Terms of Service

• LICENSE AGREEMENT 
  
  PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT BEFORE INSTALLING (CLICKING ON THE "OK" OR "ACCEPT" BUTTON) LOADING OR USING THE SOFTWARE. BY OPENING THE PACKAGE OR BY INSTALLING, LOADING OR USING THE SOFTWARE YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS LICENSE AGREEMENT AND AGREED TO BE BOUND BY THEM. IN THE EVENT THAT YOU DO NOT AGREE WITH ANY TERM OF THIS AGREEMENT THEN YOU MAY (CLICK THE "DO NOT ACCEPT" BUTTON TO TERMINATE THE INSTALLATION PROCESS OR) PROMPTLY RETURN THE SOFTWARE TO ITS PLACE OF PURCHASE ALONG WITH ITS DISTRIBUTION MATERIALS FOR A COMPLETE REFUND.
  
  DEFINITIONS

  
  Software Understanding Machine® is registered trademark of Thinking Software, Inc. and is further referred as Race Catcher

  Java® is a registered trademark of Sun Microsystems, Inc.

   

  Under this agreement the SOFTWARE and SOFTWARE PRODUCT means SUM4JavaTA or any of its components including its Graphical User Interface.  Under this agreement USER is a person or organization that either has purchased the license to use the SOFTWARE or has obtained an evaluation copy.
  
  LICENSE

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

  
  The User may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer, workstation, terminal, handheld PC, pager, "smart phone," or other digital electronic device ("COMPUTER").
  
  PURCHASED LICENSE

  
  If User has purchased a license to the Software, Thinking Software, Inc. grants to User a nonexclusive license to use the SOFTWARE and related Documentation (the "Documentation") as set forth in this Agreement for the term of the license purchased.

   

  In the case when the SOFTWARE is used on a network, the number of concurrent Users must not exceed the number that is allowed under the specific configuration license being purchased for the term of the license purchased.
  
  EVALUATION LICENSE

  
  If User has obtained an evaluation copy of the SOFTWARE and has not purchased a license to the SOFTWARE, Thinking Software, Inc. grants User non-exclusive license to use the SOFTWARE free of charge for the purpose of evaluating whether User wishes to purchase the license for the SOFTWARE for the term provided by the evaluation license key.

   

  Using the SOFTWARE after the initial trial period requires the purchase of the license for the SOFTWARE.  Evaluation copies of the SOFTWARE will become non-functional after the term of evaluation license key will expire.

   
  1. TERM

  
  If User has purchased a license to the SOFTWARE, this Agreement and license are effective from the time User accepts the terms of this Agreement until this Agreement is terminated at the end of the license term. User may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately and without further notice if User fails to comply with any provision of this Agreement. All obligations of confidentiality and restrictions on use, and all other provisions that may reasonably be interpreted to survive termination of this Agreement, will survive termination of this Agreement for any reason. Upon termination, User agrees to destroy all copies of the SOFTWARE.  If User has obtained an evaluation copy of the SOFTWARE, and has not purchased a license to the Software, this Agreement and license are effective for a period defined by the evaluation license key.

   
  2. RESTRICTIONS

  
  User may not copy, modify, translate, or transfer the software, documentation or any component of the SOFTWARE PRODUCT.  User may not attempt to unlock or bypass any licensing algorithm utilized by the program. User may not remove or modify any copyright notices. User may not rent, lease, or lend the SOFTWARE PRODUCT.
  
  3. LIMITATIONS OF REVERSE ENGINEERING, DECOMPILATION AND DISASSEMBLY

  
  User may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT.
  
  4. TRADEMARKS

  
  This License Agreement does not grant any rights in connection with any trademarks or service marks of Thinking Software, Inc.
  
  5. RESERVATION OF RIGHTS

   

  All rights not expressly granted are reserved by Thinking Software, Inc. (TSI)
  
  6. TERMINATION

  
  Without prejudice to any other rights, Thinking Software, Inc. may terminate this License Agreement if User fails to comply with the terms and conditions of this Agreement.  In such event, User must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
  
  7. UPGRADES

  
  If the SOFTWARE PRODUCT is an upgrade, User must have proper license of the base product being eligible for upgrade. The resulting upgraded product may be used only in accordance with the terms of this License Agreement.
  
  8. COPYRIGHT
   

  Thinking Software, Inc. owns the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The Software is licensed, not sold.

  
  9. EXPORT RESTRICTIONS

  
  User acknowledges that the Software is subject to U.S. export jurisdiction. User agrees to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S.

   

  10. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

  
  THINKING SOFTWRE, INC (TSI) OR ITS SUPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT.

   
  THINKING SOFTWRE, INC. (TSI) WILL IN NO EVENT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING FROM ANY DEFECT, ERROR OR OMISSION IN THE SOFTWARE OR ASSOCIATED DOCUMENTATION OR FROM ANY OTHER EVENTS INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTION OF SERVICE, LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, LEGAL ACTION OR ANY OTHER CONSEQUENTIAL DAMAGES, EVEN IF THINKING SOFTWAER, INC. (TSI) AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

   

  11. OPEN SOURCE COMPONENTS USED WITH CORRESPONDING LICENSE TERMS BEING REFERRED TO HERE

   

  http://logging.apache.org/log4j/1.2

  Licensed under the Apache Software License version 2.0

  http://www.apache.org/licenses/LICENSE-2.0

   

  http://asm.ow2.org/

  Copyright (c) 2000-2005 INRIA, France Telecom

  Licensed under the following License:

  http://asm.ow2.org/license.html

  THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

   

  http://code.google.com/p/jsyntaxpane

  Licensed under the Apache Software License version 2.0 http://www.apache.org/licenses/LICENSE-2.0

   

  http://jode.sourceforge.net/license.php

  http://www.gnu.org/licenses/gpl-2.0.html

  Licensed under GNU Lesser General Public License

   

  SUN Developer Network (SDN) Tools http://developers.sun.com

  Licensed under http://developers.sun.com/license/berkeley_license.html

   

  POCO C++ Libraries http://pocoproject.org

  http://pocoproject.org/info/license.html

  POCO is available under the Boost Software License, which makes it free — no strings attached — for both open source and commercial use:

  Boost Software License

   

  “THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COPYRIGHT HOLDERS OR ANYONE DISTRIBUTING THE SOFTWARE BE LIABLE FOR ANY DAMAGES OR OTHER LIABILITY, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

   

  
  12. GOVERNING LAW

  
  If User purchases the license to the SOFTWARE in the United States of America, the laws of the State of California will apply to this contract.  If User acquires the license to this SOFTWARE outside of the United States of America, then local law may apply.