DSP Master 3.0

EULA - End User License Agreement

END-USER LICENSE AGREEMENT

IMPORTANT- READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.

This End User License Agreement (this "EULA") contains the terms and conditions regarding your use of the SOFTWARE (as defined below) and material limitations to your rights in that regard. You should read this EULA carefully.

By installing the DSP Master software (hereinafter the "SOFTWARE"), you are accepting the following EULA.

I. THIS EULA.

1. Software Covered by this EULA.
This EULA governs your use of the DEW RESEARCH enclosed either as part of a SOFTWARE installer or otherwise accompanied herewith. The term "SOFTWARE" includes, to the extent provided by Dew Research: 1) any revisions, updates and/or upgrades thereto; 2) any data, image or executable files, databases, data engines, computer software, or similar items customarily used or distributed with computer software products; 3) anything in any form whatsoever intended to be used with or in conjunction with the SOFTWARE; and 4) any associated media, documentation (including physical, electronic and online) and printed materials (the "Documentation").

2. This EULA is a legal agreement between you and DEW RESEARCH.
If you are acting as an agent of a company or another legal person, such as an officer or other employee acting for your employer, then "you" and "your" mean your principal, the entity or other legal person for whom you are acting. However, importantly, even if you are acting as an agent for another, you may still be personally liable for violation of laws such as copyright infringement.

This EULA is a legal agreement between you and DEW RESEARCH. You intend to be legally bound to this EULA to the same extent as if Dew Research and you physically signed this EULA. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms and conditions contained in this EULA. If you do not agree to all of the terms and conditions contained in this EULA, you may not install or use the SOFTWARE. If you have already installed or begun to install the SOFTWARE you should cancel any install in progress and uninstall the SOFTWARE. If you do not agree to all of these terms and conditions, then you must promptly return the uninstalled SOFTWARE to the place from which you purchased it in accordance with the return policies of that place.

II. YOUR LICENSE TO DEVELOP AND TO DISTRIBUTE.

Detailed below, this EULA grants you two licenses: 1) a license to use the SOFTWARE to develop other software products (the "Development License"); 2) a license to use and/or distribute the Developed Software (the "Distribution License"). Both of these licenses (individually and collectively, the "Licenses") are explained and defined in more detail below.

1. Definitions. Terms and their respective meanings as used in this EULA:

"Developed Software" means those computer software products that are developed by or through the use of the SOFTWARE. "Redistributable Files" means the SOFTWARE files or other portions of the SOFTWARE that are provided by Dew Research and are identified as such in the Documentation for distribution by you with the Developed Software.

2. Your Development license
You are permitted to use the SOFTWARE to develop on computers with Borland Development environments.

3. Your Distribution License.
License to Distribute Developed Software. Subject to the terms and conditions in this EULA, you are granted the license to use and to distribute Developed Desktop Software on a royalty-free basis, provided that

a) the Developed Desktop Software incorporates the SOFTWARE as an integral part of the machine language compiled format (customarily an ".exe", or ".dll", etc.) of the Developed Software;
b) you distribute only the portions of the SOFTWARE designated as Redistributable Files;
c) you do not distribute, bundle, wrap or subclass the SOFTWARE as Developed Software which, when used in a "designtime" development environment, exposes the programmatic interface of the SOFTWARE;
d) the Developed Software is not a component that can be used for development purposes in any environment or container;
e) in the reasonable opinion of Dew Research your Developed Software must add significant and primary functionality to the SOFTWARE;
f) your software product may not, in the reasonable opinion of Dew Research, compete with a Dew Research product;
g) you do not use the Dew Research or SOFTWARE name, logo or trademark to market your software product.

4. Updates/Upgrades.
Subject to the terms and conditions of this EULA, the Licenses are perpetual. Updates and upgrades to the SOFTWARE may be provided by Dew Research at their discretion at timely intervals though Dew Research does not commit to providing such updates or upgrades, and, if so provided by Dew Research, are provided upon the terms and conditions offered at that time by Dew Research.

III. INTELLECTUAL PROPERTY.

1. Copyright.
You agree that all right, title, and interest in and to the SOFTWARE (including, but not limited to, any images, photographs, code examples and text incorporated into the SOFTWARE), and any copies of the SOFTWARE, and any copyrights and other intellectual properties therein or related thereto are owned exclusively by Dew Research, except to the limited extent that Dew Research may be the rightful license holder of certain third-party technologies incorporated into the SOFTWARE. The SOFTWARE is protected by copyright laws and international treaty provisions. The SOFTWARE is licensed to you, not sold to you. Dew Research reserves all rights not otherwise expressly and specifically granted to you in this EULA.

2. Backups.
You may make one copy the SOFTWARE solely for backup or archival purposes.

3. General Limitations.
You may not reverse engineer, decompile, or disassemble the SOFTWARE, except and only to the extent that applicable law expressly permits such activity notwithstanding this limitation.

4. Termination.
Without prejudice to any other rights it may have, Dew Research may terminate this EULA and the Licenses if you fail to comply with the terms and conditions contained herein. In such an event, you must destroy all copies of the SOFTWARE and all of its component parts.

IV. DISCLAIMER and WARRANTIES

1. Disclaimer
Dew Research's entire liability and your exclusive remedy under this EULA shall be, at Dew Research's sole option, either (a) return of the price paid for the SOFTWARE; (b) repair the SOFTWARE through updates distributed online. Dew Research cannot and does not guarantee that any functions contained in the Software will meet your requirements, or that its operations will be error free. The entire risk as to the Software performance or quality, or both, is solely with the user and not Dew Research. You assume responsibility for the selection of the component to achieve your intended results, and for the installation, use, and results obtained from the SOFTWARE.

2. Warranty.
Dew Research makes no warranty, to the maximum extent permitted by law, either implied or expressed, including with-out limitation any warranty with respect to this Software documented here, its quality, performance, or fitness for a particular purpose. In no event shall Dew Research be liable to you for damages, whether direct or indirect, incidental, special, or consequential arising out the use of or any defect in the Software, even if Dew Research has been advised of the possibility of such damages, or for any claim by any other party. All other warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, are expressly excluded.

V. MISCELLANEOUS.

1. This is the Entire Agreement.
This EULA (including any addendum or amendment to this EULA included with the SOFTWARE) is the final, complete and exclusive statement of the entire agreement between you and Dew Research relating to the SOFTWARE. This EULA supersedes any prior and contemporaneous proposals, purchase orders, advertisements, and all other communications in relation to the subject matter of this EULA, whether oral or written. No terms or conditions, other than those contained in this EULA, and no other understanding or agreement which in any way modifies these terms and conditions, shall be binding upon the parties unless entered into in writing executed between the parties, or by other non-oral manner of agreement whereby the parties objectively and definitively act in a manner to be bound (such as by continuing with an installation of the SOFTWARE, "clicking-through" a questionnaire, etc.) Employees, agents and other representatives of Dew Research are not permitted to orally modify this EULA.

2. You Indemnify Dew Research.
You agree to indemnify, hold harmless, and defend Dew Research and its suppliers and resellers from and against any and all claims or lawsuits, including attorney's fees, that arise or result from this EULA.

3. Interpretation of this EULA.
If for any reason a court of competent jurisdiction finds any provision of this EULA, or any portion thereof, to be unenforceable, that provision of this EULA will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this EULA will continue in full force and effect. Formatives of defined terms shall have the same meaning of the defined term. Failure by either party to enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision. Except as otherwise required or superseded by law, this EULA is governed by the laws of Slovenia. If the SOFTWARE was acquired outside of Slovenia, then local law may apply.