1. This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and FOSS Software, Inc. ("FOSS") and describes your rights and obligations regarding the use of the Prof-UIS software ("SOFTWARE").
2. If you do not agree to all of the terms of this agreement, you shall remove all the files related to the SOFTWARE from your storage media and cease any further use of the SOFTWARE. Any violation of these terms will subject you to legal liability.
3. The SOFTWARE is the intellectual property of and is owned by FOSS.
4. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
5. FOSS grants you the non-exclusive license to use the SOFTWARE on a SINGLE computer at any ONE time for developing any number of end-user applications that work in conjunction with the SOFTWARE. You must purchase a license to the SOFTWARE from FOSS or its authorized reseller in order to use the SOFTWARE.
If you purchased a "multi-user" or "multi-developer" license, the SOFTWARE may be used by the corresponding number of software developers within your entity on the corresponding number of computers (for example, a "six user license" allows up to six software developers to use the SOFTWARE on up to six computers).
If you purchased an "unlimited user", "unlimited developer" or "site" license, the SOFTWARE may be used by any number of software developers within your entity on any number of computers.
6. FOSS grants you the non-exclusive license to use the source code ("SOURCE CODE") to the SOFTWARE provided you purchased a license from FOSS or its authorized reseller. You may modify the SOURCE CODE solely at your own risk.
You may not distribute, disclose make available or accessible to any third party any part of the SOURCE CODE or derivative work in source code format. You may not use the SOURCE CODE as a basis for creating products that provide the same, or substantially the same, functionality as the SOFTWARE.
7. FOSS grants you the non-exclusive and royalty-free license to distribute certain files ("REDISTRIBUTABLE FILES") from the SOFTWARE provided (i) you purchased a license to the SOFTWARE from FOSS or its authorized reseller and (ii) such distribution is conducted in conjunction with an application you developed using the SOFTWARE. The REDISTRIBUTABLE FILES are limited to:
a) binary files compiled from the "SOURCE CODE"
b) files with the following extension names: "xml", "png" and "skin"
8. You may:
a) make one (1) copy of the SOFTWARE for backup purposes
b) permanently transfer all of your rights under this EULA to another party or entity provided that you retain no copies of the SOFTWARE and the recipient agrees to be bound by all of the terms and conditions of this EULA.
9. You may not:
a) sell, rent, lease, or sublicense the SOFTWARE
b) remove any proprietary notices or labels on the SOFTWARE
10. This EULA has no termination date. The FOSS may terminate this license agreement if you fail to comply with the terms and conditions of this EULA. In such an event, you shall remove all the files related to the SOFTWARE from your storage media and cease any further use of the SOFTWARE.
11. This SOFTWARE is provided "AS IS" without warranty of any kind including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. In no event will the FOSS be liable for any direct, indirect, incidental, special, exemplary or consequential damages, including damages for loss of profits, loss or inaccuracy of data, incurred by any person from such person's usage of this SOFTWARE even if advised of the possibility of such damages.