READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING THE KAVACHART DEVELOPMENT SOFTWARE ("SOFTWARE"). IF YOU PURCHASE THE SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
VISUAL ENGINEERING, INC.
KAVACHART DEVELOPMENT LICENSE AGREEMENT
(The Product, KavaChart, was previously
known as JavaChart)
1. SOFTWARE LICENSE: Subject to
the terms set forth in this License,Visual Engineering Inc. ("VE") grants
to Authorized Users a non-exclusive license to use one copy of the Software
on a single computer for the purpose of developing (to create) either stand-alone
applications or applets ("User Applications"). By completing the registration
form and purchasing the Software you become an Authorized User. The Software
may be used on a network, provided each developer using the Software is
an Authorized User.
2. USE OF SOFTWARE: The Software
includes, but is not limited to one or more of the following: object code,
source code, and documentation. Use shall be subject to the following:
Source Code: You may compile
the Source Code into Object Code for internal use by Authorized Users.
You may modify Source Code but doing so relieves VE of its obligation to
provide support. Source Code shall be considered Confidential Information
and as the recipient of Confidential Information you agree to the following
provisions:
3. BACKUP COPIES: You may make
one backup copy of Object Code and Source Code. Any copy and its use shall
also be subject to the terms and conditions of this Agreement.
4. USES NOT PERMITTED: You may not
redistribute Source Code in whole or in part, it is licensed for your internal
use only.You may not transfer or copy the Software, except as permitted
under this Agreement. You may not rent, sublicense, lease, loan, reverse
engineer, disassemble, decompile, reverse translate, or decode the Software.
Making unauthorized copies, compilations or adaptations of Documentation
is prohibited.
5. PROPRIETARY RIGHTS: The Software
and backup copies, logos, product names, and other support materials, if
any, are either patented, copyrighted, trademarked, or otherwise proprietary
to VE. You agree not to remove any such notices and product identification.
6. DISCLAIMER OF WARRANTIES: THE
SOFTWARE IS PROVIDED "AS IS" AND EXCEPT AS EXPRESSELY SET FORTH BELOW,
VE EXPRESSELY DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.
7. LIMITED WARRANTY: VE warrants
that the unmodified Software will operate substantially in conformity with
the accompanying Documentation for a period of 60 days from the date you
receive the Software. VE's sole and exclusive obligation, and your sole
and exclusive remedy, under this warranty shall be limited to VE's use
of reasonable efforts to correct material, documented, reproducible defects
in the unmodified Software during the warranty period. In the event VE
fails to correct such a defect(s) within a reasonable period of time, VE
may, at VE's discretion, replace the defective Software, or refund the
amount paid by you and cancel this Agreement and licenses granted herein.
In the event VE cancels this Agreement you agree to return or destroy all
copies of the Software.
8. LIMITATION OF LIABILITY: VE SHALL
NOT BE LIABLE FOR ANY CLAIM BY YOU OR ANY OTHER PARTY FOR THE DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF
THE USE, INABILITY TO USE, QUALITY OR PERFORMANCE OF SUCH SOFTWARE BASED
UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR
OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION,
EVEN IF VE HAS BEEN ADVISED OF SUCH DAMAGES. IN NO EVENT SHALL VE'S LIABILITY
EXCEED THE TOTAL AMOUNT RECEIVED FROM YOU TO DATE FOR THIS PRODUCT.
9. TRANSFERS: You may only transfer
all your rights and obligations under this Agreement provided the transferee
receives all of your copies of the Software and you retain no copies and
the transferee agrees, in advance, to all of the terms and conditions of
this Agreement.
10. SUPPORT AND UPDATES: You will
receive free telephone and/or e-mail support for a period of 60 days following
your receipt of the Software. Thereafter, you may purchase additional support,
including updates to the Software for an annual fee by contacting VE.
11. TERMINATION: This Agreement
shall remain in effect until terminated by either party. VE reserves the
right, at its sole discretion, to terminate this Agreement upon 30 days
written notice if you fail to comply with this Agreement. You may terminate
this Agreement at any time by ceasing to use the Software and either returning
all copies of the Software to VE or destroying all copies of the Software.
If you have received Source Code, termination of this Agreement shall not
relieve you of your obligation regarding disclosure of Confidential Information.
12. US GOVERNMENT RESTRICTED RIGHTS:
The Software is "commercial computer software" and "commercial computer
software documentation" as such terms are used in 48 C.F.R. 12.212 (Sept.
1995) and is provided to the Government (i) for acquisition by or on behalf
of civilian agencies, consistent with the policy set forth in 48 C.F.R.
12.212; or ii) for acquisition by or on behalf of units of the Department
of Defense, consistent with the policies set forth in 48 CF.R. 227.7202-1
June 1995) and 227.7202-3 (June 1995).
13. COMPLIANCE WITH US EXPORT LAWS:
You acknowledge that the laws and regulations of the United States restrict
the export and re-export of commodities and technical data of United States
origin, including the Software. You agree not to export or re-export the
Software in any form without appropriate United States and foreign government
licenses.
14. MISCELLANEOUS: The laws of the
State of California govern this Agreement, and it shall inure to the benefit
of VE, its successors, administrators, heirs and assigns. In any action
regarding this Agreement, the prevailing party shall be entitled to receive,
in addition to any other relief, reasonable attorneys' fees and expenses.
If one or more of the provisions contained in this Agreement shall be unenforceable,
then such provision shall be considered inoperative to the extent of such
enforceability and the remainder of this Agreement shall continue in full
force and effect.
15. ACKNOWLEDGMENT: YOU ACKNOWLEDGE
THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO ITS TERMS
AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT COVERS ANY MERGED OR
PARTIAL COPIES OF THE SOFTWARE AND IS THE COMPLETE AND EXCLUSIVE AGREEMENT
BETWEEN THE PARTIES AND SUPERSEDES ALL RELATED PROPOSALS, COMMUNICATIONS
OR PRIOR AGREEMENTS, ORAL OR WRITTEN.