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FOCUS Software Engineering Pty Ltd, Brisbane/Australia, ACN 104 080 935
Library License
Version 3, May 2003
Copyright (c) 2002-2003 FOCUS Software Engineering Pty Ltd. All rights reserved.
________________________________________________________________________________
Definitions:
"Package" refers to the collection of files and any part hereof,
including, but not limited to, source code, programs, binary
executables, object files, libraries, images, and scripts, which
are distributed by FOCUS Software Engineering.
"Copyright Holder" is whoever is named in the copyright or
copyrights for the Package.
"You" is you, if you are thinking about using, copying or
distributing this Package or parts of it.
"Distributable Components" are dynamic libraries, shared libraries,
class files and similar components supplied by FOCUS Software
Engineering for redistribution. They must be listed in a "readme"
or "deploy" file included with the Package.
"Application" pertains to Your product be it an application,
applet or embedded software product.
1. In consideration of payment of the licence fee and your agreement
to abide by the terms and conditions of this licence, FOCUS
Software Engineering grants You the following non-exclusive
rights:
a) You may use the Package on one or more computers by a
single person who uses the software personally;
b) You may use the Package nonsimultaneously by multiple people if
it is installed on a single computer;
c) You may use the Package on a network, provided that the network
is operated by the organisation who purchased the license and
there is no concurrent use of the Package;
d) You may copy the Package for archival purposes.
2. You may reproduce and distribute, in executable form only,
Applications linked with static libraries supplied as part of the
Package and Applications incorporating dynamic libraries, shared
libraries and similar components supplied as Distributable
Components without royalties provided that:
a) You paid the license fee;
b) the purpose of distribution is to execute the Application;
c) the Distributable Components are not distributed or resold apart
from the Application;
d) it includes all of the original Copyright Notices and associated
Disclaimers;
e) it does not include any Package source code or part thereof.
3. If You have received this Package for the purpose of evaluation,
FOCUS Software Engineering grants You a non-exclusive license to
use the Package free of charge for the purpose of evaluating
whether to purchase an ongoing license to use the Package. The
evaluation period is limited to 30 days and does not include the
right to reproduce and distribute Applications using the
Package. At the end of the evaluation period, if You do not
purchase a license, You must uninstall the Package from the
computers or devices You installed it on.
4. You are not required to accept this License, since You have not
signed it. However, nothing else grants You permission to use or
distribute the Package or its derivative works. These actions are
prohibited by law if You do not accept this License. Therefore,
by using or distributing the Package (or any work based on the
Package), You indicate your acceptance of this License to do so,
and all its terms and conditions for copying, distributing or
using the Package or works based on it.
5. You may not use the Package to develop products which can be used
as a replacement or a directly competing product of this Package.
6. Where source code is provided as part of the Package, You may
modify the source code for the purpose of improvements and defect
fixes. If any modifications are made to any the source code, You
will put an additional banner into the code which indicates that
modifications were made by You.
7. You may not disclose the Package's software design, source code
and documentation or any part thereof to any third party without
the expressed written consent from FOCUS Software Engineering.
8. This License does not grant You any title, ownership rights,
rights to patents, copyrights, trade secrets, trademarks, or any
other rights in respect to the Package.
9. You may not use, copy, modify, sublicense, or distribute the
Package except as expressly provided under this License. Any
attempt otherwise to use, copy, modify, sublicense or distribute
the Package is void, and will automatically terminate your rights
under this License.
10. The License is not transferable without written permission from
FOCUS Software Engineering.
11. FOCUS Software Engineering may create, from time to time, updated
versions of the Package. Updated versions of the Package will be
subject to the terms and conditions of this agreement and
reference to the Package in this agreement means and includes any
version update.
12. THERE IS NO WARRANTY FOR THE PACKAGE, TO THE EXTENT PERMITTED BY
APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING FOCUS
SOFTWARE ENGINEERING, THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES
PROVIDE THE PACKAGE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
PACKAGE IS WITH YOU. SHOULD THE PACKAGE PROVE DEFECTIVE, YOU
ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
13. ANY LIABILITY OF FOCUS SOFTWARE ENGINEERING WILL BE LIMITED
EXCLUSIVELY TO REFUND OF PURCHASE PRICE. IN ADDITION, IN NO EVENT
UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL
FOCUS SOFTWARE ENGINEERING OR ITS PRINCIPALS, SHAREHOLDERS,
OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, PARENT
ORGANIZATIONS AND ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY
MODIFY AND/OR REDISTRIBUTE THE PACKAGE AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR
INABILITY TO USE THE PACKAGE (INCLUDING BUT NOT LIMITED TO LOSS OF
DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU
OR THIRD PARTIES OR A FAILURE OF THE PACKAGE TO OPERATE WITH ANY
OTHER PACKAGES), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
14. IN ADDITION, IN NO EVENT DOES FOCUS SOFTWARE ENGINEERING AUTHORIZE
YOU TO USE THIS PACKAGE IN APPLICATIONS OR SYSTEMS WHERE IT'S
FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A
SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF LIFE. ANY SUCH USE BY
YOU IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD FOCUS
SOFTWARE ENGINEERING HARMLESS FROM ANY CLAIMS OR LOSSES RELATING
TO SUCH UNAUTHORIZED USE.
15. This agreement constitutes the entire agreement between FOCUS
Software Engineering and You in relation to your use of the
SOFTWARE. Any change will be effective only if in writing signed
by FOCUS Software Engineering and you.
16. This License is governed by the laws of Queensland,
Australia, excluding choice of law rules. If any part of this
License is found to be in conflict with the law, that part shall
be interpreted in its broadest meaning consistent with the law,
and no other parts of the License shall be affected.
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