Revolution EULA

Mirye Runtime Revolution is licensed from the original developer. If you purchase Mirye Runtime Revolution, the following Revolution End User License Agreement is a part of the install process.

REVOLUTION LICENSE AGREEMENT AND WARRANTY DISCLAIMER

License for Revolution software, including Media, Dreamcard, Studio and Enterprise Editions and all associated files, including installer archives and all related documentation ("Revolution Software") IMPORTANT -- READ CAREFULLY: By using the Revolution Software you expressly agree to be and are hereby bound by the terms of this License Agreement ("Agreement"). If you do not accept the terms of this Agreement you must not use the Revolution Software; and you must immediately destroy all copies of the Revolution Software.

1. GRANT OF LICENSE: a) Runtime Revolution Ltd ("Runtime") hereby grant you ("you" refers to a single individual or single business entity) a non-exclusive non-transferable license to use the Revolution Software subject to the terms set out in this Agreement:

2. THE EVALUATION EDITION a) You may request a key to evaluate the Revolution Software as an Evaluation Edition ("Evaluation Edition") for free from our web site. The Evaluation Edition will allow you a limited time period with the Evaluation Edition as specified on our web site. You may not attempt to use the Evaluation Edition without this key or attempt to circumvent the time limit included in the key. b) You may use the Evaluation Edition strictly for evaluation purposes only. Unlike the Licensed Editions (below) you may NOT distribute software created with this edition for free, commercially, or within your organization. c) You may not distribute, modify or deploy any portion of Evaluation Edition without the express, written permission of Runtime Revolution, Ltd. 3. THE LICENSED EDITION a) You may upgrade from the Evaluation Edition to a licensed edition of Media, Studio or Enterprise by paying a fee ("Licensed Edition"). If you are an educational organization as defined by the terms on our web site, you may purchase an Educational Edition ("Educational Edition"), and upon which certain additional use and deployment restrictions applied. Proof of your Educational status will be required and in the event of any dispute, Runtime reserve the absolute right not to supply, or allow a 3rd party to supply, an Educational edition with associated discount. b) Upon purchase of a license, you will be sent a key to license the Evaluation Edition ("Licensing Key"), which will remove the trial period limitation by installing the Licensing Key, causing the Revolution software to become the fully functional Licensed Edition. If you purchased a license through a third party, you will be required to visit a designated website to register your purchase and supply Runtime Revolution Ltd with additional, required contact information. After all required information is received by Runtime Revolution Ltd, Runtime Revolution Ltd will transmit to you a final Licensing Key. c) The Licensed Editions are licensed by operating system platform. Some Licensed Edition License Keys only allow use on a single operating system. See the product description on the Runtime Revolution Ltd website for information on operating system platform support. d) The Licensed Edition must be used exclusively by you and may not be transferred or loaned to another entity. If you purchased the Studio or Enterprise Edition, the Licensed User can be changed on completion of a license transfer form, payment of a nominal fee and the installation of a new Licensing Key. e) If you have purchased multiple copies of the software, you must nominate a single individual as a contact ("License Contact"). Other individuals, who do not have to be named, may use copies of the Licensed Edition, up to the maximum number of users purchased with your license, each known as ("Licensed User"). f) The Licensed Editions have built in limits that restrict the use of certain features ("Limits"). Such Limits are published on our web site from time to time and may be varied at any time without notice. You may not attempt exceed the Limits. g) The Licensed User must not permit any other person to access the Licensing Key. h) Runtime will provide basic technical support via electronic conveyance, to the Licensed User in the case of a single user license, or the Licensed Contact in the case of multiple users for 90 days from date of purchase, relating to installation of the product only. i) You may not resell, rent, lease or otherwise transfer rights to the Revolution Software for any financial gain or remove any proprietary notices or labels on the Revolution Software. j) As per United States law, you must not distribute any portion of the Revolution Software or Created Software to Libya, Cuba, Cambodia, North Korea, Vietnam, and military and police entities in South Africa. Revolution has been classified under U.S. Export Control Commodity Number (ECCN) 4D96G and can be exported under the provisions of General License G-DEST. k) Some Runtime products, including Revolution Media, include custom templates which are unique to the product and not included with other products. You may only distribute Created Software using these unique templates if you are a licensed user of the product. You may not remove any notice in the custom templates specifying this limitation or grant a sub-license to any other entity to use the custom templates or derivatives of the templates unless the entity has also licensed the product.

4. DISTRIBUTION OF CREATED WORK a) Intent of these restrictions. The various Revolution products allow users to create powerful and useful software for others. The level of utility of created works that can be made is related to the respective Revolution license that the user holds, and those differences are reflected in the relative price of those licenses. The general purpose of the restrictions in this section is twofold; to prevent distributed Created Software conferring on users who do not hold a Revolution license the ability to create software equivalent to what can normally only be created by holders of a Revolution license; to prevent distributed created works conferring on holders of a lesser Revolution license the ability to create software equivalent to what can be normally only be created by holders of a greater Revolution license. b) Permission is hereby granted to distribute your Created Software by any method to anyone, subject the terms of this Section 4 and this Agreement. c) You may use the Licensed Edition to create stacks or files for your own use or to give to others either free of charge or for a fee under the terms of this Clause 4 ("Created Software") except if you purchased an Educational Edition, where you may distribute stacks but may not charge for them. d) If the version of Revolution you licensed did not include Standalone Builder: you may not distribute Created Software as any form of standalone executable application; nor may you distribute Created Software with any standalone application specifically designed to open any stack file ("Player") other than the Player supplied by Runtime Revolution Limited ("Revolution Player"). e) You acknowledge that additional license requirements apply to distribution with the Revolution Player, or using Revolution Online ("Revolution Online"), RevSelect Projects, and RevSelect service. f) Copyright notices, as defined in Appendix A, must appear wherever any other copyright or trademark notice appears in any Created Software distributed as a standalone executable, its documentation, advertising, and other product-related literature. g) When publishing Created Software with the Revolution Player application, you may include the complete Revolution Player archive, either compressed or decompressed, in its entirety; you are expressly prohibited from making any modifications including but not limited to the Copyright notices, License Agreement, or executable file. Alternatively you may provide a link, anywhere and to anyone, to download the Revolution Player directly from our web site. h) You may not distribute software either as a stack file or as an executable standalone application that attempts to alter the file format of any Revolution file. This restriction includes altering the header or other parts of a Revolution file in order to let that file run under a version of Revolution under which it would not otherwise run. In particular, you may not alter the file format of any file created with Revolution Media or Dreamcard to allow it run from a Standalone Application created with Studio or Enterprise. i) When publishing Created Software on Revolution Online, you must do so subject to the the terms in Section 5 below, or as expressed elsewhere in this Agreement. j) Any Created Software is fully functional and allows users full access to the entire Revolution feature set, with the exception that if created with the Dreamcard or Media Editions, or distributed using the Revolution Player or on Revolution Online the Limits still apply. Additionally, with all editions the end user of the Created Software cannot edit scripts without purchasing or owning a Licensed Edition. You may not attempt to get around any of these limitations or encourage users of your Created Software to attempt to do so. k) Certain files included with the Revolution Software are subject to special restrictions. These include any files that have been compiled as executables or external libraries, password protected stacks, the installer archive and Read Me ("Restricted Files"). With the exception of using Standalone Builder in its original and unmodified form to include portions of these files when producing Created Software in the Studio or Enterprise Editions, you may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon these Restricted Files. Using any of the Restricted Files with an edition of Revolution other than the one it was distributed in is also prohibited. This paragraph does not apply to any of the other files included with the Revolution Software, which may be modified freely, though all files in the Revolution Software must be used subject to all other provisions in this agreement. l) You are prohibited from creating or distributing Created Software to be used and marketed as a generic rapid application development tool. Any Created Software that you produce that requires the end user to use a Licensed Edition of the Revolution Software will not be considered as being prohibited, nor will any Created Software that does not involve any sort of script editing. You are also prohibited from creating or distributing Created Software with the primary purpose of being used as a generic Player application for Created Software built with any edition of Revolution that does not include Standalone Builder. This clause is intended to prevent you from using the Revolution Software to produce something that is directly damaging to our business. In the event that either you or Runtime determines that your software is in such competition, you must withdraw the Created Software immediately. It is agreed that producing software that is in competition with the Revolution product could cause irreparable harm and injury and Runtime will be entitled, in addition to any other rights and remedies it may have at law or in equity, to an interdict, injunction or other similar relief enjoining or restraining you from doing or continuing to distribute such Created Software.

5. REVOLUTION ONLINE (and its successor or replacement services) a) Runtime Revolution hereby grant you the right to use the Revolution Online service for the purposes of downloading software, accessing content, or distributing Created Software subject to the following conditions. Runtime Revolution Ltd may require you to acknowledge additional agreement for any update or successor service to REVOLUTION ONLINE; if you fail to acknowledge such additional agreement, Runtime Revolution Ltd may limit or remove your right of access. b) REVOLUTION ONLINE utilizes Internet or electronic conveyance to allow transmission and execution of Revolution-based files. As such you must be sure that you trust the provider of any content you access. Runtime expressly disclaims all warranty with respect to use of this service for any damage caused irrespective of the nature of such damage. Runtime draws your attention to the fact that it offers a Player application with additional security features. It recommends that you use the Player if you require a more secure browsing experience. This advice notwithstanding, Runtime also expressly disclaims all warranties with respect to the use of this Player application for any damage caused irrespective of the nature of such damage. Use of the Player is subject to the terms and conditions that accompany it. c) Your user name on the Revolution Online service allows you to upload or modify files online. The Revolution edition comes with a limited amount of online server space, you may not attempt to exceed the storage space allocated to you without the purchase of additional space. d) Uploading or modifying stacks with Revolution Online will only be permitted when you have an active license and you have not previously breached an agreement with Runtime Revolution Ltd. An active license is defined as user of the Evaluation Edition of the software, or a user of the Licensed Edition where such license is for the latest shipping version. In the event of a new version of the software being made available, you must upgrade to this version by paying a fee or purchasing an upgrades pack in order to be able to continue to upload or modify your Revolution Online content. e) You must not upload content that may be offensive, pornographic or damaging. Your user name and content uploaded to your user directory may be deleted by Runtime if any of the following points hold - 1. it is offensive, harassing, pornographic, damaging 2. in the reasonable opinion of Runtime that it is potentially damaging 3. creates an unreasonable burden on our web server 4. if you have not had an active license for a period of one year or more 5. if you breach any terms in this agreement. f) Runtime expressly disclaims all warranties with respect to this service. This disclaimer includes but is not limited to your data being deleted or lost for any reason, by technical failure, by act of God, or that access to the service may be suspended at any time for any reason. Runtime draws your attention to the fact that even though it may choose to delete offensive or damaging content, it does not guarantee to do this and the final responsibility for such content rests with the Revolution Online user who provided such content.

6. TITLE a) Title, ownership, rights, and intellectual property rights in and to the Revolution Software and all related documentation shall remain with Runtime Revolution Limited. The Revolution Software is protected by the copyright laws of the United Kingdom and international copyright treaties. For the purposes of this license "intellectual property rights" means any and all patents, copyright, registered or unregistered design rights, trade marks, trade names, know-how, database rights or other intellectual property rights.

7. DISCLAIMER OF WARRANTY a) THE TOTAL LIABILITY WHICH RUNTIME OWES TO YOU IN RESPECT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE SHALL, OTHER THAN IN CIRCUMSTANCES IN WHICH SUCH ACTS RESULT IN DEATH OR PERSONAL INJURY IN WHICH CASE LIABILITY SHALL BE UNLIMITED, BE LIMITED TO THE SUM OF £1000 IN RESPECT OF ANY ONE CLAIM OR AGGREGATE OF CLAIMS ARISING IN ANY TWELVE MONTH PERIOD; b) THE SOFTWARE AND DOCUMENTATION AND REVOLUTION ONLINE SERVICE ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNTIME REVOLUTION LIMITED FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS; c) THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION AND REVOLUTION ONLINE SERVICE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RUNTIME BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF RUNTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;

8. TERMINATION a) This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from Runtime to effectuate such termination. On termination you must destroy all copies of the Revolution Software including the installer archive and any copies of it therewith. However, such termination does not prejudice the right of Runtime to obtain injunctive, equitable or any other relief in the event of such a breach.

9. GOVERNING LAW a) This License shall be governed by the laws of Scotland, UK. and in the event of any dispute the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts.

10. ENTIRE AGREEMENT a) This License constitutes the entire agreement between Runtime Revolution Limited and you with respect to the subject matter hereof and with the exception of any fraudulent or negligent misrepresentations supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The only exception to this is any explicit terms you may have agreed to before downloading the package from our web site, or any other supplementary terms made clear by us prior to your agreeing to this agreement. any such terms will form part of this agreement. This License may not be modified except in a writing duly signed by an authorized representative of Runtime and you. APPENDIX A - Required Copyright Notice You must include the following copyright notice where other such notices appear. In the event that such other notices do not appear in the Created Software, this notice must be placed in a reasonable location. Portions (c)2000-2006 Runtime Revolution Limited, All Rights Reserved Worldwide.