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Please Read the License Agreement for FinalBuilder before using = this software.
FinalBuilder End User Licence Agreement Copyright =C2=A9 2000-2021 VSoft= Technologies Pty Ltd All Rights Reserved.
VSoft Technologies Pty Ltd End User License Agreement= p>
This software end user license agreement ("EULA") is a legal agreement b= etween you (either an individual or a single entity) and VSoft Technologies= Pty Ltd (VSoft). Read this document carefully before completing the instal= lation process and using the Software. It provides a license to use the Sof= tware and contains warranty information and liability disclaimers. By insta= lling, copying, or otherwise using the Software, you are confirming your ac= ceptance of this EULA and agreeing to become bound by the terms and conditi= ons of this license agreement. If you do not agree with the terms of this E= ULA, do not install or use the Software.
This EULA covers the following software products: FinalBuilder, FinalBui= lder Server and FinalBuilder ActionStudio, herein referred to as the S= oftware.
FinalBuilder also incorporates binary files provided by Microsoft Corpor= ation, herein referred to as IronPython files. These files are contained wi= thin the IronPython subdirectory of the FinalBuilder program directory. The= IronPython files are explicitly not covered by this EULA. Microsoft provid= es the IronPython files under the license described in the =E2=80=9CLicense= .html=E2=80=9D file, found in the IronPython subdirectory.
1. Copyright and Ownership
This Software is owned by VSoft Technologies Pty Ltd and is protected by= copyright laws and international copyright treaties. Therefore, you must t= reat the Software like any other copyrighted material except that you may m= ake one copy of the Software solely for backup or archival purposes.
2. Definitions
Virtual Machine - a single instance of an operating system running in a = "virtualized" computer that is treated identically to a physical machine in= respect to licensing of the Software.
Site - all of the licensing organisation's locations within a 10km (6 mi= le) radius.
3. Grant of License
The licenses granted in this section are subject to the terms and condit= ions set forth in this EULA. Upon acceptance of this Agreement, VSoft grant= s you a non-exclusive, non-transferable, limited license to install and use= the Software. You may install and use the Software as permitted by the lic= ense type purchased as described below in License Types. The license type p= urchased is specified in the payment receipt and is also displayed in the A= bout dialog in the Software.
4. License Types
4.1 Named User/Build Machine License: Under the terms o= f a Named User/Build Machine License, either one Named User or one Build Ma= chine is permitted to use the Software.
A Named User is a specific individual designated by you to use the Softw= are. The individual may install the software on a desktop development machi= ne and notebook computer; however, they are the only entity, human or machi= ne, permitted to use the software. If more than one entity is required to u= se the software, then a Floating license is required.
A Build Machine is a non-human operated device that utilizes the Softwar= e, for example, a computer running triggered or scheduled builds. The build= machine is the only entity the software may be installed on; however, a si= ngle user can remotely login to the machine to use the software. If m= ore than one user is required to log into the machine then a Floating licen= se is required.
A Named User/Build Machine License may not be used concurrently on diffe= rent computers or by different entities. Only Professional edition Named Us= er/Build Machine licenses permit the named user to install and access Final= Builder Server.
4.2 Floating User License: Under the terms of a Floatin= g User License, you may distribute and install internally within one Site i= n your organisation up to 10 copies of the Software for each Floating User = License. However, the number of users accessing or using the Software simul= taneously must not exceed the number of Floating User Licenses purchased fo= r such use. Only Professional edition Floating User licenses permit you to = install and access FinalBuilder Server.
4.3 Site License: Under the terms of a Site License, yo= u may distribute and install an unlimited number of copies of the Software = within once specified Site in your organisation. An unlimited number of use= rs may access the Software simultaneously within the specified Site. Only P= rofessional edition Site licenses permit you to install and access FinalBui= lder Server.
4.4 Server License: a Server License is included with a= ll Professional edition licenses. Under the terms of a Server License, you = may install and use the Server Software on an unlimited number of machines.= The Server Software requires a Professional Named, Floating or Site licens= e to the Software. User accounts for the Server Software are limited to the= number of Server User licenses.
4.5 Server User License: Under the terms of a Server Us= er License, one individual is permitted to use the Server Software through = a named account. Each user license is for use by only one specific individu= al. Licenses can be transferred to a different individual; however, they ca= nnot be used concurrently by multiple individuals.
4.6 Trial License: Under the terms of a Trial License y= ou may use the Software for Evaluation purposes only. You may use the Softw= are to test whether it meets your requirements. The Software is equipped wi= th a mechanism that prevents the usage of the Software after a certain peri= od of time has elapsed. You agree that you will delete the Software from al= l computers systems to which you have installed it when this date has been = reached, or purchase a license to allow you to continue using the Software.=
4.7 Not For Resale License (NFR): Under the terms of a = Not For Resale License the Software may be installed and used by the licens= ed user only for the purpose of reviewing or evaluating the Software. Not F= or Resale Licenses may not be used for commercial, professional, or for-pro= fit purposes.
5. License Restrictions
The following license restrictions apply, except to the extent where con= trary to applicable law.
5.1 The Software product is licensed, not sold. You are not obtaining ti= tle to the Software or any copyrights. You may not sublicense, rent, lease,= convey, modify, translate, convert to another programming language, decomp= ile, reverse engineer, or disassemble the Software for any purpose.
5.2 The Software is licensed as a single product. The Software may not b= e separated for use on more than one computer.
5.3 You may not transfer your rights or license to another person or ent= ity without written permission from VSoft.
5.4 VSoft may terminate this EULA if you fail to comply with the terms a= nd conditions of this EULA and you must destroy all copies of the Software.=
5.5 The Software License key file may not be distributed, modified or de= crypted.
6. License Enforcement and Software Updates
6.1 The Software may utilise your internal network connection to prevent= intentional or unintentional violation of your license agreement by commun= icating with other running instances of the Software.
6.2 The Software may utilise your Internet connection for the purposes o= f determining if a new version of the Software is available. No personal de= tails or license information is transmitted during this process.
7. Disclaimer of Warranty
THIS SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, E= ITHER EXPRESSED OR IMPLIED INCLUDING BUT NOT LIMITED TO THE APPLIED WARRANT= IES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME = THE ENTIRE RISK AS TO THE ACCURACY AND THE USE OF THE SOFTWARE AND ALL OTHE= R RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE AND DOCUMENTA= TION. VSOFT DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERAT= E WITHOUT INTERRUPTION. THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED = FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING W= ITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NU= CLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC= CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. VSOFT SPECIFICALLY DISCLAIMS= ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSE.
8. Limitation of Liability
VSOFT SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE = USE OF OR INABILITY TO USE THIS SOFTWARE, EVEN IF VSOFT HAS BEEN ADVISED OF= THE POSSIBILITY OF SUCH DAMAGE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICA= BLE LAW, IN NO EVENT SHALL VSOFT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTA= L, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER, INCLUD= ING BUT NOT LIMITED TO DAMAGES OR LOSS OF BUSINESS PROFITS, BUSINESS INTERR= UPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, EVEN IF VSOF= T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/= JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CON= SEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY. VSOFT= =E2=80=99S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEV= ER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED S= UCH DAMAGE.
9. Marketing
You agree to be identified as a customer of VSoft and agree that VSoft m= ay refer to you by name, trade name and trademark, if applicable, and may b= riefly describe your business in VSoft's marketing materials and web site. = You hereby grant VSoft a license to use your name and any of your trade nam= es and trademarks solely in connection with the rights granted to VSoft pur= suant to this marketing section.
If this clause breaches your company policy or you do not wish to be bou= nd by this clause, VSoft are happy to remove it upon request.
10. General
This Agreement is governed by the laws of the Australian Capital Territo= ry, Australia. If any provision of this Agreement is invalid or unenforceab= le, that provision shall be enforced to the maximum extent permissible, to = give effect to the parties' intention, and the other provisions shall conti= nue in full force and effect. You acknowledge that this license constitutes= the entire agreement between the parties, and supersedes any proposal, rep= resentation or prior agreement, oral or written, and any other communicatio= ns. If this Software was acquired outside Australia, then local laws may ap= ply.
Should you have any questions concerning this EULA, or if you desire to = contact VSoft for any reason, please contact us directly: Postal: PO Box 12= 6, Erindale Centre, ACT 2903 Email: sales@finalbuilder.com