End user agreement for DotNetRemotingPlusLib
FOUR DEVELOPERS TEAM VENDOR LICENSE AGREEMENT FOR
IMPORTANT-READ CAREFULLY: This license agreement (hereinafter, "LICENSE") is a legal agreement between you (either an individual or a single entity) and Amplefile (hereinafter, "VENDOR"), for the DOTNETREMOTING product (hereinafter, "PRODUCT"), which includes computer software, its source code, associated media, printed materials, and "online" or electronic documentation.
No amendment or modification may be made to this “LICENSE” except in writing signed by you and “VENDOR”.
IT IS NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS “LICENSE” INCUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS BEFORE YOU ARE PERMITTED TO INSTALL, COPY, OR OTHERWISE USE THE “PRODUCT”.
1. GRANT OF LICENCE.
"VENDOR" grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the “PRODUCT” only as authorized below.
2. PERMITTED USES.
This “LICENSE” grants you the following rights:
A. The “PRODUCT” is licensed for FOUR VENDORs within your organization and located at the same business address. You may make any copies you need and install the “PRODUCT” on any computer permanently located in the offices or grounds of the licensing company. You may install the “PRODUCT” on a network server for the sole purpose of internal distribution to one or more other computer(s); provided, that the installations shall be used only by your employees and are not to be republished or distributed to any other third party. Your temporary employees, contractors, and consultants may also use the “PRODUCT” in connection with the operation of your business. Any copies of the “PRODUCT” used by temporary employees, contractors and consultants must be removed from their individual computers once they cease working for licensing company.
B. Authorized users may also use the “PRODUCT” on your desktop and portable computers, which, on a temporary basis, are away from licensing company facilities; provided that the “PRODUCT” shall be used only by your employees and are not to be republished or distributed to any other third party. Authorized users may also make an additional copy of the “PRODUCT” for such individual’s exclusive use on either a home or portable computer. Any copies of the “PRODUCT” used on any authorized user’s home computer must be removed from such individual’s computers once they cease working for the licensing company.
C. Solely with respect to electronic documents included with the
”PRODUCT”, you may make a copy (either in hardcopy or electronic form)
for each VENDOR for which the Software has been licensed as
described in Section 2.A and Section 2.B, above; provided, that such copies shall be
used only by such VENDOR for internal purposes and are not to be
republished or distributed to any other third party.
D. You may use the included samples and associated media materials only for the limited purposes of demonstrations, trials, design time evaluations and
running a product tour.
3. PROHIBITED USES.
You may not, without the prior written permission of “VENDOR”:
A. Use, copy, modify, or merge copies of the “PRODUCT” and any
accompanying documents except as permitted in this “LICENSE”.
B. Rent, lease, loan, re-sell, sub-license, distribute or otherwise transfer the “PRODUCT” to any third party or use it to provide time sharing or similar services to any third party.
4. SOURCE CODE.
In addition to the license and rights granted in Sections 1 and 2, ”VENDOR” grants you the right to use and modify the source code delivered with the “PRODUCT”:
- “VENDOR” shall retain all right, title and interest in and to
all updates, modifications, enhancements and derivative works, in
whole or in part, of the “PRODUCT” source code created by you,
including all copyrights subsisting therein, to the extent such
modifications, enhancements or derivative works contain copyrightable
code or expression derived from the “PRODUCT” source code;
provided, however, that “VENDOR” grants to you a fully-paid,
royalty free license, to use, copy and modify such updates,
modifications, enhancements and derivative works or copies thereof for
use as authorized in this “LICENSE”.
- You may not distribute the “PRODUCT” source code, or any
modified version or derivative work of the “PRODUCT” source code,
in source code form.
- The source code contained herein and in related files is provided
to the authorized VENDORs for the purposes of education and
troubleshooting. Under no circumstances may any portion of the source
code be distributed, disclosed or otherwise made available to any
third party without the express written consent of “VENDOR”.
- Under no circumstances may the source code be used in whole or in
part, as the basis for creating a product that provides the same, or
substantially the same, functionality as the “PRODUCT”.
- The authorized VENDORs acknowledge that this source code
contains valuable and proprietary trade secrets of “PRODUCT”. The
registered VENDORs agree to expend every effort to insure its
In addition to the license and rights granted in Sections 1 and 2, “VENDOR” grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of the “PRODUCT” as DLL; provided:
- You distribute the “PRODUCT” in object code form only in conjunction with and as part of your software application product which adds significant and primary functionality;
- You do not use “VENDOR“’s name, logo or trademarks to market
your software application product;
- You include a valid copyright notice on your SOFTWARE;
- You hereby agree to indemnify, hold harmless, and defend “VENDOR“
from and against any and all liabilities, damages, losses, costs and
expenses (including reasonable attorneys' fees) arising from or
related to any claim, action, proceeding or allegation that arise or
result from the use and distribution of any of your software
application product(s) or components.
6. TECHNICAL SUPPORT.
Technical support is available through English language e-mail messages. The "VENDOR" will try to answer any problems or queries you might have with the "PRODUCT". “VENDOR” does not agree to fix any apparent defects or limitations in the software. However if you notify him of the problem or have positive suggestions then “VENDOR” may change the software accordingly in the next release. All service packs for this “PRODUCT” are available for FREE. You agree that "VENDOR" may collect and use technical information provided by you as a part of support services related to the "PRODUCT". "VENDOR" agrees not to use this information in a form that personally identifies you.
All title, copyright trademarks and other intellectual property rights in and to the "PRODUCT" are the exclusive property of "VENDOR" or partners authorized by "VENDOR" to distribute their intellectual property. All rights are reserved worldwide.
This “LICENSE” and your right to use the “PRODUCT” will terminate immediately without notice from “VENDOR” if you fail to comply with the terms and conditions of this “LICENSE”. Upon termination, you agree to destroy the “PRODUCT”, including all accompanying documents and copies.
4. NO WARRANTY
To the maximum extent permitted by applicable law, “VENDOR” expressly disclaims any warranty for the "PRODUCT". The "PRODUCT" is provided "AS IS" without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the "PRODUCT" remains with you.
5. NO LIABILITY
To the maximum extent permitted by applicable law, in no event shall “VENDOR” be liable for direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out or the use of this software, even if advised of the possibility of such damage.