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This is a legal agreement between you ("Licensee"), the end user, and DC & Co. The
software programs and documentation ("Software") provided by DC & Co. are licensed
by DC & Co. to the original customer. Please read this license agreement
("Agreement"). Using the Software indicates that you accept these terms.
YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS
LICENSE, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND THAT
THIS AGREEMENT HAS THE SAME FORCE AND EFFECT AS A SIGNED AGREEMENT. IF YOU DO NOT
AGREE TO ALL THE TERMS OF THIS LICENSE, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE.
1. LICENSE.
a) TRIAL MODE: DC & Co. grants Licensee the non-exclusive right to use the Software
in trial mode for a period of no more than thirty (30) days, to run consecutively
from the date of first use.
b) REGISTERED MODE: In exchange for the payment of the required license fee for the
Software, DC & Co. grants Licensee a perpetual non-exclusive, non-transferable,
worldwide, royalty-free right and license to use the Software in registered mode on
the number of handheld computers for which Licensee has paid the appropriate
license fee.
c) FREE MODE: DC & Co. grants Licensee the non-exclusive right to use the Software
in free mode, a mode in which some features are limited.
2. RESTRICTIONS. DC & Co. retains all right, title, and interest in and to the
Software. Any rights not granted to Licensee in this Agreement are reserved by DC &
Co.
b) Licensee may not create derivative works based upon the Software.
c) Licensee may not rent, lease, sublicense, or sell the Software or any portion of
the Software.
d) Licensee may not remove or alter any trademark, logo, copyright or any other
proprietary notices, legends, symbols or labels on or in the Software.
e) Licensee may not use the Software to develop either directly or indirectly an
application competitive to any product developed by DC & Co.
f) Licensee may not use the Software in a manner that violates any applicable laws
in the jurisdictions in which Licensee uses the Software, including, but not
limited to, laws concerning copyright and intellectual property rights.
g) Licensee may not export or re-export the Software if such an action violates
applicable laws and restrictions in the jurisdiction in which Licensee intends to
perform such an action.
h) Licensee may make copies of the software for backup, but for no other purpose.
3. FEES. If Licensee wishes to use the Software in registered mode, Licensee must
pay a license fee.
4. BETA VERSIONS. In the event that the Software is a beta version, the terms of
this section shall apply. Licensee's license to use the Software expires 30 days
after installation or such other period as indicated by the Software or associated
notices. The Software may include a mechanism to cause it to cease to function
after the license period expires. Licensee agrees not to attempt to circumvent or
defeat any such mechanism. By using the Software, Licensee is aware that:
a) The Software may contain errors that prevent it from functioning properly and
such errors may cause irretrievable data loss.
b) DC & Co. intends to release a final commercial version of the Software but
reserves the right not to do so.
d) DC & Co. recommends that Licensee use the Software in a test environment. The
Software is not suitable for production use.
e) The purpose of the Software is to help verify the proper operation of the
software across a variety of usage scenarios and environments.
8. SUPPORT SERVICES. DC & Co. shall have no obligation under this Agreement to
provide Licensee with any maintenance or technical support services with respect to
Licensee's use of the Software.
9. PROPRIETARY RIGHTS. The Software is protected by United States copyright law and
international copyright treaties and provisions, as well as other intellectual
property laws and treaties. The Software is licensed, not sold. DC & Co. retains
title to and ownership of the Software and the patents, copyrights, trade secrets,
trademarks, intellectual property rights, and other proprietary interests therein.
Licensee acknowledges that no title to the intellectual property in the Software is
transferred from DC & Co. to Licensee. Licensee further acknowledges that title and
full ownership rights to the Software will remain the exclusive property of DC &
Co., and Licensee will not acquire any rights to the Software except as expressly
set forth in this Agreement.
10. NO WAIVER. The failure of either party to enforce any provision of this
Agreement shall not be deemed a waiver of such provision. The rights of DC & Co.
under this Agreement are in addition to any other rights and remedies provided by
law or under this Agreement.
12. ENTIRE AGREEMENT. This Agreement is the entire agreement between DC & Co. and
Licensee relating to the Software and supercedes all prior or contemporaneous oral
or written communications, proposals, and representations with respect to the
Software.