This license (the "License") is a legal agreement between you (either an individual
or a single entity) and Winthusiasm™ ("OWNER") covering the use,
installation,
or copying of the HTML Editor for ASP.NET AJAX - Professional Edition ("SOFTWARE").
If you do not agree to all of the terms and
conditions of this License, then do not use, install, or copy the SOFTWARE.
TERMS AND CONDITIONS
I. Your Agreement to this License
This License applies to the SOFTWARE and any accompanying distributable files,
data and materials. You should carefully read the following terms and conditions
before using, installing, or copying the SOFTWARE. Unless otherwise agreed
in a writing signed by OWNER, your use, installation, or copying
of the SOFTWARE indicates your acceptance of this License.
The terms and conditions of this License describe the permitted use of each Licensed
Copy of the SOFTWARE and copies of the SOFTWARE made available for demonstration purposes, if any.
II. Scope of License
Subject to the terms of this License, OWNER grants to you, for each Licensed
Copy, a limited, non-exclusive, non-transferable, royalty-free, license to use,
install, or copy the SOFTWARE.
All rights of any kind in the SOFTWARE which are not expressly granted in this License
are entirely and exclusively reserved to and by OWNER. The SOFTWARE is protected
by applicable United States and international laws and treaties.
You may use, install, and copy the SOFTWARE solely as expressly provided
in this License. You may not rent, lease, loan, sublicense, modify, translate, reverse
engineer, decompile, disassemble, or create derivative works based on, the SOFTWARE,
in whole or in part, nor permit anyone else to do so. You may not make access to
the SOFTWARE available to others in connection with a service bureau, application service
provider, or similar business, nor permit anyone else to do so.
It is agreed that in exchange for the license set forth herein, you will pay a onetime
license fee. The fee value will be specified in the SOFTWARE official web site at
the moment of the purchase.
III. License Models
When purchasing a license, you will have the option to choose one of the following
models, which restricts your rights of usage and integration of the SOFTWARE under the
terms of this license:
- Web Site: you may integrate the SOFTWARE in one web site (the "Web
Site"). The Web Site URL must be specified at the moment of the purchase. The license
will not be valid for sub-domains of the specified Web Site URL.
- Enterprise: you may integrate the SOFTWARE in any number of
web sites owned or produced by you ("Company Web Sites"). The license will not
be valid for sites produced by third parties with software produced by you.
- OEM: you may integrate the SOFTWARE in one of your software products
(the "Product"). The "Product" name must be specified at the moment of the purchase.
You will have a perpetual, royalty free, license to distribute the SOFTWARE as an
integrated part of the "Product".
License fees may be different depending on the license model.
IV. License Validity
This license is valid only if the Web Site or Company Web Sites is a
work that uses the SOFTWARE, and doesn’t go in competition with the SOFTWARE in the marketplace.
V. Demonstration Versions
If demonstration versions of the SOFTWARE are made available, these versions may be used only for internal evaluation and demonstration, never for commercial purposes, and not on production servers.
You may not remove demo
notices from the interface nor disable the ability to display such notices or otherwise
modify the SOFTWARE.
VI. Delivery
OWNER shall deliver to you a copy of the SOFTWARE licensed hereunder in electronic files by download only.
VII. Upgrades
OWNER will make available to you free upgrades of the SOFTWARE for a period that begins
on the purchase date and ends 365 days later. Such upgrades will include any upgrades
for the SOFTWARE that are released by OWNER for general distribution to SOFTWARE
licensees during the one year period for which you are entitled to receive free
upgrades. OWNER has no obligation to provide you with any upgrades that are
not released for general distribution to OWNER's other licensees. Nothing in
this Agreement shall be construed to obligate OWNER to provide upgrades to
you under any circumstances.
VIII. Source Code
The original source code ("Source Code") of the SOFTWARE may be distributed by OWNER
alongside the executable version of it, or as integral part of it. You may modify and compile the Source Code. The Source
Code or its modified version can only be used, installed and copied within the scope of this license, as defined in the "License Model" terms of this license,
as long as a valid license has been purchased for the distribution target. OWNER
retains all rights over the Source Code and all parts of it present on modified
versions of it. The Source Code and modified versions of it must
contain the original headers and copyright notices. Modifications to the Source
Code must be explicitly and entirely identified in the Source Code files.
OWNER may also make available paid assistance to you in modifying the Source Code.
All use of these modifications is constrained to the "License Model" purchased.
In addition, OWNER may create similar functionality in its products as its own copyrighted
intellectual property.
This section of the license supersedes all modification restrictions imposed by other sections
of it.
IX. Reservation of Rights and Ownership
OWNER reserves all rights not expressly granted to you in this License. The SOFTWARE
is protected by copyright and other intellectual property laws and treaties. OWNER
owns the title, copyright, and other intellectual property rights in the SOFTWARE, its
files and its Source Code. The SOFTWARE is licensed, not sold. This License does not
grant you any rights to trademarks or service SOFTWARE marks.
X. Termination
Without prejudice to any other rights, OWNER may terminate this License if
you fail to comply with the terms and conditions of this License. In such event,
your right to use, install, and copy the SOFTWARE terminates automatically
and you must then destroy all copies of the SOFTWARE in your possession.
XI.
Warranty
OWNER represents and warrants that he has full title and ownership to the SOFTWARE
and has the authority to grant the license hereunder. To the best of OWNER's
knowledge the SOFTWARE does not infringe upon the intellectual property rights of any
third party and that he did not receive any notice regarding any alleged infringement
thereof.
XII.
Disclaimer of Warranties
The SOFTWARE and its related material are provided "AS IS" and without warranty of any
kind and the Owner expressly disclaims all other warranties, expressed or implied,
including, but not limited to, the implied warranties of merchantability and fitness
for a particular purpose.
XIII. Limitation of Liability
EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OWNER BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION,
FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE
TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,
AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY
RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE
TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT
THROUGH SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF SOFTWARE, OR OTHERWISE UNDER
OR IN CONNECTION WITH ANY PROVISION OF THIS LICENSE, EVEN IN THE EVENT OF THE FAULT,
TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT,
AND EVEN IF OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall OWNER's liability exceed the license fee paid, if any.