Copyright (C) 1999-2020 EMS Software Development

END-USER LICENSE AGREEMENT-SINGLE DEVELOPER LICENSE
FOR ALL SOFTWARE COMPONENT PRODUCT(S)

IMPORTANT- READ CAREFULLY: This EMS Software Development
("EMS") End-User License Agreement ("EULA") is a legal agreement between 
you, an individual developer of software applications, ("Developer End 
User") and EMS for all EMS software components, source code, demos, 
intermediate files, media, printed materials, and "online" or electronic 
documentation ("SOFTWARE COMPONENT PRODUCT(S)") contained in this 
installation file. 

EMS grants to you as an individual, a personal, nonexclusive license to 
install and use the SOFTWARE COMPONENT PRODUCT(S) for the sole purposes of 
designing, developing, testing, and deploying application programs which 
you create. If you are an entity, you must designate one individual within 
your organization to license the right to use the SOFTWARE COMPONENT 
PRODUCT(S) in the manner provided herein.

By installing, copying, or otherwise using the SOFTWARE COMPONENT 
PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not 
agree to any part of the terms of this EULA, DO NOT INSTALL, USE, 
DISTRIBUTE IN ANY MANNER, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR 
PORTION OF THE SOFTWARE COMPONENT PRODUCT(S).  Immediately return it to 
place of purchase for a full refund.

All SOFTWARE COMPONENT PRODUCT(S) is licensed, not sold.

RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS.  If the licensed 
right of use for this SOFTWARE COMPONENT PRODUCT(S) is purchased by you 
with any intent to reverse engineer, decompile, and the exploitation or 
unauthorized transfer of any EMS intellectual property and trade secrets, 
to include any exposed methods or source code where provided, no licensed 
right of use shall exist, and any PRODUCT(s) created as a result shall be 
judged illegal by definition of all applicable law. Any sale or resale of 
intellectual property or created derivatives so obtained will be prosecuted 
to the fullest extent of all local, federal and international law.

1. GRANT OF LICENSE. This EULA, if legally executed as defined herein, 
licenses and so grants the single individual Developer End User the 
following rights: 

SOFTWARE COMPONENT PRODUCT(S). You may install and use one copy of the 
SOFTWARE COMPONENT PRODUCT(S), including any and all source code if 
provided, or any prior version legally licensed for the same operating 
system, on a single computer. The primary user of the computer on which the 
SOFTWARE COMPONENT PRODUCT(S) is installed may make a second copy for his 
or her exclusive use on a portable computer. You acknowledge and agree that 
the SOFTWARE COMPONENT PRODUCT(S) in source code form remains a 
confidential trade secret of EMS.

(a) Storage/Network Use. You, as Developer End User, may also store or 
install a copy of the SOFTWARE COMPONENT PRODUCT(S) on a storage device, 
such as a network server, used only to install or run the SOFTWARE 
COMPONENT PRODUCT(S) on your other computers over an internal network; 
however, Developer End User must acquire and dedicate a license for each 
separate computer on which the SOFTWARE COMPONENT PRODUCT(S) is installed 
or run from the storage device. A license for the SOFTWARE COMPONENT 
PRODUCT(S) may not be shared or used concurrently on different computers.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

2. Not for Resale Software.  If the SOFTWARE COMPONENT PRODUCT(S) is 
labeled and provided as "Not for Resale" or "NFR", then, notwithstanding 
other sections of this EULA, you may not resell, distribute, or otherwise 
transfer for value or benefit in any manner, the SOFTWARE COMPONENT 
PRODUCT(S) or any derivative work using the SOFTWARE COMPONENT PRODUCT(S). 
You may not transfer, rent, lease, lend, copy, modify, translate, 
sublicense, time-share or electronically transmit the SOFTWARE COMPONENT 
PRODUCT(S), media or documentation. This also applies to any and all 
intermediate files, source code, and compiled executables.

Limitations on Reverse Engineering, Decompilation, and Disassembly.  You 
may not reverse engineer, decompile, or disassemble the SOFTWARE COMPONENT 
PRODUCT(S), and only to the extent that such activity is expressly 
permitted by applicable law notwithstanding this limitation. The provision 
of source code, if included with the SOFTWARE COMPONENT PRODUCT(S), does 
not constitute transfer of any legal rights to such code, and resale or 
distribution of all or any portion of all source code and intellectual 
property will be prosecuted to the fullest extent of all applicable local, 
federal and international laws. You agree to take all reasonable, legal and 
appropriate measures to prohibit the illegal dissemination of the SOFTWARE 
COMPONENT PRODUCT(S) or any of its constituent parts and Distributables to 
the fullest extent of all applicable local, US and International Laws and 
Treaties regarding anti-circumvention, including but not limited to, the 
Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic 
Conferences. 

Separation of Components, their constituent parts and Redistributables.  
The SOFTWARE COMPONENT PRODUCT(S) is licensed as a single PRODUCT(s). The 
SOFTWARE COMPONENT PRODUCT(S) and its constituent parts and any provided 
Distributables may not be reverse engineered, decompiled, disassembled or 
separated for use on more than one computer, nor placed for distribution, 
sale, or resale as individual creations by Developer End User. The 
provision of source code, if included with the SOFTWARE COMPONENT 
PRODUCT(S), does not constitute transfer of any legal rights to such code, 
and resale or distribution of all or any portion of all source code and 
intellectual property will be prosecuted to the fullest extent of all 
applicable local, federal and international laws. All EMS libraries, source 
code, Redistributables and other files remain EMS's exclusive property.  
Regardless of any modifications that you make, you may not distribute any 
files (particularly EMS source code and other non-executable files) except 
those that EMS has expressly designated as Redistributable. EMS PRODUCT(s) 
may include certain files ("Redistributables") intended for distribution by 
you to the users of programs you create.  Redistributables include, for 
example, those files identified in printed or on-line documentation or 
identified by EMS as redistributable files, or those files preselected for 
deployment by an install utility provided with the SOFTWARE COMPONENT 
PRODUCT(S) (if any). In any event, the Redistributables for the SOFTWARE 
COMPONENT PRODUCT(S) are only those files specifically designated as such 
by EMS.  From time to time, EMS may designate other files as 
Redistributables.  You must contact EMS to obtain a list of for additional 
information on redistributable files.  Subject to all of the terms and 
conditions in this EULA, you may reproduce and distribute exact copies of 
the Redistributables, provided that such copies are made from the original 
copy of the SOFTWARE COMPONENT PRODUCT(S) or the copy transferred to the 
single hard disk.  Copies of Redistributables may only be distributed with 
and for the sole purpose of executing application programs permitted under 
this EULA that you have created using the SOFTWARE COMPONENT PRODUCT(S).  
Under no circumstances may any copies of Redistributables be distributed 
separately.

3. Rental. You may not rent, lease, or lend the SOFTWARE COMPONENT 
PRODUCT(S).

SOFTWARE COMPONENT PRODUCT(S) Transfer. You may NOT permanently or 
temporarily transfer ANY of your rights under this EULA to any individual 
or entity.  Regardless of any modifications which you make and regardless 
of how you might compile, link, and/or package your programs, under no 
circumstances may the libraries, code, Redistributables, and/or other files 
of the SOFTWARE COMPONENT PRODUCT(S) (including any portions thereof) be 
used for developing programs by anyone other than you.  Only you as the 
licensed Developer End User have the right to use the libraries, code, 
Redistributables, or other files of the SOFTWARE COMPONENT PRODUCT(S) (or 
any portions thereof) for developing programs created with the SOFTWARE 
COMPONENT PRODUCT(S).  In particular, you may not share copies of the 
Redistributables with other co-developers.  You may not reproduce or 
distribute any EMS documentation without EMS's permission.

4. Termination. Without prejudice to any other rights or remedies, EMS will 
terminate this EULA upon your failure to comply with all the terms and 
conditions of this EULA. In such event, you must destroy all copies of the 
SOFTWARE COMPONENT PRODUCT(S) and all of its component parts including any 
related documentation, and must remove ANY and ALL use of such technology 
immediately from any applications using technology contained in the 
SOFTWARE COMPONENT PRODUCT(S) developed by you, whether in native, altered 
or compiled state. 

5. Additional Restrictions. ONLY THE LEGALLY REGISTERED DEVELOPER END USER 
IS LICENSED TO DISTRIBUTE ROYALTY-FREE THE EXPRESSNAVBAR, AND ALL 
ACCOMPANYING VCL CONTROLS AS PART OF AN EXECUTABLE PROGRAM ONLY, subject to 
all of the conditions of this agreement.  

You may use the SOFTWARE COMPONENT PRODUCT(S) and related source code to 
create new VCL components for your company's internal use ONLY. THE SOURCE 
CODE, PACKAGES, LIBRARIES AND ALL RESULTING INTERMEDIATE FILES (DCU, OBJ, 
DLL, ETC.) ARE CONFIDENTIAL AND PROPRIETARY TRADE SECRETS OF EMS. 
 
YOU MAY NOT CREATE NEW 'VCL' COMPONENTS OR 'ACTIVE X' COMPONENTS, or ANY 
OTHER COMPONENT ARCHITECTURE, INCLUDING BUT NOT LIMITED TO DLLs, FOR 
DISTRIBUTION OUTSIDE OF YOUR COMPANY IN ANY FORM, MANNER OR MEDIA OR USING 
ANY DISTRIBUTION CHANNEL, WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE 
COMPONENT PRODUCT(S) AND ITS RELATED SOURCE CODE.

YOU MAY NOT CREATE ANY TOOL OR SOFTWARE COMPONENT PRODUCT(S) THAT DIRECTLY 
OR INDIRECTLY COMPETES WITH THE SOFTWARE COMPONENT PRODUCT(S) WHICH 
UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) AND ITS 
RELATED SOURCE CODE.  MODIFICATION OF SOURCE CODE AND SUBSEQUENT 
REDISTRIBUTION OF ANY SUCH MODIFICATIONS IS PROHIBITED.

6. UPGRADES. If the SOFTWARE COMPONENT PRODUCT(S) is labeled as an upgrade, 
you must be properly licensed to use a PRODUCT(s) identified by EMS as 
being eligible for the upgrade in order to use the SOFTWARE COMPONENT 
PRODUCT. A SOFTWARE COMPONENT PRODUCT labeled as an upgrade replaces and/or 
supplements the SOFTWARE COMPONENT PRODUCT that formed the basis for your 
eligibility for the upgrade, and together constitute a single PRODUCT. You 
may use the resulting upgraded PRODUCT only in accordance with all the 
terms of this EULA. 

7. COPYRIGHT. All title and copyrights in and to the SOFTWARE COMPONENT 
PRODUCT(S) (including but not limited to any images, demos, source code, 
intermediate files, packages, photographs, distributables, animations, 
video, audio, music, text, and "applets" incorporated into the SOFTWARE 
COMPONENT PRODUCT(S), the accompanying printed materials, and any copies of 
the SOFTWARE COMPONENT PRODUCT(S) are owned by EMS or its subsidiaries. The 
SOFTWARE COMPONENT PRODUCT(S) is protected by copyright laws and 
international treaty provisions. Therefore, you must treat the SOFTWARE 
COMPONENT PRODUCT(S) like any other copyrighted material except that you 
may install the SOFTWARE COMPONENT PRODUCT(S) 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 COMPONENT PRODUCT(S).

8. Installation and Use. The license granted in this EULA for you to create 
your own compiled programs and distribute your programs and the 
Redistributables (if any), is subject to all of the following conditions:
(i) all copies of the programs you create must bear a valid copyright 
notice, either your own or the EMS copyright notice that appears on the 
SOFTWARE COMPONENT PRODUCT(S);  (ii) you may not remove or alter any EMS 
copyright, trademark or other proprietary rights notice contained in any 
portion of EMS libraries, source code, Redistributables or other files that 
bear such a notice;  (iii) EMS provides no warranty at all to any person, 
other than the Limited Warranty provided to the original purchaser of the 
SOFTWARE COMPONENT PRODUCT(S), and you will remain solely responsible to 
anyone receiving your programs for support, service, upgrades, or technical 
or other assistance, and such recipients will have no right to contact EMS 
for such services or assistance;  (iv) you will indemnify and hold EMS, its 
related companies and its suppliers, harmless from and against any claims 
or liabilities arising out of the use, reproduction or distribution of your 
programs;  (v) your programs containing EMS SOFTWARE COMPONENT PRODUCT(S) 
must be written using a licensed, registered copy of the SOFTWARE COMPONENT 
PRODUCT(S);  (vi) your programs must add primary and substantial 
functionality, and may not be merely a set or subset of any of the 
libraries, code, Redistributables or other files of the SOFTWARE COMPONENT 
PRODUCT(S); (vii) regardless of any modifications which you make and 
regardless of how you might compile, link, or package your programs, the 
libraries, code, Redistributables, and/or other files of the SOFTWARE 
COMPONENT PRODUCT(S) (including any portions thereof) may not be used in 
programs created by your end users (i.e., users of your programs) and may 
not be further redistributed by your end users; and (viii) you may not use 
EMS's or any of its suppliers' names, logos, or trademarks to market your 
programs.

U.S. GOVERNMENT RESTRICTED RIGHTS.  The SOFTWARE COMPONENT PRODUCT(S) is 
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 Products 
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the 
Commercial Computer SOFTWARE Products Restricted Rights at 48 CFR 
52.227-19, as applicable. Manufacturer is EMS.

EXPORT RESTRICTIONS.  EMS expressly complies with all export restrictions 
imposed by the government of the United States of America.  You, as 
Developer End User, must agree not to export or re-export the SOFTWARE 
COMPONENT PRODUCT(S) within any created application to any country, person, 
entity or end user subject to U.S.A. export restrictions.  Restricted 
countries currently include, but are not necessarily limited to Cuba, Iran, 
Iraq, Libya, North Korea, Sudan, and Syria.  You warrant and represent that 
neither the U.S.A. Bureau of Export Administration nor any other federal 
agency has suspended, revoked or denied your export privileges.

NO WARRANTIES.  EMS expressly disclaims any warranty for the SOFTWARE 
COMPONENT PRODUCT(S).  THE SOFTWARE COMPONENT PRODUCT(S) AND ANY RELATED 
DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER 
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES 
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  
THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE COMPONENT 
PRODUCT(S) REMAINS WITH YOU.  To the maximum extent permitted by applicable 
law, in no event shall EMS be liable for any special, incidental, indirect, 
or consequential 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 the SOFTWARE COMPONENT PRODUCT(S) or the provision of or 
failure to provide Support Services, even if EMS has been advised of the 
possibility of such damages. 
EMS's entire liability and your exclusive remedy shall be, at EMS's option, 
either (a) return of the price paid, or (b) repair or replacement of the 
SOFTWARE COMPONENT PRODUCT(S) that does not meet EMS's Limited Warranty and 
which is returned to EMS with a copy of your receipt.  DO NOT RETURN ANY 
PRODUCT(S) UNTIL YOU HAVE CONTACTED THE EMS CUSTOMER SERVICE DEPARTMENT AND 
OBTAINED A RETURN AUTHORIZATION NUMBER.  This Limited Warranty is void if 
failure of the SOFTWARE COMPONENT PRODUCT(S) has resulted from accident, 
abuse, or misapplication.  Any replacement SOFTWARE COMPONENT PRODUCT(S) 
will be warranted for the remainder of the original warranty period or 
thirty (30) days, whichever is longer.  Outside the United States, neither 
these remedies nor any PRODUCT(s) support services offered by EMS are 
available without proof of purchase from an authorized non-U.S. source. 
Some states and jurisdictions do not allow the exclusion or limitation of 
liability, so the above limitation may not apply to you.

Support Services. EMS may provide you with support services related to the 
SOFTWARE COMPONENT PRODUCT(S) ("Support Services"). Use of Support Services 
is governed by the EMS policies and programs described in the user manual, 
in "on line" documentation and/or other EMS provided materials. Any 
supplemental SOFTWARE COMPONENT PRODUCT(S) code provided to you as part of 
the Support Services shall be considered part of the SOFTWARE COMPONENT 
PRODUCT(S) and subject to the terms and conditions of this EULA. With 
respect to technical information you provide to EMS as part of the Support 
Services, EMS may use such information for its business purposes, including 
for PRODUCT(s) support and development. EMS will not utilize such technical 
information in a form that personally identifies you.
 
MISCELLANEOUS. This EULA shall be construed, interpreted and governed by 
the laws of the State of Nevada, U.S.A.  This EULA gives you specific legal 
rights; you may have others that vary from state to state and from country 
to country.  

EMS reserves all rights not specifically granted in this EULA.  

GENERAL PROVISIONS. This EULA may only be modified in writing signed by you 
and an authorized officer of EMS.  If any provision of this EULA is found 
void or unenforceable, the remainder will remain valid and enforceable 
according to its terms.  If any remedy provided is determined to have 
failed for its essential purpose, all limitations of liability and 
exclusions of damages set forth in the Limited Warranty shall remain in 
effect.

If this PRODUCT(s) was acquired outside the United States, then you, as the 
Developer End User, agree and ascend to the adherence to all applicable 
international treaties regarding copyright and intellectual property rights 
which shall also apply.  In addition, you, as Developer End User, agree 
that any local law(s) to the benefit and protection of EMS ownership of, 
and interest in, its intellectual property and right of recovery for 
damages thereto will also apply.
