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EMS Advanced Data Import VCL

License Agreement

License Agreement for TOOLS AND COMPONENTS

© 1999-2012 EMS Database Management Solutions, Inc.
All rights reserved.

END-USER LICENSE AGREEMENT-SINGLE DEVELOPER LICENSE
FOR ALL SOFTWARE COMPONENT PRODUCT(S)

IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.

This EMS Database Management Solutions, Inc. ("EMS") End-User License Agreement ("EULA") is a legal agreement between you, an individual developer of software applications, ("Developer End User") and EMS for all EMS software components, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE COMPONENT PRODUCT(S)") contained in this installation file.
EMS grants to you as an individual, a personal, nonexclusive license to install and use the SOFTWARE COMPONENT PRODUCT(S) for the sole purposes of designing, developing, testing, and deploying application programs which you create. If you are an entity, you must designate one individual within your organization to license the right to use the SOFTWARE COMPONENT
PRODUCT(S) in the manner provided herein.
 
By installing, copying, or otherwise using the SOFTWARE COMPONENT 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, USE, DISTRIBUTE IN ANY MANNER, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE COMPONENT PRODUCT(S).  Immediately return it to place of purchase for a full refund.

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

RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS

If the licensed right of use for this SOFTWARE COMPONENT PRODUCT(S) is purchased by you with any intent to reverse engineer, decompile, and the exploitation or unauthorized transfer of any EMS 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 This EULA, if legally executed as defined herein, licenses and so grants the single individual Developer End User the
following rights:

SOFTWARE COMPONENT PRODUCT(S)
You may install and use one copy of the SOFTWARE COMPONENT PRODUCT(S), including any and all source code if provided, or any prior version legally licensed for the same operating system, on a single computer. The primary user of the computer on which the SOFTWARE COMPONENT PRODUCT(S) is installed may make a second copy for his or her exclusive use on a portable computer. You acknowledge and agree that the SOFTWARE COMPONENT PRODUCT(S) in source code form remains a confidential trade secret of EMS.

(a) Storage/Network Use
You, as Developer End User, may also store or install a copy of the SOFTWARE COMPONENT PRODUCT(S) on a storage device, such as a network server, used only to install or run the SOFTWARE COMPONENT PRODUCT(S) on your other computers over an internal network; however, Developer End User must acquire and dedicate a license for each separate computer on which the SOFTWARE COMPONENT PRODUCT(S) is installed or run from the storage device. A license for the SOFTWARE COMPONENT PRODUCT(S) may not be shared or used concurrently on different computers.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

2. Not for Resale Software
If the SOFTWARE COMPONENT PRODUCT(S) is labeled and provided as "Not for Resale" or "NFR", then, notwithstanding other sections of this EULA, you may not resell, distribute, or otherwise transfer for value or benefit in any manner, the SOFTWARE COMPONENT PRODUCT(S) or any derivative work using the SOFTWARE COMPONENT PRODUCT(S). You may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit the SOFTWARE COMPONENT PRODUCT(S), media or documentation. This also applies to any and all intermediate files, source code, and compiled executables.

Limitations on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE COMPONENT PRODUCT(S), and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The provision of source code, if included with the SOFTWARE COMPONENT 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. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE COMPONENT PRODUCT(S) or any of its constituent parts and Distributables to the fullest extent of all applicable local, US and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.

Separation of Components, their constituent parts and Redistributables
The SOFTWARE COMPONENT PRODUCT(S) is licensed as a single PRODUCT(s). The SOFTWARE COMPONENT PRODUCT(S) and its constituent parts and any provided Distributables 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 COMPONENT 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 EMS libraries, source code, Redistributables and other files remain EMS's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly EMS source code and other non-executable files) except those that EMS has expressly designated as Redistributable. EMS PRODUCT(s) may include certain files ("Redistributables") intended for distribution by you to the users of programs you create.  Redistributables include, for example, those files identified in printed or on-line documentation or identified by EMS as redistributable files, or those files preselected for deployment by an install utility provided with the SOFTWARE COMPONENT PRODUCT(S) (if any). In any event, the Redistributables for the SOFTWARE COMPONENT PRODUCT(S) are only those files specifically designated as such by EMS.  From time to time, EMS may designate other files as Redistributables.  You must contact EMS to obtain a list of for additional information on redistributable files.  Subject to all of the terms and conditions in this EULA, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the SOFTWARE COMPONENT PRODUCT(S) or the copy transferred to the single hard disk.  Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this EULA that you have created using the SOFTWARE COMPONENT PRODUCT(S). Under no circumstances may any copies of Redistributables be distributed separately.

3. Rental
You may not rent, lease, or lend the SOFTWARE COMPONENT PRODUCT(S).
SOFTWARE COMPONENT PRODUCT(S) Transfer. You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity.  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, code, Redistributables, and/or other files of the SOFTWARE COMPONENT 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, code, Redistributables, or other files of the SOFTWARE COMPONENT PRODUCT(S) (or any portions thereof) for developing programs created with the SOFTWARE COMPONENT PRODUCT(S).  In particular, you may not share copies of the Redistributables with other co-developers.  You may not reproduce or distribute any EMS documentation without EMS's permission.

4. Termination
Without prejudice to any other rights or remedies, EMS will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE COMPONENT PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE COMPONENT PRODUCT(S) developed by you, whether in native, altered or compiled state.

5. Additional Restrictions
ONLY THE LEGALLY REGISTERED DEVELOPER END USER IS LICENSED TO DISTRIBUTE ROYALTY-FREE THE EXPRESSNAVBAR, AND ALL ACCOMPANYING VCL CONTROLS AS PART OF AN EXECUTABLE PROGRAM ONLY, subject to all of the conditions of this agreement.

You may use the SOFTWARE COMPONENT PRODUCT(S) and related source code to create new VCL components for your company's internal use ONLY. THE SOURCE CODE, PACKAGES, LIBRARIES AND ALL RESULTING INTERMEDIATE FILES (DCU, OBJ,DLL, ETC.) ARE CONFIDENTIAL AND PROPRIETARY TRADE SECRETS OF EMS.
 
YOU MAY NOT CREATE NEW 'VCL' COMPONENTS OR 'ACTIVE X' COMPONENTS, or ANY OTHER COMPONENT ARCHITECTURE, INCLUDING BUT NOT LIMITED TO DLLs, FOR DISTRIBUTION OUTSIDE OF YOUR COMPANY IN ANY FORM, MANNER OR MEDIA OR USING ANY DISTRIBUTION CHANNEL, WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) AND ITS RELATED SOURCE CODE.

YOU MAY NOT CREATE ANY TOOL OR SOFTWARE COMPONENT PRODUCT(S) THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE COMPONENT PRODUCT(S) WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) AND ITS RELATED SOURCE CODE.  MODIFICATION OF SOURCE CODE AND SUBSEQUENT REDISTRIBUTION OF ANY SUCH MODIFICATIONS IS PROHIBITED.
 
6. UPGRADES
If the SOFTWARE COMPONENT PRODUCT(S) is labeled as an upgrade, you must be properly licensed to use a PRODUCT(s) identified by EMS as being eligible for the upgrade in order to use the SOFTWARE COMPONENT PRODUCT. A SOFTWARE COMPONENT PRODUCT labeled as an upgrade replaces and/or supplements the SOFTWARE COMPONENT PRODUCT that formed the basis for your eligibility for the upgrade, and together constitute a single PRODUCT. You may use the resulting upgraded PRODUCT only in accordance with all the terms of this EULA.

7. COPYRIGHT
All title and copyrights in and to the SOFTWARE COMPONENT PRODUCT(S) (including but not limited to any images, demos, source code, intermediate files, packages, photographs, distributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE COMPONENT PRODUCT(S), the accompanying printed materials, and any copies of the SOFTWARE COMPONENT PRODUCT(S) are owned by EMS or its subsidiaries. The SOFTWARE COMPONENT PRODUCT(S) is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE COMPONENT PRODUCT(S) like any other copyrighted material except that you may install the SOFTWARE COMPONENT PRODUCT(S) on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE COMPONENT PRODUCT(S).

8. Installation and Use
The license granted in this EULA for you to create your own compiled programs and distribute your programs and the Redistributables (if any), is subject to all of the following conditions:

(i) all copies of the programs you create must bear a valid copyright notice, either your own or the EMS copyright notice that appears on the
SOFTWARE COMPONENT PRODUCT(S);
(ii) you may not remove or alter any EMS copyright, trademark or other proprietary rights notice contained in any portion of EMS libraries, source code, Redistributables or other files that bear such a notice;
(iii) EMS provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the
SOFTWARE COMPONENT PRODUCT(S), and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact EMS for such services or assistance;
(iv) you will indemnify and hold EMS, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs;
(v) your programs containing EMS SOFTWARE COMPONENT PRODUCT(S) must be written using a licensed, registered copy of the SOFTWARE COMPONENT PRODUCT(S);
(vi) your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries, code, Redistributables or other files of the SOFTWARE COMPONENT PRODUCT(S);
(vii) regardless of any modifications which you make and regardless of how you might compile, link, or package your programs, the libraries, code, Redistributables, and/or other files of the SOFTWARE COMPONENT PRODUCT(S) (including any portions thereof) may not be used in
programs created by your end users (i.e., users of your programs) and may not be further redistributed by your end users;
(viii) you may not use EMS's or any of its suppliers' names, logos, or trademarks to market your programs.

U.S. GOVERNMENT RESTRICTED RIGHTS
The SOFTWARE COMPONENT PRODUCT(S) is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Products clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer SOFTWARE Products Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is EMS.

EXPORT RESTRICTIONS
EMS expressly complies with all export restrictions imposed by the government of the United States of America.  You, as Developer End User, must agree not to export or re-export the SOFTWARE COMPONENT PRODUCT(S) within any created application to any country, person, entity or end user subject to U.S.A. export restrictions.  Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria.  You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

NO WARRANTIES
EMS expressly disclaims any warranty for the SOFTWARE COMPONENT PRODUCT(S).  THE SOFTWARE COMPONENT 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. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE COMPONENT PRODUCT(S) REMAINS WITH YOU.  To the maximum extent permitted by applicable law, in no event shall EMS 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 COMPONENT PRODUCT(S) or the provision of or failure to provide Support Services, even if EMS has been advised of the possibility of such damages. EMS's entire liability and your exclusive remedy shall be, at EMS's option, either
(a) return of the price paid, or
(b) repair or replacement of the SOFTWARE COMPONENT PRODUCT(S) that does not meet EMS's Limited Warranty and which is returned to EMS with a copy of your receipt.  DO NOT RETURN ANY PRODUCT(S) UNTIL YOU HAVE CONTACTED THE EMS CUSTOMER SERVICE DEPARTMENT AND
OBTAINED A RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void if failure of the SOFTWARE COMPONENT PRODUCT(S) has resulted from accident, abuse, or misapplication.  Any replacement SOFTWARE COMPONENT PRODUCT(S) will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.  Outside the United States, neither these remedies nor any PRODUCT(s) support services offered by EMS are available without proof of purchase from an authorized non-U.S. source. Some states and jurisdictions do not allow the exclusion or limitation of liability, so the above limitation may not apply to you.

Support Services
EMS may provide you with support services related to the SOFTWARE COMPONENT PRODUCT(S) ("Support Services"). Use of Support Services is governed by the EMS policies and programs described in the user manual, in "on line" documentation and/or other EMS provided materials. Any supplemental SOFTWARE COMPONENT PRODUCT(S) code provided to you as part of the Support Services shall be considered part of the SOFTWARE COMPONENT PRODUCT(S) and subject to the terms and conditions of this EULA. With
respect to technical information you provide to EMS as part of the Support Services, EMS may use such information for its business purposes, including for PRODUCT(s) support and development. EMS will not utilize such technical information in a form that personally identifies you.
 
MISCELLANEOUS
This EULA shall be construed, interpreted and governed by the laws of the State of Nevada, U.S.A.  This EULA gives you specific legal rights; you may have others that vary from state to state and from country to country.

EMS reserves all rights not specifically granted in this EULA.

GENERAL PROVISIONS
This EULA may only be modified in writing signed by you and an authorized officer of EMS.  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.

If this PRODUCT(s) was acquired outside the United States, then you, as the Developer End User, agree and ascend to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply.  In addition, you, as Developer End User, agree that any local law(s) to the benefit and protection of EMS ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply.