Software License: GigaSoft ProEssentials v9
SINGLE USER SOFTWARE LICENSE BY GIGASOFT, INC.
THIS IS A SINGLE USER SOFTWARE LICENSE granted by
Gigasoft, Inc. This Software is owned by and remains the property of
Gigasoft, Inc., is protected by United States copyright law and
international treaty provisions, and is transferred to the original
purchaser and any subsequent owner of the Software media for their
use only on the license terms set forth below.
Gigasoft grants the original purchaser (Licensee) the limited rights
to possess and use the Gigasoft Software and Electronic User Manual for
its intended purposes. Licensee may use the ProEssentials v9 software
for as long as needed provided they do not violate the copyright and
follow these rules. Licensee agrees that the Software will be used
solely for Licensee�s internal purposes. Licensee may make no more
than two (2) copies of the licensed software for back-up purposes
and all such copies, together with the original, must be kept in
Licensee�s possession or control. The back-up copy must display
all proprietary notices, and be labeled externally to show that the
back-up copy is the property of Gigasoft, and that use is subject to
this license. Licensee may transfer its rights under this License
provided that the party to whom such rights are transferred agrees
to the terms and conditions of this License, and written notice is
provided to Gigasoft. Upon such transfer, Licensee must transfer or
destroy all copies of the Software. Licensee may not make any changes
or modification to the licensed software, and Licensee may not
decompile, disassemble, or otherwise reverse engineer the software.
Licensee may not rent or lease it to others.
When distributing applications which implement the ProEssentials Software,
only the following files are permitted to be redistributed:
Gigasoft.ProEssentials.Dll, Gigasoft.ProEssentialsWeb.Dll, PEGRP32G.DLL,
PEGRP64G.DLL, PEGRPG.DLL, PE3DOG.OCX, PEGOG.OCX,
PESGOG.OCX, PEPSOG.OCX, PEPCOG.OCX, and PEDO.OCX.
Gigasoft grants the licensee a nonexclusive royalty-free right to reproduce
and distribute the above mentioned files. If Licensee redistributes the
above files, the licensee must 1) distribute the above files only in
conjunction with and as part of Licensee�s software application product
where ProEssentials adds significant functionality; 2) the software application
ProEssentials is being added to must not provide presentation charting graphics
from generic data; 3) include a copyright notice of Licensee�s name on
software product; 4) agree to indemnify, hold harmless, and defend Gigasoft
from and against any claims or lawsuits, including attorneys fees, that arise
or result from the use or distribution of Licensee�s software application
product; 5) Licensee may install software onto one development system, one
test system, and one production server; and 6) when installing above files
onto more than one internet or intranet production and test server to
produce server based dynamic content, additional run time licenses are
required per pc.
LICENSE FEES FOR THE SOFTWARE DO NOT INCLUDE ANY
CONSIDERATIONS FOR ASSUMPTION OF RISK BY GIGASOFT, AND
GIGASOFT DISCLAIMS ANY AND ALL LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION
OR INABILITY OT USE THE SOFTWARE, EVEN IF ANY OF THESE
PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FURTHERMORE, LICENSEE INDEMNIFIES AND AGREES TO HOLD
GIGASOFT HARMLESS FROM SUCH CLAIMS. THE ENTIRE RISK AS TO
THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY
THE LICENSEE. THE WARRANTIES EXPRESSED IN THIS LICENSE ARE
THE ONLY WARRANTIES MADE BY GIGASOFT AND ARE IN LIEU OF ALL
OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF
FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY GRANTS
SPECIFIED LEGAL RIGHTS, AND LICENSEE MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
WARRANTIES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT
APPLY TO LICENSEE.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with restricted rights. Use,
duplication, or disclosure by the Government is subject to restrictions as set
fourth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer
Software clause at DFARS 252.227-7013 or subparagraph (c) (1) and (2) of the
Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as
applicable. Manufacturer is Gigasoft, Inc. Keller, TX 76248.
This license is the complete and exclusive statement of the parties agreement.
Should any provision of this License be held to be invalid by any court of
competent jurisdiction, that provision will be enforced to the maximum extent
permissible, and the remainder of the License shall nonetheless remain in full
force and effect. This License shall be controlled by the laws of the State of
Texas, and the United States of America.
COPYRIGHT 1994-2021 BY GIGASOFT, INC. ALL RIGHTS RESERVED