B-1Licensee is granted limited rights to access and to modify the Program Materials, and merge the Program Materials and modifications of the Program Materials into other programs, subject to the terms and conditions below.
B-2Licensee is granted the non-exclusive, limited rights to develop and distribute Permitted Derived Products. A Permitted Derived Product is a computer program which:
(a) contains code which is derived from either source- or object- code versions on the Program Materials and/or modifications of the Program materials; AND
(c ) does not include or provide end-users of Permitted Derived Products access to: (i) modified or unmodified Program Materials source code, or
(ii) object code modules for individual functions of the Program Materials.
B-3Notwithstanding B-2 ( c) (ii) above, Licensee may distribute Vermont Views dynamic link libraries (DLLs) for the exclusive purposes of dynamic linking during runtime. In no event can Licensee distribute Program Materials header(.h) files, source code, or documentation.
B-4Not withstanding B-1, B-2 and B3 above, Licensee is specifically PROHIBITED from using the Program materials to develop and distribute a Derived Product, in any format, which provides Licensee's end-users and capabilities functionally similar to those of Vermont Views, including specifically, but not limited to, the capability to create and manage the components of the user interface of an application, such as window management, data entry forms, menus and help systems. Violation of this section will constitute a material breach of this License, and a violation of the copyright laws of the United States of America, and those of signatories to international copyright treaties, which will give rise to criminal and/or civil sanctions.
B-5Licensee is granted the limited right to distribute, on a world-wide, royalty-free basis, Permitted Derived Products, solely in machine-readable formats readable under any version of Microsoft Windows operating systems.
B-6Use and distribution of the Program Materials, modifications to Program Materials, and/or Permitted Derived Products, by or to any department, agency or other entity of the U.S. Government is limited by the terms of the "Rider for Governmental Entity Users", which is on the last page of this Agreement.
B-7Permitted Derived Products must include VCS' copyright and Vermont Views trademark notices, either in Permitted Derived Product documentation, or in the Permitted Derived Product Software when distributed without accompanying documentation.
B-8Licensee agrees that, at any one time, the Program Materials, including modifications, will be installed on a single IBM microcomputer or compatible machine running under any version of the PC/MS Windows operating systems. If the Program Materials licensed are identified as the Single User Version, and installed on a networked system, or on a computer or terminal connected to a file server or other system that physically allows shared access to the Program Materials, Licensee agrees to provide technical or procedural methods to prevent use of the Program Materials by more than one Designated User. Licensee may substitute different Designated Users, provided that at any given time there is only one Designated User making use of any portion of the Program Materials, including modifications. If the Program Materials are identified as the Network Version, the preceding network use restrictions do not apply, and the number of Designated Users who may use the Program Materials at any one time will be limited to the number specified in Licensee's invoice for the Program Materials. At any time, Licensee may return the Single User Version of the Program Materials for credit of the original purchase price against the then-current price of the Network Version of the Program Materials.
B-9The Program Materials, in whole or part, and modified versions of the Program Materials may be copied for BACK-UP PURPOSES ONLY. All copies shall display all copyright notices included in the original Program Materials, and be labeled externally as the property of VCS, and that use is subject to this License. Documentation may not be copied.
B-10Licensee may transfer all of its rights in the Program materials under this License to another party, provided licensee promptly informs VCS of the transfer in writing, and provided such other party agrees to accept the terms and conditions of the License Agreement. At the time of such transfer licensee must transfer all copies of the Program materials or destroy any copies not transferred, and any other modifications of the Program Materials Licensee may have made. Licensee may not lease, lend, or sub-License the use of the Program Materials to any third-party.
B-11Licensee acknowledges its acceptance of this License by opening the Program materials packaging or by any use of the Program Materials. This License is effective as of the time Licensee receives the Program materials, and shall continue in effect until (1) Licensee terminates by ceasing all use of the Program Materials, (2) automatic termination of the License upon the failure of Licensee to comply with any of the terms of this License, or (3) Licensee becomes subject to any bankruptcy or insolvency proceeding under Federal or state statute or becomes insolvent. Upon termination, Licensee must destroy (or return to VCS) all copies of the Program materials including any modifications not incorporated in Permitted Derived Products. Permitted Derived Products need not be destroyed at termination, and Licensee may continue to distribute such Permitted Derived Products as provided in this License, except when terminated pursuant under (2) of this section. Section C, shall survive any termination.
B-12Licensee agrees and certifies that Permitted Derived Products will not be exported, directly or indirectly, into any country prohibited by the U.S. Export Administration Act and the regulations thereunder or be used for any purpose prohibited by the same.
