VB Branding - EULA for The 32-bit Brandable Application Software Development Kit for Visual Basic 6.0

There's nothing more frustrating than to purchase a software product, read the End User License Agreement, and then discover that the license contains wording that allows the software developer or distributor to do things like install spyware on your computer or reconfigure your Internet browser settings. If you don't agree with the terms of the EULA, then you get stuck with a software produt you can't use. If you do agree with such terms, the undesired spyware gets installed and your browser gets hijacked. And that's the reason why you never get to see the EULA for most software products until after you have purchased the product and voided your ability to return the product by opening it and beginning the installation process.

Blue Aegis Software & Marketing insists that our customers feel comfortable with our software products even before they make the purchase. To help them reach this comfort zone, we have provided the End User License Agreement for the 32-bit Brandable Application SDK for Visual Basic 6.0 below. Following that EULA is another - the EULA for end users of the Application Branding Utilities that are generated by the SDK. This second EULA is what the developer's end-user will be required to agree to (in addition to the EULA for the brandable product, as written by the software developer) when purchasing a brandable software product built using the SDK.

EULA for the Brandable Application SDK for Visual Basic 6.0

Software Title:	Brandable Application Software Development Kit for Visual Basic 6.0

END-USER LICENSE AGREEMENT FOR BLUE AEGIS SOFTWARE & MARKETING SOFTWARE

=============================================
IMPORTANT - READ CAREFULLY: 
=============================================

This Blue Aegis Software & Marketing End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Blue Aegis Software & Marketing for the software product identified above, which includes computer software and associated media and printed materials, and may include "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be legally bound by the terms of this EULA.

=============================================
SOFTWARE PRODUCT LICENSE
=============================================

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

=============================================
GRANT OF LICENSE
=============================================

This EULA grants you the following limited, non-exclusive rights:

SOFTWARE PRODUCT:
You may install and use the SOFTWARE PRODUCT on a single computer solely for the purpose of developing brandable applications and branding utilities designed for the branding of the brandable applications that you develop. You may not use the SOFTWARE PRODUCT for any other purpose, public or private.

REDISTRIBUTABLE COMPONENTS:
Portions of the SOFTWARE PRODUCT located in the "DLL" directory, and in the ABUST.CAB archive, are designated as "Redistributable Components". You may reproduce and distribute the Redistributable Components provided you comply strictly with the Distribution Requirements described below.

DISTRIBUTION REQUIREMENTS:
All Blue Aegis Software & Marketing product libraries, source code, redistributables and other files remain Blue Aegis Software & Marketing's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Blue Aegis Software & Marketing source code and other non-executable files) except those that Blue Aegis Software & Marketing has expressly designated as redistributables. Nothing in this license statement permits you to derive the source code of files that Blue Aegis Software & Marketing has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files.

You may copy and redistribute the Redistributable Components (collectively "REDISTRIBUTABLE COMPONENTS") as described above, provided that (i) you may not remove or alter any Blue Aegis Software & Marketing copyright, trademark or other proprietary rights notice contained in any portion of the Blue Aegis Software & Marketing product libraries, source code, redistributables or other files that bear such a notice; (ii) you will indemnify and hold Blue Aegis Software & Marketing, its related companies and its suppliers harmless from and against any claims or liabilities arising out of the use of this program; (iii) you may not use Blue Aegis Software & Marketing's or any of its suppliers' names, logos, or trademarks for any purpose; (iv) you do not directly or indirectly modify the contents of the ABUST.CAB archive, except through the use of the included Master Application Branding Utility; (v) the Redistributable Components contained within the ABUST.CAB archive may only be distributed once extracted from the archive, modified into an Application Branding Utility and then packaged into an application setup file set by the included Master Application Branding Utility; (vi) you do not directly or indirectly modify the application setup file set created by the Application Branding Utility; (vii) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, and as a part of, your Application; (viii) your Application makes significant use of the REDISTRIBUTABLE COMPONENTS; (ix) the library code in the DLL directory may only be redistributed when linked into your Application; (x) your Application does not allow the use of the REDISTRIBUTABLE COMPONENTS by files which are not compatible with the Blue Aegis Software & Marketing BASMBAT.DLL file; (xi) you include a valid copyright notice on your Application.

Contact Blue Aegis Software & Marketing for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.

=============================================
THIRD PARTY SOFTWARE AND COMPONENTS
=============================================

Software products and components developed by individuals and entities other than Blue Aegis Software & Marketing are distributed and installed with the SOFTWARE PRODUCT. It is required that these "third-party" software and components are installed in order for the SOFTWARE PRODUCT to function as described. These third-party software and components do not collect or transmit information or data, and they do not actively or passively communicate over networks or the internet.

=============================================
COPYRIGHT
=============================================

All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by Blue Aegis Software & Marketing or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes, or (b) install the SOFTWARE PRODUCT on a single computer, provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

=============================================
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 
=============================================

SOFTWARE PRODUCT UPGRADES:
If you have received an upgrade version of the SOFTWARE PRODUCT, it constitutes a single product with this Blue Aegis Software & Marketing product that you upgraded. You may use or transfer the upgrade version of the SOFTWARE PRODUCT only in accordance with this license statement.

LIMITATIONS ON REVERSE-ENGINEERING, DECOMPILATION, AND DISASSEMBLY:
You acknowledge that the SOFTWARE PRODUCT in source code form remains a confidential trade secret of Blue Aegis Software & Marketing and/or its suppliers and therefore you agree not to modify the SOFTWARE PRODUCT or attempt to decipher, decompile, disassemble or reverse engineer the SOFTWARE PRODUCT, except to the extent that applicable laws specifically prohibit such restriction.

SOFTWARE TRANSFER:
You may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit the SOFTWARE PRODUCT or its associated files, except as expressly permitted above in regards to the REDISTRIBUTABLE COMPONENTS. You may not transfer any of your rights under this EULA, even if you retain no copies, and even if you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity).

CD KEY OR INSTALLATION SERIAL NUMBER:
You acknowledge that the CD Key number or Installation Serial Number that you received with the SOFTWARE PRODUCT is a part of this SOFTWARE PRODUCT and must be kept confidential at all times. Any act by you, directly or indirectly, that makes this CD Key Number or Serial Number known to persons or entities other than yourself may be considered a violation of the terms of this End User License Agreement, and may also be considered an act of software piracy or conspiracy to commit software piracy, and may be prosecuted to the fullest extent of the law.

TERMINATION:
Without prejudice to any other rights, Blue Aegis Software & Marketing may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

=============================================
EXPORT RESTRICTIONS
=============================================

You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this EULA (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

=============================================
U.S. GOVERNMENT RESTRICTED RIGHTS
=============================================

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Blue Aegis Software & Marketing/201-B Dauphin Street/Mobile, AL 36602.

=============================================
LIMITED WARRANTY AGREEMENT
=============================================

THIS SOFTWARE AND ITS ACCOMPANYING FILES ARE SOLD OR MADE AVAILABLE "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. NO WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE IS OFFERED.

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using this program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. PROOF OF PURCHASE AND PRODUCT REGISTRATION WILL BE REQUIRED BY BLUE AEGIS SOFTWARE & MARKETING BEFORE PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE IS PROVIDED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLUE AEGIS SOFTWARE & MARKETING AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NONINFRINGEMENT, WITH REGARD TO THIS SOFTWARE AND ITS ACCOMPANYING DOCUMENTATION. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/ JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE AEGIS SOFTWARE & MARKETING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS BLUE AEGIS SOFTWARE PRODUCT, EVEN IF BLUE AEGIS SOFTWARE & MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

=============================================
GENERAL PROVISIONS
=============================================

Unless receiving a different statement by Blue Aegis Software & Marketing with your copy of this application, this statement may only be modified in writing signed by you and an authorized representative of Blue Aegis Software & Marketing. If any provision of this statement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.

This statement shall be construed, interpreted and governed by the laws of the State of Alabama, U.S.A. This statement gives you specific legal rights; you may have others which vary from state to state and from country to country. Blue Aegis Software & Marketing reserves all rights not specifically granted in this statement.

Should you have any questions concerning this EULA, or if you desire to contact Blue Aegis Software & Marketing for any reason, please write: Blue Aegis Software & Marketing/201-B Dauphin Street/Mobile, AL 36602.

=============================================
Copyright © 2005 by Blue Aegis Software & Marketing

EULA for the Application Branding Utility

Software Title:	Application Branding Utility

END-USER LICENSE AGREEMENT FOR BLUE AEGIS SOFTWARE & MARKETING SOFTWARE

=============================================
IMPORTANT - READ CAREFULLY: 
=============================================

=============================================
SOFTWARE PRODUCT LICENSE
=============================================

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

=============================================
GRANT OF LICENSE
=============================================

This EULA does not extend to the contents of the bast.cab archive that was distributed with the SOFTWARE PRODUCT, except as expressly stated below. This EULA grants you the following limited, non-exclusive rights:

SOFTWARE PRODUCT:
You may install and use the SOFTWARE PRODUCT on a single computer solely for the purpose of developing branded applications derived from the brandable application setup template files contained within the bast.cab archive that the SOFTWARE PRODUCT was configured to brand. If the bast.cab archive that the SOFTWARE PRODUCT was configured to work with is not included with this SOFTWARE PRODUCT, then the SOFTWARE PRODUCT is incomplete and all liability for the inability to use this SOFTWARE PRODUCT rests with the SOFTWARE PRODUCT distributor that you received the SOFTWARE PRODUCT from. You may not use the SOFTWARE PRODUCT for any other purpose, public or private.

REDISTRIBUTABLE COMPONENTS:
Portions of the SOFTWARE PRODUCT located in the "bast.cab" archive are designated as "Redistributable Components". The distributor of this SOFTWARE PRODUCT may have designated this SOFTWARE PRODUCT, as a whole, as a Redistributable Component. You may reproduce and distribute the Redistributable Components provided you comply strictly with the Distribution Requirements described below.

DISTRIBUTION REQUIREMENTS:
The Terms of Distribution for the Redistributable Components included with this SOFTWARE PRODUCT have been governed in accordance with the will and intentions of the developer and distributor of the brandable application that this SOFTWARE PRODUCT was developed and configured to work with. The will and intentions of the developer and distributor are indicated on the cover page of the SOFTWARE PRODUCT when the abu.exe file is launched, and are generally defined as one of the following:

A) General Branding Reseller Rights - You may brand and redistribute the branded software contained within the bast.cab archive for monetary gain per the instructions of the brandable application's developer which are contained within the readme.txt file (included).

B) Master Branding Reseller Rights - You may brand and redistribute the branded software contained within the bast.cab archive for monetary gain per the instructions of the brandable application's developer which are contained within the readme.txt file (included). You may also redistribute the complete SOFTWARE PRODUCT in its unbranded form for monetary gain.

C) General Branding Giveaway Rights - You may brand and redistribute the branded software contained within the bast.cab archive without monetary gain per the instructions of the brandable application's developer which are contained within the readme.txt file (included).

D) Master Branding Giveaway Rights - You may brand and redistribute the branded software contained within the bast.cab archive without monetary gain per the instructions of the brandable application's developer which are contained within the readme.txt file (included). You may also redistribute the complete SOFTWARE PRODUCT in its unbranded form for monetary gain only if the developer of the brandable application has given permission for you to derive monetary gain from such distribution; otherwise, you may redistribute the complete SOFTWARE PRODUCT in its unbranded form without monetary gain.

IN ALL CASES, all Blue Aegis Software & Marketing product libraries, source code, redistributables and other files remain Blue Aegis Software & Marketing's exclusive property. Regardless of any modifications that you make, you may not distribute any files (particularly Blue Aegis Software & Marketing source code and other non-executable files) except those that Blue Aegis Software & Marketing has expressly designated as redistributables (above). Nothing in this license statement permits you to derive the source code of files that Blue Aegis Software & Marketing has provided to you in executable form only, or to reproduce, modify, use, or distribute the source code of such files.

You may copy and redistribute the Redistributable Components (collectively "REDISTRIBUTABLE COMPONENTS") as described above, provided that (i) you may not remove or alter any Blue Aegis Software & Marketing copyright, trademark or other proprietary rights notice contained in any portion of the Blue Aegis Software & Marketing product libraries, source code, redistributables or other files that bear such a notice; (ii) you will indemnify and hold Blue Aegis Software & Marketing, its related companies and its suppliers harmless from and against any claims or liabilities arising out of the use of this program; (iii) you may not use Blue Aegis Software & Marketing's or any of its suppliers' names, logos, or trademarks for any purpose; (iv) you do not directly or indirectly modify the contents of the BAST.CAB archive, except through the use of the included Application Branding Utility; (v) the Redistributable Components contained within the BAST.CAB archive may only be distributed once extracted from the archive, modified into a branded application and then packaged into an application setup file set by the included Application Branding Utility; (vi) you do not directly or indirectly modify the application setup file set created by the Application Branding Utility; (vii) you distribute the REDISTRIBUTABLE COMPONENTS only in conjunction with, and as a part of, the associated brandable application; (viii) the library code in the basmbat.dll may only be redistributed when linked into the brandable or branded application.

Contact Blue Aegis Software & Marketing for the applicable royalties due and other licensing terms for all other uses and/or distribution of the REDISTRIBUTABLE COMPONENTS.

=============================================
THIRD PARTY SOFTWARE AND COMPONENTS
=============================================

The SOFTWARE PRODUCT was distributed for the branding of Software Products provided by the developer of the brandable application and contained within the bast.cab archive. Blue Aegis Software & Marketing makes no claim or warranty to the brandable application or its files and documentation.

=============================================
COPYRIGHT
=============================================

=============================================
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS 
=============================================

SOFTWARE TRANSFER:
You may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit the SOFTWARE PRODUCT or its associated files, except as expressly permitted by the developer of the brandable application that the SOFTWARE PRODUCT was distributed in conjunction with.

=============================================
EXPORT RESTRICTIONS
=============================================

=============================================
U.S. GOVERNMENT RESTRICTED RIGHTS
=============================================

=============================================
LIMITED WARRANTY AGREEMENT
=============================================

Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using this program. ANY LIABILITY OF THE SELLER WILL BE LIMITED EXCLUSIVELY TO PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE. PROOF OF PURCHASE AND PRODUCT REGISTRATION MAY BE REQUIRED BY THE SELLER BEFORE PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE IS PROVIDED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BLUE AEGIS SOFTWARE & MARKETING OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS BLUE AEGIS SOFTWARE PRODUCT, EVEN IF BLUE AEGIS SOFTWARE & MARKETING AND/OR ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES / JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

=============================================
GENERAL PROVISIONS
=============================================

Home

Buy Now

Product Information

Support

Affilates Center

Office