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A.04. LICENSE AGREEMENT — Ultimate Page Control Suite™ GENERAL LICENSE (UPCS GL)

  1. Possession of UPCS GL material (this software), in any form, part, or further embodiment thereof, however acquired, indicates your acceptance of the UPCS GL (LICENSE) terms, and that you agree to be bound by and comply with all of these UPCS GL terms.
  2. The singular person granted these licensed rights to UPCS GL material shall herein be referred to as the "UPCS GL PERSON."
  3. A person becomes a UPCS GL PERSON only by lawfully purchasing a UPCS GL from ADVANCE Information Systems.
  4. Each UPCS GL is non-transferable.
  5. An unlicensed person has not lawfully purchased UPCS GL material, and cannot lawfully possess UPCS GL material.
  6. According to these UPCS GL terms, any person authoring executable software code which processes UPCS GL objects, and any person operating upon UPCS GL objects in a visual development environment, requires a distinct UPCS GL to do so.
  7. UPCS GL PERSONs may install UPCS GL material to multiple systems, and may make archival copies of UPCS GL material for strictly their own purposes, provided that UPCS GL materials are used in strict accord with the UPCS GL, and further provided that separate installation fees are paid as required. The required fee for a separate installation shall herein be referred to as the "SEPARATE UPCS GL INSTALLATION FEE."
  8. No person may distribute UPCS GL material in a form capable of producing further software embodying UPCS GL material. (Further licenses are required to build software development tools with this material.)
  9. UPCS GL PERSONs may subclass/descend specialized classes for application development BY THE UPCS GL PERSON, and for joint application development involving ONLY further UPCS GL PERSONS.
  10. It is understood that ADVANCE Information Systems has engaged in the development of UPCS GL material at substantial cost and by substantial labor, with the intention of being compensated for the valuable usage of applicable licensed material according to the very terms of this UPCS GL.

APPLICABLE MATERIAL

  1. The underlying functionality, and the knowledge of the underlying functionality of UPCS GL material, remain the intellectual property of ADVANCE Information Systems, Incorporated.
  2. The applicable UPCS GL material is Ultimate Page Control Suite™.

RIGHTS CONFERRED BY THE UPCS GL

  1. UPCS GL PERSONs may author unlimited applications with UPCS GL material.
  2. UPCS GL PERSONs may install UPCS GL material to multiple systems, and may make archival copies of UPCS GL material for strictly their own purposes, provided that UPCS GL materials are used in strict accord with the UPCS GL, and further provided that SEPARATE UPCS GL INSTALLATION FEEs are paid as required.
  3. UPCS GL PERSONs may subclass/descend specialized classes for application development BY THE UPCS GL PERSON, and for joint application development involving ONLY further UPCS GL PERSONS.
  4. ANY AND ALL RIGHTS CONFERRED HEREIN CEASE UPON VIOLATION OF THESE UPCS GL TERMS.

VIOLATIONS OF THE UPCS GL LICENSE

  1. UPCS GLs are non-transferable.
  2. No one may lawfully possess UPCS GL material except by purchase of and compliance with a UPCS GL.
  3. No person may distribute UPCS GL material in a form capable of producing further software embodying UPCS GL material. (Further licenses are required to build software development tools with this material.)
  4. No one may translate, reverse engineer, decompile, or disassemble UPCS GL material.
  5. No one may distribute UPCS GL material but ADVANCE Information Systems, Incorporated.
  6. No one may rent, lease, or assign UPCS GL material.
  7. Inherently, no right exists either to produce or to use applications developed in violation of UPCS GL terms.
  8. All patents, copyrights, trademarks, trade secrets and other rights are and shall remain the property of ADVANCE Information Systems, Incorporated, or shall remain the property of parties from whom ADVANCE Information Systems, Incorporated licenses any such rights. All rights of any kind which are not expressly granted by this license are entirely and exclusively reserved to and by ADVANCE Information Systems, Incorporated, or to the respective holders of said rights.

LIMITATION OF WARRANTIES AND LIABILITY

  1. All materials provided by ADVANCE Information Systems, Incorporated, including but not limited to this UPCS GL material, are provided to you "as is," without warranty of any kind.
  2. Neither ADVANCE Information Systems, Incorporated, its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, nor anyone else who has been involved in the creation, production or delivery of any materials provided by ADVANCE Information Systems, Incorporated, including but not limited to UPCS GL material, shall be liable for any indirect, consequential, incidental or punitive damages (including damages for loss of business profits, business interruption, loss of business information, and the like) arising out of the use or inability to use such materials, even if ADVANCE Information Systems, Incorporated has been advised of the possibility of such damages.

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