End user agreement for FlyTreeView for ASP.NET
9Rays.Net, Inc. FlyTreeView for ASP.NET
END-USER LICENSE AGREEMENT
This 9Rays.Net, Inc. End-User Software License Agreement ("EULA") is a legal agreement between you (either as an individual user, corporation or single entity) and 9Rays.Net Inc. ("9RAYS") for the FlyTreeView for ASP.NET software product - which includes computer software, and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to install the SOFTWARE PRODUCT, you agree to be bound by the terms of this End User License Agreement ("EULA"), including the limitations and warranty disclaimers. If you do NOT agree to the terms of this EULA, you may not install nor use the SOFTWARE PRODUCT. If this is the case, please uninstall the SOFTWARE PRODUCT from your system immediately, and destroy all copies of the SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
This is a license agreement, and NOT an agreement for sale. 9RAYS retains ownership of the copy of the SOFTWARE in your possession, and all copies you may be licensed to make. 9RAYS retains all rights not expressly granted to you in this LICENSE. 9RAYS hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the SOFTWARE only as authorized below.
Provided that you have accepted these terms contained herein this EULA grants you the following rights.
For Single Domain License, you are granted a license to distribute the SOFTWARE PRODUCT on a single production web server, and use it for a single installation (instance) of one (1) top-level domain name (like 9rays.net). You are also permitted to install the SOFTWARE PRODUCT on an additional development/testing web server for testing/development purposes.
For Company License, you are granted a license to distribute the SOFTWARE PRODUCT on up to five (5) production web servers, and use it for up to five (5) installations (instances) of five (5) top-level domain names (like 9rays.net). You are also permitted to install the SOFTWARE PRODUCT on additional development/testing web servers for testing/development purposes.
For Site License, you are granted a license to distribute the SOFTWARE PRODUCT on an unlimited number of servers at a single physical location (site). You are also permitted to install the SOFTWARE PRODUCT on additional development/testing web servers for testing/development purposes.
For developer-based licenses, you are granted a license to distribute the SOFTWARE PRODUCT royalty-free with an unlimited number of different solutions to an unlimited number of web servers, provided they are developed solely by granted developers/individuals. The term "different solutions" is understood to mean non-identical, non-"shrink-wrapped" applications to be resold or re-licensed by you. You may not distribute the product with more than 10 copies of an identical or similarly-functioning ("shrink-wrapped") solution or application. For royalty-free distribution of more than 10 identical or similarly-functioning copies of a solution or application, you must purchase an additional Redistributable License.
For applications distributed outside of the licensed organization, you are required to reasonably ensure that the SOFTWARE PRODUCT is not reused by or with any application other than those with which you distribute it. For example, if you install the SOFTWARE PRODUCT along with a packaged application on a customer's server, that customer is not permitted to use the SOFTWARE PRODUCT independent of your application, and must be informed as such.
For Single Developer License, you are granted as a single developer/individual to distribute the SOFTWARE PRODUCT royalty-free with an unlimited number of solutions (web-sites or custom web-applications), provided they are developed solely by the licensed developer. At no time may the SOFTWARE PRODUCT be used by other individuals than the licensed developer. The SOFTWARE PRODUCT may not be distributed for use with web-sites other than those developed by the licensed developer.
For Team License, you are granted a license for five (5) developers/individuals to distribute the SOFTWARE PRODUCT, which you have purchased, royalty-free with an unlimited number of solutions (web-sites or custom web-applications), provided they are developed solely by the licensed developers/individuals. At no time may the SOFTWARE PRODUCT be used by other individuals than the licensed developers/individuals. The SOFTWARE PRODUCT may not be distributed for use with web-sites other than those developed by the licensed developers/individuals.
For Enterprise License and Enterprise Lifetime License, you are granted a license for all developers/individuals who are part an entire single collective entity, organization, enterprise, or corporation AT A SINGLE PHYSICAL LOCATION - or up to ten (10) developers/individuals AT SEPARATE PHYSICAL LOCATIONS who are still part of a single collective entity, organization, enterprise or corporation - to all versions of the particular product released during the period of the Enterprise License (or Enterprise Lifetime License) subscription. You are further licensed to view the source code to the SOFTWARE PRODUCT or part thereof, as permitted by the licensor, and modify it for your own needs. You may only re-distribute the source code as part of a compiled solution that adds significant functionality to THE SOFTWARE PRODUCT, and may not redistribute it in non-compiled form.
The Redistributable License is an addition to developer-based licenses and entitles you for royalty-free distribution of more than 10 identical or similarly-functioning copies of a solution or application with the SOFWARE PRODUCT integrated into these copies.
EVALUATION LICENSE (TRIAL).
For Evaluation License, you are granted a license for a period of only thirty (30) days after installation of the evaluation version of the SOFWARE PRODUCT ("Evaluation Period"). After the Evaluation Period, you shall either delete the SOFWARE PRODUCT, or contact 9RAYS or one of its authorized resellers to purchase the SOFWARE PRODUCT. You may use the evaluation version of the SOFWARE PRODUCT for evaluation purposes only. You may not distribute ANY of the files, in any form or manner, provided with the evaluation version of the SOFWARE PRODUCT to ANY PARTIES.
FOR ALL LICENSES.
For Enterprise Lifetime License, you have a lifetime subscription period for the SOFWARE PRODUCT. For all other developer-based licenses, you have a subscription for a period of 1 (one) year. For all other domain-based licenses, you have a subscription for a period of 1 (one) month. All the licenses provide you with upgrades and updates for the SOFWARE PRODUCT you purchased during the subscription period. As part of all licenses you are entitled to receive support from 9RAYS which guarantees response within 48 hours during the subscription period.
In no case shall you rent, lease, lend, redistribute nor re-license the SOFTWARE PRODUCT or any related source code to a 3rd party individual or entity, except as outlined above. In no case shall you grant further redistribution rights for the SOFTWARE PRODUCT to the end-users of your solution.
UNDER NO CIRCUMSTANCES MAY THE SOURCE CODE OR THE COMPILED PRODUCT BE USED AS THE BASIS FOR CREATING A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY AS ANY 9RAYS PRODUCT.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Termination: Without prejudice to any other rights, 9RAYS may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by 9RAYS. The SOFTWARE PRODUCT is protected by U.S. copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
4. LIMITED WARRANTY.
NO WARRANTIES. 9RAYS expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
5. LIMITATION OF LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall 9RAYS or its distributors be liable for any 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 this 9RAYS product (THE SOFTWARE PRODUCT) and related materials, even if 9RAYS has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
If you have any questions regarding this End User License Agreement, please write to:
901 North Pitt Street,
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