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Please read this license ("License") carefully before downloading,
using or installing any Components, Extensions, Sample Files and Content
provided herewith.
If you do not agree with the License, THEN DO NOT DOWNLOAD, USE OR
COMPLETE INSTALLATION OF ANY COMPONENTS, EXTENSIONS, SAMPLE FILES OR CONTENT.
BY INSTALLING AND USING ANY COMPONENTS, EXTENSIONS, SAMPLE FILES OR CONTENT YOU
ARE CONFIRMING YOUR ACCEPTANCE OF THE EXTENSIONS, COMPONENTS, SAMPLE FILES OR
CONTENT AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT
INSTALL OR USE THE COMPONENTS, EXTENSIONS, SAMPLE FILES OR CONTENT.
THIS LICENSE CONTAINS THE COMPLETE
AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE SUBJECT MATTER HEREOF, AND
SUPERCEDES ALL PRIOR AND CONTEMPORANEOUS AGREEMENTS OR UNDERSTANDINGS, WHETHER
ORAL OR WRITTEN, AS WELL AS ANY SUBSEQUENT ASPCONTROLS CLICK-THROUGH AGREEMENTS
PROVIDED WITH THE COMPONENTS, EXTENSIONS, SAMPLE FILES OR CONTENT HEREWITH.
1. Definitions
"SOFTWARE" means the component assemblt
file and associated helper files and images contained within this
download.
"AUTHOR" is aspControls.com, owned in whole by Transolutions WA Pty Ltd.
"RECIPIENT" means the company, entity or individual whose product registration
is on record with the AUTHOR. Some companies have multiple locations.
2. Copyright
Copyright 2003 Transolutions WA Pty Ltd.
and its licensors. All Rights Reserved.
The
SOFTWARE is protected by international treaty provisions. RECIPIENT
acknowledges that no title to the intellectual property in the SOFTWARE is
transferred to the RECIPIENT. RECIPIENT further acknowledge that title
and full ownership rights to the SOFTWARE will remain the exclusive property of
AUTHOR and RECIPIENT will not acquire any rights to the SOFTWARE except as
expressly set forth in this license. RECIPIENT agrees that any copies of the
SOFTWARE will contain the same proprietary notices which appear on and in the
SOFTWARE.
3. License Grant
LICENSE GRANT. The AUTHOR hereby grants the
RECIPIENT a limited, non-exclusive, nontransferable license to Use the SOFTWARE
subject to the RECIPIENTs compliance with section 5 below.
4. Ownership
The
SOFTWARE is owned and copyrighted by Transolutions WA Pty Ltd. The
RECIPIENT's license confers no title or ownership in the SOFTWARE and should
not be construed as a sale of any right in the SOFTWARE.
5.
Distribution
The
RECIPIENT may distribute the assembly file and its helper scripts and
images only if RECIPIENT does not charge any fee for the use of the SOFTWARE
alone without express written consent from the AUTHOR. The RECIPIENT may charge
for a product that uses the SOFTWARE but not for the SOFTWARE by itself. This
agreement is made in good faith that the SOFTWARE will not be sold by itself.
6.
Disclaimer of Warranty
NO
OTHER WARRANTIES. THIS SOFTWARE IS LICENSED TO THE RECIPIENT "AS IS", AND
WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
RECIPIENT ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE
SOFTWARE IS ERROR FREE. THE AUTHOR DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT
INFRINGE ANY RIGHTS OF THIRD PARTIES.
7.
Limitation of Liability
NO
LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AUTHOR OR ITS SUPPLIERS
BE LIABLE TO RECIPIENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT
DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE
SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN
CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY
RECIPIENT, IF ANY.
8. Severability
In the
event of invalidity of any provision of this license, the parties agree that
such invalidity shall not affect the validity of the remaining portions of this
license.
9. Termination
This
License will terminate automatically, without notice from the AUTHOR, if the
RECIPIENT fails to comply with the terms and conditions of this License
Agreement. Upon termination, the RECIPIENT shall immediately discontinue use of
the SOFTWARE and destroy all copies of the SOFTWARE. All payments made by
RECIPIENT are non-refundable. Notwithstanding termination, the following
provisions shall survive: Disclaimer of Warranty and Limitation of Liability.
All other rights granted under this License will cease upon termination
10.
Entire Agreement
This Agreement constitutes the complete and exclusive agreement between AUTHOR
and RECIPIENT with respect to the subject matter hereof and supersedes all
prior oral or written understandings, communications or agreements not
specifically incorporated herein. This Agreement may not be modified except in
a writing duly signed by an authorized representative of the AUTHOR and
RECIPIENT.
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