Xtreme Toolkit for MFC

SOFTWARE LICENSE AND LIMITED WARRANTY AGREEMENT

TERMS AND CONDITIONS of an AGREEMENT by and between Codejock.com Software and you (either an individual or an entity), the licensee of Codejock.com proprietary software "Xtreme Toolkit". By installing this software package, or exercising your rights to make and use copies of the Software (as m ay be provided for below), or pressing the 'Yes' button below, you agree to be bound by the terms of this Codejock.com Software 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 Codejock.com Software for more information.

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, make files and scripts, together with the accompanying documentation (collectively known as the "Software") is owned by Codejock.com Software or its suppliers and is protected by U.S. copyright laws and international 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.

CODEJOCK.COM SOFTWARE 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:

(i) Incorporate the dynamic link libraries and statically linked libraries into C++ software application products that you develop; (ii) 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 C++ software application products that you develop; (iii) make and distribute copies of the dynamic link libraries and statically linked libraries of the Software as incorporated into C++ software application products that you develop provided that the Software, or other Codejock.com Software products, do not constitute a major portion of the value of your product; (iv) solely with the respect to electronic documents, you may make an unlimited number of copies (either in hardcopy or electronic form), provided that such copies shall be used only for internal purposes and are not republished or distributed beyond the licensee's premises; (v) 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:

(i) Distribute in any manner any of the header files, source code, SAMPLE CODE, make files, object modules or independent static libraries of the Software; (ii) use, copy, modify, merge or compile all or any portion of the source code or object code of the Software except as expressly provided in this agreement. (iii) make telecommunication transmittal of the Software; (iv) 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 Codejock.com Software's distribution of the Software; (v) decompile, disassemble or reverse engineer any object code form of any portion of the Software; (vi) expose the interfaces of the Software through your application. (e.g. an OCX, DLL, class library, etc..); (vii) rent or lease the Software; (viii) disclose any source codes of the Software to any person or entity; (ix) port the Software to any computer Operating System other than: Windows NT, Windows 95, Windows 98 or Windows 2000.

THE SOURCE CODES OF THE SOFTWARE ARE VALUABLE ASSETS OF CODEJOCK.COM SOFTWARE. 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

THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS (INCLUDING INSTRUCTIONS FOR USE) ARE PROVIDED "AS IS". IF FOR ANY REASON YOU ARE DISSATISFIED WITH THE SOFTWARE, YOU MAY RETURN THIS SOFTWARE FOR A FULL REFUND LESS A 20% RESTOCKING FEE AND LESS ALL SHIPPING COSTS BY RETURNING THE DISK ON WHICH THIS SOFTWARE IS STORED, AND ALL PACKAGING AND DOCUMENTATION FOR THE SOFTWARE, TOGETHER WITH PROOF OF PURCHASE, TO THE PLACE WHERE YOU OBTAINED THE SOFTWARE WITHIN THIRTY (30) DAYS AFTER THE DATE OF PURCHASE THEREOF.

If the disk on which the Software is recorded is defective, return the disk within ninety (90) days from the date of delivery as evidenced by a copy of your receipt for the Software, and the disk will be replaced free of charge. A disk is "defective" if the Software cannot be loaded into memory or virtual memory on your computer in accordance with the grant of rights to you. If such failure of the disk has resulted from accident, abuse, misapplication, or any breach of this Agreement by you, Codejock.com Software shall have no responsibility to replace the disk, or otherwise. In the event of replacement of the disk, the replacement disk will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is the longer.

CODEJOCK.COM SOFTWARE DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF USE, OF THE SOFTWARE OR WRITTEN MATERIALS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENT, OR OTHERWISE. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE.

Codejock.com Software does not warrant that the Software will meet your requirements, that operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. Codejock.com Software is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software nor for problems in the interaction of the Software with non-Codejock.com Software. Codejock.com Software will have no responsibility to replace or refund the license fee for media damaged by accident, abuse or misapplication.

THIS SOFTWARE IS INTENDED FOR COMMERCIAL, INSTITUTIONAL, AND INDUSTRIAL USERS. THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CODEJOCK.COM SOFTWARE, ITS EMPLOYEES, DISTRIBUTORS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. NEITHER CODEJOCK.COM SOFTWARE NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE SOFTWARE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS LOSSES, BUSINESS INTERRUPTION, LOSS OF DATA, AND THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, OR ANY OTHER CLAIM BY ANY PARTY EVEN IF CODEJOCK.COM SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT CODEJOCK.COM SOFTWARE IS LIABLE FOR ANY DAMAGES, CODEJOCK.COM SOFTWARE'S LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE UNDER THE TERMS AND CONDITIONS OF THIS AGREEMENT.

U.S. GOVERNMENT RESTRICTED RIGHTS

The SOFTWARE and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights at 48 CFR 52.227-19, as applicable. Contractor/manufacturer is Codejock.com Software, PO Box 248, Bancroft, Michigan 48817.

The laws of the state of Michigan govern this agreement.

Codejock.com Software
PO Box 248
Bancroft, Michigan 48817
http://www.codejock.com/