Terms of Agreement:
IMPORTANT: READ CAREFULLY BEFORE YOU INSTALL OR USE THE BOÖTES AX7 BOUND GRID CONTROL: This End User License Agreement ("EULA") is a legal agreement between You ("You" and "Your" includes a person and/or an individual entity) and Boötes Systems SAS ("Boötes"). The Boötes AX7 Bound Grid Control ("Control") includes the object code, the associated media, any printed materials, any updates, and any "online" or electronic documentation, as applicable. By accessing, installing, copying or otherwise using the Control, You agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, Boötes is unwilling to license the Software to you. In such an event, You may not access, use or copy the Control. WRITTEN ASSENT IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS EULA.
Grant of License:
Subject to the terms and conditions of this agreement and payment of all applicable fees Boötes grants you a non-exclusive right to use the Control. Boötes also grants You the right to integrate the Control into Your end products. You may not subclass the Control into another Control that extends the Control's functionality. The duration of Your license is perpetual.
Updates/Upgrades Subscription Period:
Only for the duration of the subscription period You will be eligible to receive all major and minor updates for the Component that You have licensed.
Subscription Period Renewals:
You may purchase additional subscription periods as long as they are purchased before, or at a maximum of thirty (30) days after the subscription period has expired.
Depending on the type of license You have purchased you are entitled to: 5 support incidents within a year's time frame with a 48 hour response time, or 10 support incidents within a year's time frame with a 24 hour response time, or 20 support incidents within a year's time frame with a 24 hour response time. Boötes may at its sole discretion cancel or limit any support services if it is determined that Your support requests are excessive or beyond the scope of what we consider fair use. Response times do not include Saturdays, Sundays or holidays.
The Control is owned by Boötes, and is protected by international Copyright Laws and international treaty provisions. Therefore, you must treat the Control like any other copyrighted material (e.g. a book or musical recording) except that you may either make backup copies of the diskette or diskettes for archival purposes and/or transfer the software to a hard disk drive.
Should You decide to submit any materials to Boötes via electronic mail, through or to Boötes websites, or otherwise, whether as feedback, data, questions, comments, ideas, concepts, techniques, suggestions or the like, You agree that such submissions are unrestricted and shall be deemed non-confidential upon submission. You grant to Boötes a non-exclusive, royalty-free, worldwide, perpetual, irrevocable license, with the right to sublicense, to use, copy, transmit, distribute, create derivative works of, commercialize, display and perform such submissions.
You may not reverse engineer, decompile or otherwise disassemble the Control. You may not use, copy, modify, or transfer the Control or any copy in whole or in part except as expressly provided in this license agreement. Boötes reserves all rights not expressly granted.
Boötes warrants the Control will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt. Any implied warranties on the software component are limited to ninety (90) days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
Boötes entire liability and your exclusive remedy will be at the Boötes' option either (a) return of the price paid or (b) repair or replacement of the Control that is not covered under the terms of the limited warranty and is returned with a copy of the original sales receipt. The limited warranty is void if failure of the Control has resulted from abuse or misapplication. Any replacement of the Control shall be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
NO OTHER WARRANTIES: BOÖTES DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE COMPONENT, THE ACCOMPANYING WRITTEN MATERIALS, AND ANY ACCOMPANYING HARDWARE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL BOÖTES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE CONTROL EVEN IF BOÖTES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.