ActiveSWF Professional 2.5

EULA - End User License Agreement

END-USER LICENSE AGREEMENT (EULA) FOR
ActiveSWF Professional SOFTWARE

IMPORTANT-READ CAREFULLY:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and CodeDrive for the software product identified above, which includes computer software 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 CodeDrive. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user 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 EULA.

Software PRODUCT LICENSE

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. This EULA grants you the following rights:

1.1 Applications Software.
You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE PRODUCT, or any prior version for the same operating system, under a single Internet or Intranet domain name in a production environment. This license does not allow the two copies to be installed on two production servers.

1.2 Development Use.
You may also install one copy of the SOFTWARE PRODUCT in a non-production environment that is not accessed by end-users.

1.3 Reservation of Rights.
All rights not expressly granted are reserved by CodeDrive.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

2.1 Not for Resale Software.
You may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT under any circumstances.

2.2 Modifications to the SOFTWARE PRODUCT.
You may not make modifications to the SOFTWARE PRODUCT, or decompile, disassemble, reverse engineer or modify the SOFTWARE or any portion of it.

2.3 Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one COMPUTER.

2.4 Trademarks.
This EULA does not grant you any rights in connection with any trademarks or service marks of CodeDrive.

2.5 Rental.
You may not rent, lease, or lend the SOFTWARE PRODUCT to other users.

2.6 Software Transfer.
The initial licensee of the SOFTWARE PRODUCT may not make any transfers of this EULA and SOFTWARE PRODUCT to a third party.

2.7 Termination.
Without prejudice to any other rights, CodeDrive 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 and all of its component parts.

3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by CodeDrive. 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. This EULA grants you no rights to use such content. SOFTWARE PRODUCT documentation is provided in electronic form. You may print one copy of such electronic documentation. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

4. DUAL-MEDIA SOFTWARE.
You may receive the SOFTWARE PRODUCT in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single COMPUTER. You may not RUN the other medium on another COMPUTER. You may not loan, rent, lease, or otherwise transfer the other medium to another user.

5. BACKUP COPY.
After installation of one copy of the SOFTWARE PRODUCT pursuant to this EULA, you may keep the original media on which the SOFTWARE PRODUCT was provided by CodeDrive solely for backup or archival purposes. If the original media is required to use the SOFTWARE PRODUCT on the COMPUTER, you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.

LIMITED WARRANTY

THE SOFTWARE PRODUCT IS SUPPLIED AND LISENCED "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. CodeDrive is not liable for the content of any web site powered by the SOFTWARE PRODUCT. The user must assume the entire risk of using the program. To the maximum extent permitted by applicable law, CodeDrive disclaims all warranties and conditions, either expressed 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.

DISCLAIMER OF DAMAGES

CodeDrive assumes no liability in case of 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 CodeDrive has been advised of the possibility of such damages.