By installing, or otherwise using the product identified above and/or its related
materials, you agree to be bound by the terms and conditions of this License Agreement.
IMPORTANT – READ CAREFULLY: This license agreement ("LICENSE") is a legal agreement
between you (either an individual or a single entity, also referred to as "LICENSEE",
"YOU") and Winthusiasm™, ("OWNER"), for the product "HTML Editor for ASP.NET
AJAX - Professional Edition" which includes computer software, and may include the software’s source code
written in a high-level computer language, associated media, printed materials,
and "online" or electronic documentation (collectively referred to as “SOFTWARE”).
Any earlier license granted to you for the use of earlier versions of the SOFTWARE
is replaced by this LICENSE.
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties,
as well as other intellectual property laws and treaties and contains confidential
information and trade secrets. OWNER retains all rights not expressly granted to
you in this LICENSE.
I. GRANT OF LICENSE:
OWNER hereby grants to you, and you accept, a non-exclusive, non-transferable LICENSE
to install, copy and use the SOFTWARE only as authorized below.
The SOFTWARE is provided to you 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.
II. OTHER RIGHTS AND LIMITATIONS:
- The SOFTWARE may change substantially prior to purchase of a commercial release of the SOFTWARE
and OWNER does not warrant that, despite its best efforts, backwards compatibility
will be maintained throughout future updates.
- The hereby LICENSE does not provide Licensee with any rights with respect to subsequent
versions, if any, of the SOFTWARE.
- At no time may the SOFTWARE be used for development by individuals other than you.
- The SOFTWARE may not be distributed for use with solutions or PACKAGED PRODUCTS.
- The SOFTWARE may not be distributed as part of products that have the same or substantially
the same primary functionality.
- You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE
and your associated rights. Under no circumstances shall you grant further redistribution
rights to the end-users of your solution.
- You may not use the OWNER product names, logos or trademarks to market YOUR SOFTWARE.
- You are not allowed to 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.
- You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any
accompanying documents except as permitted in this LICENSE.
- You agree to indemnify, hold harmless, and defend OWNER and its resellers from and
against any and all claims or lawsuits including attorney's fees that arise or result
from the use or distribution of YOUR SOFTWARE
III. DELIVERY
OWNER shall deliver to LICENSEE a copy of the SOFTWARE licensed hereunder in electronic
files by download only.
IV. TERMINATION
This LICENSE shall last as long as you use the SOFTWARE in compliance with this
LICENSE. OWNER may terminate this LICENSE if you fail to comply with any of the
terms and conditions herein. In such event you agree to remove and destroy all copies
of the SOFTWARE and any applicable source code.
OWNER reserves the right to discontinue at any time any product, shall it be offered
individually or as a part of a product suite.
V. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any
images, photographs, text, incorporated into the SOFTWARE), any accompanying printed
materials, and any copies of the SOFTWARE, and any trademarks or service marks of
OWNER are owned by OWNER. All title and intellectual property rights in and to the
content that may be accessed through use of the SOFTWARE is the property of the
respective content owner and may be protected by applicable copyright or other intellectual
property laws and treaties. This LICENSE grants you no rights to use such content.
VI. NO WARRANTY
The SOFTWARE is provided as is. OWNER does not warrant the use of the SOFTWARE will
be uninterrupted or error free at all times and in all circumstances, nor that program
errors will be corrected.
VII. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OWNER BE LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF,
AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON
WHICH THE CLAIM IS BASED. IN ANY CASE, OWNER'S ENTIRE LIABILITY UNDER ANY PROVISION
OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF ANY LICENSE FEES
LICENSEE PAID TO OWNER FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING
ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. OWNER IS NOT RESPONSIBLE FOR ANY
LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED
THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED
IN A PRODUCT UPON SHIPMENT FROM OWNER IS FOR TESTING USE ONLY AND OWNER HEREBY DISCLAIMS
ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF OWNER'S LIABILITY FOR THE
LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.
VII. MISCELLANEOUS
This License will be governed by the law of the State of Colorado, U.S.A. If any
provision of this LICENSE is to be held unenforceable, such holding will not affect
the validity of the other provisions hereof. Failure of a party to enforce any provision
of this LICENSE shall not constitute or be construed as a waiver of such provision
or of the right to enforce such provision.
This License represents the entire understanding between the parties with respect
to its subject matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT,
AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING
OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR
COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS.
YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN OWNER AND
YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES
OF THE PARTIES.