End user agreement for CompactGrid
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you, software developer ("THE DEVELOPER END USER") and CF-Technologies Inc. ("CF-Technologies") for the software product ("THE PRODUCT") identified above, including any software, media, and accompanying on-line or printed documentation contained in the installation file.
By installing, copying, or otherwise using the PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not use the PRODUCT.
1. GRANT OF LICENSE.
1.1. INDIVIDUAL DEVELOPER LICENSE
CF-Technologies grants DEVELOPER END USER the non-exclusive license to use the PRODUCT on a single computer at any given time for the sole purpose of developing any number of end user applications that operate in conjunction with THE PRODUCT.
1.2. TEAM LICENSE
If DEVELOPER END USER is authorized and has purchased a team license, the PRODUCT may be used on four (4) computers in a single physical building at DEVELOPER END USER'S premises.
1.3. UNLIMITED LICENSE
If DEVELOPER END USER is authorized and has purchased an unlimited license, the PRODUCT may be used by any number of software developers on any number of computers in a single physical building at DEVELOPER END USER'S premises.
1.4. SOURCE CODE LICENSE
CF-Technologies grants DEVELOPER END USER the right to internally use or modify the source code of the PRODUCT at DEVELOPER END USER's premises for the purposes of developing, designing and testing a software application, provided that such software application does not directly compete with CF-Technologies products.
1.5. EVALUATION LICENSE
This License is granted for a limited period of thirty (30) days after installation of the evaluation version of the PRODUCT ("EVALUATION PERIOD"). After the EVALUATION PERIOD, the DEVELOPER END USER shall either delete the PRODUCT and all related files from all computers onto which it was installed or copied, or purchase the PRODUCT from the CF-Technologies or one of its authorized resellers. DEVELOPER END USER may use the evaluation version of the PRODUCT for evaluation purposes only and may not distribute in any form or manner ANY of the files provided with the evaluation version of the PRODUCT, as well as ANY software applications developed, designed or tested with the PRODUCT during the EVALUATION PERIOD, to any parties.
The PRODUCT is owned by CF-Technologies and is protected by international copyright laws and treaty provisions.
3. OTHER RESTRICTIONS.
You may not rent or lease the PRODUCT. You may not reverse engineer, decompile or disassemble the PRODUCT. The license rights granted under this agreement do not apply to development and distribution of software development products of any kind, including but not limited to any class libraries, components, controls, plug-ins, SDKs or DLLs destined to be used by software developers other than DEVELOPER END USERS that are authorized.
4. PROPRIETARY RIGHTS.
All copyright, patent, trade secret, trademarks and other intellectual and proprietary rights in the PRODUCT are and shall remain the valuable property of CF-Technologies or the author of the PRODUCT. You agree to take all necessary steps to ensure that the provisions of this agreement are not violated by you or by any person under your control or in your service.
YOU ARE THE ONLY BENEFICIARY OF THIS WARRANTY. YOU MAY NOT PASS THIS WARRANTY ON TO OTHERS. Although CF-Technologies has tested the PRODUCT and reviewed the documentation, this PRODUCT is licensed "AS IS" and you, the DEVELOPER END USER, are assuming the entire risk as to its quality and performance.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
IN NO EVENT SHALL CF-TECHNOLOGIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF PROFITS OR DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT OR DOCUMENTATION EVEN IF CF-TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CF-TECHNOLOGIES SHALL HAVE NO LIABILITY FOR ANY DATA READ, ACCESSED, STORED OR PROCESSED WITH THE PRODUCT, INCLUDING THE COSTS OF RECOVERING SUCH DATA. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND AUTHOR AGREES TO FURNISH THE PRODUCT ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances or of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement.
Copyright 2008-2009 CF-Technologies Inc.