OEM LICENSE
END-USER LICENSE AGREEMENT
For SWF Protector
By DCoM Soft

NOTICE TO USER: PLEASE READ THIS CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT USE THIS SOFTWARE.

1. DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Licensor" means DCoM Soft.
"Licensee" means You or Your Company, unless otherwise indicated.
"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to (i) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by DCoM Soft (collectively, "Updates").
"Derivative Work(s)" means a revision, modification, translation, abridgment, condensation or expansion of DCoM Soft Product or Documentation or any form in which an DCoM Soft Product or Documentation may be recast, transferred, or adapted, which, if prepared without the consent of DCoM Soft, would be a copyright infringement. The software application the Licensee creates using the DCoM Soft Product is not a Derivative Work.
"Licensed Material" shall mean that portion of Product or Product as a whole, as specified exactly, to which a License is being granted.
"Sublicense" is a license granted by the Licensee to a third party, pursuant to the conditions of the valid OEM License held by the Licensee.

2. SOFTWARE LICENSE
2.1 You may physically or electronically distribute the Software to your manufacturing and service partners but only as an intermediary product, requiring incorporation of the Software into the software or hardware developed by the Licensee in cases when the manufacturing process involves the Licensee’s partner’s job to complete the project before distributing it to end-users.
2.2 You may not physically or electronically distribute the License package you get from the Licensor to your manufacturing and service partners, which would violate the non-transferable condition of the License.
2.3 You or your manufacturing and service partners may reproduce and physically or electronically distribute the Software only as an integral part of or incorporated in your software or hardware product or as a standalone Software maintenance update for existing end users of your products, excluding any other standalone products.
2.4 The Software purchased through an OEM License may be incorporated into software and hardware sold by the Licensee, or may be provided as components of DCoM Soft products to accompany software and hardware sold by the Licensee.
2.5 The OEM license doesn’t include any rights on the Source Code (machine code) of the Software.
2.6 The OEM License entitles You to unlimited redistribution of our software as a part of yours (commercial software included). The License is royalty-free, i.e. You do not need to pay a fee per every order of your product You incorporate our technology into.
2.7 The OEM license can be deployed by an unlimited number of developers, on an unlimited number of computers that belong to the Licensee.
2.8 OEM license is non-exclusive and non-transferable.
2.9 OEM license cannot be used by the Licensee to develop a software application which will compete with any software application developed by the Licensor.
2.10 OEM license doesn’t include re-distribution or customization rights on the graphical user interface that is supplied by the Licensor with a Software download package.

3. INTELLECTUAL PROPERTY RIGHTS
Title to and ownership of all copies of the DCoM Soft products and documentation whether in machine-readable or printed form, and including, without limitation, Derivative Works, compilations, or collective works thereof and all related technical know-how and all rights therein (including without limitation rights in patents, copyrights, and trade secrets applicable thereto), are and shall remain the exclusive property of DCoM Soft.
Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without DCoM Soft specific approval are strictly prohibited. You are not authorized to use any plug-in or enhancement that permits You to save modifications to a file with software licensed and distributed by DCoM Soft.
The structure, organization and code of the Software are the valuable trade secrets and confidential information of DCoM Soft and its suppliers. The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
Any copies that You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.
Any information supplied by DCoM Soft or obtained by You, as permitted hereunder, may only be used by You for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give You any rights of ownership in that trademark. This Agreement does not grant You any intellectual property rights in the Software.

4. MULTIPLE LANGUAGE SOFTWARE / UPDATES
If the Software supports multiple languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you received the Software bundled with other software, the total number of your computers, on which all versions of the Software are installed, may not exceed the number specified by this License. You may not, rent, lease, sublicense, lend or transfer any versions or copies of such Software You do not Use.

If the Software is an Update to a previous version of the Software, You must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your computer after You receive the Update to assist You in the transition to the Update, provided that: the Update and the previous version are installed on the same computer; the previous version or copies thereof are not transferred to another party or computer not belonging to You or your Company; and You acknowledge that any obligation DCoM Soft may have to support the previous version of the Software may be ended upon availability of the Update.

5. WARRANTY
5.1 The Licensor warrants that:
5.1.1 it owns the Software and documentation and/or is in possession of valid and existing licenses that support the terms of this agreement,
5.1.2 to the best of its knowledge, the Software does not infringe upon or violate any intellectual property right of a third party and the Licensor will indemnify, defend and hold the Licensee harmless in the event of a claim related thereto;
5.1.3 the Software does not contain any back door, time bomb, drop dead device or other routine intentionally designed by the Licensor to disable a computer program or computer instructions that alter, destroy or inhibit the processing environment.
5.2 Except those warranties specified in section 5.1 above, the Software is being delivered to You "AS IS" and DCoM Soft makes no warranty as to its use or performance. DCOM SOFT AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, DCOM SOFT AND ITS SUPPLIERS MAKE NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.

6. LIMITATION OF LIABILITY
IN NO EVENT WILL THE LICENSOR, DCOM SOFT, OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY.
IN NO EVENT WILL THE LICENSEE BE LIABLE TO DCOM SOFT ON CONDITION THAT THE LICENSEE COMPLIES WITH ALL TERMS AND CONDITIONS STATED IN THIS LICENSE.
© 2000-2012 DCoM Soft. All rights reserved.