| Wing IDE Reference Manual | |
Version 1.1.10 |
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This End User License Agreement (EULA) is a CONTRACT between you (either
an individual or a single entity) and Archaeopteryx Software,
Inc. (Archaeopteryx), which covers your use of either "Wing IDE Standard"
or "Wing IDE Professional" and related software components. All such
software is referred to herein as the "Software Product." A software
license and a license key or serial number ("Software Product License"),
issued to a designated user only by Archaeopteryx or its authorized
agents, is required for each concurrent user of the Software Product. If
you do not agree to the terms of this EULA, then do not install or use
the Software Product or the Software Product License. By explicitly
accepting this EULA you are acknowledging and agreeing to be bound
by the following terms:
1. EVALUATION LICENSE WARNING
This Software Product can be used in conjunction with a free evaluation
Software Product License. If you are using such an evaluation Software
Product License, you may use the Software Product only to evaluate its
suitability for purchase. Evaluation Software Product Licenses have an
expiration date and most of the features of the software will be disabled
after that date. ARCHAEOPTERYX BEARS NO LIABILITY FOR ANY DAMAGES
RESULTING FROM USE (OR ATTEMPTED USE AFTER THE EXPIRATION DATE) OF THE
SOFTWARE PRODUCT, AND HAS NO DUTY TO PROVIDE ANY SUPPORT BEFORE OR AFTER
THE EXPIRATION DATE OF AN EVALUATION LICENSE.
2. GRANT OF NON-EXCLUSIVE LICENSE
Archaeopteryx grants the non-exclusive, non-transferable right for a
single user to use this Software Product on a single operating system per
license purchased. Each additional concurrent user of the Software
Product, or each additional operating system where the product is used,
requires an additional Software Product License. This includes operating
systems on which the Software Product is compiled from source code by the
user.
Archaeopteryx grants you the right to modify, alter, improve, or
enhance the Software Product without limitation, except as described
in this EULA.
Although rights to modification of the Software Product are granted by
this EULA, you may not tamper with, alter, or use the Software Product
in a way that disables, circumvents, or otherwise defeats its built-in
licensing verification and enforcement capabilities. The right to
modification of the Software Product also does not include the right to
remove or alter any trademark, logo, copyright or other proprietary
notice, legend, symbol or label in the Software Product.
You may at your discretion distribute patch files containing any
modifications or improvements made to the Software Product, other than
those that are aimed at disabling or circumventing its built-in license
verification capabilities, or that result in the removal or alteration
of any trademark, logo, copyright, or other proprietary notice, legend,
symbol or label in the Software Product. This right does not include
the right to distribute substantial portions of the original source, where
distribution rights are limited to contextual information normally
existing in software patch files.
You may at your discretion designate license terms, open source or
otherwise, for all modifications or improvements made by you.
Archaeopteryx has no special rights to any such modifications or
improvements.
You may make copies of the Software Product as reasonably necessary for
its use. Each copy must reproduce all copyright and other proprietary
rights notices on or in the Software Product.
You may install each Software Product License on a single computer system.
A second installation of the same Software Product License may be made
on one other computer system, so long as both copies of the same Software
Product License never come into concurrent use. You may also make copies of
the Software Product License as necessary for backup and/or archival
purposes. Backup and archival copies may not come into active use,
together with the Software Product, for any purpose. No other copies
may be made. Each copy must reproduce all copyright and other proprietary
rights notices on or in the Software Product License. You may not modify
or create derivative copies of the Software Product License.
All rights not expressly granted to you are retained by Archaeopteryx.
3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY ARCHAEOPTERYX
The Software Product is owned by Archaeopteryx and is protected by United
States and international copyright laws and treaties, as well as other
intellectual property laws and treaties. You must not remove or alter any
copyright notices on any copies of the Software Product. This Software
Product copy is licensed, not sold. You may not use, copy, or distribute
the Software Product, except as granted by this EULA, without written
authorization from Archaeopteryx or its designated agents. Furthermore,
this EULA does not grant you any rights in connection with any trademarks
or service marks of Archaeopteryx. Archaeopteryx reserves all
intellectual property rights, including copyrights, and trademark rights.
4. NO RIGHT TO TRANSFER
You may not rent, lease, lend, or in any way distribute or transfer any
rights in this EULA or the Software Product to third parties without
Archaeopteryx's written approval, and subject to written agreement by the
recipient of the terms of this EULA.
5. INDEMNIFICATION
You hereby agree to indemnify Archaeopteryx against and hold harmless
Archaeopteryx from any claims, lawsuits or other losses that arise out of
your breach of any provision of this EULA.
6. THIRD PARTY RIGHTS
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. This license does not apply to those portions
of the Software Product. Copies of these third party licenses are included
in all copies of the Software Product.
7. SUPPORT SERVICES
Archaeopteryx may provide you with support services related to the
Software Product. Use of any such support services is governed by
Archaeopteryx policies and programs described in online documentation
and/or other Archaeopteryx-provided materials.
As part of these support services, Archaeopteryx may make available bug
lists, planned feature lists, and other supplemental informational
materials. ARCHAEOPTERYX MAKES NO WARRANTY OF ANY KIND FOR THESE
MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM
ANY USE OF THESE MATERIALS. FURTHERMORE, YOU MAY NOT USE ANY MATERIALS
PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE AGAINST ARCHAEOPTERYX.
Any supplemental software code or related materials that Archaeopteryx
provides to you as part of the support services, in periodic updates to
the Software Product or otherwise, is to be considered part of the
Software Product and is subject to the terms and conditions of this
EULA.
With respect to any technical information you provide to Archaeopteryx as
part of the support services, Archaeopteryx may use such information for
its business purposes without restriction, including for product support
and development. Archaeopteryx will not use such technical information in
a form that personally identifies you without first obtaining your permission.
9. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS
Archaeopteryx may terminate this EULA if you fail to comply with any term
or condition of this EULA. In such event, you must destroy all copies of
the Software Product and Software Product Licenses.
10. U.S. GOVERNMENT USE
If the Software Product is licensed under a U.S. Government contract, you
acknowledge that the software and related documentation are "commercial
items," as defined in 48 C.F.R 2.01, consisting of "commercial computer
software" and "commercial computer software documentation," as such
terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also
acknowledge that the software is "commercial computer software" as
defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and
entities and others acquiring under a U.S. Government contract shall
have only those rights, and shall be subject to all restrictions,
set forth in this EULA. Contractor/manufacturer is Archaeopteryx
Software, Inc., P.O. Box 1937, Brookline MA 02446-0016, USA.
11. EXPORT RESTRICTIONS
You will not download, export, or re-export the Software Product, any part
thereof, or any software, tool, process, or service that is the direct
product of the Software Product, to any country, person, or entity -- even
to foreign units of your own company -- if such a transfer is in violation
of U.S. export restrictions.
12. NO WARRANTIES
YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS," AND
ARCHAEOPTERYX AND ITS THIRD PARTY SUPPLIERS AND LICENSORS MAKE NO WARRANTY
AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, ARCHAEOPTERYX AND ITS THIRD PARTY SUPPLIERS AND
LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS,
EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,
IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE
RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS
WITH YOU.
13. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW. IN NO EVENT SHALL ARCHAEOPTERYX OR ITS THIRD PARTY
SUPPLIERS AND LICENSORS BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR
SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION)
ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE
PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF ARCHAEOPTERYX
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,
ARCHAEOPTERYX'S, AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS', ENTIRE
LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE LESSER OF THE
AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR THE PRODUCT LIST
PRICE; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO AN ARCHAEOPTERYX
SUPPORT SERVICES AGREEMENT, ARCHAEOPTERYX'S ENTIRE LIABILITY REGARDING
SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
14. HIGH RISK ACTIVITIES
The Software Product 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 the Software Product, or any software,
tool, process, or service that was developed using the Software Product,
could lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). Accordingly, Archaeopteryx
and its suppliers and licensors specifically disclaim any express or
implied warranty of fitness for High Risk Activities. You agree that
Archaeopteryx and its suppliers and licensors will not be liable for any
claims or damages arising from the use of the Software Product, or any
software, tool, process, or service that was developed using the Software
Product, in such applications.
15. GOVERNING LAW; ENTIRE AGREEMENT ; DISPUTE RESOLUTION
This EULA is governed by the laws of the Commonwealth of Massachusetts,
U.S.A., excluding the application of any conflict of law rules. The
United Nations Convention on Contracts for the International Sale of
Goods shall not apply.
This EULA is the entire agreement between Archaeopteryx and you, and
supersedes any other communications or advertising with respect to the
Software Product; this EULA may be modified only by written agreement
signed by authorized representatives of you and Archaeopteryx.
Unless otherwise agreed in writing, all disputes relating to this
EULA (excepting any dispute relating to intellectual property rights)
shall be subject to final and binding arbitration in the State of
Massachusetts, in accordance with the Licensing Agreement Arbitration
Rules of the American Arbitration Association, with the losing party
paying all costs of arbitration. Arbitration must be by a member
of the American Arbitration Association. If any dispute arises
under this EULA, the prevailing party shall be reimbursed by the
other party for any and all legal fees and costs associated therewith.
16. GENERAL
If any provision of this EULA is held invalid, the remainder of this
EULA shall continue in full force and effect.
A waiver by either party of any term or condition of this EULA
or any breach thereof, in any one instance, shall not waive such term or
condition or any subsequent breach thereof.
17. OUTSIDE THE U.S.
If you are located outside the U.S., then the provisions of this Section
shall apply. Les parties aux présentes confirment leur volonté que cette
convention de même que tous les documents y compris tout avis qui s'y
rattache, soient redigés en langue anglaise. (translation: "The parties
confirm that this EULA and all related documentation is and will be
in the English language.") You are responsible for complying with any
local laws in your jurisdiction which might impact your right to import,
export or use the Software Product, and you represent that you have
complied with any regulations or registration procedures required by
applicable law to make this license enforceable.
18. TRADEMARKS
The following are trademarks or registered trademarks of Archaeopteryx:
Archaeopteryx, Wing IDE, Wing IDE Lite, Wing IDE Standard, Wing IDE
Professional, Wing IDE Enterprise, Wing Debugger, and "Take Flight!".
19. CONTACT INFORMATION
If you have any questions about this EULA, or if you want to contact
Archaeopteryx for any reason, please direct all correspondence to:
Archaeopteryx Software, Inc., P.O. Box 1937, Brookline, MA 02446-0016,
United States of America or send email to info@archaeopteryx.com.