for All Editions of Help Serverô
This license agreement ("AGREEMENT") is a legal agreement between you (either an individual or a single entity) and Xtensive, LLC ("AUTHOR") for Help Server ("SOFTWARE PRODUCT"), which includes the computer software and any associated media, printed materials, and online or electronic documentation ("COMPONENTS") distributed together under the product name shown above. The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by AUTHOR. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement.
By purchasing, installing, copying, downloading, executing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, do not install or use the SOFTWARE PRODUCT.
1.1 The AUTHOR hereby grants you a limited, non-exclusive, nontransferable license to use the SOFTWARE PRODUCT only when these conditions are met:
TYPES OF LICENSES
The following are terms used in the descriptions of the TYPES OF LICENSES:
A PRODUCTION WEB SERVER is defined as a computer that publishes web sites on the Internet for you only.
A HOSTED WEB SERVER is defined as a computer that publishes web sites for you and other companies, entities and individuals. A separate license is required for each HOSTED WEB SERVER regardless of a SOFTWARE PRODUCT licenses owned by other companies, entities or individuals whose web sites is hosted on the same computer.
A DEVELOPMENT COMPUTER is defined as a computer used in the software development process including coding, debugging, testing, staging, and documenting without publishing a web site on the Internet that contains the SOFTWARE PRODUCT.
The following are the TYPES OF LICENSES available for the SOFTWARE PRODUCT. The RECEPIENT must conform to the TYPE OF LICENSE that they were issued.
Express Edition License
An Express Edition License can be used on any DEVELOPMENT COMPUTER, PRODUCTION WEB SERVER, or HOSTED WEB SERVER.
Express Edition has a set of functional limitations specified in the documentation supplied with the SOFTWARE PRODUCT. Features and functional limitations of Express Edition of SOFTWARE PRODUCT are subject to change without any notice.
Express Edition does not require LICENSE FILE to be used on PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS.
Standard Edition License (Web Server License)
A Web Server License is required for each PRODUCTION WEB SERVER and HOSTED WEB SERVER. SOFTWARE PRODUCT is not licensed per Domain, URL, IP address, building, or per processor. Licensing is on a per web server basis only.
One (1) Web Server License also covers all DEVELOPMENT COMPUTERS.
A Site License allows you to use the SOFTWARE PRODUCT on an unlimited number of PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS.
Professional Edition License (Redistribution License)
A Redistribution License allows you to include the SOFTWARE PRODUCT in a CLIENT APPLICATION licensed to a CUSTOMER. A Redistribution License also provides you with a license on an unlimited number of PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS.
A CLIENT APPLICATION is a software product owned by you and built for use by a CUSTOMER. A CUSTOMER is a company, entity, or individual who receives the CLIENT APPLICATION from you.
You can distribute their CLIENT APPLICATION along with the SOFTWARE PRODUCT and LICENSE FILE for a Redistribution License so long as these conditions are met:
a. The CUSTOMER does not use the LICENSE FILE issued to you outside of the CLIENT APPLICATION.
b. Only the following files associated with the SOFTWARE PRODUCT may be distributed: The LICENSE FILE for the Redistribution License; the files from "Web" folder of SOFTWARE PRODUCT.
c. No materials or documentation from the SOFTWARE PRODUCT used in software development may be distributed.
d. Copyrights are maintained in all SOFTWARE PRODUCT files that are distributed.
One (1) LICENSE FILE is issued per Redistribution License. It can be placed on all PRODUCTION WEB SERVERS, HOSTED WEB SERVERS and DEVELOPMENT COMPUTERS. It can be placed on any of the CUSTOMER's web servers to which the CLIENT APPLICATION has been licensed.
You may use with Redistribution License with an unlimited number of CLIENT APPLICATIONS and with an unlimited number of CUSTOMERS, so Redistribution License is royalty-free.
1.2. Reservation of Rights. All rights not expressly granted are reserved by AUTHOR.
2.1. Version Limitation. Your license certificate contains a specific version number. This AGREEMENT permits you to use the same or a lower version of the SOFTWARE PRODUCT as the version number specified on the license certificate. If you have obtained this SOFTWARE PRODUCT as an upgrade to a previous version for which you have a license you are permitted to USE the SOFTWARE PRODUCT even though it may have a later version number than is specified on your license certificate, provided you meet all eligibility requirements for the upgrade as described in section 3.
2.2. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, disassemble, or modify the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.3. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.
2.4. Support Services. AUTHOR may provide you with support services related to the SOFTWARE PRODUCT ("SUPPORT SERVICES"). Use of SUPPORT SERVICES is governed by the AUTHOR's policies and programs described in the user manual, in online documentation, and/or in other materials provided by AUTHOR. Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this agreement. With respect to technical information you provide to AUTHOR as part of the SUPPORT SERVICES, AUTHOR may use such information for its business purposes, including for product support and development. AUTHOR will not utilize such technical information in a form that personally identifies you.
2.5. End-User Support. Any SUPPORT SERVICES offered by AUTHOR are offered to you only. In no case will AUTHOR provide SUPPORT SERVICES to the end-user of the SOFTWARE PRODUCT.
2.6. Sample Code. In addition to the rights granted above, AUTHOR
grants you a non-exclusive, royalty-free right to modify the source code
version of those portions of the SOFTWARE PRODUCT that are identified as
"Samples" or "Sample Code" or "Sample
applications" ("Sample Code"), for the sole purposes of
designing, developing, and testing your SOFTWARE PRODUCT(s), provided that you
a) not use AUTHOR's name, logo, or trademarks to market their SOFTWARE PRODUCT
b) include a valid copyright notice on all copies of the Sample Code and any derivative works
c) indemnify and hold harmless AUTHOR from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use, copying, modification or distribution of the Sample Code and/or derivative works thereof
d) not permit further distribution of the Sample Code and/or derivative works.
2.7. Software Transfer. The initial owner of license on SOFTWARE PRODUCT may make a one-time permanent transfer of this AGREEMENT and SOFTWARE PRODUCT only directly to an end user, provided that the you have not distributed the SOFTWARE PRODUCT as part of CLIENT APPLICATION. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this AGREEMENT, and, if applicable, the printed and/or electronic license certificate). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this AGREEMENT, including the obligation not to further transfer this AGREEMENT and SOFTWARE PRODUCT. If you have distributed the SOFTWARE PRODUCT as part of CLIENT APPLICATION, the AGREEMENT and SOFTWARE PRODUCT cannot be transferred except as part of a transfer of the rights to the CLIENT APPLICATION.
2.8. Limitation on Competition. The SOFTWARE PRODUCT may not be used in or distributed with any CLIENT APPLICATION that competes with or provides substantially the same functionality as the SOFTWARE PRODUCT, or with any CLIENT APPLICATION whose primary purpose is substantially the same as the primary purpose of the SOFTWARE PRODUCT.
2.9. Non-Redistributable Components. Only the software and other components designated as "Redistributable" in the reference documentation for the SOFTWARE PRODUCT may be redistributed with your CLIENT APPLICATION, and only when you have an appropriate license type. Non-Redistributable components (such as sample code and developer documentation) may not be redistributed.
2.10. Termination. This AGREEMENT will terminate automatically, without notice from the AUTHOR, if you fail to comply with the terms and conditions of this AGREEMENT.
Upon termination, you shall immediately discontinue use of the SOFTWARE PRODUCT and destroy all copies of the SOFTWARE PRODUCT. All payments made by you are non-refundable. Notwithstanding termination, the following provisions shall survive: Disclaimer of Warranty and Limitation of Liability. All other rights granted under this License will cease upon termination.
2.11. Severability. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by AUTHOR as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.
Provided you have purchased a license to the source code of SOFTWARE PRODUCT, you may make modifications, enhancements, derivative works and/or extensions to that licensed source code provided to you under the terms set forth in this section 4.
4.1. While AUTHOR does not claim any ownership rights in applications, frameworks or components developed using the SOFTWARE PRODUCT, in the event you develop any modifications, enhancements, derivative works and/or extensions to the licensed source code, either independently or jointly with AUTHOR, such modifications, enhancements, derivative works and/or extensions and all rights associated therewith will be the exclusive property of AUTHOR. You will not grant, either expressly or impliedly, any rights, title, interest, or licenses to any such modifications, enhancements, derivative works and/or extensions to any third party. You will, however, be entitled to use such modifications, enhancements, derivative works and/or extensions under the terms set forth in this agreement. You hereby assign all right, title and interest in and to such modifications, enhancements, derivative works and/or extensions to the licensed source code to AUTHOR. You also agree to execute, acknowledge and deliver to AUTHOR all documents and do all things AUTHOR deems necessary or desirable, at no cost to but at AUTHOR's expense, to enable AUTHOR to obtain and secure such modifications, enhancements, derivative works and/or extensions anywhere in the World. You agree to secure all necessary rights and obligations from relevant employees or third parties in order to satisfy the above obligations.
4.2. You may not distribute the source code of SOFTWARE PRODUCT, or any modification, enhancement, derivative work and/or extension thereto, in source code form.
4.3. The source code contained herein and in related files is provided to the registered developer for the sole purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express, prior written consent of AUTHOR.
4.4. Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any AUTHOR product. You will not take any action, or assist or otherwise aid anyone else in taking any action, that would limit AUTHOR' independent development, sale, assignment, licensing or use of its own software or any modification, enhancement, derivative work and/or extension thereto.
4.5. You will not modify or delete, in whole or part, any copyright, trade secret, proprietary, confidential or other notice thereon or therein without the express, prior written consent of AUTHOR.
4.6. YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED AS IS, AND THAT AUTHOR DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by AUTHOR, its partners or suppliers. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print as many copies as you wish of such electronic documentation, provided that it is for your use only. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
You may make as many copies as you wish of the installation media (if provided) or downloaded installation package, for the purpose of installing the SOFTWARE PRODUCT on computers for which you have obtained a license. After installation of the SOFTWARE PRODUCT pursuant to this AGREEMENT, you may keep the original media on which the SOFTWARE PRODUCT was provided by AUTHOR for backup or archival purposes. Except as expressly provided in this AGREEMENT, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.
Copies of the SOFTWARE PRODUCT (including evaluation copies) may not be given, sold, or otherwise transferred to others except as described in this agreement. Software download web sites and other similar distribution services are permitted to redistribute the complete software installation package provided that an evaluation copy or listing request was submitted to the service by an authorized agent of AUTHOR, and that installation package is distributed without modification.
AUTHOR offers qualified Educational Institutions or Organizations and eligible Academic End Users the ability to buy educational licenses of AUTHOR products for educational instruction purposes. Educational versions of AUTHOR products can not be used for any commercial purpose. Programs and prices are subject to change without notice. Please contact us for eligibility requirements or if you have any other questions about the AUTHOR Education Program, e-mail us at: email@example.com
You acknowledge that the SOFTWARE PRODUCT and any source code provided to you pursuant to this LICENSE, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of AUTHOR. You agree to maintain in confidence the source code of SOFTWARE PRODUCT (in source code form), and any modification, enhancement, derivative work and/or extension thereto, by using at least the same physical and other security measures as you use for your own confidential technical information and documentation, but in no event less that a commercially reasonable standard of care. You further agree not to disclose the Source Code of SOFTWARE PRODUCT, or any aspect thereof, or any modification, enhancement, derivative work and/or extension thereto, or any aspect thereof, to anyone other than employees or contractors who have a need to know or obtain access to such information in order to support your authorized use of the SOFTWARE PRODUCT and who are bound to protect such information against any other use or disclosure. You agree to assume full responsibility for such employees' or contractors' use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on AUTHOR' information, or approved in writing for release by AUTHOR without restriction.
THIS SOFTWARE PRODUCT IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
THIS SOFTWARE PRODUCT IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XTENSIVE, LLC AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE PRODUCT ENVIRONMENTS INTO WHICH AND USES TO WHICH THE SOFTWARE PRODUCT MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY SOFTWARE PRODUCT PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE PRODUCT.
To the maximum extent permitted by applicable law, in no event shall AUTHOR or its suppliers be liable for any special, incidental, indirect, or consequential 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 the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if AUTHOR has been advised of the possibility of such damages. In any case, AUTHOR's entire liability under any provision of this AGREEMENT shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S. $10.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.