End User Licence Agreement
Contents
End User Licence Agreement |
|
Licencing Summary
| Licence Option | Overview |
|---|---|
| Server Licence |
|
| Developer Licence |
|
| Enterprise Licence |
|
GENERAL
STATEMENT
This is a legal
agreement ("LICENCE AGREEMENT") between you (either an individual or an entity)
as the software developer and Dune5.
By installing, copying, developing software applications (“APPLICATIONS”)
or otherwise using the DateTime Picker ASP.NET Web Controlsoftware
components and related documentation ("SOFTWARE"), you agree to be bound by the
terms of this LICENCE AGREEMENT. If
you do not agree to the terms of this LICENCE AGREEMENT, you may not install,
copy, develop applications with, or otherwise use the
SOFTWARE.
This LICENCE
AGREEMENT governs the three licence options available for purchase,
namely:
SERVER LICENCE –
You may deploy the SOFTWARE onto one physical production computer. You are
entitled to unlimited development use at your organisation. You may not also
purchase DEVELOPER LICENCES.
DEVELOPER LICENCE –
Only you ( or one developer in your organisation ) may develop code that uses
the SOFTWARE. You may freely distribute applications that you develop that
contain the SOFTWARE, whether internal to your organisation or for your clients.
You may not also purchase SERVER LICENCES.
ENTERPRISE LICENCE
- Full C# source code is included. You are entitled to unlimited development use
at your organisation. You may freely distribute applications that you develop
that contain the SOFTWARE, whether internal to your organisation or for your
clients. You may not use the source code for any purpose that would compete
commercially with the SOFTWARE itself.
You may not
purchase SERVER and DEVELOPER licences concurrently.
The SOFTWARE is licensed, not sold.
1. LICENCE
GRANT
This LICENCE
AGREEMENT grants you the following rights:
In consideration of
payment of applicable licence fees, Dune5 grants you a limited, non-exclusive,
non-transferrable, licence to use the SOFTWARE to develop APPLICATIONS in
accordance with Sections 2 and 3, and redistribute APPLICATIONS in accordance
with Section 3.
All other rights
are reserved to Dune5. You shall
not rent, lease, sell, sublicense, assign, or otherwise transfer any portion of
the SOFTWARE. You may not reverse
engineer, decompile or disassemble any portion of the SOFTWARE.
Unless explicitly
stated, this entire agreement is applicable to all purchasable licence options,
namely SERVER, DEVELOPER and ENTERPRISE.
2. DEVELOPMENT
USE
This LICENCE
AGREEMENT is binding on you when a developer uses the SOFTWARE for development
use. Development use is deemed to occur when a developer:
- loads the
SOFTWARE into temporary memory of a computer. This includes, but is not limited
to, loading any electronic documentation that is provided with the SOFTWARE, and
serving any controls provided with the SOFTWARE using web server software on any
computer.
- installs the
SOFTWARE into permanent memory (e.g. hard disk) of a
computer.
- authors, develops
or configures in APPLICATIONS an instance of any class within the
Dune5.DateTimeUI namespace (“NAMESPACE”), or any class that has a class within
the NAMESPACE in its inheritance hierarchy.
2.1 Applicable
to DEVELOPER LICENCES only
The number of
development licences you purchase must be equal to or greater than the number of
developers using the SOFTWARE for development use as defined above. You may use
or make copies of the SOFTWARE on more computers than the number of development
licences you have, as long as the number of developers using the SOFTWARE does
not exceed the number of licences purchased.
2.2 Applicable
to SERVER and ENTERPRISE LICENCES only
If you purchase a
SERVER or ENTERPRISE licence then all developers at your organisation may use
the SOFTWARE for development use as described above.
2.3 Applicable
to ENTERPRISE LICENCES only
The C# source code
(“SOFTWARE SOURCE CODE”) is included with an ENTERPRISE LICENCE. You may modify
and use the SOFTWARE SOURCE CODE for development use as described above.
3. CREATING AND
DISTRIBUTING APPLICATIONS
Dune5 grants you a
nonexclusive right to distribute the SOFTWARE ("REDISTRIBUTABLES”) as defined
hereunder with your APPLICATIONS provided that you comply with the requirements
and restrictions hereunder.
For the purposes of
clarity a PRODUCTION COMPUTER is any computer on which the REDISTRIBUTABLES have
been installed, deployed on, or otherwise made available to your APPLICATION’s
end users.
Requirements and
Restrictions:
3.1 The
REDISTRIBUTABLES include the Dune5.DateTimeUI.DateTimePicker.DLL and
Dune5.DateTimeUI.DateTimePicker.LIC files only. You must distribute
Dune5.DateTimeUI.DateTimePicker.LIC as a one-line text file containing your
runtime licence serial key obtained after licence
purchase.
3.2 You may not
redistribute the REDISTRIBUTABLES if the SOFTWARE is marked as an Evaluation
Version or obtained with an Evaluation Licence.
3.3 You may only
redistribute the REDISTRIBUTABLES, and not any other part of the
SOFTWARE.
3.4 You may not
modify the REDISTRIBUTABLES. Note that APPLICATIONS are permitted to contain
classes inheriting from a class within the NAMESPACE, as this does not
constitute modification.
3.5 Your
APPLICATIONS may not provide substantially the same functionality as the
SOFTWARE or have as one of the APPLICATION’s purposes anything that would
compete with the SOFTWARE.
3.6 You may not
reproduce or distribute any portion of the documentation for the SOFTWARE or
document the APPLICATIONS in a manner that identifies the programmatic interface
to the callable routines in the SOFTWARE.
3.7 Your
APPLICATIONS must be subject to a licence agreement that
3.7.1 limits APPLICATION end-users use of the SOFTWARE to
a run-time component;
3.7.2 restricts the APPLICATION end-user from changing,
altering or modifying the SOFTWARE, creating derivative works, translations,
reverse assembling, reverse compiling, disassembling, or in any way reverse
engineering the SOFTWARE; and
3.7.3 prevents the APPLICATION end-user from
sublicensing, renting, distributing, leasing or otherwise transferring or
assigning any portion of the SOFTWARE.
3.8 You may not use
Dune5’s name, logo or trademarks to market your APPLICATIONS without prior
consent from Dune5.
3.9 You indemnify,
hold harmless, and defend Dune5 from and against any claims or lawsuits,
including attorney’s fees, that arise or result from the use and distribution of
your APPLICATIONS.
3.10 You may not
consume any class within the Dune5.Licensing namespace.
3.11 Applicable
to SERVER LICENCES only
The number of
PRODUCTION COMPUTERS to which you distribute the REDISTRIBUTABLES must be less
than or equal to the number of SERVER LICENCES that you have purchased.
3.12 Applicable
to DEVELOPER LICENCES and ENTERPRISE LICENCES only
The number of
PRODUCTION COMPUTERS to which you distribute the REDISTRIBUTABLES is unlimited
and royalty-free.
2.13 Applicable
to ENTERPRISE LICENCES only
You may not use the
SOFTWARE SOURCE CODE to create or distribute any APPLICATIONS that provide
substantially the same functionality as the SOFTWARE or have as one of the
APPLICATION’s purposes anything that would compete with the SOFTWARE. You may
not distribute or otherwise make available outside your organisation any source
code that you have written that has been derived or based on the SOFTWARE SOURCE
CODE, or the SOFTWARE SOURCE CODE itself.
4.
TERM
This LICENCE
AGREEMENT shall be perpetual unless you fail to observe any of its terms, in
which case it shall terminate immediately, and without additional prior notice.
The terms of paragraphs 6, 7, 8, 9, and 10 shall survive termination of this
LICENCE AGREEMENT.
5. MAINTENANCE
AND UPDATES
Dune5 agrees to
provide you with maintenance and technical support for the SOFTWARE. Dune5 may, in its sole discretion,
provide further release versions, technical support, updates and/or supplements
of the SOFTWARE and/or related information ("UPDATES") to you for the
above-mentioned “Major.Minor” version of the SOFTWARE. You are entitled to
freely download such UPDATES from Dune5’s website, and any serial keys you have
purchased will continue to function with any such UPDATE. Any UPDATE received by
you is deemed to be included in the SOFTWARE and therefore governed by this
LICENCE AGREEMENT, unless Dune5 with such UPDATES provides other terms of use.
Future releases of
the SOFTWARE that have a greater “Major.Minor” version are not deemed to be
UPDATES but UPGRADES of the SOFTWARE. You are entitled to obtain from Dune5 any
new versions of the SOFTWARE that are released within 60 days of your licence
purchase. A similar LICENCE AGREEMENT will govern any UPGRADE received by you.
You may not upgrade the SOFTWARE if you do not agree to the UPGRADE’s LICENCE
AGREEMENT.
6. INTELLECTUAL
PROPERTY RIGHTS.
All title and
intellectual property rights in and to the SOFTWARE (including but not limited
to any source code, images, photographs, animations, video, audio, music, text
and "applets" incorporated into the SOFTWARE), and any copies of the SOFTWARE
that you are expressly permitted to make herein, are owned by Dune5. All title and intellectual property
rights in and to the content that may be accessed through use of the SOFTWARE
are the property of the respective content owner and may be protected by
applicable copyright or other intellectual property laws and treaties. This LICENCE AGREEMENT grants you no
rights to use such content. If the
SOFTWARE contains documentation that is provided only in electronic form, you
may print copies of such electronic documentation. You may not copy any printed materials
accompanying the SOFTWARE. In the
event you provide feedback to Dune5 with respect to the performance of the
SOFTWARE, all such feedback shall be the property of Dune5 and may be used by
Dune5 for any purpose. All rights
not expressly granted are reserved byDune5.
7. DISCLAIMER OF
WARRANTY
The SOFTWARE is
provided "as is" without warranty of any kind, including but not limited to the
implied warranties of merchantability and fitness for a particular purpose.
Further, Dune5 specifically does not warrant, guarantee, or make any
representations regarding the use, or the results of the use, of the SOFTWARE or
written materials in terms of correctness, accuracy, reliability, current ness,
or otherwise. You assume the entire risk as to the results and performance of
the SOFTWARE. No oral or written information or advice given by Dune5 or its
employees shall create a warranty or in any way increase the scope of this
warranty, and you may not rely on any such information or
advice.
8. LIMITATION ON
LIABILITY
The SOFTWARE may
produce inaccurate results because of a failure or inaccuracy in the performance
of the SOFTWARE, because you input incorrect data, or for many other reasons.
You assume full and sole responsibility for any use you make of the output from
the SOFTWARE, and you bear the entire risks of there being an error in the
output. You agree that regardless of the cause of any error or the form of any
claim, your sole remedy and Dune5's sole obligation shall be governed by this
LICENCE AGREEMENT and in no event shall Dune5's liability exceed the price paid
to Dune5 for the SOFTWARE. You expressly agree that in no event shall Dune5 be
liable for any consequential, incidental or special damages arising from breach
of warranty, breach of contract, negligence, or any other legal theory, whether
in tort or contract, even if Dune5 has been appraised of the likelihood of such
damages occurring, including without limitation damages from interruption of
business, loss of use of SOFTWARE, loss of data, cost of recreating data, cost
of capital, cost of any substitute software, or losses caused by delay. Dune5
shall not be responsible for any damages or expenses resulting from alteration
or unauthorized use of the SOFTWARE, or from the unintended and unforeseen
results obtained by you resulting from such use.
9.
INDEMNIFICATION
You hereby agree to
indemnify Dune5 and its officers, directors, employees, agents, and
representatives from each and every demand, claim, loss, liability, or damage of
any kind, including actual attorneys fees, whether in tort or contract, that it
or any of them may incur by reason of, or arising out of, any claim which is
made by any third party with respect any breach or violation of this LICENCE
AGREEMENT by you or any claims based on the APPLICATIONS and the SOFTWARE
included therein.
10. ENTIRE
AGREEMENT
You acknowledge that you have read this LICENCE AGREEMENT, understand it, and agree to be bound by its terms and conditions. You also agree that this LICENCE AGREEMENT is the complete and exclusive statement of the LICENCE AGREEMENT between Dune5 and you, which supersedes any proposal, prior agreement, or licence, oral or written, and any other communications relating to the subject matter of this LICENCE AGREEMENT. This LICENCE AGREEMENT shall be construed in accordance with the laws of the Republic of South Africa and all disputes shall have exclusive venue in the courts of the Republic of South Africa, and both parties consent to the jurisdiction of these courts. If any term of this LICENCE AGREEMENT shall be found invalid, the term shall be modified or omitted to the extent necessary, and the remainder of the LICENCE AGREEMENT shall continue in full effect.
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