End user agreement for FlyGrid.Net
SOFTWARE LICENSE AGREEMENT FOR 9RAYS.NET, INC
VERY IMPORTANT - READ CAREFULLY: This 9Rays.Net Software License Agreement (hereinafter, this "LICENSE") is a legal agreement between you (either an individual or a single entity) and 9RAYS.NET, INC. ("9Rays.Net"), for the software containing this LICENSE or products identified on the disk or CD-ROM enclosed with the package which contain computer software and associated media and printed materials, and may include "on-line" or electronic documentation (the "SOFTWARE") and for which the CD-Key(s) are either provided on the back of the enclosed CD case or obtained through 9Rays.Net or its authorized distributor.
IT IS NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE BEFORE YOU ARE PERMITTED TO CONTINUE TO INSTALL THE SOFTWARE. BY CLICKING THE [ENTER] OR [ACCEPTED] ICON BELOW, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE INCUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS.
If you do not agree to the terms of this LICENSE click the [CANCEL] icon to EXIT NOW.
The installation process will be terminated.
You will be entitled to a full refund of the amount paid for the SOFTWARE provided you return the unused SOFTWARE to the place from which you obtained it within thirty (30) days of the date of purchase.
IF YOU PURCHASE THE SOURCE CODE THE SALE IS FINAL.
I. LICENSE GRANT, OWNERSHIP.
This is a license agreement and NOT an agreement for sale.
9Rays.Net continues to own the copy of the SOFTWARE contained on the disk or CD-ROM and all other copies that you are authorized by this LICENSE to make. Your rights to the SOFTWARE are specified in this LICENSE, and 9Rays.Net retains all rights not expressly granted to you in this LICENSE. 9Rays.Net hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the SOFTWARE only as authorized below.
II. PERMITTED USES. This LICENSE grants you the following rights:
A. The SOFTWARE is licensed per individual developer.
You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same developer.
If you have purchased a Team license, you may use a copy of the SOFTWARE on the number of computers associated with the Team License (e.g. a five user maximum allows you to use the SOFTWARE on up to five computers concurrently or by five different developers).
The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage devise) of that computer.
However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each computer to which the SOFTWARE is distributed.
B. Solely with respect to electronic documents included with the SOFTWARE, you may make a copy (either in hardcopy or electronic form) for each developer for which the Software has been licensed as described in Section II.A, above; provided, that such copies shall be used only by such developer for internal purposes and are not to be republished or distributed to any other third party.
C. You may use the trial versions and product demos, as described on the CD-ROM, of the SOFTWARE included on the CD-ROM for the limited purposes of demonstrations, trials and design time evaluations and running a product demo.
III. PROHIBITED USES.
You may not, without the prior written permission of 9Rays.Net:
A. 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. Use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.
C. Transfer, rent, lease, or sublicense the SOFTWARE.
D. Separate the software programs comprising the SOFTWARE for use by more than one user at a time.
IV. SOURCE CODE.
A. In addition to the license and rights granted in Sections I and II, 9Rays.Net grants you the right to use and modify the 9Rays.Net source provided you purchased source code:
* 9Rays.Net shall retain all right, title and interest in and to all updates, modifications, enhancements and derivative works, in whole or in part, of the 9Rays.Net 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 9Rays.Net source code; provided, however, that 9Rays.Net 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 9Rays.Net source code, or any modified version or derivative work of the 9Rays.Net source code, in source code form.
* The source code contained herein and in related files is provided to the registered developer 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 9Rays.Net.
* 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 any 9Rays.Net product.
* The registered developer acknowledges that this source code contains valuable and proprietary trade secrets of 9Rays.Net.
The registered developer agrees to expend every effort to insure its confidentiality.
* SOURCE CODE IS SOLD AS IS. 9Rays.Net DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
V. REDISTRIBUTABLE COMPONENTS.
B. In addition to the license and rights granted in Sections I and II, 9Rays.Net grants you a nonexclusive, royalty-free right to reproduce and distribute the object code version of those portions of the SOFTWARE designated in the SOFTWARE as (i) those portions of the SOFTWARE which are identified in the documentation as DLL Controls and/or class files;
(ii) those portions of the SOFTWARE which are identified in the documentation as REDISTRIBUTABLE DLLs ("DLLs"); provided:
* you distribute the REDISTRIBUTABLES 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 9Rays.NetÒ name, logo or trademarks to market your software application product;
* you include a valid copyright notice on your SOFTWARE; and
C. In addition to the other requirements set forth in this Section V, you hereby agree to indemnify, hold harmless, and defend 9Rays.Net 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.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text incorporated into the SOFTWARE) and the accompanying printed materials are owned by 9Rays.Net or its suppliers.
The SOFTWARE is protected by United States copyright laws and international treaty provisions.
All rights are reserved worldwide.
You must treat the SOFTWARE like any other copyrighted material, except that you may, in addition to the copies permitted in this LICENSE, make one copy of the SOFTWARE solely for backup or archival purposes.
No part of the accompanying printed materials may be reproduced, transmitted, transcribed, stored in any retrieval system, or translated into any language by any means without the express prior written permission of 9Rays.Net.
This LICENSE and your right to use the SOFTWARE will terminate immediately without notice from 9Rays.Net if you fail to comply with the terms and conditions of this LICENSE. Upon termination, you agree to destroy the SOFTWARE, including all accompanying documents and copies. This is in addition to and not in lieu of any criminal, civil or other remedies available to 9Rays.Net.
You agree to maintain in confidence the 9Rays.Net Source Code (in source code form) by using at least the same physical and other security measures as you use for your own confidential technical information and documentation.
You further agree not to disclose the 9Rays.Net Source Code (in source code form), or any aspect thereof, to anyone other than employees or contractors who have a need to know or obtain access to such information in order to support your authorized use of the SOFTWARE and who are bound to protect such information against any other use or disclosure.
These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on 9Rays.Net's information, or approved in writing for release by 9Rays.Net without restriction.
IX. LIMITED WARRANTY.
A. Except with respect to REDISTRIBUTABLES, which are provided "AS IS," without warranty of any kind, 9Rays.Net warrants that the SOFTWARE will perform substantially in accordance with the accompanying printed materials for a period of thirty (30) days from the date of receipt. 9Rays.Net does not warranty that the SOFTWARE will be error-free.
B. 9Rays.NetÒ and its suppliersÒ entire liability, in contract tort or otherwise, and your exclusive remedy under the performance warranty set forth in Section XI.A, shall be, at 9Rays.NetÒ option, either (a) return of the purchase price paid, or (b) repair or replacement of the defective SOFTWARE. SOFTWARE purchased other than directly from 9Rays.Net shall be returned to the place it was purchased. This limited warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original thirty (30) day period.
C. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION IX, 9Rays.Net AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE.
X. LIMITATION OF LIABILITIES.
9Rays.Net's liability, whether in contract, tort, or otherwise, arising out of Licensee's use of, or in connection with, the SOFTWARE, or otherwise under this Agreement, shall not exceed the amount of the license fee paid by you to 9Rays.Net.
IN NO EVENT SHALL 9Rays.Net OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF 9Rays.Net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or the exclusion of implied warranties or limitations on how long a warranty may last, so the limitations in Sections IX and X may not apply to you.
In the event of invalidity of any provision of this LICENSE, the parties agree that such invalidity shall not affect the validity of the remaining portions.
You agree that you will not export or re-export the Software without the appropriate United States or foreign government licenses.
This is the entire agreement between you and 9Rays.Net which supersedes any prior agreement, whether written or oral, relating to this subject matter.