QuickThread End User License Agreement
Revision November 16, 2009
The QuickThread software is the intellectual property of
QuickThread Programming, LLC a Wisconsin corporation (
You have purchased or have been granted the right to use the QuickThread software ("the software") encoded on the supplied disk or electronically distributed installation file. You do not own the software itself. You are the sole licensee of this software. We remain the sole owner of the software.
The license holder may elect to purchase any of, or combination of:
Single Developer License
Per Seat License
Royalty License
Blended License
Student, DEMO, TRIAL
and Evaluation license information:
QuickThread does not have a demo or trial/evaluation
license.
However, given that the purpose of a Student, DEMO, TRIAL
and Evaluation License is intended for learning, and/or evaluation purposes,
and with no intention of producing a commercial product using the QuickThread
software, the recommendation is for you to purchase a Royalty License with
30-day software support and download service agreement, currently $10
(non-Refundable), and receive access to the support and downloads website for
the duration of this limited service agreement (30 days). You can continue to
use the product after the 30-day service agreement without further access to
the support and updates website, bearing in mind that the Royalty License
remains in effect.
The Royalty License can be converted to a Per Seat License
or a Single Developer License by purchasing desired License or quantities of
Licenses prior to your choice to purchase additional service agreement
extension (including subsequent Royalty License purchase). Read the End User
License Agreement (EULA) relating to the circumstances under which Blended
License becomes effective. For the corporate software development department,
professional programmer, or student the use of the 30 day Royalty License
method provides a 30-day period of evaluation with support and continued use
without support and under terms of the Royalty License.
Single Developer
License and Restrictions: (consultant/personal)
You have a nonexclusive and nontransferable right to use the QuickThread software and documentation as a single developer on one or multiple computers in the possession of the developer provided that no other developer is permitted use of the product. Any use of QuickThread software by other individuals than the license holder constitutes an election by the purchaser to use the Blended License. You may temporarily install the QuickThread software, or attach portable storage device or media containing the QuickThread software, to your customer or client computer provided that no other developer can use or access the QuickThread software and/or documentation. When you leave your customer or client computer you must delete all QuickThread software and documentation installed on the client computer and remove any attached storage device or media containing the QuickThread software and or documentation. Your work product (object files, libraries and/or executables) may be left on the customer or client computer.
Per Seat License and Restrictions: (corporate IT department)
You have a nonexclusive and nontransferable right to use the QuickThread software and documentation as a single developer seat, per Per Seat License, on one or multiple computers at the registered facility provided that no more than a single developer, per Per Seat License, is in use of the product at any one time. Any use of QuickThread software by more developers than the number of Per Seat Licenses constitutes an election by the purchaser to use the Blended License.
Royalty License and
Restrictions:
You have a nonexclusive and nontransferable right to use the QuickThread software and documentation as a single developer seat on one or multiple computers at the registered facility provided that no more than a single developer is in use of the product at any one time. Any use of QuickThread software by other individuals or on a computer not specifically owned and used by the original purchaser is prohibited. Unless otherwise agreed to in writing, or under terms of Blended License below, the Royalty fee is 10% of manufacturer's or developer's published end user list price (or requested donation in the case of Shareware or Freeware), or in the case of use by software consultant for purposes of consulting, 10% of the consulting fee. This Royalty License and royalties pass through all levels of distribution. Should the manufacture or developer produce software products that are entirely free ($0) then the royalty is $0. In order to obtain a Royalty License agreement, and copy of software, the purchaser must agree to the Royalty License agreement and terms, and purchase at least 30 day subscription to the QuickThread Programming download and support services.
Blended License and
Restrictions:
Blended License is a prorated licensing system whereby the purchaser of a Per Seat or Per Developer license elects to not license their additional programmers using the QuickThread software. Under this circumstance, the royalty agreed to is the ratio of licensed per seat/developer to unlicensed seat/developer times the Royalty fee of 10% of manufacturer's or developer's published end user list price (or requested donation in the case of Shareware or Freeware), or consultant fee. This Royalty License and royalties pass through all levels of distribution. Should the manufacture or developer produce software products that are entirely free ($0) then the Royalty is $0.
General license
provisions:
We reserve the right to request verification of the use of this software and documentation. You agree to provide access to and/or provide information for this verification. Failure to provide this information is an acknowledgement that all of your programmers are using the licensed software when calculating the Blended License royalty fee.
Redistributables:
QuickThread software is comprised of headers, templates, library, object, an optionally DLL and executable files. Together they provide for QuickThread software development. You are prohibited from providing others with the components necessary for QuickThread software development. You are permitted redistribution of only the library files (*.lib, *.dll) and/or other object files (*.obj) provided that these files are in support of your work product. You are prohibited from redistribution of the library and or object files to other QuickThread license holders or former license holders.
The QuickThread software development kit includes redistributable library components from Intel Corporation. These components remain the property of Intel Corporation and the purchaser of the QuickThread license is prohibited from unbundling the Intel software for purposes of redistribution of the Intel software components, excepting for the redistribution of components necessary to run the work product. Any redistribution of (*.lib, *.dll or *.obj) files require an acknowledgement statement as to intellectual property ownership.
The QuickThread software development kit may include additional software covered by other Copyrights and will be indicated as copyrighted within those software components.
YOU MAY NOT: ATTEMP TO DECOMPILE OR DISASEMBLE THE SOFTWARE SUPPLIED IN BINARY FORM; ATTEMPT TO MODIFY OR REPROGRAM THE SOFTWARE SUPPLIED IN BINARY FORM; SUBLICENSE THE SOFTWARE TO ANYONE ELSE. ANY ATTEMPT TO DO ANY OF THESE THINGS WILL AUTOMATICALLY TERMINATE YOUR RIGHT TO USE THE SOFTWARE WITHOUT NOTICE FROM US.
We warrant the media on which the software is delivered shall be free of defects in material and workmanship for a period of 90 days from the date of purchase.
EXCEPT FOR THE FOREGOING, THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. QUICKTHREAD PROGRAMMING, LLC ASSUMES NO LIABILITY WHATSOEVER, AND DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY, RELATING TO SALE AND/OR USE OF THE SOFTWARE INCLUDING LIABILITY OR WARRANTIES RELATING TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, OR INFRINGEMENT OF ANY PATENT, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT. UNLESS OTHERWISE AGREED IN WRITING BY QUICKTHREAD PROGRAMMING, LLC, THE SOFTWARE IS NOT DESIGNED NOR INTENDED FOR ANY APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD CREATE A SITUATION WHERE PERSONAL INJURY OR DEATH MAY OCCUR.
QuickThread Programming, LLC may make changes to specifications and product descriptions at any time, without notice. Designers must not rely on the absence or characteristics of any features or instructions marked "reserved" or "undefined".
QuickThread Programming, LLC reserves these for future definition and shall have no responsibility whatsoever for conflicts or incompatibilities arising from future changes to them. The information here is subject to change without notice. Do not finalize a design with this information. The product licensed may contain design defects or errors known as errata which may cause the product to deviate from published specifications. Current characterized errata are available on request.
Our sole obligation under our warranty shall be to repair or replace the defective media, at our option.
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED THAT SUCH DAMAGES MAY BE INCURRED.
TERMINATION. Without prejudice to any other rights, the Software owner 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 and all of its component parts. Termination does not remove any obligation to for unpaid licenses, subscriptions or royalties.
By installing this
software you agree to all the terms of this license agreement.
QuickThread is a (pending) Trademark of:
James G. Dempsey
QuickThread Programming, LLC
info@quickthreadprogramming.com