End-User License Agreement
Neoforce Controls
Copyright (c) by Tom Shane
IMPORTANT - READ CAREFULLY: This Neoforce Controls ("NEOFORCE") End-User License Agreement ("EULA") is a legal agreement between you, a developer of software applications, ("Developer End User") and Tom Shane for Neoforce Controls product and source code included in the installation package.
Tom Shane grants to you as an individual, a personal, nonexclusive license to install and use NEOFORCE for the sole purposes of designing, developing, testing, and deploying application programs which you create. By installing, copying, or otherwise using NEOFORCE, you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THIS PRODUCT.
NEOFORCE in its binary form is free for non-commercial and commercial use. Skin files in its binary or source form can be freely used, modified and distributed.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for NEOFORCE is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any Tom Shane intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
1. GRANT OF LICENSE
This EULA, if legally executed as defined herein, licenses and so grants the single individual Developer End User the following rights:
NEOFORCE - Developer End User may install and use NEOFORCE on a single computer. Developer End User may also install and use NEOFORCE on a portable computer.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, create derivative works, translate, or disassemble NEOFORCE, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of NEOFORCE or any of its constituent parts and redistributables to the fullest extent of all applicable local and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
3. SEPARATION OF COMPONENTS
NEOFORCE is licensed as a single product. NEOFORCE and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code included with NEOFORCE, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All Tom Shane libraries, source code, redistributables and other files remain Tom Shane's exclusive property. You may not distribute any files, except those that Tom Shane has expressly designated as Redistributable.
4. RENTAL
You may not rent, lease, or lend NEOFORCE.
5. TRANSFER
You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity without prior written approval from Tom Shane. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or other files of NEOFORCE (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed Developer End User have the right to use the libraries, redistributables, or other files of NEOFORCE (or any portions thereof) for developing programs created with NEOFORCE. In particular, you may not share copies of the Redistributables with other co-developers.
6. ROYALTY FREE REDISTRIBUTION
NEOFORCE may include certain files ("Redistributable(s)") intended for distribution by you to the users of software applications which you create. Redistributables include, for example, those files preselected for deployment by an install utility provided with NEOFORCE (if any). In all circumstances, the Redistributables for NEOFORCE are only those files specifically designated as such by Tom Shane.
Subject to all of the terms and conditions in this EULA, you may reproduce and distribute copies of the Redistributables, provided that such copies are made from the original copy of the Redistributables included with NEOFORCE or modified versions of the Redistributables which are provided to you by Tom Shane or those which you create. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this EULA that you have created using NEOFORCE.
The following file(s) are considered redistributables under this EULA:
TomShane.Neoforce.Controls.dll
TomShane.Neoforce.Controls.360.dll
AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR SOFTWARE COMPONENT PRODUCT(S) THAT DIRECTLY OR INDIRECTLY COMPETES WITH NEOFORCE WHICH UTILIZES ALL OR ANY PORTION OF NEOFORCE contained within this installation.
Distribution by the Developer End User of any design-time tools (EXE's or DLL's), executables, and source code distributed to Developer End User by Tom Shane as part of NEOFORCE and not explicitly identified as a redistributable file is strictly prohibited. The Developer End User shall not develop software applications that provide an application programming interface to NEOFORCE or NEOFORCE as modified.
The Developer End User may NOT distribute NEOFORCE, in any format, to other users for development or application compilation purposes. Specifically, if Developer End User creates a control using NEOFORCE as a constituent control, Developer End User may NOT distribute the control created with NEOFORCE (in any format) to users to be used at design time and or for ANY development purposes.
Developer End User MAY NOT REDISTRIBUTE any NEOFORCE files if using an evaluation, trial or demo version of NEOFORCE.
7. COPYRIGHT
All source code and Redistributables in NEOFORCE are owned by Tom Shane. NEOFORCE is protected by copyright laws and international treaty provisions and therefore, you must treat NEOFORCE like any other copyrighted material except that you may install NEOFORCE as described in this EULA.
8. DISCLAIMER OF WARRANTY
Tom Shane expressly disclaims any warranty for NEOFORCE. NEOFORCE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Tom Shane DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF NEOFORCE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF NEOFORCE REMAINS WITH YOU. No oral or written information or advice given by Tom Shane shall create a warranty or in any way increase the scope of this warranty.
9. LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, in no event shall Tom Shane 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 NEOFORCE or the provision of or failure to provide Support Services, even if Tom Shane has been advised of the possibility of such damages.
Developer End User understands that NEOFORCE may produce inaccurate results because of a failure or fault within NEOFORCE or failure by Developer End User to properly use and or deploy NEOFORCE. Developer End User assumes full and sole responsibility for any use of NEOFORCE, and bears the entire risk for failures or faults within NEOFORCE. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND TOM SHANE'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL TOM SHANE'S LIABILITY EXCEED THE PRICE PAID TO TOM SHANE FOR NEOFORCE. This Limited Warranty is void if failure of NEOFORCE has resulted from accident, abuse, alteration, unauthorized use or misapplication of NEOFORCE.
10. INDEMNIFICATION
You hereby agree to indemnify Tom Shane from each and every demand, claim, loss, liability, or damage of any kind, including actual attorneys fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and NEOFORCE included herein.
11. SUPPORT SERVICES
Tom Shane may provide you with support services related to NEOFORCE ("Support Services"). Support for NEOFORCE is provided by e-mail or on the official forum.
12. TERMINATION
Without prejudice to any other rights or remedies, Tom Shane will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of NEOFORCE and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in NEOFORCE developed by you, whether in native, altered or compiled state.
13. MISCELLANEOUS
EULA gives you specific legal rights. You may have others that vary from state to state and from country to country.
This EULA may only be modified in writing signed by you and Tom Shane. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
Tom Shane reserves all rights not specifically granted in this EULA.
ACKNOWLEDGEMENTS. Developer End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Should you have any questions concerning this EULA, or if you desire to contact Tom Shane for any reason, please contact us at the address neoforce@tomshane.cz.