ROWLEY ASSOCIATES COMMERCIAL LICENSE STATEMENT
AND LIMITED WARRANTY

 

IMPORTANT — READ CAREFULLY

This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Rowley Associates Limited ("Rowley Associates") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

Upon your acceptance of the terms and conditions of the License Agreement, Rowley Associates grants you the right to use the Software in the manner provided below.

This Software is owned by Rowley Associates and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.

You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of Rowley Associates and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

If you have purchased an upgrade version of the Software, it constitutes a single product with the Rowley Associates software that you upgraded. You may use the upgrade version of the Software only in accordance with the License Agreement.

 

ADDITIONAL LICENSE TERMS FOR CROSS STUDIO

Rowley Associates grants to you as an individual, a personal, non-exclusive license to install and use the Software for the sole purposes of designing, developing, testing, and deploying application programs which you create. You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, Rowley Associates grants you the right to designate one individual within your organisation ("Named User") to have the right to use the Software in the manner provided above.

 

GENERAL TERMS THAT APPLY TO COMPILED PROGRAMS AND REDISTRIBUTABLES

You may write and compile your own application programs using the Software, including any libraries and source code included for such purpose with the Software. You may reproduce and distribute, in executable form only, programs which you create using the Software without additional license or fees, subject to all of the conditions in this statement.

Rowley Associates products may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. The Redistributables for the Software are only those files specifically designated as such by Rowley Associates. From time to time, Rowley Associates may designate other files as Redistributables. You should refer to the documentation, including any "readme" or "deploy" files included with the Software, for additional information.

Subject to all of the conditions in this statement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this statement that you have created using the Software. Under no circumstances may any copies of Redistributables be distributed separately. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), code, Redistributables, or other files of the Software (or any portions thereof) for developing programs created with the Software. In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any Rowley Associates documentation without Rowley Associates' permission.

The license granted in this statement for you to create your own compiled programs and distribute your programs and the Redistributables (if any) is subject to all of the following conditions: (i) you may not remove or alter any Rowley Associates copyright, trademark or other proprietary rights notice contained in any portion of Rowley Associates libraries, source code, Redistributables or other files that bear such a notice; (ii) Rowley Associates provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the Software, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact Rowley Associates for such services or assistance; (iii) you will indemnify and hold Rowley Associates, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs; (iv) your programs must be written using a licensed, registered copy of the Software; (v) regardless of any modifications which you make and regardless of how you might compile, link, or package your programs, the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) may not be used in programs created by your end users (i.e., users of your programs) and may not be further redistributed by your end users; and (vi) you may not use Rowley Associates' or any of its suppliers' names, logos, or trademarks to market your programs, except to state that your program was written using the Software.

All Rowley Associates libraries, source code, Redistributables and other files remain Rowley Associates' exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Rowley Associates source code and other non-executable files) except those that Rowley Associates has expressly designated as Redistributables. Nothing in the License Agreement permits you to derive the source code of files that Rowley Associates has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files. You are not, of course, restricted from distributing source code or byte code that is entirely your own.

 

LIMITED WARRANTY

Except with respect to the Redistributables, which are provided "as is," without warranty of any kind, Rowley Associates warrants that the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days.

Rowley Associates' and its suppliers' entire liability and your exclusive remedy shall be, at Rowley Associates' option, either (a) return of the price paid, or (b) repair or replacement of the Software that does not meet Rowley Associates' Limited Warranty and which is returned to Rowley Associates with a copy of your receipt. DO NOT RETURN ANY PRODUCT UNTIL YOU HAVE CALLED ROWLEY ASSOCIATES AND OBTAINED A RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of the Software has resulted from accident, abuse, or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United Kingdom, neither these remedies nor any product support services offered by Rowley Associates are available without proof of purchase from an authorised non-UK source.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ROWLEY ASSOCIATES AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ROWLEY ASSOCIATES OR ITS SUPPLIERS 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 PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ROWLEY ASSOCIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ROWLEY ASSOCIATES' ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A ROWLEY ASSOCIATES SUPPORT SERVICES AGREEMENT, ROWLEY ASSOCIATES' ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.

 

HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Rowley Associates and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

 

GENERAL PROVISIONS

This statement may only be modified in writing signed by you and an authorised officer of Rowley Associates. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

This statement shall be construed, interpreted and governed by the laws of England. This statement gives you specific legal rights; you may have others, which vary, from country to country. Rowley Associates reserves all rights not specifically granted in this statement.

 

Rowley Associates Limited

Suite 4B/4C Drake House · Drake Lane · Dursley · Gloucestershire · GL11 4HH · UK
Voice +44 1453 549536 or 547916 · Fax +44 1453 544068
Web: www.rowley.co.uk · E-mail: sales@rowley.co.uk