This Oops Development License Agreement ("DLA") is a legal agreement between you (either an individual or a single entity) and Robot Control Software Ltd. ("RCS") for the Oops software product, which includes computer software, its source code and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by RCS. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate license agreement is licensed to you under the terms of that license agreement. By installing, copying, downloading, accessing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this DLA. If you do not agree to the terms of this DLA, do not install, distribute or use the SOFTWARE PRODUCT; or contact RCS.
The SOFTWARE PRODUCT is owned by RCS and 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.
This is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge. When you start to use the SOFTWARE PRODUCT in a commercial product, the evaluation period is terminated and a registration fee is required. Orders shall be sent to RCS in any written form (e-mail, FAX or post) and payment shell be done regarding the invoice sent by RCS. When payment is received you will be sent a registration key for the last version of this program. You shall evaluate the SOFTWARE PRODUTC before you pay for it. All information including source code is available in advance, therefore RCS cannot refund of your payment for this SOFTWARE PRODUCT later on.
The SOFTWARE PRODUCT and accompanying documentation are being licensed to you, which mean you have the right to use the SOFTWARE PRODUCT only in accordance with this License Agreement. The SOFTWARE PRODUCT is for use by one programmer on one computer. RCS grants to you the right to use a single copy of the SOFTWARE PRODUCT on a single computer. You may make copies of the software for backup purposes only. This license is personal to you. You may not sublicense, lease, sell, or otherwise transfer the license of the SOFTWARE PRODUCT to any other person without prior written consent from RCS. Any unauthorized transfer is null and void.
You may modify the source code of the library and examples as part of your use of the SOFTWARE PRODUCT. However, under copyright law, the modified source code remains the copyrighted property of RCS and you may not distribute it.
RCS grants to you the nonexclusive royalty-free right to reproduce and distribute the object code portions of the software as a part of your application subject to the following:
- You must assume full and complete responsibility and liability for the use of this SOFTWARE PRODUCT in your programs.
- Your software must be an executable application, not merely a set or subset of the functions or code included in the SOFTWARE PRODUCT.
- You must include a valid copyright notice with your product.
- You are responsible for the operation of your applications, including testing of all included object code to ensure that it functions as documented, as expected, and as required.
RCS warrants that (a) the SOFTWARE PRODUCT will, for a period of ninety (180) days from the date of your receipt, perform substantially in accordance with RCS's written materials accompanying it, and (b) any Support Services provided by RCS shall be substantially as described in applicable written materials provided to you by RCS, and (c) RCS support engineers will make commercially reasonable efforts to solve any problem issues with the SOFTWARE PRODUCT. To the extent that implied warranties on the SOFTWARE PRODUCT are disclaimable, they are disclaimed herein below. Some states and jurisdictions do not allow disclaimers of or limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent implied warranties may not be entirely disclaimed but implied warranty limitations are allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to 180 days.
No other warranties to the maximum extent permitted by applicable law, RCS and its suppliers disclaim all, other warranties and conditions, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the SOFTWARE PRODUCT and the provision of or failure to provide support services. This limited warranty gives you specific legal rights. You may have others, which vary from state/jurisdiction to state/jurisdiction.
RCS's and its suppliers' entire liability and your exclusive remedy shall be, at RCS's option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested retail price) if any, or (b) repair or replacement of the component(s) of the SOFTWARE PRODUCT that do(es) not meet RCS's Limited Warranty and which is returned to RCS with a copy of your purchase receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder, of the original warranty period or thirty (30) days, whichever is longer. Neither of these remedies nor any product support services offered by RCS are available without proof of purchase.
To the maximum extent permitted by applicable law, in no event shall RCS or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide support services, even if RCS has been advised of the possibility of such damages. In any case, RCS's entire liability under any provision of this DLA shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or ten Euros (10.00 Euro); provided. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
In addition, in no event does RCS authorize you to use SOFTWARE PRODUCT in applications or systems where SOFTWARE PRODUCT 's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use by you is entirely at your own risk, and you agree to hold RCS harmless from any claims or losses relating to such unauthorized use.
Note that the SOFTWARE PRODUCT is written in C++. C++ technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of software technology could lead directly to death, personal injury, or severe physical or environmental damage.
(However it is possible to approve the quality of SOFTWARE PRODUCT. RCS provides test programs, the full source code and support for getting the required Proof of Quality Documents. Contact RCS for further information.)
This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from RCS if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of Software.
Any action related to this Agreement will be governed and controlled by Hungarian law. No choice of law rules of any jurisdiction will apply.
If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission of the provision would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
This Agreement is the entire agreement between you and RCS relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
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Robot Control Software Ltd. Úrbéres u. 62/A., Budapest, 1028 Hungary; Tel:+36-1 398-0200 Fax:+36-1 398-0202