End user agreement for ComfyJ for Windows (32/64-bit)
This is a legal agreement (“Agreement”) between You (either an individual or an entity) (“Licensee”), and TeamDev Ltd. (“TeamDev”).
IMPORTANT [PLEASE READ CAREFULLY]: BY INSTALLING, USING OR COPYING THE SOFTWARE OR ANY RELATED DOCUMENTATION (“SOFTWARE”) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SOFTWARE.
1. Definitions a) “Software” means the software product supplied by TeamDev in binary form and corresponding documentation, associated media, printed materials, and online or electronic documentation.
b) “Runtime” means the files that are included into the Software and are required for distribution of the programs that the Licensee creates using the Software. Runtime files are identified in the accompanying or on-line documentation (“Documentation”). You should refer to the Documentation, including any “readme” or “runtime” files provided with the Software, for additional information regarding redistributable files.
c) “Evaluation License Key” means a file that allows using the Software for evaluation purposes for a limited period of time which shall commence on the day of Evaluation License acquisition, and terminate pursuant to the provisions defined by the section 3 “Evaluation License Grants” of this Agreement.
d) “Development License Key” means a file that allows the Licensee to integrate the Software into his own larger works.
e) “Runtime License Key” means a file that is required for distribution of the Licensee's works that enclose the Software.
f) “Licensee” means the party specified in the Development and Runtime License Keys.
g) “Effective Date of the Agreement” means the date when Licensee receives Evaluation License Key(s).
2. Ownership and License The Software is owned by TeamDev, copyrighted and protected by copyright laws and international treaty provisions. The Software is licensed, not sold. By installing or using the Software you will not acquire any rights to the Software except as expressly set forth in this Agreement. All rights not expressly granted herein are reserved by TeamDev.
3. Evaluation License Grants Subject to the terms and conditions of this Agreement, TeamDev hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the Documentation for the sole purposes of evaluation during the period of 30 (thirty) calendar days, and create a copy of the Software for backup purposes.
4. Development and Runtime License Grants Subject to the payment of the applicable license fees, and to the terms and conditions of this Agreement, TeamDev hereby grants to you a non-exclusive, non-transferable right to use the specified version of the Software and Documentation on the number of workstations that corresponds to the number of licenses purchased and recorded in the Development and Runtime License Keys; to reproduce and distribute, in executable form and with Runtime License Key only, the programs that you create using the Software without additional license or fees, subject to all the conditions defined herein.
5. License Restrictions 5.1. General License Restrictions. You may NOT: a) modify, adapt, alter, translate, decompile, reverse engineer, or disassemble the Software; b) remove any proprietary notices or labels on the Software; c) make more copies of the Software than the number of the obtained licenses (excluding a copy for backup purposes); d) rent, lease, or otherwise transfer rights to the Software.
5.2. Evaluation License Restrictions. In addition to the general restrictions denoted in the section 5.1., as the holder of the Evaluation License you may NOT: a) use the Software for commercial purposes; b) use the Software after expiration of the evaluation period.
5.3. Development and Runtime License Restrictions. In addition to the general restrictions denoted in the section 5.1., as the holder of the Development and Runtime License you may NOT: a) use the software on the number of computers, exceeding the number of the licenses purchased; b) use Development License Key for redistributing your applications; c) use Runtime License Key for development purposes.
6. Marketing You agree to be identified as a customer of TeamDev and You agree that TeamDev may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in TeamDev's marketing materials and web sites. You hereby grant TeamDev a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to TeamDev pursuant to this marketing section.
Licensee and TeamDev may use the information about their business relationship for independent or joint marketing efforts. Examples of allowable marketing uses include creation and use of case studies, press releases, printed and on-line marketing materials, presentations, and business references (“Marketing Materials”).
7. Support Services 7.1. TeamDev provides Licensee with free evaluation support during the valid Evaluation period, as defined by the section 3 “Evaluation License Grants.” TeamDev provides free technical support to Licensee during one year after the Development License purchase. TeamDev provides Licensee with technical support in the general use of the Software and in bug fixing. One year after the Development License purchase Licensee may choose to purchase annual technical support. Use and renewal of any such support services is described on TeamDev's web site (www.teamdev.com).
7.2. Any supplemental software code or related materials that TeamDev provides to Licensee as part of the support services, in periodic updates to the Software or otherwise, is to be considered part of the Software and is subject to the terms and conditions of this Agreement.
7.3. With respect to any technical information that Licensee provides to TeamDev as part of the support services, TeamDev may use such information for its business purposes without restriction, including for product support and development. TeamDev will not use such technical information in a form that personally identifies Licensee.
8. Patent and Copyright Indemnity 8.1. TeamDev will defend and indemnify Licensee for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes a U.S. or Canadian copyright or patent provided that: (i) Licensee notify TeamDev in writing within 30 (thirty) calendar days of the claim; (ii) TeamDev has sole control of the defence and all related settlement negotiations, and (iii) Licensee provide TeamDev with the assistance, information, and authority necessary to perform the above.
8.2. TeamDev will have no liability for any claim of infringement based on: (i ) code contained within the Software which was not created by TeamDev; (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by TeamDev or under TeamDev direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that TeamDev provides to Licensee, or (iii) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by TeamDev if such infringement would have been avoided by the use of the Software without such programs or data.
8.3. In the event the Software is held or believed by TeamDev to infringe any third-party rights, or Licensee's use of the Software is enjoined, TeamDev will have the option, at its expense, to: (i ) modify the Software to cause it to become non-infringing; (ii) obtain for Licensee a license to continue using the Software; (iii) substitute the Software with other Software reasonably suitable to Licensee, or (iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a three-year term from the Effective Date of the Agreement.
9. Disclaimer of Warranty THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED ON A STRICTLY “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
10. Limitation of Liability IN NO EVENT SHALL TEAMDEV OR ITS SUPPLIERS 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 TEAMDEV SOFTWARE, EVEN IF TEAMDEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Trademarks This Agreement does not grant any rights to use the trademarks or trade names: “TeamDev”, “JNIWrapper”, “ComfyJ”, “JxCapture”, “JExplorer”, “JExcel”, “JxBrowser”, “JxFileWatcher”, or any other trademarks, service marks, logos or trade names belonging to TeamDev except as defined in the Section 6 “Marketing”. Licensee agrees not to use any marks belonging to TeamDev in or as part of the name of products based on the Software.
12. Termination Licensee may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from TeamDev if it is discovered that the Licensee fails to comply with any provision of this Agreement. Upon such termination, the Licensee must destroy all copies of the Software. Section 9 “Disclaimer of Warranty” and section 10 “Limitation of Liability” shall remain effective after the termination of this Agreement.