End user license agreement

DWKit

IMPORTANT — READ CAREFULLY: This Optimajet Limited (“OPTIMAJET”) End-User License Agreement (“EULA”) is a legal agreement between you, a developer of software applications, (“Developer End User”) and OPTIMAJET for all OPTIMAJET products, frameworks, components, source code, demos, intermediate files, media, printed materials, and online or electronic documentation (“SOFTWARE DEVELOPMENT PRODUCT(S)”) contained in this distribution.

By installing, copying, or otherwise using the SOFTWARE DEVELOPMENT PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE DEVELOPMENT PRODUCT(S).

All SOFTWARE DEVELOPMENT PRODUCT(S) is licensed, not sold.

RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE DEVELOPMENT PRODUCT(S) is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any OPTIMAJET intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any PRODUCT(s) created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

1. Grant of license

Subject to all the terms and conditions of this EULA, OPTIMAJET grants Developer End User a non-exclusive, non-transferable license to install and use the SOFTWARE DEVELOPMENT PRODUCT(S) included in this distribution.

2. Limitations on reverse engineering, decompilation and disassembly

You may not reverse engineer, decompile, create derivative works or disassemble the SOFTWARE DEVELOPMENT PRODUCT(S). If the SOFTWARE DEVELOPMENT PRODUCT(S) is purchased by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any OPTIMAJET intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any PRODUCT(s) created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

3. Separation of components

The SOFTWARE DEVELOPMENT PRODUCT(S) is licensed as a single PRODUCT(s). The SOFTWARE DEVELOPMENT PRODUCT(S) and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code, if included with the SOFTWARE DEVELOPMENT PRODUCT(S), does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All OPTIMAJET libraries, source code, redistributables and other files remain OPTIMAJET’s exclusive property. You may not distribute any files, except those that OPTIMAJET has expressly designated as Redistributable.

4. Rental

You may not rent, lease, or lend the SOFTWARE DEVELOPMENT PRODUCT(S).

5. Transfer

You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or business or government entity without prior written approval from OPTIMAJET. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or files included in the SOFTWARE DEVELOPMENT PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed Developer End User have the right to use the libraries, redistributables, or other files of the SOFTWARE DEVELOPMENT PRODUCT(S) (or any portions thereof) for developing programs created with the SOFTWARE DEVELOPMENT PRODUCT(S). You may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any OPTIMAJET documentation without the permission of OPTIMAJET.

6. Redistribution

The SOFTWARE DEVELOPMENT PRODUCT(s) may include certain files (“REDISTRIBUTABLE(s)”) intended for distribution by you to the users of software applications which you create. Redistributables include, for example, those files identified in printed or on-line documentation as redistributable files or those files preselected for deployment by an install utility provided with the SOFTWARE DEVELOPMENT PRODUCT(S) (if any). In all circumstances, the REDISTRIBUTABLES for the SOFTWARE DEVELOPMENT PRODUCT(S) are only those files specifically designated as such by OPTIMAJET.

AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE DEVELOPMENT PRODUCT(S) BY UTILIZING ALL OR ANY PORTION OF THE OPTIMAJET SOFTWARE DEVELOPMENT PRODUCT(S).

Distribution by the Developer End User of any design-time tools (EXE’s or DLL’s), executables, and source code distributed to Developer End User by OPTIMAJET as part of this SOFTWARE DEVELOPMENT PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The Developer End User shall not develop software applications that provide an application programming interface to the SOFTWARE DEVELOPMENT PRODUCT(S) or the SOFTWARE DEVELOPMENT PRODUCT(S) as modified.

The Developer End User may NOT distribute the SOFTWARE DEVELOPMENT PRODUCT(S), in any format, to others for development or application compilation purposes.

REDISTRIBUTABLES. The following installed file(s) or installed folder(s) are considered redistributables under this EULA. Refer to Section 8 of this EULA for licensing and subscription terms: no redistribution allowed for trial versions of this distribution.

Developer End User MAY NOT REDISTRIBUTE any files in the SOFTWARE DEVELOPMENT PRODUCT(S) distribution if using an evaluation, trial, Not for Resale, or demo version of the SOFTWARE DEVELOPMENT PRODUCT(S).

7. Copyright

All title and copyrights in and to the SOFTWARE DEVELOPMENT PRODUCT(S) (including but not limited to any OPTIMAJET trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and “applets” incorporated into the SOFTWARE DEVELOPMENT PRODUCT(S) the accompanying printed materials, and any copies of the SOFTWARE DEVELOPMENT PRODUCT(S)) are owned by OPTIMAJET or its subsidiaries.

The SOFTWARE DEVELOPMENT PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE DEVELOPMENT PRODUCT(S) like any other copyrighted material except that you may install and use the SOFTWARE DEVELOPMENT PRODUCT(S) as described in this EULA.

8. Download of software development product(s)

The SOFTWARE DEVELOPMENT PRODUCT(S) will be made available for download from dwkit.com exclusively.

9. Export restrictions

You, as Developer End User, must agree not to export or re-export the SOFTWARE DEVELOPMENT PRODUCT(S) within any created application to any country, person, entity or end user subject to Russian Federation.

10. Disclaimer of warranty

OPTIMAJET expressly disclaims any warranty for the SOFTWARE DEVELOPMENT PRODUCT(S). THE SOFTWARE DEVELOPMENT PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OPTIMAJET DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE DEVELOPMENT PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE DEVELOPMENT PRODUCT(S) REMAINS WITH YOU. No oral or written information or advice given by OPTIMAJET or its employees shall create a warranty or in any way increase the scope of this warranty.

11. Limitations on liability

To the maximum extent permitted by applicable law, in no event shall OPTIMAJET be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE DEVELOPMENT PRODUCT(S) or the provision of or failure to provide Support Services, even if OPTIMAJET has been advised of the possibility of such damages.

Developer End User understands that the SOFTWARE DEVELOPMENT PRODUCT(S) may produce inaccurate results because of a failure or fault within the SOFTWARE DEVELOPMENT PRODUCT(S) or failure by Developer End User to properly use and or deploy the SOFTWARE DEVELOPMENT PRODUCT(S). Developer End User assumes full and sole responsibility for any use of the SOFTWARE DEVELOPMENT PRODUCT(S), and bears the entire risk for failures or faults within the SOFTWARE DEVELOPMENT PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND OPTIMAJET’S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL OPTIMAJET’S LIABILITY EXCEED THE PRICE PAID TO OPTIMAJET FOR THE SOFTWARE DEVELOPMENT PRODUCT(S). This Limited Warranty is void if failure of the SOFTWARE DEVELOPMENT PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE DEVELOPMENT PRODUCT(S).

12. Indemnification

You hereby agree to indemnify OPTIMAJET and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney’s fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and the SOFTWARE DEVELOPMENT PRODUCT(S) included herein.

13. Termination

Without prejudice to any other rights or remedies, OPTIMAJET will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, Developer End User must destroy all copies of the SOFTWARE DEVELOPMENT PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of OPTIMAJET intellectual property from any applications distributed by Developer End User, whether in native, altered or compiled states.

14. Miscellaneous

This EULA may only be modified in writing signed by you and an authorized officer of Optimajet Limited. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

OPTIMAJET reserves all rights not specifically granted in this EULA.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT UPON INSTALLATION AND/OR USE of ALL SOFTWARE DEVELOPMENT PRODUCT(S) INCLUDED IN THIS DISTRIBUTION.

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