Software License Agreement
This online document is provided for pre-sale, historical, and other reference purposes. It does not supercede or modify the License Agreement that is provided with the Console Tools installation package.
Please note that Perfect Sync Software License Agreements are agreements between the users of our products and Perfect Sync, Inc., even if you obtain the product from one of our Authorized Resellers. You may have reached this page through an Authorized Reseller's web site, but it is maintained by Perfect Sync, Inc.
License Agreement and DLL Distribution Rights
for Perfect Sync's Console Tools Versions 2.50-2.99
PLEASE READ THIS ENTIRE DOCUMENT.
It describes your legal rights and obligations.
IMPORTANT NOTE: In this document, "Console Tools" refers to Perfect Sync's Console Tools products with version numbers 2.50 through 2.99. This License Agreement is separate and distinct from the License Agreements for versions of Console Tools less than 2.50 or greater than 2.99.
Console Tools Standard License
The Console Tools Standard License allows you to install the Console Tools development package (the contents of the Console Tools Installation File as originally received from Perfect Sync or from an Authorized Reseller) on a single development computer, to use the package for software development, and to distribute the Console Tools Standard Runtime File(s) with applications which you develop, which require the Runtime File(s) to operate properly, and which add significant functionality to the Runtime File(s).
Console Tools Pro License
The Console Tools Pro License allows you to install the Console Tools Pro development package (the contents of the Console Tools Installation File as originally received from Perfect Sync or from an Authorized Reseller) on up to four (4) development computers, to use the package for software development, and to distribute the Console Tools Pro Runtime File(s) with applications which you develop, which require the Runtime File(s) to operate properly, and which add significant functionality to the Runtime File(s).
IMPORTANT NOTE: Each Console Tools Runtime File is serialized. The unique Authorization Code that is embedded in each copy of the Runtime File(s) will allow Perfect Sync to attribute unauthorized or improper distribution to the original licensee. Attempting to change the embedded Authorization Code is a violation of U.S. and international law, and the Runtime File(s) will self-deactivate or malfunction if tampering is detected. Perfect Sync cannot be held responsible for damage to computer files that may be caused by a Console Tools Runtime File that has been intentionally altered. (See LIMITED WARRANTY below.)
If you have not purchased a Console Tools Software License from Perfect Sync or an authorized distributor then you are not legally entitled to use the Console Tools Runtime File(s) for software development or to distribute the Console Tools Runtime File(s) in any manner whatsoever. You may be violating the law and may be subject to prosecution if you distribute this product or use it for software development. Please refer to the U.S. Copyright Act (and other applicable U.S. and international laws and treaties) for information about your legal obligations regarding the use and distribution of copyrighted and other legally protected works.
Software License Agreement
By using the Console Tools DLL for software development you agree to the following terms:
This Software License is an agreement between the Licensee ("you") and the Licensor (Perfect Sync, Inc.). By installing Console Tools (the "software") on a computer system and/or by using the Console Tools machine-executable files (the "Runtime Files") for software development, you agree to the following terms:
The software and documentation is protected by United States copyright law and international treaties. It is licensed for use on a single computer system (Console Tools Standard License) or on four computer systems (Console Tools Pro License). If this software is installed on a computer network, you must obtain a separate license for each network workstation (or group of four workstations) where the software can be used for software development, regardless of whether or not the software is actually used concurrently on multiple workstations.
Only individuals or corporations that have purchased a Console Tools License from Perfect Sync or from an authorized distributor may reproduce and distribute the Console Tools Runtime File(s), and then only with application(s) that 1) are written by the licensee, 2) require the Runtime File(s) to operate, and 3) add significant functionality to the Runtime File(s). In that case, and provided that your application bears your complete and legal copyright notice or the following notice (in no less than a 10pt font)...
Portions © Copyright 2001 Perfect Sync, Inc
...you may distribute the Console Tools Runtime File(s) royalty free.
The Perfect Sync Authorization Code which is provided in human-readable form with the Console Tools installation package is also embedded in the Console Tools Runtime File(s) and is considered to be part of the Runtime File(s). The Authorization Code may be distributed as part of a machine-readable computer program that meets the requirements above, but it may not be distributed in human-readable form (including source code), disclosed physically, electronically, or verbally to any third party, or distributed in any other form. Disclosure or improper distribution of the Authorization Code would allow the unauthorized use of the Console Tools Runtime File(s) by others, and is legally equivalent to the unauthorized distribution of the Runtime File(s) themselves.
No other portion of the Console Tools package, including documentation, header files, and sample program code, may be distributed in any form except by Perfect Sync or an authorized distributor.
Perfect Sync, Inc. warrants that the physical disks (if any) and physical documentation (if any) are free of defects in workmanship and materials for a period of thirty (30) days from the date of purchase. If the disks or documentation are found to be defective within the warranty period, Perfect Sync, Inc. will replace the defective items at no cost to you. The entire liability of this warranty is limited to replacement and shall not, under any circumstances, encompass any other damages.
PERFECT SYNC, INC. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This license and limited warranty shall be construed, interpreted, and governed by the laws of the State of Michigan, in the United States of America, and any action hereunder shall be brought only in Michigan. If any provision is found invalid or unenforceable, the balance of this license and limited warranty shall remain valid and enforceable. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this product shall be subject to the restricted rights under DFARS 52.227-7013 applicable to commercial computer software. All rights not specifically granted herein are reserved by Perfect Sync, Inc.
If you have any questions about your rights and responsibilities under this Software License, please Contact Us.
UPDATED 22 OCT 2006 EP
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