PragmaDev Tracer
Electronic End User License Agreement


NOTICE TO USER: THIS IS A CONTRACT BETWEEN YOU AND PRAGMADEV. BY INDICATING YOUR ACCEPTANCE BELOW, YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. The right to use the Software is granted only on the condition that Customer agrees to the following terms. If Customer does not agree to the terms of this Agreement, then PragmaDev and its licensors are unwilling to license the Software to Customer, in which case Customer may return the software within thirty (30) days after shipment, or refuse to download the Software, whichever is applicable, and the amount Customer paid for the Software will be refunded. This PragmaDev End User License Agreement accompanies a PragmaDev software product ("Software") and related explanatory materials ("Documentation"). The term "Software" shall also include any upgrades, modified versions, updates, additions and copies of the Software licensed to you by PragmaDev. 

This is a license agreement and not an agreement for sale. PragmaDev continues to own the copy of the Software and the physical media contained in this package and any other copy that you are authorized to make pursuant to this Agreement. PragmaDev grants to you a non exclusive license to use the
Software and Documentation, provided that you agree to the following:

1.  Copyright. 
The Software is owned by PragmaDev and its suppliers, and its structure, organization and code are the valuable trade secrets of PragmaDev and its suppliers. The Software is also protected by International Treaty provisions. You must treat the Software just as you would any other copyrighted material, such as a book. You agree not to modify, adapt or translate the Software except as may be expressly permitted under the European Directive on the Legal 
Protection of Computer Programs (14 May 1991) ("the Directive"). You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except as may be expressly permitted under the Directive. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Trademarks can only be used to identify printed output produced by the Software. 
Such use of any trademark does not give you any rights of ownership in that trademark. Except as stated above, this Agreement does not grant you any intellectual property rights in the Software.

2.  Transfer. 
You may not rent, lease, sublicense or lend the Software or Documentation. You may, however, transfer all your rights to use the Software and Documentation to another person or legal entity provided that (i) you inform PragmaDev of such a transfer, (ii) you transfer this Agreement, the Software, including all copies, updates and prior versions and all copies of font software converted into other formats, and the Documentation to such person or entity, (iii) you retain no copies, including copies stored on a computer, and (iv) that the receiving party agrees to be bound by the terms and conditions of this Agreement.

3.  Upgrades. 
If you acquire an upgrade or update for Software, you may use the previous version for ninety (90) days after you receive the new version in order to assist you in the transition to the new version, after which time you no longer have a license to use the previous version. 

4.  Limited Warranty. 
PragmaDev warrants to you that the Software will perform substantially in accordance with the Documentation for the thirty (30) day period following your receipt of the Software.  To make a warranty claim, you must return the Software to PragmaDev within such thirty (30) day period. If the Software does not perform substantially in accordance with the Documentation, the entire and exclusive liability and remedy shall be limited to either, at PragmaDev's option, the replacement of the Software or the refund of the license fee you paid for the Software. PRAGMADEV AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR DOCUMENTATION. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR PRAGMADEV'S OR ITS SUPPLIERS' BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, PRAGMADEV AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied
warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to thirty (30) days. This warranty gives you specific legal rights. You may have other rights which vary from state to state or jurisdiction to jurisdiction. 

5.  Limitation of Liability. 
IN NO EVENT WILL PRAGMADEV OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A PRAGMADEV REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so this limitation and exclusion may not apply to Customer.


6.  Governing Law and General Provisions. 
This Agreement will be governed by the laws in force in France and Europe. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software
will not be shipped, transferred or exported into any country or used in any manner prohibited by the European Union or French Export laws, restrictions or regulations. This Agreement shall automatically terminate upon failure by you to comply with its terms. This Agreement may only be modified in writing signed by an authorized officer of PragmaDev. This is the entire agreement between PragmaDev and you relating to the Software and the Documentation and it supersedes any prior representations, discussions, undertakings, end user license agreements, communications or advertising relating to the Software and the Documentation.

7. Notice to United States Government End Users. The Software and Documentation are "Commercial Items," as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§ 227.7202-1 through 227.7202-4, as applicable, the "Commercial Computer Software" and "Commercial Computer Software Documentation" are being licensed to U.S. Government end users (i) only as "Commercial Items" and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein.
