End user agreement for Active Flash
Copyright (C) 2006 Active Up SPRL
Active Up grants you a non-exclusive license to install and use a copy of the software on a single server held or controlled by you. You may transfer the software between servers only if it is first removed from the old computer prior to being installed on the new one. You may only install and use the software within your own organization. You shall not reverse engineer, disassemble or decompile all or part of the Program. You are permitted to copy the documentation only for your own use. You are permitted to make only one back-up copy. The sale and sub-licensing of the software are forbidden.
This license shall not be transferred or assigned without the prior written agreement of Active Up or an approved distributor.
2. Standard version
The standard software version is free of charge. It may be freely distributed on the sole condition that it is not altered in any way. Active Calendar Standard version can't be used in commercial applications.
3. Professional version (per Server licensing)
You can register the software to activate the professional version of the software. This registration will allow you to use the software without the Active Up signature at the bottom of the control. You are permitted to install the software on one server only. Active Up will accept it to also be installed in a test environment if it can be accessed by only one person.
4. Source Code version (per Developer licensing)
You can register the software to acces to the royalty free source code version of the software. This registration will allow you to use the source code conforming our source code license agreement below. One license is required per developper working with Active Calendar.
a. License Grant. Active Up SPRL grants the Licensee, and the Licensee hereby accepts, a non-exclusive, perpetual license to install, use, modify, prepare derivative works, incorporate into other computer software, and distribute the version noted above of the computer software program noted above, in binary and source code format, or any derivative work thereof, together with any associated media, printed materials, and on-line or electronic documentation (if any) provided by Active Up SPRL (collectively, the "Software"), subject to the following terms and conditions: (i) any distribution of the Software shall bind the receiver to the terms and conditions of this Agreement; (ii) any distribution of the Software in modified form shall clearly state that the Software has been modified from the version originally obtained from Active Up SPRL.
b. Copyright; Retention of rights. The above license grant is conditioned on the following: (i) the Licensee must reproduce all copyright notices and other proprietary notices on any copies of the Software and the Licensee must not remove such notices; (ii) in the event the Licensee compile the Software, the Licensee will include the copyright notice with the binary in such a manner as to allow it to be easily viewable; (iii) if the Licensee incorporate the Software into other code, the Licensee must provide notice that the code contains the Software and include a copy of the copyright notices and other proprietary notices. All copies of the Software shall be subject to the terms of this Agreement. (a) the Licensee hereby acknowledges that the Software is protected by Belgian copyright law and international treaty provisions; (b) Active Up SPRL, and its licensors (if any), hereby reserve all rights in the Software which are not explicitly granted to the Licensee herein; (c) without limiting the generality of the foregoing, Active Up SPRL and its licensors retain all title, copyright, and other proprietary interests in the Software and any copies thereof, and the Licensee do not acquire any rights, express or implied, in the Software, other than those specifically set forth in this Agreement.
The Licensee acknowledges and agrees that the Software constitutes the confidential and proprietary trade secrets of Active Up SPRL and its suppliers, and that Licensee's protection thereof is essential to this Agreement and a condition of Licensee's use and possession of the Software. The Licensee shall retain in strict confidence any and all elements of the Software and use the Software only as expressly licensed herein. The Licensee agrees that it will under no circumstances distribute or in any way disseminate or disclose the Software to third parties.
5. Warranty disclaimer
THE SOFTWARE IS SUPPLIED "AS IS" WITHOUT WARRANTY OF ANY KIND. ACTIVE UP SPRL, ITS LICENSORS AND THEIR EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE SOFTWARE WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT THAT THE SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
6. Limitation of liability
IN NO EVENT WILL ACTIVE UP SPRL OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF ACTIVE UP SPRL HAS BEEN WARNED OF THE POSSIBILIITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL ACTIVE UP SPRL 'S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE.
The Licensee shall indemnify, defend, and hold harmless Active Up SPRL, the Software developers, the Software sponsors, and their agents, officers, and employees, against any and all claims, suits, losses, damage, costs, fees, and expenses arising out of or in connection with this Agreement. The Licensee shall pay all costs incurred by Active Up SPRL in enforcing this provision, including reasonable attorney fees.
8. Term and termination
The license granted to the Licensee under this Agreement will continue perpetually unless terminated by Active Up SPRL in accordance with this Agreement. If the Licensee breaches any term of this Agreement, and fails to cure such breach within thirty (30) days of the date of written notice, this Agreement shall immediately terminate. Upon such termination, the Licensee shall immediately cease using the Software, return to Active Up SPRL, or destroy, all copies of the Software, and provide Active Up SPRL with written certification of your compliance with the foregoing. Termination shall not relieve the Licensee from its obligations arising prior to such termination. Notwithstanding any provision of this Agreement to the contrary, Sections 2 through 10 shall survive termination of this Agreement.
9. Export controls
The Licensee shall observe all applicable Belgian and foreign laws and regulations (if any) with respect to the export, re-export, diversion or transfer of the Software, related technical data and direct products thereof, including, without limitation, the International Traffic in Arms Regulations (ITAR) and the Export Administration Regulations.
10. Applicable law - jurisdiction
This license contract is governed exclusively by Belgian law. In the event of a dispute arising in relation to the conclusion, interpretation or execution hereof, the Belgian courts, and more specifically those of the judicial district of Liege shall have sole jurisdiction.