Nevron Open Vision Developer's License Agreement

IMPORTANT: Read carefully the following license agreement before installing or using Nevron Software Products, and/or all related materials.

This Developer's License Agreement ('License Agreement') is a legal agreement by and between NEVRON SOFTWARE LLC, a corporation with its principal place of business located at 501 Silverside Road Suite 105, Wilmington, DE 19809, USA (hereinafter referred to as 'Nevron') and you (either an individual or an entity), the Licensee of Nevron's proprietary software 'Nevron Open Vision', ('the Software').

'Nevron Open Vision Redistribution License Agreement' is hereinafter referred to as 'Nevron Open Vision Redistribution License'.

'Nevron Open Vision Developer's License Agreement' is hereinafter referred to as 'Nevron Open Vision Developer's License'.

Each of the following acts by you, your employee or agent, shall constitute your acceptance of the terms and conditions of this License Agreement and your agreement to be bound thereby:
(a) opening the sealed disk package, if any;
(b) loading or installing any of the executable files, DLL's or data files of Nevron into memory or virtual memory of any computer;
(c) clicking to signify acceptance of this License Agreement during the software installation process;
(d) delivering a signed copy of this License Agreement to Nevron;

You shall have no rights to any of the Software or its use unless you have accepted the terms and conditions of this License Agreement and agreed to be bound thereby.

IF YOU DO NOT AGREE TO THE TERMS OF THE SOFTWARE LICENCE AND LIMITED WARRANTY CONTAINED HEREIN, YOU MAY NOT USE THE SOFTWARE AND YOU ARE ADVISED TO PROMPTLY RETURN ANY DISK MEDIA ON WHICH THIS SOFTWARE IS STORED, TOGETHER WITH ALL PACKAGING AND DOCUMENTATION FOR THE SOFTWARE.

1. UTILITY OF THE SOFTWARE
The Software is intended to be used by software developers and programmers as a development tool for adapting, configuring and producing code to integrate the Software with other work, software applications, or graphical user interfaces (GUI). It is not warranted to serve as a complete software solution, and as a result may not be suitable for the needs of all users.
PROVISO: Any Work you create from the Software may be used by an end user (as such term is defined below) or distributed only in conjunction with and in accordance with the terms of a valid Nevron Open Vision Redistribution License. This license must be used in conjunction with at least one valid Nevron Open Vision Redistribution License. The terms of all licenses from Nevron together govern your relationship with Nevron.

2. GRANT OF LICENSE RIGHTS
2.1 GRANT OF RIGHTS
This license is granted on a 'per developer' (individual developer using the Software for development purposes) and 'on a subscription' basis as described in Section 2.4. Each developer who desires to use the Software must hold a valid Nevron Open Vision Developer's License. In consideration of your acceptance to be bound by the terms and conditions of this License Agreement, Nevron grants you the non-exclusive, non-transferable right to use the Software for the sole purpose of creating integration program code to aid in integrating the Software with other work, software applications, or graphical user interfaces you produce ('the Work') and on one or more computers used for testing and evaluation purposes only, provided that:
(i) you have registered this Software with Nevron;
(ii) a separate Nevron Open Vision Developer's License is purchased for each person working with the Software, who develops, manipulates, configures, adjusts or alters the program code or web content while integrating the Work with the Software;
(iii) the Software is not the sole or primary component of the Work;
(iv) you give proper acknowledgement of the copyright of Nevron;
(v) the Work shall not substantially duplicate the capabilities of the Software or, in the reasonable opinion of Nevron, compete with, directly or indirectly with the Software or other Nevron Software products;
(vi) you do not use the Software as or to create a product or service or utility which exposes the functionality of the Software to other users in such a way as to compete, directly or indirectly, with the Software or other Nevron Software products;
(vii) notwithstanding anything herein contained, the Software must be a fully integrated part of your Work and for purposes of this License Agreement, the term 'Work' means a software product that you license to end users in which you will integrate the Software in accordance with the terms of this License Agreement and that adds significant and primary functionality to the Software, and may include software that the licensee acquires from third parties;
(viii) you do not use the Nevron name, logo or trademarks in marketing your application or the name, logo or trademarks of any Nevron licensor or supplier; and
(ix) you agree to indemnify, defend and hold Nevron harmless from and against any claims or lawsuits, including reasonable attorney's and legal fees, that arise or result from the use or distribution of the Software or any Work.

You agree not to remove any copyright, trademark or patent notices contained in or on the Software. Your license rights under this License Agreement are conditional upon you not being engaged at any time in the manufacture, use, distribution or transfer of counterfeit, pirated or illegal software.

You must not use the Software in any application or situation where any failure of the Software or Work could lead directly to death, personal injury, or severe physical or environmental damage. Examples include using the Software for controlling the operation of:
(i) equipment in any nuclear facilities;
(ii) aircraft navigation, communications or flight control systems;
(iii) air traffic control systems;
(iv) mass transit systems;
(v) medical equipment (but only in equipment with an FDA classification of 2 or 3, or an equivalent classification); or
(vi) weapons systems.

THE COMPLETE LICENSE AGREEMENT CAN BE FOUND AT https://www.nevron.com/orders-licensing.aspx