PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
INSTANTIATIONS WILL LICENSE THE SOFTWARE TO YOU ONLY IF YOU FIRST ACCEPT THE
TERMS OF THIS AGREEMENT. BY USING THE SOFTWARE YOU AGREE TO THESE TERMS. IF YOU
DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE UNUSED
SOFTWARE TO THE PARTY (EITHER INSTANTIATIONS OR ITS RESELLER) FROM WHOM YOU
ACQUIRED IT TO RECEIVE A REFUND OF THE AMOUNT YOU PAID.
This is a legal agreement between you, the end user, and Instantiations,
Inc. (“Instantiations”). RCP Developer™ and WindowTester™
("Software") is owned by Instantiations and is protected by copyright
law. Upon acceptance of the terms of this License Agreement, your rights and
obligations with respect to use of the Software are as follows. These rights
are in supplement of
LICENSE INFORMATION. The Software is licensed under the following
terms and conditions.
Authorization. WindowTester and RCP Developer are intended to be
installed and licensed on every developer and tester desktop. The Software may
be stored on the primary machine and another machine (Home/Portable Computer),
provided that the Software is not in active use on both machines at the same
time. The Software is licensed
for individual use and may not be installed on a computer network or server
unless a valid Server license is acquired for each server upon which the
software will be used.
The Software is licensed for individual use and may not be
installed on a computer network or server unless a valid Server license is
acquired for each server upon which the software will be used.
COMMERCIAL LICENSE. Instantiations grants you a nonexclusive
license to use the Software. You may 1) use the Software to the extent of
authorizations you have acquired and 2) make and install copies to support the
level of use authorized, providing you reproduce the copyright notice and any
other legends of ownership on each copy, or partial copy, of the Software. If
you acquire this Software as a program upgrade, your authorization to use the
Software from which you upgraded is terminated. You will ensure that anyone who
uses the Software does so only in compliance with the terms of this Agreement.
You may not transfer your license rights to another party without prior written
consent from Instantiations.
SUBSCRIPTION LICENSE. Instantiations grants you a nonexclusive
license to use the Software for one (1) year. You may 1) use the Software to
the extent of authorizations you have acquired and 2) make and install copies
to support the level of use authorized, providing you reproduce the copyright
notice and any other legends of ownership on each copy, or partial copy, of the
Software. If you acquire this Software as a program upgrade, your authorization
to use the Software from which you upgraded is terminated. You will ensure that
anyone who uses the Software does so only in compliance with the terms of this
Agreement. You may not transfer your license rights to another party without
prior written consent from Instantiations.
EVALUATION LICENSE. Instantiations grants you a nonexclusive,
nontransferable license to use the Software. You may 1) use the Software only
for internal evaluation, testing or demonstration purposes, on a trial or
"try-and-buy" basis and 2) make and install a reasonable number of
copies of the Software in support of such use. The terms of this license apply
to each copy you make. You will reproduce the copyright notice and any other
legends of ownership on each copy, or partial copy, of the Software. You will
1) maintain a record of all copies of the Software and 2) ensure that anyone
who uses the Software does so only for your authorized use and in compliance
with the terms of this Agreement. This license begins with your first use of
the Software and ends 1) as of the duration or date specified in the
documentation accompanying the Software or 2) when the Software automatically
disables itself. Unless Instantiations specifies in the documentation
accompanying the Software that you may retain the Software (in which case, an
additional charge may apply), you will destroy the Software and all copies made
of it within ten days of when this license ends.
PROOF OF ENTITLEMENT. The Proof of Entitlement for this Software
is evidence of your authorization to use this Software and of your eligibility
for warranty services, future upgrade program prices (if announced), and
potential special or promotional opportunities.
COPYRIGHT. The Software and Documentation are copyrighted by
Instantiations, Inc. and are protected by
OTHER RESTRICTIONS. You may not disclose, publish, translate,
rent, lease, transfer, export or otherwise make available the Software in any
form, to any person or entity, except as expressly licensed herein. You may not
reverse engineer, decompile or disassemble the Software.
RUNTIME RIGHTS AND LIMITATIONS. You (a) cannot use Instantiations
or related names, logos or trademarks to market your software without express
written permission; and (b) agree to indemnify, hold harmless and defend
Instantiations from and against any claims or lawsuits, including attorneys'
fees that arise or result from the use or distribution of your software. The
license in this section is royalty-free provided that your software application
product is created using the Software.
REDISTRIBUTION INFORMATION. The Software may include files which
you may redistribute (in object code form only) for use as part of an
application created by you using the Software if the application is dependent
upon such file or module. Only the non-source files located in the
"lib" directory of the com.instantiations.installer" plug-in may
be redistributed. Your authorization to redistribute such files is granted on
the following conditions:
REDISTRIBUTION OF CLASSES AND METHODS. When you create an
application using the Software, you will incorporate certain classes and
methods from the Software's class libraries into your application, and you may
redistribute (in object code form only) and include certain of these classes
and methods. Only the non-source files located in the “lib” directory of the
"com.instantiations.installer" plug-in may be redistributed. Your
authorization to redistribute such classes and methods is granted on the
following conditions:
Your right to redistribute hereunder does not include the right to
redistribute all of the classes and methods found in the Software product. For
example, you are not permitted to redistribute classes and methods from the
implementation of the Software design and testing tools.
IN NO EVENT SHALL INSTANTIATIONS BE LIABLE FOR ANY LOSS OF PROFIT
OR ANY OTHER DAMAGE, INCLUDING BUT NOT LIMITED TO SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES. THE SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. INSTANTIATIONS SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. INSTANTIATIONS DOES NOT
WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
GOVERNING LAW. This Agreement shall be governed by the laws of the
State of
ENTIRE AGREEMENT. You agree that this Agreement expresses the
entire understanding between you and Instantiations, Inc., and supersedes all
other licenses, communications, oral or written, relating to the Software.
COPYRIGHT INSTANTIATIONS, INC
1997-2009
Manufacturer/Contractor is:
Instantiations, Inc.
Phone: 503-598-4900
Fax: 503-684-8355