END-USER LICENSE AGREEMENT FOR THE COMM32 OCX (Comm32.ocx, sComm32.ocx sComm32x.ocx) AND ASSOCIATED SAMPLE CODE AND DOCUMENTATION. IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual, business or other entity) and AXIS CONTROLS LTD. for the software product(s) identified above which includes associated software components, media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and Axis Controls Ltd, (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE.
The SOFTWARE PRODUCT is licensed as follows:
(a) Installation and Use.
Axis Controls LTD. grants you the right to install and use the SOFTWARE PRODUCT on one developer's computer running a validly licensed copy of the operating system and development environment for which the SOFTWARE PRODUCT was designed.
(b) Backup Copies.
You may make copies of the entire SOFTWARE PRODUCT as may be necessary for backup and archival purposes.
You may re-distribute ONLY the ocx component of SOFTWARE PRODUCT. Such re-distribution must be as a component of your own product provided that our ocx does not make up the majority of your own product. You may not re-distribute our setup, installer, sample code, product activation codes or any other file provided with our installer.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
(a) Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
(b) Prohibition on Reverse Engineering, Decompilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
(c) Support Services.
Axis Controls LTD. may provide you with support services related to the SOFTWARE PRODUCT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA.
(d) Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Axis Controls Ltd. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
All title, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Axis Controls Ltd. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. All rights not expressly granted are reserved by Axis Controls Ltd.
The SOFTWARE PRODUCT is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. Axis Controls Ltd. Distributors and resellers do not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Axis Controls Ltd. Distributors and resellers makes no warranties respecting any harm that may be caused by the transmission of any computer virus, worm or other such malware. Axis Controls Ltd. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall Axis Controls Ltd. Distributors or resellers be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of your use of or inability to use the SOFTWARE PRODUCT, even if Axis Controls Ltd. Distributors or resellers have been advised of the possibility of such damages. In no event will Axis Controls Ltd. Distributors or resellers be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Axis Controls Ltd. Distributors or resellers shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
YOUR STATE OR JURISDICTION MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR SPECIAL DAMAGES OR THE EXCLUSION OF IMPLIED WARRANTIES IN WHICH CASE THIS END USER LICENSE AGREEMENT CAN NOT APPLY TO YOU AND YOU SHOULD NOT DOWNLOAD OR INSTALL SOFTWARE PRODUCT.