IMPORTANT - PLEASE READ CAREFULLY

This End-User License Agreement ("EULA") is a legal agreement between you and DOMOLOGIC GmbH ("DOMOLOGIC"), which governs your use of the JControl/IDE that will be installed to your computer hardware ("SOFTWARE"). If you agree to be legally bound by the terms of this EULA, you may install the software. If you do not agree to the terms of this EULA, DOMOLOGIC is unwilling to license the SOFTWARE to you. In such case, you may not install the SOFTWARE.


1.  OWNERSHIP. All right, titles and interest in and to the SOFTWARE and the files associated therewith are owned by DOMOLOGIC or its suppliers. The foregoing rights to the SOFTWARE are limitedly licensed to you as mentioned in following Article2. Nevertheless, this provision should not be construed as an expression to assign or sell any copyrights or any other intellectual property rights to the SOFTWARE from DOMOLOGIC to you.


2.  GRANT OF LICENSE. 2.1  DOMOLOGIC grants you a non-exclusive license to install and use the SOFTWARE on your computer hardware.

2.2  DOMOLOGIC further grants you a license to make copies of the SOFTWARE solely for archival purposes. Any such copy shall also reproduce all copyright and intellectual property rights notices.

2.3  Except for expressly stipulated in Sections 2.1 and 2.2 above, DOMOLOGIC does not grant you any license relating to the SOFTWARE. Especially, you may not (i) make any copies of the SOFTWARE except as expressly permitted in accordance with Sections 2.1 and 2.2 of this EULA, (ii) modify the SOFTWARE, (iii) reverse engineer, disassemble, decompile or use the SOFTWARE to create any derivative software, unless such activity is expressly permitted by applicable law notwithstanding this limitation, (iv) use the SOFTWARE on more than one computer hardware concurrently, (v) rent or lease the SOFTWARE, (vi) make available to download the SOFTWARE to the public, or (vii) transfer the SOFTWARE to any third person or parties by wire or any other means.

2.4  The product includes an implementation of the Java 2 runtime environment, included in the jre subdirectory. This code is copyrighted by Sun Microsystems Inc. This product includes further code licensed from RSA Security, Inc. Some portions licensed from IBM are available at http://oss.software.ibm.com/icu4j/

2.5  Furthermore, this software includes portions licensed under the Common Public License (CPL), distributed by the Eclipse project: SWT, JFace, Boot, Runtime and JDT. The CPL is available under http://www.eclipse.org/legal/cpl-v10.html.


3.  NO WARRENTIES. DOMOLOGIC IS IN NO EVENT RESPONSIBLE TO ANY WARRANTIES REGARDING TO THE SOFTWARE INSTALLED BY YOU. DOMOLOGIC SHALL IN NO EVENT WARRANTS THAT THE SOFTWARE HAS NO BUGS OR OTHER NON-CONFORMANCES, THAT THE SOFTWARE DOES NOT INFRINGES ANY OTHER THIRD PARTIES RIGHTS, OR THE SOFTWARE'S CORRECTIVENESS OR COMPLETENESS.


4.  LIMITATION OF LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOMOLOGIC EXPRESSLY DISCLAIMS ANY LIABILITY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SOFTWARE. FURTHER, IN NO EVENT SHALL DOMOLOGIC BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, INCIDENTIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, EVEN IF DOMOLOGIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


5.  TERM. This Agreement will become effective upon your acceptance and continue in effect unless you cease to use the Software. However, DOMOLOGIC may terminate this Agreement without notice if you breach any of its provisions.


6.  GOVERNING LAWS. This Agreement is governed and controlled under the jurisdiction of the laws of Germany. If any of  the provisions of this Agreement shall be declared void, such provisions shall  be severable and independent from the other provisions of this Agreement, and  the validity of the other provisions and of the entire Agreement shall not be affected. 