SINGLE SITE LICENSE AGREEMENT
MULTI SITE LICENSE AGREEMENT
END USER LICENSE AGREEMENT
DEVELOPMENT LICENSE AGREEMENT
NOTICE TO USER:
THIS IS A CONTRACT. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS
AND CONDITIONS OF THIS AGREEMENT.
This ActMask Corporation ("ActMask") End User License Agreement
(EULA) accompanies all ActMask products and related explanatory materials
("SOFTWARE"). The term "SOFTWARE" shall also include
any upgrades, modified versions or updates of the Software licensed to
you by ActMask. Please read this License Agreement carefully. If you are
reading this prior to electronic distribution, you will be asked to accept
this agreement and continue to install or, if you wish to decline this
agreement, in which case you will not be able to use the Software.
The SOFTWARE is protected by copyright laws and international copyright
treaties, as well as other intellectual property laws and treaties. The
SOFTWARE is licensed, not sold.
SERVER - A single computer wholly owned, rented or leased by a single
individual or entity on which one or more applications load and execute
SOFTWARE in the memory space of that computer so that one or more users
may access it.
DESKTOP RUNTIME APPLICATION - A computer program that loads and executes
SOFTWARE in the space of multiple machines so that a single user per
machine may access it. This computer program can be redistributed to
others within a single organization.
SINGLE SITE - Single geographic location; or multiple sites within one
city that are part of a single organizational unit administered centrally.
MULTI SITE - Organization with independently administered multiple locations
within one city; or an organization in more than one city, state, or
country, with administration of this license being done centrally on
behalf of all locations.
DEVELOPMENT - The act of programming a tool or application that interacts
with SOFTWARE, A development computer is a single computer workstation
run by licensee. For the development license the total number of users
is taken into account. A purchased development license may be transferred
to another developer if no two development computers are driven concurrently
under the same license agreement.
2. GRANT OF LICENSE : Upon issuance of a valid SERIAL NUMBER (for SERVER
and VIRTUAL SERVER LICENSES) by ActMask to you, this License Agreement
grants you the following rights:
a. SOFTWARE PRODUCT : ActMask grants to you as an individual, a non-transferable,
nonexclusive license to use the SOFTWARE PRODUCT as follows:
IF YOU PURCHASED A SINGLE / MULTI SITE LICENSE - Usage is restricted
to a company or/and a corporation or/and an enterprise or/and an organization.
Unlimited number of computers of/within this site including both desktops
and notebooks are allowed to install the SOFTWARE PRODUCT.
IF YOU PURCHASED A DEVELOPMENT LICENSE OR A DEVELOPER BUNDLE. (SALES
AND GRANT OF DEVELOPER LICENSES ARE AT ActMask'S DISCRETION AND ALWAYS
REQUIRE THE PURCHASE OR EXISTENCE OF VALID PRODUCTION LICENSES) - You
are hereby granted the right for development use only for the license
or licenses purchased as development licenses. You may not resell, transfer,
rent, or lease the SOFTWARE. You agree not to modify, adapt, translate,
reverse engineer, decompile, disassemble, or otherwise attempt to discover
the source code of the Software. You may not alter or modify in any
way the installer for the Software, or create a new installer for the
Software. You also agree to hold in the strictest confidentiality any
and all code given to you by ActMask to enable your application.
IF YOU PURCHASED A SERVER LICENSE - Usage is restricted to a single
SERVER for a single individual or entity. All SERVERS that use this
product must be licensed.
IF YOU PURCHASED A DESKTOP RUNTIME APPLICATION LICENSE - You are hereby
permitted to load and execute the SOFTWARE PRODUCT on a single computer
only. All other computers used must have a separate LICENSE. You also
agree to hold in the strictest confidentiality any and all runtime codes
given to you by ActMask to enable your application.
NETWORK STORAGE/USE - You may also store or install a copy of the SOFTWARE
PRODUCT on a storage device, such as a network server, used only to
install or run the SOFTWARE PRODUCT on your other computers over an
internal network; however, you must acquire and dedicate a license for
each separate computer on which the SOFTWARE PRODUCT is installed or
run from the storage device.
CONCURRENT USE - A license for the SOFTWARE PRODUCT may not be used
concurrently on different computers, however, this agreement does allow
a licensed user to install the SOFTWARE PRODUCT on both a work computer
and a home computer, provided the SOFTWARE PRODUCT is not in use on
both machines at the same time.
b. If you are an entity, ActMask grants you the right the same rights
c. If you are outsourcer, ActMask grants you manage/evaluate/maintain
the software and provide administrative duties (ie. invoice payment,
ordering, etc.) on behalf of the licensee.
d. UNTIL A VALID SERIAL NUMBER HAS BEEN ISSUED TO YOU BY ActMask, YOU
MAY ONLY USE THE SOFTWARE FOR A TRIAL PERIOD NOT TO EXCEED FIFTEEN (15)
DAYS FROM THE INITIAL INSTALLATION. YOU AGREE TO REMOVE ANY COPIES OF
THE SOFTWARE UPON EXPIRATION OF THE TRIAL PERIOD IF YOU DO NOT PURCHASE
THE SOFTWARE. YOU MAY NOT DISTRIBUTE ANY PORTION OF THE SOFTWARE, INCLUDING
THOSE PORTIONS OUTLINED UNDER "REDISTRIBUTABLE CODE" BELOW,
UNTIL YOU ARE ISSUED A VALID SERIAL NUMBER. NO LICENSE IS GRANTED UNTIL
e. ELECTRONIC DOCUMENTS : Solely with respect to electronic documents
included with the SOFTWARE, you may make an unlimited number of copies
(either in hardcopy or electronic form), provided that such copies shall
be used only for internal purposes and are not republished or distributed
to any third party.
f. STORAGE/NETWORK USE : You may store or install one (1) copy of the
SOFTWARE on a storage device, such as a network server, for backup and
archival purposes only. A license for the SOFTWARE may not be shared
or used concurrently on different computers.
g. You agree not to modify the Producer or Creator fields within any
PDF documents created by SOFTWARE.
h. ActMask reserves all rights not expressly granted.
3. COPYRIGHT: The SOFTWARE is owned by ActMask and its suppliers, and
its structure, organization and code are the valuable trade secrets of
ActMask and its suppliers. The SOFTWARE is protected by United States
Copyright Law and International Treaty provisions. You may use trademarks
only insofar as required to comply with Section 1 of this License Agreement
and to identify printed output produced by the Software, in accordance
with accepted trademark practice, including identification of trademark
owner's name. Such use of any trademark does not give you any rights of
ownership in that trademark. Except as stated above, this License Agreement
does not grant you any intellectual property rights in the Software.
General Limitations - You may not resell, transfer, rent or lease the
SOFTWARE. You agree not to modify, adapt, translate, reverse engineer,
decompile, disassemble or otherwise attempt to discover the source code
of the Software. You may not alter or modify in any way the installer
for the Software, or create a new installer for the Software. Any such
unauthorized use shall result in immediate and automatic termination of
this license and may result in criminal and/or civil prosecution.
Separation of Components - The SOFTWARE PRODUCT is licensed as a single
product. Its component parts may not be separated for use on more than
Termination - Without prejudice to any other rights, ActMask may terminate
this EULA if you fail to comply with the terms and conditions of this
EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT
and all of its component parts.
Development License Restrictions - These restrictions apply to a licensee
who develops Application Software that utilizes SOFTWARE PRODUCT in a
commercially distributed application.
Development License (Redistributable License): A Development License is
required when the LICENSED SOFTWARE is incorporated into a software product
that is used outside of LICENSEE'S company, e.g. when the software product
is sold or distributed to customers of LICENSEE. Development License is
for software company to integrate it into their own application and redistribute
it. With development license, LICENSEE can integrate ActMask's product
with their application and distribute it with their own application royalty
free. In this instance LICENSEE can include the LICENSED SOFTWARE within
the installer used for their own application and this right takes precedence
over the installer restrictions stated in 2.a and Section 4 - General
Licensee is granted the non-transferable, non-exclusive, and perpetual
right to use the program in products developed, marketed, and distributed
by licensee, and distribute the program to third parties as an integral
part of such products. Licensee agrees that he will distribute the program
to third parties only integrated or in conjunction with hardware or software
products that make use of the program ("authorized products").
Such authorized products must add substantial functionality to the program.
Products which in essence mimic the program's programming interface (or
a subset thereof) are not permitted under any license. The redistributable
license includes the right to sublicense to third parties the right to
use authorized products to the extent such authorized products use the
(i) SOFTWARE PRODUCT is not the sole or primary component of such Application
(ii) You must give proper acknowledgment of the copyright of ActMask;
(iii) Must not be used to create a software application that competes
with or is intended to compete with, directly or indirectly, the SOFTWARE
(iv) The Application Software must add significant value to the SOFTWARE
All other uses that fall outside the scope of the License Agreement must
receive the written permission of ActMask
5. UPGRADES: If the SOFTWARE is labeled as an upgrade, you must be properly
licensed to use a product identified by ActMask as being eligible for
the upgrade in order to use the SOFTWARE. SOFTWARE labeled as an upgrade
replaces and/or supplements the product that formed the basis for your
eligibility for the upgrade. You may use the resulting upgraded product
only in accordance with the terms of this License Agreement. If the SOFTWARE
is an upgrade of a component of a package of software programs that you
licensed as a single product, the SOFTWARE may be used and transferred
only as part of that single product package and may not be separated for
use on more than one computer.
6. REDISTRIBUTABLE CODE:
I. SERVER LICENSE - No portion of SOFTWARE PRODUCTS may be
II. DESKTOP RUNTIME APPLICATION LICENSE - No portion of SOFTWARE PRODUCTS
may be redistributed.
7. EXPORT RESTRICTIONS: You agree that neither you nor your customers
intend to or will, directly or indirectly, export or transmit (a) the
SOFTWARE or related documentation and technical data or (b) your software
products as defined under of this License Agreement (or any part thereof),
or any process or service that is the direct product of the SOFTWARE to
any country to which such export or transmission is restricted by any
applicable U.S. regulation or statute, without the prior written consent,
if required, of the Bureau of Export Administration of the U.S. Department
of Commerce, or such other governmental entity as may have jurisdiction
over such export or transmission.
8. NO WARRANTY: The SOFTWARE is being delivered to you AS IS and ActMask
makes no warranty as to its use or performance. ActMask AND ITS SUPPLIERS
DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY
USING THE SOFTWARE OR DOCUMENTATION. ActMask AND ITS SUPPLIERS MAKE NO
WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT WILL
ActMask OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL
OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF
AN ActMask REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some states or jurisdictions
do not allow the exclusion or limitation of incidental, consequential
or special damages, or the exclusion of implied warranties or limitations
on how long an implied warranty may last, so the above limitations may
not apply to you.
9. GOVERNING LAW AND GENERAL PROVISIONS: This License Agreement will
be governed by the laws of the State of California, U.S.A., excluding
the application of its conflicts of law rules. This License Agreement
will not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, the application of which is expressly
excluded. If any part of this License Agreement is found void and unenforceable,
it will not affect the validity of the balance of the License Agreement,
which shall remain valid and enforceable according to its terms. You agree
that the Software will not be shipped, transferred or exported into any
country or used in any manner prohibited by the United States Export Administration
Act or any other export laws, restrictions or regulations. This License
Agreement shall automatically terminate upon failure by you to comply
with its terms. This Agreement may only be modified in writing signed
by an authorized officer of ActMask.
10. U.S. government information: use, duplication, or disclosure by the
U.S. Government of the computer software and documentation in this package
shall be subject to restrictions as set forth in subparagraph (c)(1)(ii)
of the Rights in Technical Data and Computer Software clause at DFARS
252.277-7013 (Oct 1988) and FAR 52.227-19 (Jun 1987).
Unpublished-rights reserved under the copyright laws of the United States.