End user agreement for Color Picker ActiveX Control
Red MiniBox Software, Inc. Component Software License Agreement
THIS COMPONENT SOFTWARE LICENSE AGREEMENT ("LICENSE AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND RED MINIBOX SOFTWARE, INC. NO AMENDMENT OR MODIFICATION MAY BE MADE TO THIS AGREEMENT EXCEPT IN FORM OF WRITING SIGNED BY YOU AND RED MINIBOX SOFTWARE, INC. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING ANY SOFTWARE PRODUCT (WHICH MAY CONSIST OF SOFTWARE, SAMPLE SOURCE CODE, DOCUMENTATION AND OTHER ITEMS; HEREAFTER: “SOFTWARE”) CREATED BY RED MINIBOX SOFTWARE, INC., YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. AS USED IN THIS LICENSE AGREEMENT, “YOU” SHALL MEAN THE INDIVIDUAL USING OR INSTALLING THE SOFTWARE TOGETHER WITH ANY INDIVIDUAL OR ENTITY, INCLUDING BUT NOT LIMITED TO YOUR EMPLOYER, ON WHOSE BEHALF YOU ARE ACTING IN USING OR INSTALLING THE SOFTWARE. YOU SHALL BE THE “LICENSEE” UNDER THIS LICENSE AGREEMENT.
IF YOU DO NOT AGREE TO ANY OF THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MUST DISCONTINUE USE OF THE SOFTWARE IMMEDIATELY.
GRANT OF LICENSE
Red MiniBox Software, Inc. grants to you only, the Licensee, the non-exclusive, nontransferable right to use the SOFTWARE in accordance with the license you purchase as detailed below and are not sold to you. Red MiniBox Software, Inc. retains copyright, title, and ownership of the SOFTWARE itself. If you are using this product for your employer, this agreement also includes your employer. You may only use the SOFTWARE on servers for which the SOFTWARE is licensed.
(A). Non-commercial licenses
Besides of commercial licenses our products can have Beta Tester License (void for non-Beta versions) and Evaluation License (for trying the SOFTWARE before purchase). The following is applicable for these licenses:
1. Beta Tester License. You may not distribute Beta versions of the SOFTWARE. You may provide links to the source www.redminibox.com. You may not sell beta versions of this SOFTWARE. License for Beta versions will lapse as soon as Release version becomes available for sale.
2. The Evaluation License. If the enclosed SOFTWARE is marked as "Demo" or "Evaluation", then this SOFTWARE shall be used for evaluation purposes only and shall be subject to all other restrictions in this agreement. Under the terms of this agreement, SOFTWARE used for demo or evaluation purposes shall NOT have the right to distribute any software you develop that incorporates this SOFTWARE. You are hereby licensed to make as many copies of the evaluation version of our SOFTWARE as you wish and distribute them to anyone provided that all files are intact. You must distribute the install form of the evaluation version of our SOFTWARE (not the files resulting of an installation). You are not allowed to sell the evaluation version of our SOFTWARE (except for shipment and handling charges). Computer's Magazines are authorized to distribute it on any Cover Disk or CD-ROM without any permission. Please inform us by e-mail each time you distribute the evaluation version of our SOFTWARE.
Both Beta Tester and Evaluation Licenses cannot be used for commercial purposes. However you can start developing your applications/sites with these versions and purchase a commercial license before releasing your application.
(B). Commercial licenses
We license our products on a per-developer basis. This means that if you have five developers working on a project that must load one of our products in the IDE, you will need to purchase five licenses for that product (one for each developer). If you are a single developer, you only need to purchase one license for the product you are using.
3. The Developer License allows royalty free use of the SOFTWARE one effective user. The use of the SOFTWARE under the Developer License is restricted to a single user. The number of installations under the Developer License is limited two copies. As the licensee you may not resell, rent, lease or distribute to third parties. You must not install the SOFTWARE on a web server that is connected to the Internet.
You may install and use the SOFTWARE for the sole purpose of designing, developing, testing and deploying application programs which you create. You may ONLY install and use a SINGLE copy of the SOFTWARE on a computer and freely move the SOFTWARE from one computer to another, provided that you are the only individual using the SOFTWARE. If you are an entity, you must designate one individual within your organization ("NAMED USER") to have the right to use the SOFTWARE.
If you have purchased additional licenses of the SOFTWARE from Red MiniBox Software, Inc.or a Red MiniBox Software, Inc. authorized reseller, you may install and use the number of copies of the SOFTWARE up to the number of users, at the site, granted to you in writing by Red MiniBox Software, Inc. You agree that the total number of copies of the SOFTWARE used by you may not exceed the number of licenses paid for by you, except that you may make one copy of the SOFTWARE solely for backup or archival purposes.
4. Volume License. To minimize the cost for companies that need to purchase multiple licenses, we offer our Volume Licensing. This licensing scheme allows you to purchase multiple licenses for heavily discounted rates. With Volume Licensing, you purchase an exact number of licenses, which are discounted according to how many licenses are being purchased.
5. The Enterprise License. Enterprise Licensing allows you to purchase a blanket license that covers any number of developers in your organization, provided that the developers ensures does not distribute the SOFTWARE outside the organization. The number of installations under the Enterprise License is not limited. As the licensee you may not resell, rent, lease or distribute to third parties. You must not install the SOFTWARE on a web server that is connected to the Internet.
6. The Distribution License grants you the non-exclusive right to redistribute and bundle the SOFTWARE as a component of your application or applications. As the distributor you may not resell, rent, lease or distribute the SOFTWARE alone. The SOFTWARE may only be usable as part of, and in connection with, the bundled application. Within your company the terms of the Distribution License apply.
All source code or documentation provided by Red MiniBox Software, Inc. must not be distributed with your applications or applications. Only components clearly identified as redistributable may be redistributed with your application or applications.
You may deploy Desktop and Internet/Intranet application programs you develop, using the SOFTWARE, on any number of computers, ROYALTY FREE, provided you agree with all terms of this LICENSE AGREEMENT. You must mention somewhere in documentation or "About" section that you use the SOFTWARE and provide link to Red MiniBox Software, Inc. website (www.redminibox.com). Users of your applications cannot develop their applications using the SOFTWARE until they purchase a license for themselves. This fact must be mentioned in the license agreement of your application.
1. You may NOT use the Software or any part of the source code contained in the SOFTWARE in a package, library or module (including but not limited to VCL, COM, ActiveX, DLL), which can be used by other software developers on any programming platform.
2. You may NOT distribute modified or unmodified versions of any files contained in the SOFTWARE, including but not limited to .lic, .vb, .c#, .asp, .c, .c++ and .h files. You may ONLY distribute the library .ocx, and .dll files.
3. You may NOT sell or distribute any portion of the SOFTWARE on its own or with other software, except as a library that is used by your application program and provided that you abide by all the terms and conditions of this LICENSE AGREEMENT.
7. You must not assign, sublicense, sell, rent, lease, loan, convey or transfer the SOFTWARE to any third party, or send or bring the SOFTWARE out of the country where you originally obtained it to other countries (except as permitted by applicable law), or copy, duplicate, translate or convert the SOFTWARE or accompanying documentation to another programming language, except as expressly provided herein.
8. Except as expressly permitted by applicable law, you must not, and must not cause third parties to, alter, modify, disassemble, decompile, adapt or translate or otherwise reverse engineer the SOFTWARE or accompanying documentation.
10. Other than with respect to a Demo Version of the SOFTWARE, you may permanently transfer all of your rights under this LICENSE AGREEMENT only as part of a sale or transfer, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this LICENSE AGREEMENT, the serial numbers, and, if applicable, all other software products provided together with the SOFTWARE), and the recipient agrees to the terms of this LICENSE AGREEMENT. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE from which you are upgrading. You may retain no copies of the SOFTWARE. You may not sell or transfer any SOFTWARE purchased under a volume discount.
11. You may only use the Demo Version of the SOFTWARE to review and evaluate the SOFTWARE.
12. You may not export the SOFTWARE into any country prohibited by the United States Export Administration Act and the regulations there under.
13. You may receive the SOFTWARE in more than one medium but you shall only install or use one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server or computer on which the SOFTWARE is to be installed.
14. You may receive the SOFTWARE in more than one platform but you shall only install or use one platform.
15. You shall not use the SOFTWARE to develop any application having the same primary function as the SOFTWARE.
16. In the event that you fail to comply with this LICENSE AGREEMENT, Red MiniBox Software, Inc. may terminate the license and you must destroy all copies of the SOFTWARE (with all other rights of both parties and all other provisions of this LICENSE AGREEMENT surviving any such termination).
If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the SOFTWARE to voluntarily terminate your earlier LICENSE AGREEMENT and that you will not continue to use the earlier version of the SOFTWARE or transfer it to another person or entity unless such transfer is pursuant to LICENSE AGREEMENT Restrictions.
NO OTHER RIGHTS
Except as stated above, this agreement does not grant you any rights to patents, copyrights, trade secrets, trade names, trademarks, or any rights, franchises of license with respect to the enclosed SOFTWARE and documentation. Red MiniBox Software, Inc. reserves all rights not explicitly granted in this license agreement.
All rights, including but not limited to copyrights and trade secret rights, to the SOFTWARE belong to Red MiniBox Software, Inc., subsidiaries, affiliates and third party licensors. Your use of the SOFTWARE is subject to the laws of the United States, and other applicable copyright and trademark laws, and nothing in this LICENSE AGREEMENT constitutes a waiver of the rights of Red MiniBox Software, Inc., subsidiaries, affiliates and third party licensors under such laws. Except as expressly provided herein, no license or right, express or implied, is hereby conveyed or granted by Red MiniBox Software, Inc. to you for any intellectual property of Red MiniBox Software, Inc..
The SOFTWARE as developed by Red MiniBox Software, Inc. 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 be held legally responsible for any infringement of intellectual property rights that is caused or encouraged by your failure to abide by the terms of this Agreement. You may make copies of the SOFTWARE solely for backup purposes provided the copyright and trademark notices are reproduced in their entirety on the backup copy. Red MiniBox Software, Inc. reserves all rights not specifically granted to Licensee.
Red MiniBox Software, Inc. warrants that Red MiniBox Software, Inc. is the sole owner of all patents, copyrights or other applicable intellectual property rights in and to the SOFTWARE unless otherwise indicated in the documentation for the SOFTWARE. Red MiniBox Software, Inc. shall defend and hold Licensee harmless from any third party claims for intellectual property infringement for properly licensed SOFTWARE provided by Red MiniBox Software, Inc.
You do not own the SOFTWARE. The SOFTWARE and documentation are licensed, not sold, to you. You may not rent, lease, display or distribute copies of the SOFTWARE to others except under the conditions of the Distribution License as detailed above. You may not disassemble, decompose or otherwise reverse engineer the SOFTWARE. You must not alter the SOFTWARE.
The failure by either party at any time to enforce any of the provisions of this LICENSE AGREEMENT or any right or remedy available hereunder or at law or in equity, or to exercise any option herein provided, shall not constitute a waiver of such provision, right, remedy or option or in any way affect the validity of this LICENSE AGREEMENT. The waiver of any default by either party shall not be deemed a continuing waiver, but shall apply solely to the instance to which such waiver is directed.
TERM AND TERMINATION
This LICENSE AGREEMENT is effective until terminated. The term of this LICENSE AGREEMENT will begin with installation of this SOFTWARE. Red MiniBox Software, Inc. reserves the right to terminate this LICENSE AGREEMENT at any time. This LICENSE AGREEMENT will automatically terminate upon your failure to comply with any of the terms of this LICENSE AGREEMENT, whichever comes first. Upon termination, you must destroy the SOFTWARE, and all copies of them, in part and in whole, including modified copies, if any. If you have distributed SOFTWARE with an application under the Distribution License, you must cease to use said SOFTWARE immediately.
LIMITED WARRANTY AND DISCLAIMER OF INDEMNITY:
It is your responsibility to choose, maintain and match the hardware and software components of your computer system. Thus, neither Red MiniBox Software, Inc., its parent, subsidiaries, or affiliates, nor their respective distributors or dealers, will guarantee uninterrupted service, the absence or correction of errors, or that the functions or performance of the SOFTWARE will meet your requirements.
(a) RED MINIBOX SOFTWARE INC. DISCLAIM ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. Red MiniBox Software, Inc. does not warrants that the SOFTWARE is error-free or will operate without interruption. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. The SOFTWARE is not designed, intended or licensed for use in hazardous environments requiring fail-safe controls, including without limitation, the design, construction, maintenance or operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. Red MiniBox Software, Inc. specifically disclaims any express or implied warranty of fitness for such purposes.
(b) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE OF DELIVERY.
(c) No oral or written information or advice given by Red MiniBox Software, Inc., its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of ANY warranty PROVIDED HEREIN.
(d) (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
(a) NEITHER RED MINIBOX SOFTWARE INC. NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF RED MINIBOX SOFTWARE INC. OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS LICENSE AGREEMENT.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)1(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software -- Restricted Rights 48 CFR 52.227-19, as applicable.