END-USER LICENSE AGREEMENT FOR SOFTWARE COMPONENT v1.2
IMPORTANT! READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you, a developer of software applications ("LICENSEE") and Jacek Kolodziejczyk owner of netanel.pl ("LICENSOR") for all LICENSOR's products that accompanies this EULA, which includes software components, samples, demos, SOURCE CODE, intermediate files, media, printed materials, and "online" or electronic documentation ("PRODUCT").
SOFTWARE COMPONENT is licensed, not sold. Use of SOFTWARE COMPONENT to build other software products imposes acquirement of development license from LICENSOR or its authorized resellers.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this SOFTWARE COMPONENT is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any LICENSOR intellectual property and trade secrets, to include any exposed methods or SOURCE CODE where provided, no licensed right of use shall exist, and any products(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 and international law.
1. GRANT OF LICENSE.
a) DEVELOPMENT LICENSE
This EULA, if legally executed as defined herein, licenses and so grants the single individual right to install and use the SOFTWARE COMPONENT on any number of computers, servers, or portable devices as long as all the individual developers using the SOFTWARE COMPONENT at those locations have acquired this license. This license is attached to a specific version of the product and does not expire.
b) SOURCE CODE LICENSE
For PRODUCT distributed with SOURCE CODE, this EULA grants you the right to read and modify the SOURCE CODE for the purpose of creation of bug-fixes, corrections, enhancements, revisions, modifications and adaptations of SOURCE CODE and addition of new user interfaces, features and functionality to the Software. Such modifications in the form of SOURCE CODE as well as compiled are considered part of the SOFTWARE COMPONENT and subject to the terms and conditions of this EULA. This license is attached to a specific version of the product and does not expire.
2. PROTECTING CONFIDENTIAL INFORMATION
The SOURCE CODE is confidential information and a trade secret of LICENSOR. When you get SOURCE CODE, you agree to:
a) never disclose it to anyone else outside of your organization (unless a court or the government orders you to)
b) keep it secret as you would your most sensitive confidential information
c) provide access to your employees only on a need to know basis
In case You haven't acquired SOURCE CODE You may not reverse engineer, decompile, create derivative works, translate, or disassemble the SOFTWARE COMPONENT, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE COMPONENT or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
3. SEPARATION OF COMPONENTS.
The SOFTWARE COMPONENT is licensed as a single product. The SOFTWARE COMPONENT and its constituent parts and any provided redistributables 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 LICENSEE. The provision of SOURCE CODE, if included with the SOFTWARE COMPONENT, 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 and international laws. All LICENSOR libraries, SOURCE CODE, redistributables and other files remain LICENSOR's exclusive property. You may not distribute any files, except those that LICENSOR has expressly designated as Redistributable.
You may not rent, lease, or lend the SOFTWARE COMPONENT.
You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity without prior written approval from LICENSOR. 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, redistributables, and/or other files of the SOFTWARE COMPONENT (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed LICENSEE have the right to use the libraries, Redistributables, or other files of the SOFTWARE COMPONENT (or any portions thereof) for developing programs created with the SOFTWARE COMPONENT. In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any LICENSOR documentation without LICENSOR's explicit permission.
6. ROYALTY FREE REDISTRIBUTION.
LICENSOR PRODUCT(s) may include certain files ("Redistributable(s)") intended for distribution by you to the users of software applications which you create. Redistributables include, for example, those files identified in printed or on-line documentation as redistributable files, or those files preselected for deployment by an install utility provided with the SOFTWARE COMPONENT (if any). In all circumstances, the Redistributables for the SOFTWARE COMPONENT are only those files specifically designated as such by LICENSOR.
Subject to all of the terms and conditions in this EULA, you may reproduce and distribute copies of the Redistributables, provided that such copies are made from the original copy of the Redistributables included with the SOFTWARE COMPONENT or modified versions of the Redistributables which are provided to you by LICENSOR or those which you create. 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.
REDISTRIBUTABLES. The following file(s) are considered redistributables under this EULA:
AT NO TIME MAY LICENSEE CREATE ANY TOOL, REDISTRIBUTABLE, OR SOFTWARE COMPONENT THAT DIRECTLY OR INDIRECTLY COMPETES WITH LICENSOR SOFTWARE COMPONENT WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT being subject of this agreement.
Distribution by the LICENSEE of any design-time tools, executables, and SOURCE CODE distributed to LICENSEE by LICENSOR as part of this SOFTWARE COMPONENT and not explicitly identified as a redistributable file is strictly prohibited. The LICENSEE shall not develop software applications that provide an application programming interface to the SOFTWARE COMPONENT or the SOFTWARE COMPONENT as modified.
Redistributables can be distributed only in a obfuscated form.
The LICENSEE may NOT distribute the SOFTWARE COMPONENT, in any format, to other users for development or application compilation purposes. Specifically, if LICENSEE creates a control using the SOFTWARE COMPONENT as a constituent control, LICENSEE may NOT distribute the control created with the SOFTWARE COMPONENT (in any format) to users to be used at design time and or for ANY development purposes.
LICENSEE MAY NOT REDISTRIBUTE any SOFTWARE COMPONENT files if using an evaluation, trial, Not for Resale, or demo version of the SOFTWARE COMPONENT.
If the SOFTWARE COMPONENT is labeled as an upgrade, you must be properly licensed to use the SOFTWARE COMPONENT identified by LICENSOR as being eligible for the upgrade in order to use the SOFTWARE COMPONENT. A SOFTWARE COMPONENT labeled as an upgrade replaces and/or supplements the SOFTWARE COMPONENT that formed the basis for your eligibility for the upgrade, and together constitutes a single PRODUCT(S). You may use the resulting upgraded PRODUCT(S) only in accordance with all the terms of this EULA.
All title and copyrights in and to the SOFTWARE COMPONENT (including but not limited to any copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE COMPONENT the accompanying printed materials, and any copies of the SOFTWARE COMPONENT) are owned by LICENSOR or its subsidiaries. The SOFTWARE COMPONENT is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE COMPONENT like any other copyrighted material except that you may install the SOFTWARE COMPONENT as described in this EULA.
9. DISCLAIMER OF WARRANTY.
LICENSOR expressly disclaims any warranty for the SOFTWARE COMPONENT. THE SOFTWARE COMPONENT 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. LICENSOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE COMPONENT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE COMPONENT REMAINS WITH YOU. No oral or written information or advice given by LICENSOR or its employees shall create a warranty or in any way increase the scope of this warranty.
10. LIMITATIONS ON LIABILITY.
To the maximum extent permitted by applicable law, in no event shall LICENSOR 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 or the provision of or failure to provide Support Services, even if LICENSOR has been advised of the possibility of such damages.
LICENSEE understands that the SOFTWARE COMPONENT may produce inaccurate results because of a failure or fault within the SOFTWARE COMPONENT or failure by LICENSEE to properly use and or deploy the SOFTWARE COMPONENT. LICENSEE assumes full and sole responsibility for any use of the SOFTWARE COMPONENT, and bears the entire risk for failures or faults within the SOFTWARE COMPONENT. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND LICENSOR'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL LICENSOR'S LIABILITY EXCEED THE PRICE PAID TO LICENSOR FOR THE SOFTWARE COMPONENT. This Limited Warranty is void if failure of the SOFTWARE COMPONENT has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE COMPONENT.
11. SUPPORT SERVICES.
LICENSOR may provide you with support services related to the SOFTWARE COMPONENT ("Support Services"). Use of Support Services is governed by LICENSOR policies and programs described in the user manual, in "on line" documentation and/or other LICENSOR provided materials. Any supplemental SOFTWARE COMPONENT provided to you as part of the Support Services shall be considered part of the SOFTWARE COMPONENT and subject to the terms and conditions of this EULA. With respect to technical information you provide to LICENSOR as part of the Support Services, LICENSOR may use such information for its business purposes, including for SOFTWARE COMPONENT support and development. LICENSOR will not utilize such technical information in a form that personally identifies you.
LICENSOR welcomes Your comments and suggestions on the Source Code. If You give LICENSOR comments and suggestions regarding bug fixes, enhancements or other modifications to the SOURCE CODE, LICENSOR may, in connection with LICENSOR products and services use, disclose or otherwise commercialize in any manner, Your comments and suggestions in any way it wants, entirely without any obligation or restriction based on intellectual property rights or otherwise.
The terms of this Agreement do not entitle LICENSEE to receive any support or maintenance services from LICENSOR with respect to the SOURCE CODE.
Without prejudice to any other rights, LICENSOR 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 COMPONENT 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 developed by you, whether in native, altered or compiled state.
13. RESERVATION OF RIGHTS AND OWNERSHIP.
LICENSOR reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. LICENSOR or its LICENSORs own the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. This EULA does not grant you any rights to trademarks or service marks of LICENSOR.
LICENSOR delivers its software electronically and does not collect sales or use tax for residents of US states in which it operates. You should confirm that your local, state, or federal government does not impose any sales or use tax on electronically delivered software. You are entirely liable for any such sales or use tax.
LICENSOR reserves all rights not specifically granted in this EULA.
ACKNOWLEDGEMENTS. LICENSEE acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.
Should you have any questions concerning this EULA, or if you desire to contact LICENSOR for any reason, please contact us directly at +48 506 132 662 or write: netanel.pl, Olszowice 242, 32-040 Swiatniki Gorne, Poland.