Licence agreement
Polar
Single User License Agreement
Important! You should carefully read the following terms and conditions. Your installing of Polar software package indicates your acceptance of them.
By installing this software package (the “SOFTWARE”), or exercising your rights to make and use copies of the SOFTWARE (as may be provided for below), or pressing the ‘Accept’ button below, you agree to be bound by the terms of this Polar License Agreement. If you do not agree to the terms of this Agreement, you are not allowed to use the SOFTWARE. If you would like specific rights not granted in this agreement, please contact Polar for more information.
Polar Software License Agreement
The enclosed software, including, but not limited to, one or more of the following: source code, object code, dynamic link libraries, static libraries, header files, sample programs, utility programs, Makefiles and scripts, together with the accompanying documentation (collectively known as the “SOFTWARE”) is owned by Polar or its suppliers and is protected by international copyright laws and treaties.
Therefore, you must treat the SOFTWARE like any copyrighted material (e.g., a book or musical recording) except that you may make either:
- one backup copy of the SOFTWARE solely for backup purposes, or
- transfer the SOFTWARE to a hard disk and keep the original copy solely for backup purposes.
Polar grants to you (one software programmer) the limited right to use only one copy of the Software to develop a web application for one web site (typicaly one domain name and one server IP address) in the manner set forth in this agreement. Each Software Programmer must have his or her own license to use the Software.
Note: http://www.domain.com, http://domain.com, https://www.domain.com and https://domain.com count as one domain name.
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.
License – You May:
1. Use the SOFTWARE on any systems you use but for development use only. Development use is defined as one person having the ability to read or copy any of the files originally contained in the Software distribution file including (but not limited to) the .dll, .csc, .html, .gif, .jpg, .bat, and .txt files.
2. Distribute a copy of the DLL, VBX or OCX files as part of the application developed using the Software provided the conditions described in paragraph 2.1 are met.
2.1. The application must
(a) be installed on no more web-site domains or servers than specified by the license type purchased;
(b) include proper copyright notification for the SOFTWARE. The copyright notice must be included with any copyright notice for the including application or at least once in the user interface, and in the printed and electronic documentation, and packaging; the copyright notification must be worded similar to the following: “This product contains PRODUCT from Polar. Copyright © 1998-2003. All rights reserved.”; substitute the name of the included SOFTWARE for PRODUCT (i.e. Polar SpellChecker Server Component).
(c) not be a software component, ‘Web Control’ or ‘Server Control’;
(d) not be used by software or web developers as part of their application.
3. Make one copy of the SOFTWARE for backup or archival purposes or copy the SOFTWARE to a single permanent storage medium provided you keep the original solely for backup or archival purposes.
4. Combine the run time portion of the SOFTWARE with your software program for use subject to the restrictions set forth in Subparagraphs (1) and (2) above. Any portion of the SOFTWARE distributed with your program will continue to be subject to the terms and conditions of this License. You must reproduce and include the Polar copyright notice on any copy or merged portion of the SOFTWARE.
5. Permanently transfer the SOFTWARE together with this License to another party, but only if the other party agrees to accept the terms and conditions of this Agreement. If you transfer the SOFTWARE and License, you must at the same time notify Polar of the name and address of the transferee. You also must either transfer all copies, merged portions, upgrades and prior versions of the SOFTWARE, together with all SOFTWARE documentation, to the same party or destroy those not transferred. Any such transfer terminates your License.
6. Modify (i.e. modify the source code and rebuild) the dynamic link libraries and statically linked libraries and incorporate the modified dynamic link libraries and statically linked libraries into software application products that you develop.
7. Make and distribute copies of the dynamic link libraries and statically linked libraries of the SOFTWARE as incorporated into software application products that you develop provided that the SOFTWARE, or other Polar products, do not constitute a major portion of the value of your product.
8. Solely with the respect to electronic documents, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed beyond the licensee’s premises.
9. Use and modify the source code version of those portions of the SOFTWARE that are identified in the documentation as the Sample Code (“SAMPLE CODE”), provided you do not distribute the SAMPLE CODE, or any modified version of the SAMPLE CODE, in source code form.
Prohibited uses – You May Not
1. RENT, LEASE, OR LEND THE SOFTWARE OR SOFTWARE DOCUMENTATION.
2. OTHERWISE TRANSFER OR USE, COPY, OR MERGE THE SOFTWARE,IN WHOLE OR IN PART, EXCEPT AS EXPRESSLY PERMITTED IN THIS LICENSE.
3. MODIFY, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER OR TRANSLATE THE SOFTWARE.
4. ALLOW RECIPIENTS OF YOUR SOFTWARE TO REVERSE ENGINEER, DISASSEMBLE, DECOMPILE, OR COPY PORTIONS FROM YOUR SOFTWARE ALLOWING THEM TO GAIN SEPARATE ACCESS TO SOFTWARE OR ANY PARTS OF IT.
5. REPRODUCE, MODIFY OR TRANSLATE THE SOFTWARE DOCUMENTATION.
6. REMOVE ANY PROPRIETARY NOTICES, LABELS OR MARKS ON THE SOFTWARE OR SOFTWARE DOCUMENTATION.
7. DEVELOP OR DISTRIBUTE APPLICATIONS THAT PROVIDE DIRECT ACCESS TO THE SOFTWARE’S PROGRAMMING INTERFACE.
8. BUNDLE THE SOFTWARE IN A DEVELOPMENT ENVIRONMENT.
9. USE THE SOFTWARE TO CREATE AN APPLICATION THAT IS NOT SIGNIFICANTLY DIFFERENT THAN THE VBX/DLL OR OCX.
10. SEPARATION OF COMPONENTS. THE SOFTWARE PRODUCT IS LICENSED AS A SINGLE PRODUCT. ITS COMPONENT PARTS MAY NOT BE SEPARATED FOR USE ON MORE THAN ONE COMPUTER.
11.EXPOSE THE INTERFACES OF THE SOFTWARE THROUGH YOUR APPLICATION. (e.g. an OCX, DLL, class library, etc.)
The source codes of the SOFTWARE are valuable assets of Polar. You agree to keep all source codes of the SOFTWARE in confidence. You may not transfer or assign the SOFTWARE or your rights under this agreement.
Term
You may terminate your License and this Agreement at anytime by destroying the SOFTWARE and SOFTWARE documentation together with all copies in any form. They will also terminate automatically if you fail to comply with any term or condition of this Agreement, in which event you agree to destroy the SOFTWARE and SOFTWARE documentation together with all copies in any form, and to provide us upon our request with written certification of such destruction.
Limited Warranty/Limitation of Remedies
EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, THE SOFTWARE AND SOFTWARE DOCUMENTATION IS PROVIDED AND LICENSED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of liability
IN NO EVENT WILL POLAR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES, LOSS OF DATA, BUSINESS INTERRUPTION LOSS, RECOVERY OR SUBSTITUTION COSTS, OR CLAIMS BY THIRD PARTIES, OR OTHER INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF POLAR OR A POLAR DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL POLAR’S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE.
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”). Polar and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Technical Support
Polar will provide you (the original licensee only) with limited technical support by electronic media for a period of 60 days after delivery of the SOFTWARE to you. You can use your technical support rights by contacting us at http://www.polarsoftware.com/about/contact/
General
This agreement is governed by international copyright laws and treaties. The prevailing party in any action or proceeding brought in connection with a breach of this Agreement will be entitled to reimbursement by the other party for costs and reasonable attorneys’ fees.
Any questions concerning this Agreement should be referred in writing to Polar (see our address on top of this agreement).
Copyright Notice
Copyright © 1998-2003 Polar and/or its suppliers, Polar, Put Supavla 1,
HR-21000 Split, Croatia, Europe. All rights reserved. Specifications subject to change without notice.
Any rights not expressly granted herein are reserved
You acknowledge that you have read this agreement, and by installing this software package indicate your acceptance of its terms and conditions. You also agree that it is the complete agreement between us and that it supersedes any prior information or representations you received relating to the subject matter of this agreement. No Polar dealer, distributor representative or employee is authorized to make any modifications or additions to this agreement.
Polar
Put Supavla 1
HR-21000 Split
Croatia, Europe
