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Single Individual Source License Agreement for Custom Native

I agree to the following terms and conditions by clicking on the I AGREE button below:

DEFINITIONS: For the purpose of this Source License Agreement for Custom Native, the following definitions are valid:

The term Software refers to DeNova's C/C++ wrapper programs that create native installers in any form (source code, object code, byte code, or other). The Software is the sole property of DeNova and protected by International Copyright Law, such as the Revised Berne Convention and the US Copyright Act.

Source Code means all C and C++ source files that DeNova developed and adapted to create the install, unzipsfx, and unzipx programs distributed with JExpress. The Source Code explicitly does not include any Java code.

The Licensee is the organization or individual that purchases the Source License Agreement for Custom Native.

A Competing Product is a software package which can produce installers, updaters, or uninstallers.

A Developer is an individual who already has a Single User License to JExpress and has registered that license with DeNova.

PURPOSE: This is a non-exclusive, non-transferable, non-sublicensable license to the Source Code. DeNova agrees to provide the Source Code to Licensee subject to the terms of this agreement. The Licensee may modify any of the Source Code to make native installers operate as they would like. Licensee may not use the Software for any purpose other than stated in this license.

The Licensee may redistribute any executable programs, without debugging information, that you generate from the source code as part of your JExpress installer files, royalty free, under the JExpress Single Individual License. The Licensee may not distribute any of the source code or interim files, i.e., object files, under any circumstances. Furthermore, the Licensee may not distribute the executable programs with any other product, including products you create or created by any third party, other than DeNova's JExpress package.

LICENSE: DeNova agrees to provide the Source Code to Licensee. Licensee may designate one (1) Developer as the sole user authorized to access the Source Code. After Licensee verifies that the designated Developer already has a valid Single User License to the binary version of JExpress and that the Developer agrees to be bound by all the terms and conditions of this Agreement, Licensee shall notify DeNova in writing of the name and e-mail address of the Developer. If a designated Developer leaves the organization or is transferred from the department, Licensee may change the Developer after notifying DeNova of the transfer. The Source Code may be used only by the designated Developer. The Developer may install and use one copy of the Source Code on any computer system the Developer operates, as long as the Developer can be sure that s/he is the sole user and that s/he only has the Source Code on one machine at a time. DISTRIBUTION: The binary file(s) that result from the JExpress Custom Native source and its derivatives may be distributed only in accordance with DeNova's JExpress Single Individual License Agreement. The Licensee agrees not to attempt to reverse engineer, decompile, disassemble, reverse translate or in any other manner decode the computer programs and libraries comprising JExpress.

CONFIDENTIALITY: The Licensee acknowledges that the Source Code and the algorithms received through this Agreement are critical to the operation of DeNova. The Licensee agrees to keep the Source Code, algorithms, concepts, and samples that DeNova supplies under this Agreement confidential for a period of five (5) years from the date of the Agreement. The Licensee further agrees not to disclose the Source Code or its algorithms to any third party for any reason.

NON-COMPETITION: The Licensee acknowledges that they are not now and do not plan to develop Competing Products. The Licensee agrees not to use the Source Code, binaries, its algorithms, or any information learned from the Source Code in any Competing Product.

COPYRIGHT: The Licensee agrees to leave DeNova's copyright notice in the Source Code, on the distributable binaries, and on any works derived from Software.

TERMINATION: DeNova may terminate Licensee's license if the Licensee fails to comply with any of the terms and conditions of this Agreement. On termination all copies of the Software and all of its component parts must be destroyed.

UPDATES: DeNova will make available to Licensee the Source Code corresponding to any updates to the Source Code released by DeNova during the six months following the effective date of this agreement. Licensee is responsible to integrate any updates to the Source Code into modified versions that the Licensee has developed.

DELIVERY: Software and any updates will be delivered electronically from DeNova's web site. Licensee acknowledges delivery by downloading.

SUPPORT: DeNova will provide e-mail support to the Developer for general questions about the Source Code for six months after the Effective Date. DeNova is not responsible for developing or debugging code.

NOTICES: Notices under this Agreement will be sent via e-mail. Both parties agree to notify the other party one week before their e-mail address changes. DeNova's e-mail address is sales

HIGH RISK ACTIVITIES: The Software 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 could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). DeNova and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

DISCLAIMERS: The Software is provided "as is" without any warranty of any kind, either expressed or implied. In no event will DeNova be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential or other damages.

GOVERNMENT RESTRICTIONS: Use, duplication, or disclosure by the U.S. Government is subject to restriction as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (if DoD) or 52.227.19 (a) through (d) and restrictions in this License Agreement (if Civilian Agency). The manufacturer is DeNova.

LAWS: If the Licensee is located in the United States, this Agreement will be construed, interpreted, and governed by the laws of the State of Georgia.

Effective Date: The Effective Date of this Agreement is the date the Developer receives access to the source code at DeNova's web site.

 

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