiring the Software on behalf of an entity, you
represent and warrant that you have the legal capacity to bind such entity to
this License Agreement. All terms of any purchase order or other ordering
document submitted by you shall be superseded by this License Agreement.
The product name for the Software is a trademark or registered trademark of
Olvio IT, Inc. Should you have questions concerning this License Agreement,
please contact Olvio ITs sales office or authorized reseller, or write to: Olvio
IT, Inc. Legal Department, 602 Grandview Ave #2R, Ridgewood, NY 11385-
2431.
13. U.S. GOVERNMENT RESTRICTED RIGHTS. The Software is a "commercial
item," as that term is defined at 48 C.F.R. 2.101 (Oct. 1995), consisting of
"commercial computer software" and "commercial computer software
documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).
Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through
227.7202-4 (June 1995) (or an equivalent provision, e.g., in supplements of
various U.S. government agencies, as applicable), all U.S. Government users
acquire the Software with only those rights set forth herein. Manufacturer is
Olvio IT, Inc., 602 Grandview Ave, #2R, Ridgewood, NY 11385-2431.
You must affix the following legend to each copy of the Software:
"Use, duplication, reproduction, or transfer of this commercial software and
accompanying documentation is restricted in accordance with FAR 12.212 and
DFARS 227.7202 and by a license agreement. Contact: Olvio IT, Inc., 602
Grandview Ave, #2R, Ridgewood, NY 11385-2431."
14. EXPORT CONTROLS. You acknowledge that the Software is of U.S. origin.
You agree to comply with all applicable international and national laws that
apply to the Software, including the U.S. Export Administration Regulations,
as well as end-user, end-use and destination restrictions issued by U.S. and
other governments.



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Downloads: 197
Updated At: 2024-03-19
Publisher: olvio-it-inc
Operating System: windows
License Type: Free Trial