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General End User License Agreement

This SUNNY-TDZ End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and SUNNY-TDZ for the SUNNY-TDZ software product(s) accompanying this EULA, which include(s) computer software and may include “online” or electronic documentation, associated media, and printed materials (“SOFTWARE PRODUCT”). By installing, copying, or otherwise using the SOFTWARE PRODUCT or any UPDATES (as defined below), you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, copy, or otherwise use the SOFTWARE PRODUCT. In addition, by installing, copying, or otherwise using any updates or other components of the SOFTWARE PRODUCT that you receive separately as part of the SOFTWARE PRODUCT (“UPDATES”), you agree to be bound by any additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or otherwise use such UPDATES.

SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. LICENSE TO USE SOFTWARE PRODUCT

1.1 General License Grant.

SUNNY-TDZ grants to you as an individual or a single business entity, a personal non-exclusive non-transferable license to make and use copies of the SOFTWARE PRODUCT for the primary purpose of designing, creating and testing computer programs (“SOFTWARE DEVELOPMENT”). You may install functional copies of the SOFTWARE PRODUCT on only one computer at a time, per license granted. If you are an entity, SUNNY-TDZ grants you the right to designate one individual within your organization to have the sole right to use the SOFTWARE PRODUCT in the manner provided above. You may build a LiveCode¬© (RunRev) application using the SOFTWARE PRODUCT, in accordance with Appendix A. You must not permit any person to access the Licensing Key. You must not rent, lease or lend a LiveCode¬© stack using the SOFTWARE PRODUCT.

1.2 Storage/Network 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 computers used by a licensed end user in accordance with Section 1.1. A single license for the SOFTWARE PRODUCT may not be shared or used concurrently by other end users.

1.3 This Section 1.3 applies

to separate tools and other software programs (each such tool or software program, a “Component”) contained in the SOFTWARE PRODUCT INSTALLATION BUNDLE. Components that you receive as part of the SOFTWARE PRODUCT may include a separate end-user license agreement (each, a “Component EULA”). Except as provided in Section 4, in the event of inconsistencies between this EULA and any Component EULA, the terms of this EULA shall control.

2. SUPPORT SERVICES.

On your request SUNNY-TDZ may provide support services related to the SOFTWARE PRODUCT; these support services will be subject to a new agreement.

2.1 Any supplemental software code

provided to you as part of the Support Services shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this EULA. With respect to any technical information you provide to SUNNY-TDZ as part of the Support Services, SUNNY-TDZ may use such information for its business purposes, including for product support and development. SUNNY-TDZ will not utilize such technical information in a form that personally identifies you.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

3.1 Not For Resale Software.

The SOFTWARE PRODUCT is labeled “Not For Resale” and you may not resell, or otherwise transfer for value, the SOFTWARE PRODUCT.

3.2 Limitations on Reverse Engineering, Decompilation, and Disassembly.

You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT under any conditions.

3.3 Rental.

You may not rent, lease or lend the SOFTWARE PRODUCT.

3.4 Trademarks.

This EULA does not grant you any rights in connection with any trademarks or service marks of SUNNY-TDZ.

3.5 Separation of Components.

The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use by more than one user.

3.6 Termination.

Without prejudice to any other rights, SUNNY-TDZ 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.

4. UPGRADES.

If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by SUNNY-TDZ as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT 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 EULA. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT 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.

5. COPYRIGHT.

All title and intellectual property rights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and models incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by SUNNY-TDZ or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by SUNNY-TDZ.

6. LIMITED WARRANTY

Except with respect to the REDISTRIBUTABLES and PRERELEASE CODE, which are provided “as is”, without warranty of any kind, SUNNY-TDZ warrants that (a) the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) any Support Services provided by SUNNY-TDZ shall be substantially as described in applicable written materials provided to you by SUNNY-TDZ, and SUNNY-TDZ support engineers will make commercially reasonable efforts to solve any problem. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT, if any, are limited to ninety (90) days. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. CUSTOMER REMEDIES. SUNNY-TDZ’s and its suppliers’ entire liability and your exclusive remedy shall be, at SUNNY-TDZ’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet SUNNY-TDZ’s Limited Warranty and that is returned to SUNNY-TDZ with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by SUNNY-TDZ are available without proof of purchase.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SUNNY-TDZ AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SUNNY-TDZ OR ITS SUPPLIERS 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 PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SUNNY-TDZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SUNNY-TDZ’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S.$5.00; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A SUNNY-TDZ SUPPORT SERVICES AGREEMENT, SUNNY-TDZ’S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. LICENSE DURATION

This license covers the SUNNY-TDZ software product accompanying this EULA and the updates of this product. However, a new Major Release requires a new license. Unless otherwise defined via a specific communication, Major Releases are designated by the number to the left of the decimal point such as 1.0, 2.0, 3.0, etc..

8. MISCELLANEOUS

GOVERNING LAW AND VENUE. This EULA will be governed by and construed in accordance with the laws of France. Any litigation or other dispute resolution between the parties relating to this EULA shall take place in Auxerre, France, and the parties hereby consent to the jurisdiction of, and the venue in, the courts located in Auxerre in France. SEVERABILITY. If any term, provision, covenant or condition of this Agreement, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this Agreement and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. AMENDMENT. SUNNY-TDZ has the right to amend this EULA from time to time. To distribute the application, you must protect the part of the LiveCode¬©’ script (code) containing the License User ID and License User Key. This implies the protection of the stack containing the License User ID and License User Key. For this, use the password property to encrypt the stack’s script, or better, before you release the application, set the password on the stacks screen of the standalone application settings window. For any questions regarding the correct execution of this procedure, contact SUNNY-TDZ.