From EagleEye TV Projects

EEGUI License FAQ, and License Agreement

License FAQ

- Q: What does the license grant me?

- A: Basically, it outlines how you can use EEGUI as a shareware product, to evaluate it and see if it's right for you and your project. As a shareware product, you can't actually release a piece of software that USES EEGUI, but you CAN use EEGUI as shareware if your intent is to distribute an application to the rest of the TrueVision3D community as a demo, tutorial, or other "proof of concept" type of application. Basically, feel free to use the unregistered copy of EEGUI as much as you want... just don't use it for an application you distribute to end users (even if your application is free, distribution to end users is considered a "commercial" use of the software, so in that case, you MUST register EEGUI.) If you DO register, then you are basically unrestricted in your distribution of your software that uses EEGUI. To be blunt, you won't want to distribute a final product with an unregistered copy of EEGUI, because of the watermark. Demo apps, tutorials, or other learning apps distributed to other developers don't really require the watermark to go away, and the developers will not mind it, as it doesn't detract from the intent of the app itself.

- Q: Does this license cover future versions?

- A: This license is your standard "for this revision only" license. What this means is I may upgrade EEGUI in the future, and those upgrades, as long as it's for version 1.x, are freely available to all users. Most of these upgrades will either be bug fixes, performance enhancements, or additional controls. I do NOT foresee a version 2.0, but it could happen if there are significant changes to the package as a whole.

- Q: So many other GUIs have come and gone, and they are either not maintained, or the developer has dropped off the face of the earth. If I'm developing a commercial application, I simply can NOT have the core of my GUI system go unmaintained, and I MUST be able to ask the developer for updates, and bug fixes, etc... What guarantee do I have that you won't just go away like others have?

- A: I have added to the license agreement a guarantee that if I ever leave the TrueVision3D community, the source code of EEGUI will be released, so those users who depend on it for their apps won't be left in a lurch. I have even left instructions with my wife that should I die (like in a car accident or something), this source code is to be distributed to the community. I fully understand the absolute IMPERATIVE that the GUI system be maintained by the developer... or you're completely screwed, and forced to either create your own GUI system, or take your chances once again with some OTHER developer who may just drop off the face of the earth. In fact, this is the exact situation that prompted me to make EEGUI in the first place! I simply will NOT let it happen to users of my software.

License Agreement

This is the license agreement that you agree to when using both the free evaluation version, and when purchasing EEGUI.

EEGUI LICENSE AGREEMENT

SOFTWARE LICENSE AGREEMENT

This Software License Agreement ("Agreement") is made by and between Joseph Jared Mark (dba EagleEye Information Systems, Inc.) ("Developer") and the user of this software ("Licensee").

Developer has developed and licenses to users its software program marketed under the name "EEGUI" (the "Software").

Licensee desires to utilize a copy of the Software.

NOW, THEREFORE, in consideration of the mutual promises set forth herein, Developer and Licensee agree as follows:

1. License. Developer hereby grants to Licensee a perpetual, non-exclusive, limited license to use the Software as set forth in this Agreement. This license is valid for both evaluation, as well as commercial purposes, except as limited in the clauses below.

1.1 Shareware use. This software is able to be used for trial purposes with the understanding that it is not to be used for commercial purposes unless the software is purchased by the user. Users of Software for evaluation purposes are still bound by this license agreement.

1.2 Commercial use. Commercial use is considered the use of this Software in a project which is distributed to "end users" of any application which makes use of this software, be it for or not for profit. The only exception to this restriction is the distribution of applications which make use of this software for the purposes of demonstrating "proof of concept", "Demo" applications, or tutorial applications, to other developers who use the TrueVision3D engine, who may also use this software in their own development. The definition of "End Users", for the purpose of determining if this software is distributed for "commercial use", are considered those who use the deployed application for its intended purpose as a final product.

2. Restrictions and Allowances. Licensee shall not license or sublicense the Software, to anyone else without the prior written consent of Developer.

Licensee may make unlimited copies of the "shareware" version of this software (ie, the software without license key), and distribute it to other developers, provided it is distributed in its original archive, with this license agreement in the archive, and intact in its original unmodified form.

Licensee shall not modify, decompile, disassemble, reverse engineer, or otherwise attempt to view the source code of the DLL, except as allowed by the programming IDE (ie, the Object Browser in Visual Studio).

3. Fees. In consideration for the grant of the license and the use of the Software for commercial purposes, Licensee agrees to pay Developer the sum of US$40. Failure to pay this license fee results in the display of an "Unlicensed Copy" image, and the restriction that this GUI system may not be used for a commercial application. Such unregistered copies of the software are considered "shareware", and are restricted as outlined above. In essence, the Licensee is able to "try before buying" the Software, and must pay the license fee if Licensee to gain the right to distribute any product or application that uses the Software for commercial purposes.

4. Warranty of Title. Developer hereby represents and warrants to Licensee that Developer is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event any breach or threatened breach of the foregoing representation and warranty,

5. Warranty of Functionality. Developer warrants that the Software shall perform in all material respects according to the Developer's specifications concerning the Software when used with the appropriate computer equipment and accompanying software. In the event of any breach or alleged breach of this warranty, Liscensee shall promptly notify Developer. Liscensee's sole remedy shall be that Developer shall correct the Software so that it operates according to the warranty. This warranty shall not apply to the Software if modified by anyone or if used improperly or on an operating environment not approved by Developer.

6. Software Maintenance. Developer shall provide to Licensee any new, corrected or enhanced version of the Software as created by Developer. Such enhancement shall include all modifications to the Software which increase the speed, efficiency or ease of use of the Software, or add additional capabilities or functionality to the Software, but shall not include any substantially new or rewritten version of the Software. As this license pertains to the current version (1.0), this grants the Licensee perpetual updates that fall within this same version family. Should the software be upgraded substantially from the original 1.0 version, it shall be considered a wholely new product, and shall not be covered by this Software Maintenance agreement.

7. Payment. Payment of the license fee shall be made prior to the use of the Software in any commercial application, or application that is to be distributed to end users.

8. Taxes. In addition to all other amounts due hereunder, Licensee shall also pay to Developer, or reimburse Developer as appropriate, all amounts due for property tax on the Software and for sales, use, excise taxes or other taxes which are measured directly by payments made by Licensee to Developer. In no event shall Licensee be obligated to pay any tax paid on the income of Developer or paid for Developer's privilege of doing business.

9. Warranty Disclaimer. DEVELOPER'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

10. Limitation of Liability. Developer shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Developer was advised of the possibility of such losses in advance. In no event shall Developer's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise.

11. Governing Law. This Agreement shall be construed and enforced in accordance with the laws of the state of Nebraska, USA.

12. No Assignment. Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Developer.

13. Final Agreement. This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties.

14. Severability. If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.

15. Termination of license. At the Developer's discretion, this license agreement may be terminated or revoked for any non-paying (unregistered) user at any time. The Licensee may at any time terminate this license agreement by simply ceasing to use the Software. Continued use of the software by Licensee indicates continued acceptance of this license agreement.

16. Headings. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.

17. Modifications to License. Developer may modify this license at any time, provided such modifications are posted publicly on the website for the informational website for this product (currently: http://www.eeisi.com/tvprojects/). The direct link to this license agreement is http://www.eeisi.com/tvprojects/index.php/EEGUI_License - This page should be reviewed from time to time, to see if any changes have been made. The page's changes are tracked via the MediaWiki website software, so all changes may be reviewed from the "history" tab of that page.

Licensees who purchase this software are bound to the license agreement that is in-place on the website upon the time of their purchase. The website version of the license agreement superceeds the license agreement included in the downloaded software package at the time of purchase.

18. Guarantee of Perminancy. Developer hereby guarnatees that this software shall remain available to the public as a shareware product, and shall be maintained, and upgraded as needed. Should the developer cease to be a part of the TrueVision3D development community, whether by choice, or through other circumstances (such as the developer's death), the developer hereby guarantees that the source code of this software shall be released to the public as freeware, with no restrictions on distribution, use, or modification.