| Description |
"BrightSword? Designer", the Ultra-Advanced Rapid Application Development (RAD) Tool designed to develop Database-Driven web applications without manual coding in record time.
BrightSword? Designer drastically changes the way in which distributed applications are built by
automating the repetitive, error-prone and tedious tasks associated with developing web applications, and replacing hand-written code with consistently reliable, scalable and high-performance generated code.
BrightSword? Designer is designed to provide the flexibility to generate codes on ASP, ASP.NET, JSP and PHP technologies and provides runtime support for all major databases, which enables you to develop complex Database-Driven web applications by cutting the cost and time to a fraction.
With BrightSword? Designer you will be equipped with next-generation software lifecycle tool, which deliver better quality solutions with ultimate combination of speed, ease of use and control. Visit us at http://www.brightsword.com |
| Supported languages: English |
| Supported OS: Win98, WinME, Windows2000, WinXP, Windows2003 |
| Installation: Install and Uninstall |
| Requirements: Microsoft .NET Framework V1.1, Windows 2000 Professional, Microsoft XP |
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| Release info |
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07/01/2004
New Release
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| End user license agreement |
END-USER SOFTWARE LICENSE AGREEMENT FOR BRIGHTSWORD DESIGNER
Version 1.0, March 2004
PLEASE READ THIS DOCUMENT CAREFULLY. YOU MUST AGREE TO THE TERMS OF THIS AGREEMENT BEFORE USING THE SOFTWARE BY CLICKING "I AGREE" AT THE TIME OF SETUP.
This is a legal agreement between you and BrightSword Technologies Private Limited, India and its subsidiaries ("BrightSword").
This Agreement states the terms and conditions upon which BrightSword offers to license its Designer software ("Designer") together with all related documentation and accompanying items including, but not limited to, the executable programs, drivers, libraries and data files associated with such programs (collectively, the "Software").
LICENSE
1. Grant of License
The Software is licensed not sold, to you for use only under the terms of this Agreement. This License Agreement is your proof of license to exercise the rights granted herein and must be retained by you.
As between you and BrightSword (and to the extent applicable, its licensors), BrightSword retains all title to and ownership of the Software and reserves all rights not expressly granted to you.
BrightSword grants you the right to use all or a portion of this Software provided that
The Software is not distributed for profit
The Software is used only in conjunction with BrightSword's family of products
The Software may NOT be modified in any way - whether or not the modification may be achieved with any and all tools that may be legally or illegally available
The Software may NOT be reverse-engineered, decompiled, inspected by reflection using any and all tools that may be legally or illegally available or converted to any form other than the machine-readable form that it was originally distributed by BrightSword
All copyright notices are maintained on the Software
The licensee/end-user agrees to be bound by the terms of this Agreement.
2. For Use on a Single Computer
The Software may be used only on a single computer by a single user at any time.
You may transfer the machine-readable portion of the Software from one computer to another computer, provided that
The Software (including any portion or copy thereof) is erased from the first computer and
There is no possibility that the Software will be used on more than one computer at a time and
The Software is subsequently activated for the second machine.
3. Activation Required
It is a mandatory requirement that the Software be activated before it is legally rendered functional.
Activation is a process that requires a unique "signature" of the target machine to be computed and transmitted to BrightSword manually.
This signature is then bound to the Software License Key that is distributed along with the Software.
Significant modification to the machine's hardware and software configuration may require re-activation.
Re-activation of the Software is at the sole discretion of BrightSword, and unreasonably frequent and repeated re-activation will be taken as prima-facie evidence of non-compliance with the License Agreement.
4. Stand-Alone Basis
You may use the Software only on a stand-alone basis, such that the Software and the functions it provides are accessible only to persons who are physically present at the location of the computer on which the Software is loaded.
You may not allow the Software or its functions to be accessed remotely or transmit all or any portion of the Software through any network or communication line.
Specifically, it is a violation of the single-use and stand-alone terms of this agreement to use the Software on a Terminal Server via a Terminal Services client.
5. Copyright
The Software is owned by BrightSword and/or its licensees and is protected by Indian copyright laws and international treaty provisions.
You may not remove the copyright notice from any copy of the Software or any copy of the written materials, if any, accompanying the Software.
6. One Archival Copy
You may make one (1) archival copy of the machine-readable portion of the Software for backup purposes only in support of your use of the Software on a single computer, provided that you reproduce on the copy all copyright and other proprietary rights notices included on the originals of the Software.
7. No Merger or Integration
You may not merge any portion of the Software into or integrate any portion of the Software with, any other program, except to the extent expressly permitted by the laws of the jurisdiction where you are located. Any portion of the Software merged into or integrated with another program, if any, will continue to be subject to the terms and conditions of this Agreement and you must reproduce on the merged or integrated portion all copyright and other proprietary rights notices included on the originals of the Software.
8. Network Version
If you have purchased a "network" version of the Software, this Agreement applies to the installation of the Software on a single "file server." It may NOT be copied onto multiple systems. Each client node must be severally and individually licensed and activated. Each Installation is governed by a specific License Agreement.
9. Transfer of License
You may not, under any circumstances, transfer your license of the Software to a third party.
10. Limitations on Using, Copying and Modifying the Software
Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you acquired the Software, you may not use, copy or modify the Software. Nor may you sub-license any of your rights under this Agreement.
11. Decompiling, Disassembling or Reverse Engineering.
You acknowledge that the Software contains trade secrets and other proprietary information of BrightSword and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the Software or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software.
In particular, you agree not for any purpose to transmit the Software or display the Software's object code on any computer screen or to make any hardcopy memory dumps of the Software's object code.
If you believe you require information related to the interoperability of Software with other programs, you shall not decompile or disassemble the Software to obtain such information and you agree to request such information from BrightSword at the address listed below.
Upon receiving such a request, BrightSword shall determine whether you require such information for a legitimate purpose and if so, BrightSword will provide such information to you within a reasonable time and on reasonable conditions.
In any event, you will notify BrightSword of any information derived from reverse engineering or such other activities and the results thereof will constitute the confidential information of BrightSword that may be used only in connection with the Software.
TERMINATION
The license granted to you is effective until terminated. You may terminate it at any time by destroying the Software (including any portions or copies thereof) currently in your possession or control. The license will also terminate automatically without any notice from BrightSword if you fail to comply with any term or condition of this Agreement.
You agree upon any such termination to destroy the Software (including any portions or copies thereof). Upon termination, BrightSword may also enforce any and all rights provided by law. The provisions of this Agreement that protect the proprietary rights of BrightSword will continue in force after termination.
NO WARRANTY
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE ONLY WITH BRIGHTSWORD RELATED SOFTWARE. THE SOFTWARE IS PROVIDED FOR USE "AS IS" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRIGHTSWORD DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRIGHTSWORD IS NOT OBLIGATED TO PROVIDE ANY UPDATES OR UPGRADES TO THE SOFTWARE.
No distributor, dealer or any other entity or person is authorized to expand or alter this warranty or any other provisions of this Agreement. BrightSword does not warrant that the functions contained in the Software will meet your requirements or that the operation of the Software will be uninterrupted or error-free or free from malicious code. For purposes of this paragraph, "malicious code" means any program code designed to contaminate other computer programs or computer data, consume computer resources, modify, destroy, record or transmit data or in some other fashion usurp the normal operation of the computer, computer system or computer network, including viruses, Trojan horses, droppers, worms, logic bombs and the like.
Any representation, other than the warranties set forth in this Agreement, will not bind BrightSword. You assume full responsibility for the selection of the Software to achieve your intended results, and for the downloading, use and results obtained from the Software. You also assume the entire risk as it applies to the quality and performance of the Software. Should the Software prove defective, you (and not BrightSword or its distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
This warranty gives you specific legal rights and you may also have other rights that vary from country/state to country/state. Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. BrightSword disclaims all warranties of any kind if the Software was customized, repackaged or altered in any way by any third party other than BrightSword.
NO LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL DAMAGES IN NO EVENT SHALL BRIGHTSWORD OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS SOFTWARE, EVEN IF BRIGHTSWORD OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Because some states/ countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
INDEMNIFICATION BY YOU
If you distribute the Software i n violation of this Agreement, you hereby indemnify, hold harmless and defend BrightSword from and against any and all claims or lawsuits, including attorney's fees and costs that arise, result from or are connected with the use or distribution of the Software in violation of this Agreement.
Further, BrightSword shall not be liable for the accuracy of any information provided by BrightSword or third-party technical support personnel or any damages caused, either directly or indirectly, by acts taken or omissions made by you as a result of such technical support.
U.S. GOVERNMENT RESTRICTED RIGHTS
All Software and related documentation are provided with restricted rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subdivision (b)(3)(ii) of the Rights in Technical Data and Computer Software Clause at 252.227-7013.
If you are sub-licensing or using the Software outside of the United States, you will comply with the applicable local laws of your country, U.S. export control law, and the English version of this Agreement.
CONTRACTOR/MANUFACTURER
The Contractor/Manufacturer for the Software is:
BrightSword Technologies Private Limited, India
318 100 ft Road
Indiranagar, Bangalore 560038
INDIA
GENERAL
This Agreement is binding on you as well as your employees, employers, contractors and agents and on any successors and assignees. Neither the Software nor any information derived there from may be exported except in accordance with the laws of the U.S. or other applicable provisions. This Agreement is governed by the laws of the State of California (except to the extent federal law governs copyrights and federally registered trademarks).
This Agreement is the entire agreement between us and you agree that BrightSword will not have any liability for any untrue statement or representation made by its, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently. This Agreement supersedes any other understandings or agreements, including, but not limited to, advertising, with respect to the Software.
If any provision of this Agreement is deemed invalid or unenforceable by any country or government agency having jurisdiction, that particular provision will be deemed modified to the extent necessary to make the provision valid and enforceable and the remaining provisions will remain in full force and effect.
For questions concerning this Agreement, please contact BrightSword at the address stated above. For questions on product or technical matters, contact the BrightSword technical support center nearest you.
COPYRIGHT INFORMATION FOR USERS OF BRIGHTSWORD PRODUCTS
Certain BrightSword products are designed to assist you in publishing access to databases and information for which you own the copyright or are authorized to copy by the copyright owner or by exemption in applicable law. Unless you own the copyright or have such authorization, you may be violating copyright law and may be subject to payment of damages and other remedies. If you are uncertain about your rights, you should contact your legal advisor.
It is your responsibility when using a BrightSword product to ensure there is no infringement of applicable laws on copyright whereby the copying of certain materials may require the prior consent of the copyright owners. BrightSword disclaims any liability with regard to any illegal use of the BrightSword product and BrightSword shall in no event be liable with regard to the origin of any data stored in a database.
SPECIAL PROVISIONS APPLICABLE TO THE EUROPEAN UNION
If you downloaded the Software in the European Union (EU), the following provisions also apply to you. If there is any inconsistency between the terms of the Software License Agreement set out above and the following provisions, the following provisions shall take precedence.
1. De-Compilation
You agree not for any purpose to transmit the Software or display the Software's object code on any computer screen or to make any hard copy memory dumps of the Software's object code.
If you believe you require information related to the interoperability of the Software with other programs, you shall not decompile or disassemble the Software to obtain such information and you agree to request such information from BrightSword at the address listed above.
Upon receiving such a request, BrightSword shall determine whether you require such information for a legitimate purpose and if so, BrightSword will provide such information to you within a reasonable time and on reasonable conditions.
2. Limited Warranty
EXCEPT AS STATED ABOVE IN THIS AGREEMENT AND AS PROVIDED BELOW UNDER THE HEADING "STATUTORY RIGHTS", THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE
3. Limitation of Remedy and Damages
THE LIMITATIONS OF REMEDIES AND DAMAGES IN THE SOFTWARE LICENSE AGREEMENT SHALL NOT APPLY TO PERSONAL INJURY (INCLUDING DEATH) TO ANY PERSON CAUSED BY BRIGHTSWORD'S NEGLIGENCE AND ARE SUBJECT TO THE PROVISION SET OUT BELOW UNDER THE HEADING "STATUTORY RIGHTS".
4. Statutory rights
Irish law provides that certain conditions and warranties may be implied in contracts for the sale of goods and in contracts for the supply of services. Such conditions and warranties are hereby excluded, to the extent such exclusion, in the context of this transaction, is lawful under Irish law. Conversely, such conditions and warranties, insofar as they may not be lawfully excluded, shall apply. Accordingly nothing in this Agreement shall prejudice any rights that you may enjoy by virtue of Sections 12, 13, 14 or 15 of the Irish Sale of Goods Act 1893 (as amended).
5. General
This Agreement is governed by the laws of the Republic of Ireland.
The local language version of this agreement shall apply to Software downloaded in the EU. This Agreement is the entire agreement between us and you agree that BrightSword will not have any liability for any untrue statement or representation made by it, its agents or anyone else (whether innocently or negligently) upon which you relied upon entering this Agreement, unless such untrue statement or representation was made fraudulently.
End of Agreement |
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