71 lines
6.4 KiB
Plaintext
71 lines
6.4 KiB
Plaintext
License Agreement
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1. This Agreement sets the terms, rights, restrictions and obligations on using the BACKLOAD SERVER SIDE COMPONENT (The Software)
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created and owned by Licensor and granted to the users of The Software (hereinafter: Licensee), as detailed herein.
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2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial, Without the rights
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to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions
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set forth in 3rd party software used while running Software.
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2.1. Limited: Licensee may use Software for the purpose of Running Software on Licensee’s Website[s] and Server[s] and
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Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
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2.2. Binary Restricted: Licensee may sublicense Software as a part of a larger work.
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2.3. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
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2.4. Commercial: Licensee may use Software for any purpose.
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3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement,
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including Licensee’s license in the case where Licensee:
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exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; Licenee was in
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breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; Licensee
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in breach of any of the terms of clause 2 to this license; Licensee otherwise entered into any arrangement which caused Licensor
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to be unable to enforce his rights under this License.
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4. Payment: The Standard Edition is free of charge. Professional Edition 49EUR, Enterprise Edition 149EUR
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5. Updates and Fixes: Updates and fixes will be provided online by the NuGet package repository Gallery (NuGet.org).
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6. Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement
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shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
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6.1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and
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with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures
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and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
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6.2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licesee shall waive any claim
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or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or
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disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following
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the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd
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party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the
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feature solely by himself.
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7. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit,
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be liable for any damage, cost, expense or any other payment incurred by Licesee as a result of Software’s actions, failure, bugs and/or
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any other interaction between The Software and Licesee’s end-equipment, computers, other software or any 3rd party, end-equipment,
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computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on
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The Software or using The Software’s source code.
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8. Warranty:
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8.1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to
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intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any
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infringement or violation of any 3rd party intellectual property rights.
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8.2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error
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free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional.
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Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks
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contained in running The Software on License’s Server[s] and Website[s].
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8.3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs,
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that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and
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architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not
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infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any
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claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
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9. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly,
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as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any
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reason whatsoever, even if The Software contains material flaws.
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10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards
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to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property
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rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s
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consent prior to any settlement in relation to such lawsuit or claim.
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11. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license
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and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied,
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in part or in full.
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