Sep 29, 2010, 4:56 AM
Requesting feedback on new Ext.NET Pro license
The following EULA is proposed for the upcoming release of the v1.0 Ext.NET Pro license.
Your feedback and comments are welcome.
Please feel free to contact me (geoff@object.net) directly if you prefer to discuss in private.
Your feedback and comments are welcome.
Please feel free to contact me (geoff@object.net) directly if you prefer to discuss in private.
Ext.NET Pro For ASP.NET Software License Agreement
Version 1.0
THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN EXT.NET, INC. ("We," "Us") AND
YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW ("You") IN
RELATION TO THE EXT.NET SOFTWARE LIBRARY(IES) (THE "Software"), IN BOTH SOURCE AND
OBJECT CODE FORM, AND/OR ALL RELATED MATERIALS. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE
USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF
THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING, COPYING,
INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE SOFTWARE IS PROTECTED BY
UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL
PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.
We, Ext.NET, Inc. grant You a non-exclusive, non-transferable license to the Software solely as set
forth in sections 1(a) or 1(b) as applicable, and subject to the terms and conditions of this
License Agreement.
1. OWNERSHIP, LICENSE GRANT
This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual
property rights inherent in or relating to the Software, which include, but are not limited to, all
copyright, patent rights, all rights in relation to registered and unregistered trademarks
(including service marks), confidential information (including trade secrets and know-how) and all
rights other than those expressly granted by this Agreement.
a. Ext.NET Trial License:
Without payment of a fee whatsoever, in consideration for the mutual covenants contained herein,
we grant you a non-transferable and non-exclusive license to install and use the Software on an
unlimited number of developer workstations within your organization for the purposes of
evaluation and testing when accessed by http://localhost or http://127.0.0.1 local address.
For any locations other than http://localhost or http://127.0.0.1 the Software will display the
message, ?This Software is Unlicensed? with a ?Buy License? link. If you wish to remove this
message you are required to purchase a Professional Edition License; otherwise you must leave
this message intact and not attempt to modify it in any way.
b. Ext.NET Pro License:
Subject to the payment of the fee required and subject to the terms and conditions of this License
Agreement, We grant to You a revocable, non- transferable and non-exclusive license (i) for a
Designated User(s) (as defined below) within Your organization to install and use the Software on
any workstations used exclusively by such Designated User and (ii) for You to install and use the
Software in connection with unlimited domains and sub-domains on unlimited servers, solely in
connection with distribution of the Software in accordance with sections 3 and 4 below. This license
is not sublicensable except as explicitly set forth herein. "Designated User(s)" shall mean Your
employee(s) acting within the scope of their employment or Your consultant(s) or contractor(s)
acting within the scope of the services they provide for You or on Your behalf for whom You have
purchased a license to use the Software.
2. PERMITTED USES, SOURCE CODE, MODIFICATIONS
We provide You with source code so that You can create Modifications of the original Software, where
Modification means: a) any addition to or deletion from the contents of a file included in the
original Software or previous Modifications created by You, or b) any new file that contains any
part of the original Software or previous Modifications. While You retain all rights to any original
work authored by You as part of the Modifications, We continue to own all copyright and other
intellectual property rights in the Software.
3. DISTRIBUTION
You may distribute the Software in any applications, frameworks, or elements that you develop using
the Software in accordance with this License Agreement, provided that such distribution does not
violate the restrictions set forth in section 4 of this agreement. You must not remove, obscure or
interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer
statement affixed to, incorporated in or otherwise applied in connection with the Software.
You are required to ensure that the Software is not reused by or with any applications other than
those with which You distribute it as permitted herein. For example, if You install the Software on
a customer's server, that customer is not permitted to use the Software independently of Your
application, and must be informed as such.
You will not owe Us any royalties for Your distribution of the Software in accordance with this
License Agreement.
4. PROHIBITED USES
You may not, without Our prior written consent, redistribute the Software or Modifications other
than by including the Software or a portion thereof within Your own product, which must have
substantially different functionality than the Software or Modifications and must not allow any
third party to use the Software or Modifications, or any portions thereof, for software development
purposes. You are explicitly not allowed to redistribute the Software or Modifications as part of
any product that can be described as a development toolkit or library or is intended for use by
software developers and not end-users. You are not allowed to redistribute any part of the Software
documentation.
You may not: a) use any part of the Software or Modifications or Your knowledge of the Software (or
any information that You learn as a result of Your use of the Software) to create a product with the
same or substantially the same functionality as the Software; b) transfer, rent, lease, or
sublicense the Software or Modifications, or any portions thereof; c) change or remove the copyright
notice from any of the files included in the Software or Modifications.
UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOURCE CODE
THEREOF) AS THE BASIS FOR OR IN CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY
THE SAME, FUNCTIONALITY AS THE SOFTWARE.
5. TERMINATION
This License Agreement and Your right to use the Software and Modifications will terminate
immediately without notice if You fail to comply with the terms and conditions of this License
Agreement. Upon termination, You agree to immediately cease using and destroy the Software or
Modifications, including all accompanying documents. The provisions of sections 4, 5, 6, 7, and 8
will survive any termination of this License Agreement.
6. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND
CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR
ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
7. LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS 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 LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY YOU FOR THE SOFTWARE OR FIVE ($5.00) DOLLARS (USD).
9. MISCELLANEOUS
The license granted herein applies only to the version of the Software downloaded or installed in
connection with the terms of this Agreement. Any previous or subsequent license granted to You for
use of the Software shall be governed by the terms and conditions of the agreement entered in
connection with downloading or installation of that version of the Software.
You agree that you will comply with all applicable laws and regulations with respect to the
Software, including without limitation all export and re-export control laws and regulations.
While redistributing the Software or Modifications thereof, You may choose to offer acceptance of
support, warranty, indemnity, or other liability obligations and/or rights consistent with this
Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your
sole responsibility, not on our behalf. You agree to indemnify, defend, and hold Us harmless from
and against any liability incurred by, or claims asserted against, Us by reason of Your accepting
any such support, warranty, indemnity or additional liability.
You agree to be identified as a customer of ours and You agree that We may refer to You by name,
trade name and trademark, if applicable, and may briefly describe Your business in our marketing
materials and web site.
You may not assign this License Agreement without Our prior written consent. This License Agreement
will inure to the benefit of Our successors and assigns.
You acknowledge that this License Agreement is complete and is the exclusive representation of our
agreement. No oral or written information given by Us or on our behalf shall create a warranty or
collateral contract, or in any way increase the scope of this License Agreement in any way, and You
may not rely on any such oral or written information.
If any provision in this License Agreement shall be determined to be invalid, such provision shall
be deemed omitted; the remainder of this License Agreement shall continue in full force and effect.
This License Agreement may be modified only by a written instrument signed by an authorized
representative of each party.
This Agreement is governed by the law of the Province of Alberta, Canada and all parties irrevocably
submit to the jurisdiction of the courts of the Province of Alberta and further agree to commence
any litigation which may arise hereunder in the courts located in the judicial district of
Edmonton, Alberta, Canada.
If the Software or any related documentation is licensed to the U.S. government or any agency
thereof, it will be deemed to be "commercial computer software" or "commercial computer software
documentation," pursuant to SFAR Section 227.7202 and FAR Section 12.212. Any use of the Software or
related documentation by the U.S. government will be governed solely by the terms of this License
Agreement.
