ActiveState Tcl Dev Kit (Mac) 5.4


EULA - End User License Agreement



Tcl Dev Kit Licensing

Copyrights and Trademarks

Copyright (C) 2001-2011 ActiveState Software Inc. All Rights
Reserved. ActiveState, Tcl Dev Kit, ActiveTcl and ASPN are trademarks
or registered trademarks of ActiveState Software Inc. All other
products mentioned are trademarks or registered trademarks of their
respective companies.

ACTIVESTATE TCLDEVKIT LICENSE AGREEMENT

Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR
SALE. By using and installing ActiveState Software Inc.'s Software or,
where applicable, choosing the "I ACCEPT..." option at the end of the
License you indicate that you have read, understood, and accepted the
terms and conditions of the License. IF YOU DO NOT AGREE WITH THE
TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE
Software. If the Software is already downloaded or installed, you
should promptly cease using the Software in any manner and destroy all
copies of the Software in your possession. You, the user, assume all
responsibility for the selection of the Software to achieve your
intended results and for the installation, use and results obtained
from the Software. If you have any questions concerning this, you may
contact ActiveState via Sales@ActiveState.com.

This ActiveState License ("License") is made between ActiveState
Software Inc. ("ActiveState") as licensor, and you, as licensee, as of
the date of your use of the Software (the Software is in use on a
computer when it is loaded into the RAM or installed into the
permanent memory (e.g., hard disk or other storage device) of that
computer).

This License reflects ActiveState's intent to retain full ownership of
and control of the use and distribution of ActiveState Tcl Dev Kit,
the License Key (as hereinafter defined) and other applicable software
(collectively the "Software").

1. License Grant. Subject to the terms and conditions of this
License, ActiveState grants to you a personal, non-exclusive,
non-transferable, and limited license to use the Software solely to
create, compile, test and deploy, in source or object code form, your
own application programs ("Works"). You may create redistributable
applications based on your unique development work using the Software
and you may sublicense to end users of such Works ("End Users") the
personal, non-exclusive, non-transferable right to install and execute
the files, and/or libraries that are necessary to use the Works
created using the Software. Use of such files and/or libraries by
such End Users is limited to runtime purposes only. You may not
provide any End User with access to the development or interactive
capabilities of the Software libraries or technology, nor may you
expose the base programming language as a scripting language within
the Works to any such End User. When you pay the license fee
established by ActiveState, you will receive a license key (the
"License Key") from ActiveState that authorizes you to use the
Software only in the following specific contexts:

(i) Commercial Use. If your License Key authorizes Commercial Use, you
may use the software on more than one computer or on a network so long
as you are the sole user of the Software. (A "network" is any
combination of two or more computers that are electronically linked
and capable of sharing the use of a single software program.) You
will obtain a separate license for each additional user of the
Software (whether or not such users are connected on a network). You
may make only one copy of the Software for archival or backup
purposes. You are not permitted to sell, lease, distribute, transfer,
sublicense, or otherwise dispose of the Software, in whole or in part,
for any form of actual or potential commercial gain or consideration.

(ii) Evaluation (Trial) Use. If your License Key authorizes Evaluation
(Trial) Use you may use the software only for evaluation purposes
without payment of the License Fee for a period of no more than
twenty-one (21) days from the date of download or installation into
your hard drive.

(iii) Non-commercial Use. If your License Key authorizes
Non-commercial Use, you may use the software in a teaching or learning
environment only. You are not permitted to sell, lease, distribute,
transfer, sublicense, or otherwise dispose of the Software, in whole
or in part, for any form of actual or potential commercial gain or
consideration.

(iv) Other Use. Any use of the software other than the uses specified
above requires a separate license from ActiveState and the payment of
additional license fees as determined by ActiveState. Such additional
redistribution options are available, at ActiveState's sole
discretion, on a case-by-case basis. Contact us at
Sales@ActiveState.com to discuss any redistribution options not
covered by this license agreement. ActiveState reserves all rights
not expressly granted to you herein.

This clause is intended to protect the rights of ActiveState's
intellectual property and to prevent distribution of products that
provide competitive functionality to the Software.

2. Student License. Student Edition Software means full versions of
ActiveState Software, offered with special pricing and license terms,
and only available to Qualified Student Users.

(i) Student Edition Special License Terms. Student Edition Software is
not transferable. Student software is not version
upgradeable. Commercial use is permitted only if the User is: a
Qualified Student User at the time of purchasing the Software, a
Qualified Student User at the time of development of Works and a
Qualified Student User at the time of sublicensing of the Works.

(ii) Please refer to the ActiveState student license requirements or
contact ActiveState for further information on what is a "Qualified
Student User," and about other licensing options that may be
available.

3. Termination. This License Agreement is effective until
terminated. ActiveState may terminate this License immediately and
without prior notice if you breach any term of this License or for any
reason whatsoever. In the event of any termination or expiration, you
agree to immediately destroy and/or erase the original and all copies
of the Software, any accompanying documentation and License Keys and
to discontinue their use and you will not retain or store the Software
or any copies thereof, in any form or medium.

4. Proprietary Rights. The Software is licensed, not sold, to
you. ActiveState reserves all rights not expressly granted to
you. Ownership of the Software and its associated proprietary rights,
including but not limited to patent and patent applications, are
retained by ActiveState. The Software is protected by the copyright
laws of Canada and the United States and by international
treaties. Therefore, you must comply with such laws and treaties in
your use of the Software. You agree not to remove any of ActiveState's
copyright, trademarks and other proprietary notices from the Software.

5. Distribution. Except as may be expressly allowed in Section 1, or
as otherwise agreed to in a written agreement signed by both you and
ActiveState, you will not distribute the Software, either in whole or
in part, in any form or medium.

6. Transfer and Use Restrictions. You may not sell, license,
sub-license, lend, lease, rent, share, assign, transmit,
telecommunicate, export, distribute or otherwise transfer the Software
to others, except as expressly permitted in this License Agreement or
in another agreement with ActiveState. In order to use the Software
you will be required to obtain a License Key and agree to this License
Agreement for the use of the Software. You will not disclose or
provide access to your License Key to any other person or entity. You
must comply with all applicable Canadian and other export control laws
in your use of the Software. Except as may be expressly permitted
above, you may not modify, reverse engineer, decompile, decrypt,
extract or otherwise disassemble the Software.

7. REGARDING THE SOFTWARE IN PARTICULAR, ACTIVESTATE DOES NOT WARRANT
THAT THE SOFTWARE WILL FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING
DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM OR SOFTWARE
ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE WITH EVERY COMPUTER
SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME
THE ENTIRE COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS.

8. DISCLAIMER. ACTIVESTATE DOES NOT WARRANT THAT THE SOFTWARE IS FREE
FROM BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON
AN "AS IS" BASIS AND ACTIVESTATE MAKES NO OTHER WARRANTIES OR
CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY
ACCOMPANYING ITEMS INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

9. LIMITATION OF LIABILITY. ACTIVESTATE WILL HAVE NO LIABILITY OR
OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION,
THE COST OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES
OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE
OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR
INABILITY TO USE THE SOFTWARE. IN NO EVENT WILL ACTIVESTATE'S TOTAL
AGGREGATE LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL
BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY,
INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD
TO THE SOFTWARE AND/OR THIS LICENSE EXCEED THE LICENSE FEE PAID BY YOU
TO ACTIVESTATE. FURTHER, ACTIVESTATE WILL NOT BE LIABLE FOR ANY DELAY
OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LICENSE AS A RESULT
OF ANY CAUSES OR CONDITIONS BEYOND ACTIVESTATE'S REASONABLE CONTROL.

10. U.S. Government Restricted Rights Legend. If the Software is
acquired by any agency or other part of the U.S. government in a
transaction subject to the Federal Acquisition Regulations or the
Defense Federal Acquisition Regulations, the Software is furnished
with Restricted Rights. Use, duplication, or disclosure of the
Software by the U.S. government is subject to all applicable
restrictions set forth in such Regulations, as amended from time to
time, including subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights clause at Section 48
C.F.R. 52.227-19.

11. Entire Agreement. This License and the Usage License Agreement
constitutes the entire agreement between you and ActiveState regarding
the Software and all accompanying documentation. If any provision is
found to be invalid by a court of competent jurisdiction, the balance
of the provisions will remain in full force and effect. This License
will be governed by and construed in accordance with the laws of the
Province of British Columbia, Canada, excluding its conflict of laws
rules. The parties hereby attorn to the jurisdiction of the courts of
the Province of British Columbia in the event of any dispute
hereunder. The provisions of the U.N. Convention on Contracts For The
International Sale of Goods (1980) and any successor Convention, will
not apply to this License.

12. Inurement. The rights, restrictions, limitations, disclaimers and
remedies granted to, retained by, or for the benefit of ActiveState
will inure to the benefit of and will be enforceable by ActiveState
and its licensors, successors and assigns. You may not assign your
rights, obligations and interest in and to this License without the
prior written consent of ActiveState. The obligations, covenants and
rights which apply to you will inure to your benefit and will be
binding on you and your permitted successors and assigns.

BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CHOOSING THE "I
ACCEPT..." OPTION, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND
ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE
WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE
SOFTWARE.



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Users Rating:  
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Downloads: 204
Updated At: 2024-03-19
Publisher: ActiveState Software Inc.
Operating System: mac
License Type: Free Trial