Hexillion license agreement

This is a License agreement between the User (either an individual or an entity), and Hexillion Technologies ("Hexillion") regarding the use of certain ActiveX components, "the Software," which accompanies it.

  1. Term
    The term of this License begins on the date User installs, copies or uses the Software and continues until terminated under the conditions prescribed in this License.
  1. Description of the Software
    This Software consists of computer program routines which are designed to be components of software applications. These components are licensed to the user for incorporation into software applications developed by the User. The extent of User's ability to redistribute the Software is controlled by the extent of the License between User and Hexillion.
  1. Intellectual Property
    The Software is the intellectual property of Hexillion. It is protected by copyright laws and international copyright treaties. The Software is licensed, not sold, and is not in the public domain. Any rights not explicitly granted under this License are reserved to Hexillion. This License defines the terms on which the User may use the Software. If you copy or install the Software on a computer or otherwise use it, you are a User and agree to be bound by the terms of this License. If you do not agree, do not install, copy or use the Software. This License to the User is not exclusive.
  1. Grant of License
    The User may use the Software either for Evaluation without paying a license fee or under Extended Use for a license fee. Under Extended Use, several distinct kinds of uses may be allowed and each is defined in a distinct Supplementary License whose terms are in addition to those contained herein.

    Evaluation. User may copy and execute the Software on as many processors as required to evaluate the Software until the expiration date and time ("Expiration Date") built into the software and specified in the documentation that accompanies legitimate copies of it. After the expiration date the Software will cease to function unless User is licensed for further use by Hexillion. User agrees not to defeat the Software's expiration mechanism or continue using the Software beyond the Expiration Date without paying a license fee.

    Expanded Use. User may have more extensive use of the Software by License Supplement and the payment of an appropriate license fee. The extent of the further licensed use is defined by a License Supplement and enabled by the properties of a License File distributed by Hexillion. The License File will enable use of the Software beyond the Expiration Date and will specify the number of processors on which User may execute the Software through the use of the License File. The License File is software owned by Hexillion and its use is also governed by this License. User may only make copies of the License File up to the Licensed Number, plus one more for backup purposes. User may only execute the Software on the Licensed Number of processors. User may not place the License File on a shared server or networked computer in such a way that it might possibly allow use of the Software in excess of the terms of this License or by other parties not covered by this License. User may allow other parties to use the Software installed on User's computers only if the License File indicates this is permissible. User may include the Software in his end-user programs royalty-free so long as those programs (a) are not part of a programming toolkit or other application which will be redistributed or resold by User's customers, (b) do not allow use of the Software for further software development, (c) do not require the License File to operate, and (d) incorporate a valid copyright notice notifying the customer that portions of that software contain routines or components owned by Hexillion. User will indemnify, hold harmless, and defend Hexillion against any claims or lawsuits, including attorney's fees, that arise from the distribution of User's end-user programs which incorporate the Software under this License.

    Network Abuse. User may not use the Software for abusive purposes, nor may the User incorporate the Software into end-user programs designed to abuse computer resources accessible through any network--local, wide-area, or internet. User will take reasonable precautions to ensure that end-user programs incorporating the Software will not allow network abuses. Abuse includes but is not limited to: unauthorized data mining, email address harvesting, denial of service attacks, unsolicited commercial bulk email ("spam"), unauthorized computer system incursions, and any actions that violate applicable laws or regulations.

    Other Restrictions
    . User may not decompile, disassemble, extract or otherwise reverse engineer any of the Software or the License File. User does not have the right to obtain or use any source code for the Software. Unless explicitly permitted by the License File User may not rent, lease or loan the Software, nor use the Software to render time sharing or service bureau services. User will defend Hexillion's copyright on the Software. User may not distribute the License File.

    Other Uses Allowed. Transfer of License. User may transfer this License only by special arrangement with Hexillion and the transferee's agreement with this License. User may redistribute unlimited copies of the Software if User distributes it in its original, unmodified installation package, complete with all accompanying documentation including a copy of this License Agreement. User may also distribute runtime copies of the Software.
  1. Warranty and Disclaimer
    If User becomes dissatisfied with the Software within 30 days of paying the license fee, User may terminate this License by destroying all copies of the Software, Documentation, and License File, and providing notice to Hexillion of the termination. Hexillion will refund the license fee within 5 business days of being notified. Apart from the forgoing limited warranty, the Software is provided "As Is". To the maximum extent permitted by applicable law, Hexillion disclaims all other warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, and noninfringement. The entire risk arising out of the use or performance of the software and documentation remains with User.
  1. Limitation of Liability
    Hexillion or its suppliers will not be liable for any consequential, incidental, direct, indirect, special, punitive, or other damages (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 software or documentation, even if Hexillion has been advised of the possibility of such damages.
  1. Breach of Agreement
    This License will terminate automatically if User fails to comply with the terms of this License. On termination, User must destroy all copies of the Software, Documentation, and License File. Upon termination of this License, all rights and licenses granted in the License shall immediately terminate. User will immediately return to Hexillion any Hexillion proprietary information in its possession or control. End-user runtime licenses properly granted pursuant to this License and prior to termination of this License will not be diminished or abridged by the termination of this License.
  1. Governing Law
    This License shall be governed by the laws of the State of Texas. Exclusive jurisdiction over disputes arising under this License or under the use of the Software or License File will be in the state and federal courts of and sitting in Collin County, Texas. If any provision of this License is held invalid, the remainder of this License will continue in full force and effect. In any litigation involving this License or the use of the Software or the License File, the prevailing party will be entitled to recover reasonable attorneys' fees.
  1. Limitations Under Federal Law
    The Software, License File and Documentation are subject to the export control laws and regulations of federal statute, as amended. User may not export or re-export the Software, the License File or Documentation, directly or indirectly, either to (i) any countries that are subject to U.S.A export restrictions (currently including, but not necessarily limited to, Cuba, the Federal Republic of Yugoslavia (Serbia and Montenegro), Iran, Iraq, Libya, North Korea, South Africa (military and police entities), Syria, and Vietnam); (ii) any end user who you know or have reason to know will utilize them in the design, development or production of nuclear, chemical or biological weapons; or (iii) any end-user who has been prohibited from participating in the U.S.A. export transactions by any federal agency.
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