CapeTools QuantTools Developer 2


EULA - End User License Agreement



IMPORTANT! READ CAREFULLY BEFORE INSTALLING THIS SOFTWARE;

This CapeTools End-User License Agreement ("AGREEMENT") is a legal
agreement between you (either an individual or a single entity) and
CapeTools Corporation for the CapeTools software product identified
below, which include computer software, "online" or electronic
documentation, and may include associated media and printed materials.
By installing, copying, or otherwise using the software product, you
agree to be bound by the terms of this AGREEMENT. If you do not agree
to all of the terms of this AGREEMENT, do not use the software.
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CapeTools PRODUCTS SHRINK-WRAP LICENSE AGREEMENT

The CapeTools LTD ("CapeTools") QuantTools XL and QuantTools API
(the "SOFTWARE" or "SOFTWARE PRODUCT") are
protected by copyright laws and international copyright treaties, as
well as other intellectual property laws and treaties.
The SOFTWARE is licensed, not sold. The SOFTWARE consists of
product documentation, sample applications, and miscellaneous technical
information. The SOFTWARE is not public domain software, nor is it free
software. The SOFTWARE is copyrighted by CapeTools Ltd.

This Shrink-wrap License Agreement has 4 parts. Part I applies if you
have not purchased a license for the Software. Part II applies only
after you have purchased the Academic License for the Software. Part III
applies only after you have purchased a Commercial License for the
Software. Part IV applies to all license grants.

If you initially acquired a copy of the Software without purchasing a
license and you wish to purchase a license, contact CapeTools on the
Internet at http;//www.QuantTools.com. Following payment, CapeTools will
issue confirmation that you have purchased a license.
PART I -- TERMS APPLICABLE FOR THE EVALUATION OR BETA SOFTWARE ONLY,
WHEN LICENSE FEES NOT PAID

This license is valid only for the evaluation SOFTWARE, prior to
purchasing and licensing the SOFTWARE from CapeTools.

CapeTools grants to you a non-exclusive, non-sublicensable, single
limited license to use this evaluation version of the SOFTWARE on a
15-day trial basis for the purpose of determining whether the SOFTWARE
is suitable for your needs. After this initial 15-day trial license
expires, you must license the program to continue using it. The use of
unlicensed copies of the SOFTWARE by any person, business, corporation,
government agency or any other entity beyond the trial period is
strictly prohibited. Passing this license to other people or entity
is prohibited.

YOU MAY NOT REDISTRIBUTE ANY PART OF THE SOFTWARE IN CONJUNCTION WITH
AND AS A PART OF ANY OTHER APPLICATION. YOU MAY NOT REDISTRIBUTE ANY
APPLICATION SOFTWARE PRODUCT THAT IS CREATED USING THE SOFTWARE.

A limited license is granted to copy and distribute the SOFTWARE only
for the trial use of others, subject to the above limitations, and also
the following; (1) The SOFTWARE must be copied in unmodified form,
complete with the file containing this license information. (2) The full
machine-readable SOFTWARE documentation must be included with each copy.
(3) No fee, charge, or other compensation may be requested or accepted
except a reasonable disk duplication and handling fee.
PART II -- TERMS APPLICABLE WHEN LICENSE FEES PAID FOR ACADEMIC OR
STUDENT LICENSE

This license is valid only after purchasing an ACADEMIC LICENSE for the
SOFTWARE from CapeTools.

CapeTools grants to you a non-exclusive, non-sublicensable, perpetual
license to use the SOFTWARE, for usage as stated in the License
purchased from CapeTools. The combined number of users of the SOFTWARE
cannot exceed the number of concurrent users licensed. The SOFTWARE
or applications created with it can be used only on the computer(s)
for which it was licensed.

Usage of Academic Edition of the SOFTWARE for commercial purpose is
not allowed.

YOU MAY NOT REDISTRIBUTE ANY PART OF THE SOFTWARE IN CONJUNCTION WITH
AND AS A PART OF ANY OTHER APPLICATION. YOU MAY NOT REDISTRIBUTE ANY
APPLICATION SOFTWARE PRODUCT THAT IS CREATED USING THE SOFTWARE.
PART III -- TERMS APPLICABLE WHEN LICENSE FEES PAID - COMMERCIAL VERSION

This license is valid only after purchasing and licensing the COMMERCIAL
VERSION of the SOFTWARE from CapeTools.

CapeTools grants to you a non-exclusive, non-sublicensable, perpetual
license to use the SOFTWARE, for usage as stated in the License
purchased from CapeTools. The combined number of users of the SOFTWARE
cannot exceed the number of concurrent users licensed. The SOFTWARE
can be used only on the computer(s) for which it was licensed.

CapeTools hereby grants to you a limited, nonexclusive,
right to reproduce and distribute without restriction
any part of the SOFTWARE required for run-time execution of
compiled applications ("Run-Time Files") in conjunction with and
as a part of your compiled application software product that is
created using the SOFTWARE, and any linked-in copies of the SOFTWARE
in your application software, provided that you; (1) not permit
further redistribution the Run-Time Files by your end-user
customers; (2) do not use the SOFTWARE to create an Excel Addin
or Similar financial libraries for sale (3) do not charge separately
for the Run-Time Files; (4) distribute the Run-Time Files in binary form
only and not in source code form; (5) do not include the license file;
(6) agree to indemnify, hold harmless, and defend CapeTools
from and against any claims or lawsuits, including attorney's
fees, that arise or result from the use or distribution of your
software product; (7) otherwise comply with the terms of this
license agreement; (8) agree that CapeTools reserves all
rights not expressly granted; and (9) each end-user
customer have purchased a run-time licence for compiled applications
using the CapeTools API library.

PART IV -- TERMS APPLICABLE TO ALL LICENSE GRANTS

1. COPYRIGHT

All title and copyrights in and to the SOFTWARE PRODUCT (including but
not limited to any text incorporated into the SOFTWARE PRODUCT), the
accompanying printed materials, and any copies of the SOFTWARE PRODUCT,
are owned by CapeTools or its suppliers. The SOFTWARE PRODUCT is
protected by copyright laws and international treaty provisions.
Therefore, you must treat the SOFTWARE PRODUCT like any other
copyrighted material except that you may either (1) make copies of the
SOFTWARE PRODUCT solely for backup or archival purposes, or (2) install
the SOFTWARE PRODUCT on one computer per user licensed.
The combined number of users of the SOFTWARE does not exceed the number
of concurrent users licensed at any time.

You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

Title, ownership rights, and intellectual property rights in and to the
Software shall remain in CapeTools and/or its suppliers. You agree to
abide by the copyright law and all other applicable laws including, but
not limited to, export control laws. You acknowledge that the Software
in source code form (not including the code taken from public domain sources)
remains a confidential trade secret of CapeTools and/or its suppliers and
therefore you agree not to modify the Software or attempt to decipher,
decompile, disassemble or reverse engineer the Software, except to the extent
applicable laws specifically prohibit such restriction. All content accessed
through the Software is the property of the applicable content
owner (not including the code taken from public domain sources) and may be
protected by applicable copyright law. This License gives you no rights
to such content.

2. TERMINATION

Without prejudice to any other rights, CapeTools may terminate this
AGREEMENT if you fail to comply with the terms and conditions of this
AGREEMENT. In such event, you must destroy all copies of the SOFTWARE
PRODUCT. You may terminate this License at any time by destroying or
erasing your copy of the Software. Upon termination of this License,
you agree to destroy or erase the Software. In the event of
termination, part III of this License will survive.
This License is personal to you and you agree not to assign
your rights herein. This License sets forth the entire agreement
between you and CapeTools.

3. NON-COMPETE

CapeTools reserves the right to revoke this License Agreement if
your Deliverable is deemed to compete substantially with any of
CapeTools products. CapeTools shall be the sole aribtrar for
deciding as to whether or not your Deliverable passes this
Non-Compete clause. Contact CapeTools immediately if you have
reason to believe that your Deliverable fails this restriction. In
this case, a full refund will be issued in exchange for the return
of the Software.

4. SOFTWARE TRANSFER

You may permanently transfer all of your rights under this AGREEMENT,
provided you retain no copies, you transfer all of the SOFTWARE PRODUCT
(including all parts, the media and printed materials, any upgrades, and
this AGREEMENT), you provide CapeTools notice of your name, company, and
address and the name, company, and address of the person to whom you are
transferring the rights granted herein, and the recipient agrees to the
terms of this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade, any
transfer must include all prior versions of the SOFTWARE PRODUCT.

5. DISCLAIMER OF WARRANTY

NO WARRANTIES. The SOFTWARE PRODUCT is provided "as is" without
warranty of any kind. To the maximum extent permitted by applicable law,
CapeTools and its suppliers disclaim all warranties, either express or
implied, including, but not limited to, implied warranties of
merchantability and fitness for a particular purpose and any warranty
against infringement, with regard to the SOFTWARE PRODUCT. This limited
warranty gives you specific legal rights. You may have others that vary
from state/jurisdiction to state/jurisdiction.

CUSTOMER REMEDIES. CapeTools' entire liability and your exclusive
remedy shall not exceed the price paid for the SOFTWARE.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted
by applicable law, in no event shall CapeTools or its suppliers be
liable for any 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 this CapeTools product, even if CapeTools 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.

HIGH RISK ACTIVITIES. The SOFTWARE is not fault-tolerant and is not
designed, manufactured or intended for use or resale as on-line control
equipment in hazardous environments requiring fail-safe performance,
such as in the operation of nuclear facilities, aircraft navigation or
communication systems, air traffic control, direct life support
machines, or weapons systems, in which the failure of the Software could
lead directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities"). CapeTools and its
suppliers specifically disclaim any express or implied warranty of
fitness for High Risk Activities.



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Users Rating:  
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Downloads: 169
Updated At: 2024-03-27
Publisher: CapeTools QuantTools
Operating System: windows
License Type: Free Trial