Source code licence agreement

Polar, d.o.o.
Put Supavla 1
21000 Split
Croatia, Europe

Web site: http://www.polarsoftware.com

SINGLE USER SOURCE CODE LICENSE AGREEMENT

IMPORTANT – READ CAREFULLY!
By installing this software package, or exercising your rights to make and use copies of the Software (as may be provided for below), you agree to be bound by the terms of this Polar Software Source Code License Agreement. If you do not agree to the terms of this Agreement, promptly return this package to the place from which you obtained it within 30 days for a full refund. If you would like specific rights not granted in this agreement, please contact Polar for more information.

Polar Software License Agreement

The enclosed software, including, but not limited to, one or more of the following: source code, object code, dynamic link libraries, static libraries, header files, sample programs, utility programs, Makefiles and scripts, together with the accompanying documentation (collectively known as the “Software”) is owned by Polar or its suppliers and is protected by international copyright laws and treaties. Therefore, you must treat the Software like any copyrighted material (e.g., a book or musical recording) except that you may make either (a) one backup copy of the Software solely for backup purposes, or (b) transfer the Software to a hard disk and keep the original copy solely for backup purposes.

Polar grants to you (one software programmer) the limited right to use only one copy of the Software on a single computer (typically one personal computer) in the manner set forth in this agreement. Each Software Programmer must have his or her own license to use the Software.

Subject to the restrictions contained in this agreement, you MAY:

  • Incorporate the dynamic link libraries and statically linked libraries into software application products that you develop.
  • Modify (i.e. modify the source code and rebuild) the dynamic link libraries and statically linked libraries and incorporate the modified dynamic link libraries and statically linked libraries into software application products that you develop.
  • Make and distribute copies of the dynamic link libraries and statically linked libraries of the Software as incorporated into software application products that you develop provided that the Software, or other Polar products, do not constitute a major portion of the value of your product.
  • Use and modify the source code version of those portions of the Software that are identified in the documentation as the Sample Code (“SAMPLE CODE”), provided you do not distribute the SAMPLE CODE, or any modified version of the SAMPLE CODE, in source code form.

Notwithstanding any provisions in this agreement to the contrary, you may NOT:

  • Distribute in any manner any of the header files, source code, SAMPLE CODE, Makefiles, object modules or independent static libraries of the Software.
  • Make telecommunication transmittal of the Software.
  • Distribute any portion of the Software or any derivative of any portion of the Software in a software development product or otherwise in competition with Polar’s distribution of the Software.
  • Disclose any source codes of the Software to any person or entity.

The source codes of the Software are valuable assets of Polar. You agree to keep all source codes of the Software in confidence. You may not transfer or assign the Software or your rights under this agreement.

Limited Warranty

Polar warrants to you (the original licensee only) that the unaltered Software will substantially perform the functions described in the documentation for a period of 60 days after the date of delivery of the Software to you. Polar’s sole obligation under this warranty shall be limited to using reasonable efforts to correct material, documented, reproducible defects in the unaltered Software that you describe and document to Polar during the 60-day period. In the event that Polar fails to correct a material, documented, reproducible defect within a reasonable period, Polar may, in Polar’s discretion, replace the defective Software, or refund to you the amount that you paid Polar for the defective Software and cancel this agreement and the licenses granted herein. In such event, you agree to return to Polar all copies of the Software.

EXCEPT AS SPECIFICALLY PROVIDED IN THE PARAGRAPH IMMEDIATELY ABOVE, POLAR MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL POLAR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF POLAR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Polar will provide you (the original licensee only) with limited technical support by electronic media for a period of 60 days after delivery of the Software to you.
You can use your technical support rights by contacting us by at http://www.polarsoftware.com/about/contact/.

LIMITATION OF LIABILITY

IN NO EVENT WILL POLAR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR REVENUES, LOSS OF DATA, BUSINESS INTERRUPTION LOSS, RECOVERY OR SUBSTITUTION COSTS, OR CLAIMS BY THIRD PARTIES, OR OTHER INDIRECT INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF POLAR OR A POLAR DEALER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL POLAR’S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE.

HIGH RISK ACTIVITIES

The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage (“High Risk Activities”).
Polar and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

GENERAL:

This agreement is governed by international copyright laws and treaties. The prevailing party in any action or proceeding brought in connection with a breach of this Agreement will be entitled to reimbursement by the other party for costs and reasonable attorneys’ fees.
Any questions concerning this Agreement should be referred in writing to Polar (see our address on top of this agreement).

COPYRIGHT NOTICE. Copyright © 1998-2003 Polar and/or its suppliers, Put Supavla 1, 21000 Split, Croatia, Europe. All rights reserved. Specifications subject to change without notice.

Any rights not expressly granted herein are reserved.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, AND BY OPENING THIS SOFTWARE PACKAGE INDICATE YOUR ACCEPTANCE OF ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT IT IS THE COMPLETE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PRIOR INFORMATION OR REPRESENTATIONS YOU RECEIVED RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT. NO POLAR DEALER, DISTRIBUTOR REPRESENTATIVE OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS OR ADDITIONS TO THIS AGREEMENT.

 

© 1995 - 2018 Polar d.o.o.