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.
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 eligible for a major version upgrade discount. You are granted the right to upgrade your Developer License to the latest SOFTWARE PRODUCT major version at 30% discount on the purchase price.
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
The developer license grants you the right of one year of Standard 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