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Terms of the registered user license


Our goal in developing the DaVinci library was to provide you with software of the the highest possible quality that meets the demands of the most exacting specifications. We intend to support the software with ongoing development and support for new contingencies, including (but certainly not limited to) support for new versions and variants of the Windows operating system.

Note that licensing terms outlined below apply only to software and components developed and source-point distributed by the publisher, Bernd Herd. Certain redistributable components contain functions designed to process and assist in display of files compressed using the LZW compression algorithm (specifically LZW-compressed TIFF images and CompuServe GIF). Separate licensing arrangements must be made with Unisys Corporation before this functionality may be implemented in redistributed applications. The publisher does not act as an agent for Unisys and merely provides this functionality as an added feature of the software. No rights to use of Unisys-copyrighted algorithms are either expressed or implied by this license agreement.

Grant of license

Upon receipt of payment for a redistribution and development license, the copyright holder (Bernd Herd) grants you, the licensee, the right to use of a single copy of the DaVinci development package on a single computer (the "SOFTWARE"). Copies and backups of licensed version software may only be generated for the purpose of data security (backup).

Redistribution rights to executable files/components:

The licensee is granted the right to redistribute specified executable files (redistributable components) as components of their own software, without restriction or obligation for supplementary licensing fees or royalties, provided that all software including DaVinci redistributable components include the licensee’s copyright. Transfer of copyright, contract development or third-party redistribution of software developed using using DaVinci components, requires the purchase of an additional license for the client. Redistribution licenses are limited to a single grant of license. The ability to grant redistribution rights to others does not pass from the publisher to the licensee. Only software branded with the licensee's copyright is legally permitted to include redistributable DaVinci components.

Redistribution of freely redistributable programs, including but not limited to "demo", "trial", "evaluation", "shareware" and "freeware" software is bound by the same terms. All such software must acknowledge the publisher's copyright in either the packaging or the documentation using the following format: "Additional graphics functionality provided using DaVinci components, copyright ©1994-98 B.Herd".

The components are provided for use as constituents of other software packages, and may not be sold, given away, loaned, or otherwise represented as the primary component or constituent of any product.

Sample applications and/or documentation provided with the software may not be redistributed without addition, modification and reinterpretation substantial enough to satisfy the requirements of an "original work" as outlined in the Berne Convention on Copyright or the statutes of the licensee's country of origin, whichever takes precedence.

Redistributable components provided as compiled executables cannot be modified in any fashion, including but not limited to resource modification. Disassembly and reverse engineering is also strictly prohibited. Non-redistributable components of the software may only be copied for data security purposes (backup) and may only be installed on a single computer at any one time.

In order to prevent unauthorized redistribution, licensed users receive a password which activates the redistributable executables. This password is passed to the executable (DLL) using a function call prior to accessing any additional functionality in the DLL.

The name of the copyright holder of any redistributed software which includes DaVinci components, as the copyright holder's name appears in copyright statements within the software and/or documentation, must match the name of the licensee. This restriction is in place to prevent purchase of a single license by a parent firm on the assumption that blanket redistribution rights will apply to all subsidiaries of that firm. In cases where multiple subsidiaries, or multiple copyright holders within the same company, require DaVinci components, then all such parties will require separate licenses.

In order to avoid copyright infringement, please insure that the licensee of the software listed in the purchase order is the actual copyright holder of any software created which uses or will use DaVinci components.

Limited warranty

The publisher offers no warrant of accuracy in regard to the documentation. While every effort was taken to insure that this information is accurate and complete, and to insure that the components themselves are of the highest possible quality, the current state of the art and the industry are such that it is not possible to perform to any warrant of truth in software documentation, and the publisher will not be liable for unintended errors or omissions within the documentation.

The publisher further refuses to warrant the fitness of this software for any specific purpose. It is the obligation of the licensee to insure that the components are suited to the requirements of their applications.

See also:

Þ.List of redistributable files

Þ.Terms of the shareware release license

Þ.Prices, updates and purchasing information