OnnX, INC. LICENSE AGREEMENT
This is a legal agreement between you (either an individual or an entity)
and OnnX, Inc. ("OnnX "). By installing
the enclosed software, you are agreeing to be bound by the terms of this
Agreement. If you do not agree to the terms of this Agreement, promptly
return the software and the accompanying items (including written materials
and binders or other containers) to the place you obtained them for a
full refund. If you need to return the software, you must prepay shipping
and either insure the package or assume all risk of loss or damage in
transit.
OnnX SOFTWARE LICENSE
- GRANT OF LICENSE TO USE. The OnnX product that accompanies this license is referred to herein as
"SOFTWARE." OnnX Inc ("OnnX ") grants to you as an individual, a personal, non-exclusive
license to make and use the SOFTWARE for the sole purpose of designing, developing, and testing your
software product(s). OnnX grants to you the limited right to use only one copy of the Software on a
single computer in the manner set forth in this agreement. If you are an entity, OnnX grants you the right
to designate one individual within your organization to have the right to use the SOFTWARE in the manner provided
above. OnnX reserves all rights not expressly granted.
- SUBSCRIPTION UPDATES. Upon receipt of future subscription updates of the SOFTWARE (an "UPDATE"),
you may use or transfer the UPDATE only in conjunction with your then-existing SOFTWARE. The SOFTWARE and
all UPDATES are licensed as a single product, and the UPDATES may not be separated from the SOFTWARE for
use by more than one user at any time.
- COPYRIGHT. The SOFTWARE is owned by OnnX or its suppliers and is protected by United States
copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other
copyrighted material (e.g., a book or musical recording). You may not use or copy the SOFTWARE or any
accompanying written materials for any purposes other than what is described in this Agreement.
- OTHER RESTRICTIONS. You may not rent or lease the SOFTWARE, but you may transfer the SOFTWARE
and accompanying written materials on a permanent basis, provided you retain no copies and the recipient agrees to the
terms of this Agreement. You may not reverse-engineer, decompile, or disassemble the SOFTWARE except to the
extent such foregoing restriction is expressly prohibited by applicable law.
- SAMPLE CODE. The location of Sample Code is specifically identified in the LICENSE.TXT text file on the
Setup disk. In addition to the rights granted in section 1, OnnX grants you the right to use and modify the source
code version of the included Sample Code for the sole purpose of designing, developing, and testing your software
products, and to reproduce the sample code, along with any modifications thereof, only in object-code form, provided
that you comply with Section 7.
- REDISTRIBUTABLE CODE. In addition to the rights granted in Section 1, OnnX grants you additional
rights to the SOFTWARE designated as "Redistributable Code". The Redistributable Code files, if any, and the rights
associated with each of them, subject to Section 7, are identified in the text files in the \LICENSE sub-directory of the
installation directory of this product.
- DISTRIBUTION REQUIREMENTS. You are authorized to redistribute the Sample Code and/or
Redistributable Code, (collectively "REDISTRIBUTABLE COMPONENTS") as described in Sections 5 and 6
above, only if you (a) distribute them in conjunction with and as part of your software product that adds primary and
significant functionality to the REDISTRIBUTABLE COMPONENTS ; (b) do not permit further redistribution of the
REDISTRIBUTABLE COMPONENTS by your end-user customers ; (c) do not use OnnX ’s name, logo, or
trademarks to market your software application product ; (d) include a valid copyright notice on your software product
; (e) include OnnX ’s copyright notice near every occurrence of your own copyright notice on the product ; and
(f) agree to indemnify, hold harmless, and defend OnnX from and against any claims or lawsuits, including
attorney’s fees, that arise or result from the use or distribution of your software product. OnnX reserves all
rights not expressly granted. The license in this section to distribute REDISTRIBUTABLE COMPONENTS is
royalty-free, provided that you do not make any modifications to any of the REDISTRIBUTABLE COMPONENTS.
Contact OnnX for the applicable royalties due and other licensing terms for all other uses and/or distribution of
the REDISTRIBUTABLE COMPONENTS.
- EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or
indirectly, export or transmit (a) the SOFTWARE or related documentation and technical data or (b) your software
products as described in Section 7 of this Agreement (or any part thereof), or any process or service that is the direct
product of the SOFTWARE to any country to which such export or transmission is restricted by any applicable U.S.
regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S.
Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
LIMITED WARRANTY
NO WARRANTIES. OnnX expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and
any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without
limitation, the implied warranties or merchantability or fitness for a particular purpose. The entire risk arising out of use
or performance of the SOFTWARE remains with you.
CUSTOMER REMEDIES. OnnX ’s entire liability and your exclusive remedy shall not exceed the price paid
for the SOFTWARE.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall OnnX or its suppliers be liable
for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruptions,
loss of business information, or any other pecuniary loss) arising out of the use or inability to use this OnnX
product, even if OnnX has been advised of the possibility of such damages. Because some states/jurisdictions
do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not
apply to you.
This Agreement is governed by the laws of the State of Nevada.
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