smartDBforms.NET
End-User License Agreement
This
License Agreement(“LICENSE”) is a legal agreement between
you (either as an individual user, corporation or single entity, also
referred to as "LICENSEE", "YOU") and Adillis
("ADILLIS",”LICENSOR”), who owns and operates
www.adillis.com(“WEBSITE”), for the software product
“Adillis smartDBforms.NET”, which includes computer
software, and may include media, documentation or software product's
source code("SOFTWARE PRODUCT" or “SOFTWARE").
By
using or installing the SOFTWARE PRODUCT, you are agreeing to be
bound by the terms and conditions of this LICENSE. If you do not
agree to and accept the terms and conditions contained in this
LICENSE, then you may not use or view any part or whole of the
SOFTWARE PRODUCT.
You
acknowledge that before purchasing any of the commercial licenses,
ADILLIS has given you the possibility to download and test a free
trial version of the SOFTWARE, that has the same functionality as the
commercial version of the SOFTWARE.
1. LICENSE GRANT
The SOFTWARE and any copies that you are authorized
by ADILLIS to make are intellectual property of and are owned by
ADILLIS. The structure, organization and code of the SOFTWARE are the
valuable trade secrets and confidential information of ADILLIS. The
SOFTWARE is protected by copyright laws, international treaty
provisions and applicable laws. The software is licensed, not sold.
ADILLIS retains all rights not expressly granted to you in this
LICENSE.
If the SOFTWARE is
distributed as trial, beta, shareware or a demo it may be used for
testing and evaluation purposes only and can not be used for
commercial purposes.
ADILLIS hereby grants you, and you accept, a
non-exclusive, non-transferable license to install, copy, and use the
SOFTWARE only as authorized below.
The SOFTWARE is licensed per individual developer.
Each person(individual) who is using this SOFTWARE for development
purpose must have a separate license. Each separate license must have
been purchased by the individual, by individual's employer or by
individual's contractor. The license is not allowed to be used
simultaneously by two or more individuals. You may make copies on
more than one computer, as long as the use of the SOFTWARE is by
individuals with applicable licenses. The SOFTWARE is in "use"
on a computer when it is loaded into temporary memory ( for instance
- RAM) or installed into permanent memory (for instance - hard disk
or other storage devise) of that computer for development purposes.
smartDBforms.NET Developer License:
You are granted a license
for 1(one) developer within a single collective entity, organization,
enterprise or corporation to the particular licensed major version
of the SOFTWARE PRODUCT. You have the right to receive all subsequent
minor upgrades to the licensed major version. No parts of the
SOFTWARE PRODUCT may be redistributed for use with applications other
than those developed by the licensed developer.
You are granted the right
to redistribute the redistributable run-time parts of the SOFTWARE
PRODUCT with your applications, which use the SOFTWARE PRODUCT. The
redistributable parts are located in the “REDIST”sub
folder of the SOFTWARE PRODUCT's installation folder. No parts of the
SOFTWARE PRODUCT outside the “REDIST” folder may be
redistributed, except they are clearly marked as being
redistributable.
In the case you
redistribute with your application parts of the SOFTWARE PRODUCT,
which are not allowed to be redistributed, then for each person that
receives your application a Developer License for the SOFTWARE
PRODUCT must be purchased from ADILLIS by this person or by you.
You are granted the
right of 1 (one) year of Standard support.
smartDBforms.NET Developer Subscription License:
You are granted 1 (one)
smartDBforms.NET Developer License. You are entitled to receive all
subsequent major version updates of the SOFTWARE PRODUCT for a
period of 1 (one) year.
smartDBforms.NET Express Developer License:
You are granted a license
for 1(one) developer within a single collective entity, organization,
enterprise or corporation to the particular licensed major version
of the Express edition of the SOFTWARE PRODUCT. You have the right to
receive all subsequent minor upgrades to the licensed major version.
No parts of the SOFTWARE
PRODUCT may be redistributed.
You are granted the
right of 6(six) months of Standard support.
2. OTHER RIGHTS AND LIMITATIONS
(a) You may not, without the prior written permission
of ADILLIS disassemble, decompile or "unlock", decode or
otherwise reverse translate or engineer, or attempt in any manner to
reconstruct or discover any source code or underlying algorithms of
SOFTWARE provided in object code form only.
(b) You must ensure that the SOFTWARE is not
distributed in any form that allows it to be reused by end users for
development purposes or further redistribution. In addition you are
not allowed to distribute and reveal the SOFTWARE's documentation or
create documentation that describes or reveals the SOFTWARE's API and
the SOFTWARE's executable files(DLLs, EXEs).
(c) You may not use the source code or the SOFTWARE
for creating a product that contains the same, or substantially the
same, functionality as any ADILLIS' product
(d) The SOFTWARE's logo and name and the ADILLIS'
logo and name are property of ADILLIS and you may not use them in
your products or your web-site without the preliminary agreement of
ADILLIS to do so.
(e) The SOFTWARE’s source code is sold as is.
You and your organization assume all risks when applying
modifications to the source code.
(f) You agree to indemnify, hold harmless, and defend
ADILLIS and its resellers from and against any and all claims or
lawsuits including attorney's fees that arise or result from the use
or distribution of your software products.
3. TECHNICAL SUPPORT
Standard support:
Standard
support includes:
Standard
support can be additionally purchased per month basis.
4. COPYRIGHT
The SOFTWARE and the accompanying materials are
copyrighted and contain proprietary information. Unauthorized copying
of the SOFTWARE or accompanying materials even if modified, merged,
or included with other software, or of the written materials, is
expressly forbidden. You may make copies of the SOFTWARE solely for
backup purposes. ADILLIS reserves all rights not specifically granted
to LICENSEE. The SOFTWARE, documentation and applied materials are
licensed, not sold to you. You may not rent, lease, display or
distribute copies of the SOFTWARE to third parties. You may not
disassemble, decompose, reverse engineer, or alter the SOFTWARE.
5. TERMINATION
(a) The LICENSE and the rights granted hereunder
shall continue in full force and effect as long as you use the
SOFTWARE in compliance with the LICENSE. In the case of termination
you agree to remove and destroy all copies of the SOFTWARE, any
applicable source code, as well as all copies that you have
integrated in other products and applications.
(b) In the event that ADILLIS discontinues further
development of the SOFTWARE PRODUCT, ADILLIS is obliged to provide
6(six) months of support after the date of discontinuance notice and
to provide the LICENSEE with the SOFTWARE's source code.
6. LIMITED WARRANTY
ADILLIS represents to LICENSEE that during the period
of 60(sixty) days(WARRANTY PERIOD), the SOFTWARE shall operate in
accordance with the SOFTWARE's definition. ADILLIS does not warrant
that the operation of the SOFTWARE will be uninterrupted or
error-free. The warranty is not valid in the case of any problem
which would otherwise be a breach of warranty caused by (i) changes
in the operating characteristics of computer hardware or computer
operating systems, (ii) failure to follow operating instructions
(iii) accident, abuse, or misapplication, or (iv) modification of the
SOFTWARE by a person not authorized by ADILLIS.
Upon notification to ADILLIS during the WARRANTY
PERIOD of any breach of warranty, ADILLIS will,during its normal
business hours and at no cost to LICENSEE, use reasonable efforts to
repair the SOFTWARE.
In the event that LICENCEE notifies ADILLIS of any
failures during the WARRANTY PERIOD, ADILLIS' sole liability, and
LICENCEE's sole remedy, will be ADILLIS use of reasonable efforts to
repair the SOFTWARE or, in ADILLIS' sole discretion, to refund the
portion of the prepaid purchase price applicable to the portion of
the SOFTWARE which is defective.
7. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN
NO EVENT WILL LICENSOR OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING
OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF
THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON
WHICH THE CLAIM IS BASED. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY
UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE
AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO LICENSOR FOR
THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, WITH THE EXCEPTION OF
DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE
EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH
CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION
MAY NOT BE APPLICABLE. LICENSOR IS NOT RESPONSIBLE FOR ANY LIABILITY
ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS
ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH
CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM LICENSOR
IS FOR TESTING USE ONLY AND LICENSOR HEREBY DISCLAIMS ANY AND ALL
LIABILITY ARISING THEREFROM. THE EXTENT OF LICENSOR'S LIABILITY FOR
THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.
8. TRIAL PRODUCT ADDITIONAL TERMS
If the product you have
received with this license is trial Software ("trial Software"),
then the following Section applies. To the extent that any provision
in this Section is in conflict with any other term or condition in
this LICENCE, this Section shall supersede such other term(s) and
condition(s) with respect to the trial Software, but only to the
extent necessary to resolve the conflict. You acknowledge that the
Software is a trial version, does not represent commercial product
from ADILLIS, and may contain some restrictions and additional trial
notification captions. Consequently, the trial Software is provided
to you "AS - IS", and ADILLIS disclaims any warranty or
liability obligations to you of any kind. You acknowledge that any
research or development that you perform regarding the trial Software
is done entirely at your own risk. You agree that you may not and
certify that you will not sublicense, lease, loan, rent, or transfer
the trial Software. Upon receipt of a later version of the trial
Software you agree to return or destroy all earlier trial Software
received from ADILLIS and to abide by the terms of the End User
License Agreement for any such later versions of the trial Software.
9. PRE - RELEASE PRODUCT ADDITIONAL
TERMS
If the product you have
received with this license is pre - commercial release beta Software
("Pre - release Software"), then the following Section
applies. To the extent that any provision in this Section is in
conflict with any other term or condition in this LICENCE, this
Section shall supersede such other term(s) and condition(s) with
respect to the Pre-release Software, but only to the extent necessary
to resolve the conflict. You acknowledge that the Software is a
pre-release version, does not represent final product from ADILLIS,
and may contain bugs, errors and other problems that could cause
system or other failures and data loss. Consequently, the Pre-release
Software is provided to you "AS - IS", and ADILLIS
disclaims any warranty or liability obligations to you of any kind.
You acknowledge that ADILLIS has not promised or guaranteed to you
that Pre - release Software will be announced or made available to
anyone in the future, that ADILLIS has no express or implied
obligation to you to announce or introduce the Pre - re lease
Software and that ADILLIS may not introduce a product similar to or
compatible with the Pre - release Software. Accordingly, you
acknowledge that any research or development that you perform
regarding the Pre - release Software or any product associated with
the Pre - release Software is done entirely at your own risk. During
the term of this Agreement, if requested by ADILLIS, you will provide
feedback to ADILLIS regarding testing and use of the Pre - release
Software, including error or bug reports. If you have been provided
the Pre - release Software pursuant to a separate written agreement,
such as the ADILLIS Serial Agreement for Unreleased Products, your
use of the Software is also governed by such agreement. You agree
that you may not and certify that you will not sublicense, lease,
loan, rent, or transfer the Pre - release Software. Upon receipt of a
later unreleased version of the Pre - release Software or release by
ADILLIS of a publicly released commercial version of the Software,
whether as a stand - alone product or as part of a larger product,
you agree to return or destroy all earlier Pre - release Software
received from ADILLIS and to abide by the terms of the End User
License Agreement for any such later versions of the Pre - release
Software.
10. ENTIRE AGREEMENT
This LICENSE comprise the entire agreement between
the parties regarding the subject matter hereof and supersedes and
merges all prior proposals, understandings and all other agreements,
oral and written between the parties relating to this License
Agreement.
11. VALIDITY
If any part of this LICENSE is held to be illegal or
unenforceable, the validity or enforceability of the remainder of
this LICENSE shall not be affected.
12. GOVERNING LAW
This LICENSE shall be governed by and interpreted in
accordance with the laws of the Republic of Bulgaria