Warning: By installing and using WINDEV software you agree to the terms of this license:
The following definitions shall govern throughout:
A. "PC SOFT Company" shall mean PC SOFT, 3 rue de Puech Villa, BP 444 08, 34197 Montpellier, France.
B. "CUSTOMER" shall mean the original customer (either individual or company) who purchased a license.
C. "SOFTWARE" shall mean the right to use WINDEV purchased by the CUSTOMER, for the current version and any updates, unless this update version has its own license, which would apply then.
D. "APPLICATION" shall mean a program or a set of programs developed with the SOFTWARE.
E. "COMPUTER" shall mean the single computer on which this program is used.
F. "LICENSE" shall mean this AGREEMENT and the rights and obligations created hereunder by the French Law.
This user license is granted to the CUSTOMER in exchange for the payment of a purchase price.
This SOFTWARE shall be used on a single computer by a single person at a time. The SOFTWARE is considered as being used as soon as it is loaded in the "computer memory" (also called RAM).
This license is granted only after full payment of rights as indicated on the price list on the day of the purchase.
|2. SOFTWARE ownership|
This SOFTWARE is the sole and exclusive property of PC SOFT. The customer has only purchased the right to use the SOFTWARE.
|3. Backup copy|
The CUSTOMER is authorized to download a backup copy to reinstall the SOFTWARE.
Copying or reproducing the documentation, in part or in full, is strictly forbidden.
The CUSTOMER agrees to use the SOFTWARE only for the purpose for which it is intended. Modifying, trying to modify, disassembling, or trying to disassemble this SOFTWARE is forbidden. The CUSTOMER shall not remove (or try to remove) the copyright mentions that may be displayed and/or included in the SOFTWARE.
The SOFTWARE shall not be rented, leased or shared.
The SOFWTARE shall not be used to create and distribute all or part of a development tool, software for application creation and program building, or any other program similar to the SOFTWARE itself. Contact us if you have any questions.
The functions for generating JAVA code can only be used to create a stand-alone APPLICATION.
The code generated by the SOFTWARE shall not be re-used in other software or tools for software creation. The code generated by this feature shall not be included in a software (freeware or shareware) that could be a competitor of WINDEV or WEBDEV, in part or in full.
The photographs, illustrations and images contained in the examples, templates, skins and skin templates can only be used in their original context. Any use, reproduction, representation, adaptation or copy, in full or in part, in any format, by any existing or forthcoming process, is forbidden.
The images and the animations available from the image catalog must be exclusively used in the APPLICATIONS developed with the SOFTWARE. These images shall not be sold or distributed. Their use in products or sites other than the APPLICATION is forbidden.
The images cannot be separated from the APPLICATION that is uses them.
The CUSTOMER in possession of a duly recorded SOFTWARE license has the rights to distribute the execution modules required to run the stand-alone programs, for the sole purpose of running the programs developed with the SOFTWARE.
The created APPLICATION shall not contain more than 10% (ten per cent) of dynamically compiled code and/or UMC code. If an APPLICATION contains more than 10% of dynamically compiled code and/or more than 10% of UMC code, a WINDEV license is required for each computer where the APPLICATION is installed.
The APPLICATION shall not be a plain duplication or recompilation of the modules and examples supplied with the SOFTWARE.
Contact PC SOFT for any further information.
The HFSQL engine can be distributed with any APPLICATION developed with WINDEV, provided that more than 50% (fifty per cent) of it is used by one or more WINDEV and/or WEBDEV applications. 50% represents the number of features actually used in the application.
For any other use from another language or by another method, a SOFTWARE LICENSE is required for each server that uses HFSQL, in a version at least equal to the HFSQL version used (for example, WINDEV 25 to use HFSQL Client/Server).
If HFSQL is used on a single computer (laptop, PC, etc.), this computer is considered as a server.
Therefore, if HFSQL is mainly used by a software not developed by WINDEV (or WEBDEV), it CANNOT be distributed.
"REPORTS AND QUERIES" can be installed with each one of your APPLICATIONS, provided that each application contains more than 50% of the features used on the database(s) used. If an APPLICATION represents less than 50% of the features used on the database(s) used, a license of "REPORTS AND QUERIES" must be purchased for each user computer.
It is FORBIDDEN to use "REPORTS AND QUERIES" for a secondary application of one or more applications not developed with the SOFTWARE, with the only purpose to get a free version of a software for creating reports and queries. Therefore, "REPORTS AND QUERIES" can be freely used with an APPLICATION developed with the SOFTWARE and respecting the above-mentioned 50% rule.
Contact PC SOFT for any further information.
|6. Absence of liability|
The SOFTWARE and the documentation are sold as is, WITHOUT ANY WARRANTY as to performance, merchantability or fitness for any particular purpose. PC SOFT shall not be liable for damages of any nature whatsoever, including data loss or deterioration, financial or operational loss, discrepancies between information supplied in the documentation and SOFTWARE behavior, in case the SOFTWARE behaves differently than expected. The entire risk as to the results and performance of programs created with the SOFTWARE is assumed by the CUSTOMER.
If the dongle becomes defective, the CUSTOMER may return the dongle to PC SOFT for replacement.
NO DONGLE CAN BE PURCHASED SEPARATELY. The only way to get a new dongle is to buy a brand new product. Do not misplace the dongle. We advise you to make sure you have an insurance policy that covers theft, loss or destruction (fire, etc.) of this dongle.
Replacement items will be invoiced.
If the dongle becomes defective within three months from the date of purchase, PC SOFT will replace the dongle without charge, excluding shipping costs. Parcels will be accepted only if delivered postage paid and tax-free. The return postage will be invoiced; including express shipping and proof of delivery. This warranty shall not apply if the items become defective due to an accident or mishandling.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights. The CUSTOMER and PC SOFT agree that WINDEV is not intended as "Consumer Goods" under warranty laws of USA.
PC SOFT maintains a policy of ongoing updates and product improvement. Provided that the CUSTOMER has previously returned the registration card, PC SOFT shall provide the CUSTOMER with either copies of updated material or notification of availability and price schedules where appropriate.
In the event legal action is brought by either the CUSTOMER or PC SOFT to enforce the terms of this license agreement, the prevailing party shall be entitled to recover reasonable attorney fees and expenses in addition to any other relief deemed appropriate by the court.
This license shall not be modified by the representations of anyone unless a written amendment has been signed by a corporate officer of PC SOFT.
|8. Special cases|
8.1 Help compiler
The "MS Help Compiler" supplied with the SOFTWARE is property of Microsoft. PC SOFT may only enable the CUSTOMER to create and distribute help modules created with this help compiler.
8.2 Features linked to services
Warning: before using a feature linked to services or applications (including Google), we strongly recommend that you check the user license for of the service or application. Some restrictions may apply. The content of the licenses may change over time.
PC SOFT is in no case responsible for the way the native access functions are used. Please make sure that you comply with the license of service provider.
|9. Third-party software|
The "Open Sans" font installed and used by the SOFTWARE is subject to the "Apache License" license. The text of this license can be found in the "Help" subdirectory of the SOFTWARE.
PC SOFT and WINDEV are trademarks of PC SOFT Company. Any disputes which may arise are to be settled within the jurisdiction of the courts where PC SOFT has its head office.