SPAS 3.0 License

Version 1, 01 december 2008

Copyright © 2008-2011 BananaTree Design & Pascal ECHEMANN. <http://www.flashapi.org/>

Everyone is permitted to copy and distribute verbatim copies of this license document, but changing it is not allowed.

Note: This license agreement is provided for your reference. It is what you will find in the SPAS 3.0 software package that you download and governs the use of the SPAS 3.0 software package. To complete the installation of and use the SPAS 3.0 software package, you will be required to agree to the terms set forth below.


Binary Code License Agreementfor the
SWING PACKAGE FOR ACTIONSCRIPT 3.0 (SPAS 3.0, SPAS),
ALL ALPHA AND BETA VERSIONS

BANANATREE DESIGN. ("BANANATREE") IS WILLING TO LICENSE THE SOFTWARE IDENTIFIED BELOW TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS BINARY CODE LICENSE AGREEMENT AND SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT").  PLEASE READ THE AGREEMENT CAREFULLY.  BY DOWNLOADING OR INSTALLING THIS SOFTWARE, YOU ACCEPT THE TERMS OF THE AGREEMENT. INDICATE ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON AT THE BOTTOM OF THE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS, SELECT THE "DECLINE" BUTTON AT THE BOTTOM OF THE AGREEMENT AND THE DOWNLOAD OR INSTALL PROCESS WILL NOT CONTINUE.

1. DEFINITIONS.

"Software" means the identified above in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files), any updates or error corrections provided by Bananatree, and any user manuals, programming guides and other documentation provided to you by Bananatree under this Agreement. "Programs" mean all files and applications intended to run on the Adobe's Flash Platform and/or Adobe's AIR Runtime, on Flash-enabled general purpose desktop computers and servers. Software embedded in or bundled with industrial control systems, wireless mobile telephones, wireless handheld devices, kiosks, TV/STB, Blu-ray Disc devices, telematics and network control switching equipment, printers and storage management systems, and other related systems are included in this definition and licensed under this Agreement.

2. LICENSE TO USE.

Subject to the terms and conditions of this Agreement, including, but not limited to the SPAS Technology Restrictions of the Supplemental License Terms, Bananatree grants you a non-exclusive, non-transferable, limited license without license fees to reproduce and use internally Software complete and unmodified for the sole purpose of running Programs. Additional licenses for developers and/or publishers are granted in the Supplemental License Terms.

3. RESTRICTIONS.

Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Bananatree and/or its licensors. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software.  No right, title or interest in or to any trademark, service mark, logo or trade name of Bananatree or its licensors is granted under this Agreement. Additional restrictions for developers and/or publishers licenses are set forth in the Supplemental License Terms.

4. LIMITED WARRANTY.

Software is provided "AS IS".

5. DISCLAIMER OF WARRANTY.

UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.

6. LIMITATION OF LIABILITY.

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BANANATREE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF BANANATREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. SOFTWARE FROM SOURCES OTHER THAN BANANATREE.

Bananatree makes no representations of a relationship of any kind to licensors of Other Software. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL BANANATREE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE OTHER SOFTWARE, EVEN IF BANANATREE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. TERMINATION.

This Agreement is effective until terminated.  You may terminate this Agreement at any time by destroying all copies of Software.  This Agreement will terminate immediately without notice from Bananatree if you fail to comply with any provision of this Agreement.  Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of a claim of infringement of any intellectual property right. Upon Termination, you must destroy all copies of Software.

9. EXPORT REGULATIONS.

All Software and technical data delivered under this Agreement are subject to FRENCH export control laws and may be subject to export or import regulations in other countries.  You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.

10. TRADEMARKS AND LOGOS.

You acknowledge and agree as between you and Bananatree that Bananatree owns the BANANATREE DESIGN, SPAS 3.0, and SWING PACKAGE FOR ACTIONSCRIPT trademarks and all BANANATREE DESIGN, SPAS 3.0, and SWING PACKAGE FOR ACTIONSCRIPT- related trademarks, service marks, logos and other brand designations ("Bananatree Marks"), and you agree to comply with the Bananatree Trademark and Logo Usage Requirements currently located at http://www.bananatree.fr/trademarks. Any use you make of the Bananatree Marks inures to Bananatree's benefit.

11. GOVERNING LAW.

Any action related to this Agreement will be governed by French law. No choice of law rules of any jurisdiction will apply.

12. SEVERABILITY.

If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.

13. INTEGRATION.

This Agreement is the entire agreement between you and Bananatree relating to its subject matter.  It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement.  No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.


SUPPLEMENTAL LICENSE TERMS

These Supplemental License Terms add to or modify the terms of the Binary Code License Agreement. Capitalized terms not defined in these Supplemental Terms shall have the same meanings ascribed to them in the Binary Code License Agreement . These Supplemental Terms shall supersede any inconsistent or conflicting terms in the Binary Code License Agreement, or in any license contained within the Software.

A. Software Internal Use and Development License Grant.

Subject to the terms and conditions of this Agreement, including, but not limited to the SPAS Technology Restrictions of these Supplemental Terms, Bananatree grants you a non-exclusive, non-transferable, limited license without fees to reproduce internally and use internally the Software complete and unmodified for the purpose of designing, developing, and testing your Programs.

B. License to Distribute Software.

Subject to the terms and conditions of this Agreement, including, but not limited to the SPAS Technology Restrictions of these Supplemental Terms, Bananatree grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute the Software, provided that (i) you distribute the Software complete and unmodified (unless otherwise specified in the applicable README file) and only bundled as part of, and for the sole purpose of running, your Programs, (ii) the Programs add significant and primary functionality to the Software, (iii) you do not distribute additional software intended to replace any component(s) of the Software (unless otherwise specified in the applicable README file), (iv) you do not remove or alter any proprietary legends or notices contained in the Software, (v) you only distribute the Software subject to a license agreement that protects Bananatree's interests consistent with the terms contained in this Agreement, and (vi) you agree to defend and indemnify Bananatree and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

C. License to Distribute Redistributables.

Subject to the terms and conditions of this Agreement, including but not limited to the SPAS Technology Restrictions of these Supplemental Terms, Bananatree grants you a non-exclusive, non-transferable, limited license without fees to reproduce and distribute those files specifically identified as redistributable in the Software "README" file ("Redistributables") provided that: (i) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of Programs, (ii) you do not distribute additional software intended to supersede any component(s) of the Redistributables (unless otherwise specified in the applicable README file), (iii) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables, (iv) you only distribute the Redistributables pursuant to a license agreement that protects Bananatree's interests consistent with the terms contained in the Agreement, (v) you agree to defend and indemnify Bananatree and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.

D. Source Code.

Software contains source code that, unless expressly licensed for other purposes, is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed unless expressly provided for in this Agreement.

E. Third Party Code.

Additional copyright notices and license terms applicable to portions of the Software are set forth in the concerned software source files. In addition to any terms and conditions of any third party opensource/freeware license identified in concerned software source files, the disclaimer of warranty and limitation of liability provisions in paragraphs 5 and 6 of the Binary Code License Agreement shall apply to all Software in this distribution.

F. Termination for Infringement.

Either party may terminate this Agreement immediately should any Software become, or in either party's opinion be likely to become, the subject of aclaim of infringement of any intellectual property right.

For inquiries please contact: BananaTree Design, 1, rue Etienne Lieutaud, Vallauris, 06220, FRANCE.