SecureUPDATE - The Licensing File


 SecureUPDATE Licensing File Content



*** END USER LICENSE AGREEMENT ***


SecureUPDATE v2.59 (64bit)


IMPORTANT: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE.


SOFTWARE LICENSE FOR NON-COMMERCIAL & PRE-COMMERCIAL USE


PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING, OR USING

THIS PRODUCT. THIS AGREEMENT GRANTS THE ORIGINAL LICENSEE OF THE SOFTWARE

("YOU") THE RIGHT TO USE THIS PRODUCT FOR SPECIFIED PURPOSES. THIS AGREEMENT

STATES THE TERMS AND CONDITIONS UPON WHICH ZAXAO CORPORATION. ("ZAXAO")

OFFERS OR ACCEPTS YOUR OFFER TO LICENSE THE SOFTWARE (AS DEFINED IN 1.a. BELOW)

TO YOU.


BY DOWNLOADING, INSTALLING, AND/OR USING THIS PRODUCT, YOU ARE AGREEING

TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF

THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE THIS PRODUCT.


The Software is protected by ZAXAO copyright. You may use or distribute the Software only under these terms.


1. Definitions


a) The "Software" consists of version 2.59 of the ZAXAO's SecureDELTA and SecureUPDATE

core libraries, documentation, utilities and runtime services for the following

platforms: Windows. The Software includes linkable library software binaries,

tools, header files, executables, command line utilities and sample source code.


b) A "SecureArchive" ("SecureDELTA", "SecureUPDATE", "SecurePACKAGE", "SecurePKG") is

"Software" created data file that requires executable "Software" which decodes and

applies the binary difference engine to a specific folder.


c) A "SecureInstaller" ("SecureINSTALLER", "SecureCMDLine", "SecurePATCH", "SecureEXE", "SecureSFX", "SecureWIZARD") is

"Software" created executable program that requires incorporation of portions

of the Software in object form which decodes and apply the binary difference

engine to a specific folder.


d) A "Target Archive" is a user-developed software program that requires

physical incorporation of portions of the Software in binary form object

("SecureArchive") form.


e) A "Target Application" is a user-developed software program that requires

physical incorporation of portions of the Software in binary form object

("SecureArchive") and executable("SecureInstaller") form.


2. Thirty Day Evaluation License


a) Should Your Project not be eligible to use the Non-Commercial & Pre-Commercial Licensing defined in

Section 3 then ZAXAO grants You a temporary license to use the "Software" for the sole purpose of testing the

suitability, performance and usefulness of the Software for Your business needs under the following

restrictions:


i) This license lasts for an period of thirty (30) days from the date of Your first download or installation of the Software;


ii) You may not use the Software for development beyond prototypes, or to produce revenue or commercial benefit;


iii) You may not redistribute the Software, or any part of the Software, in any form under this license;


and


iv) You may not use the Software to compete with products sold by ZAXAO.


v) You may not use the Software to analyze, profile, debug, disassembly, reverse engineer or develop products that compete with the products sold by ZAXAO.


3. Non-Commercial & Pre-Commercial Licensing


a) Prohibitions applicable to all licenses granted herein except for the Thirty Day Evaluation License.


i) You may not use the Software as part of any Project that is intended for commercial distribution or

for use internally to produce revenue or benefit (together "Commercial Purpose"). Evidence of a

Commercial Purpose includes the existence of a customer delivery or production schedule,

involvement of production management personnel, installation into production systems, and/or

development of financial return goals. You agree to purchase additional licenses and/or platform

support if You choose to use the Software for Commercial Purpose.


ii) You may not use the Software to compete with products sold by ZAXAO and any of its strategic partners.


iii) You may not combine rights under this License with rights granted by any other license for the

Software or other ZAXAO products on the same Project without ZAXAO's express written permission.


Please write us at:


ZAXAO CORPORATION

1901 E. Cano St.

Edinburg, TX, 78542

United States of America

email: sales@zaxao.com


Software License for Non-Commercial Use


b) Development License


i) Subject to the restrictions set forth within, ZAXAO grants you a limited, royalty free, non-exclusive,

nonassignable, nontransferable right to:


(1) Develop SecureINSTALLERS that links to and uses the Software, and

(2) make copies of the library portions of the Software in object-code form and physically incorporate the copies into Target Applications.


ii) Nothing in this License limits Your right to release software that You develop under license terms of

Your choosing provided that such code does not contain any component of the Software other

than a) the header files that define the Software's programming interface, and/or b) code provided by

ZAXAO as sample code to explicitly use the Software.


c) Restriction on Redistribution of Development Environment


i) You may distribute the Software provided that such redistribution (i) remains subject to the terms of

this License, (ii) includes this license or a link to this license in any documentation, and (iii) does not

include infrastructure services (including, but not limited to, routing services, recording services or

persistence services) or graphical tools ("Authorized Redistribution"). You must also include this

license as "License_SecureUPDATE_v2.59_x64.txt" (this license file) in the top-level directory of any Authorized Distribution of the Software

or its components.


ii) You may not claim copyright on the original or modified works, nor remove ZAXAO's copyright. You must associate ZAXAO's trademarks and

no others with the original or modified works.


d) Distribution of SecureINSTALLERS ("SecureSFX", "SecureWIZARD", "SecureEXE") Software Applications


i) Only Target Applications that contain neither software development capability nor other components of the Software are eligible for distribution under this Clause d.


ii) You may distribute any Target Applications and SecureINSTALLERs software to third-party end users provided that end users are

prohibited from using the Target Applications and SecureINSTALLERs software for a Commercial Purpose, and that neither You nor the

end users receives any commercial benefit for distributing or using the Target Applications.


iii) Any such distributions must remain subject to the terms of this License and prominently include this

license or a link to this license in any documentation. You may not claim copyright on the original or

modified works, nor remove ZAXAO's copyright. You must associate ZAXAO's trademarks and no others with

the original works.


4. Rights


a) The Software is "Commercial Computer Software" as defined by the Federal Acquisition Regulation, and is

provided to the Government with "Restricted Rights", subject to the terms of this License.


b) This License does not grant You any rights in or license to trademarks, patents, service marks, or logos of

ZAXAO or other entities.


5. No Support


a) Except as may be provided or in a separate written agreement between You and ZAXAO, if any, ZAXAO is under

no obligation to support, maintain, or update the Software.


b) You are solely responsible for the support and maintenance of all portions of any Target Applications and/or Secure Installers.


6. No Warranty and Limited Liability


a) THE SOFTWARE IS PROVIDED AND USED BY YOU OR IN TARGET APPLICATIONS "AS IS". ZAXAO DISCLAIMS ALL

WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY,

FITNESS FOR ANY PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.

NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ZAXAO, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES,

AFFILLIATED OR STRATEGIC PARTNERS SHALL CREATE A WARRANTY.


b) You are solely responsible for all liability arising out of or in connection with the copying, marketing,

performance or other distribution of Your modifications to the Software, or Your Target Applications and SecureInstallers.


c) ZAXAO SHALL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING

DAMAGES FOR LOSS OF BUSINESS, PROFITS OR THE LIKE) ARISING OUT OF THE USE OR INABILITY TO USE

THE SOFTWARE.


d) To the fullest extent permitted by law, ZAXAO shall not be liable to You for any liability arising out of related

to this Agreement, whether arising out of or related to breach of contract, tort (including negligence), or

otherwise.


7. General


a) Downloading, installing, or using the Software, or selecting "Accept License Agreement" button

is a confirmation of Your agreement that You comply, now and during any use term, with the United

States Export Administration and Regulations, and with all local domestic and international export laws

and regulations. These laws include restrictions on destinations, end users and end use.


b) This License will be governed by the laws of the State of TEXAS, USA.


c) If any provisions of this Agreement shall be prohibited by or invalid under State law,

 such provisions shall be ineffective only to the extent of such prohibition or invalidity,

 without affecting the validity or enforceability of the remaining provisions of this Agreement.

 

d) No changes to this License will be valid unless made in writing and signed by a corporate officer of ZAXAO CORPORATION.


ZAXAO CORPORATION

1901 E. Cano St.

Edinburg, TX, 78542

United States of America

email: sales@zaxao.com