XAFARI FRAMEWORK END-USER LICENSE AGREEMENT
© BST Management&Consulting GmbH
IMPORTANT – PLEASE READ THIS END-USER LICENSE AGREEMENT BEFORE DOWNLOADING OR USING THE SOFTWARE PRODUCT INCLUDED IN THIS DISTRIBUTION/INSTALLATION.
1.1. This End-User License Agreement (hereinafter EULA) is a legal agreement between the customer (hereinafter END USER), either an individual or a single entity, and LLC Top Soft (hereinafter COPYRIGHT HOLDER) covering the END USER’s use of all Xafari Framework products, libraries, components, source code, demos, intermediate files, media, printed materials, and/or electronic documentation (hereinafter SOFTWARE PRODUCT).
1.2. By installing, copying, or otherwise using the SOFTWARE DEVELOPMENT PRODUCT (or any part or portion of the SOFTWARE DEVELOPMENT PRODUCT), the END USER agrees to be bound by the terms of this EULA.
2.1. All title and copyright in and to the SOFTWARE PRODUCT (including but not limited to any COPYRIGHT HOLDER’s trademarks, copyrighted images, demos, source code, intermediate files, packages, photographs, redistributables, animation, video, audio, music, text, and incorporated into the SOFTWARE PRODUCT the accompanying printed materials, and any copies of the SOFTWARE PRODUCT) are owned by the COPYRIGHT HOLDER.
2.2. The SOFTWARE PRODUCT is licensed, not sold.
2.3. All the products produced by this SOFTWARE PRODUCT will be considered as different ones and are not covered by this EULA.
- GRANT OF LICENSE
3.1. Subject to all the terms and conditions of this EULA, the COPYRIGHT HOLDER grants the END USER a non-exclusive, non-transferable license to install and use the SOFTWARE PRODUCT included in this distribution as authorized below. It is agreed that in exchange for the license set forth herein, the END USER will pay a one-time license fee specified by the COPYRIGHT HOLDER.
3.2. INDIVIDUAL USE LICENSE
If the END USER is an individual and is using the SOFTWARE PRODUCT, the END USER may install, copy, and use the SOFTWARE PRODUCT by purchasing a 12-month subscription from the COPYRIGHT HOLDER or its authorized resellers. Refer to Section 8 of this EULA for more information.
3.3. BUSINESS AND GOVERNMENT USE LICENSE
The COPYRIGHT HOLDER licenses the SOFTWARE PRODUCT on a per-developer basis. If the END USER is a business or government entity, the END USER’s employees may install, copy, and use the SOFTWARE PRODUCT by purchasing a 12-month subscription from the COPYRIGHT HOLDER or its authorized resellers for each developer using the SOFTWARE PRODUCT. Refer to Section 8 of this EULA.
3.4. GENERAL SUBSCRIPTION
This type of subscription grants the END USER license to use General components, technical support and all minor and major updates of the SOFTWARE PRODUCT by purchasing a 12-month subscription from the COPYRIGHT HOLDER or its authorized resellers for each developer using the SOFTWARE PRODUCT. Refer to Section 8 of this EULA.
3.5. BUSINESS SUBSCRIPTION
This type of subscription grants the END USER license to use General components, Business components, technical support and all minor and major updates of the SOFTWARE PRODUCT by purchasing a 12-month subscription from the COPYRIGHT HOLDER or its authorized resellers for each developer using the SOFTWARE PRODUCT. Refer to Section 8 of this EULA.
3.6. ENTERPRISE SUBSCRIPTION
This type of subscription grants the END USER license to use General components, Business components, ERP components, ASP.Net MVC, Performance enhancement, Source Code (provided only on request sent to firstname.lastname@example.org), technical support and all minor and major updates of the SOFTWARE PRODUCT by purchasing a 12-month subscription from the COPYRIGHT HOLDER or its authorized resellers for each developer using the SOFTWARE PRODUCT. Refer to Section 8 of this EULA.
- THIRTY (30) DAY EVALUATION (TRIAL) PERIOD.
4.1. If the obtained SOFTWARE PRODUCT is marked as TRIAL or EVALUATION the END USER may install one copy of the SOFTWARE PRODUCT for evaluation purposes only, for a period of 30 calendar days from the date of installation (hereinafter EVALUATION PERIOD), without paying the one-time license fee. Upon expiration of the EVALUATION PERIOD, the END USER must obtain appropriate license(s) described at point 3 and pay the one-time license fee specified by the COPYRIGHT HOLDER. Otherwise, the SOFTWARE PRODUCT must be uninstalled and all copies destroyed.
4.2. The END USER may not create applications or begin software projects using the SOFTWARE PRODUCT under the terms of the THIRTY (30) DAY EVALUATION (TRIAL) PERIOD.
4.3. The END USER may not redistribute any files included in the SOFTWARE PRODUCT distribution if using an EVALUATION or TRIAL version of the SOFTWARE PRODUCT.
5.1.The END USER may not reverse engineer, decompile, create derivative works or disassemble the SOFTWARE PRODUCT. If the SOFTWARE PRODUCT is purchased by the END USER with the intent to reverse engineer, decompile, create derivative works, or exploit and transfer without authorization any COPYRIGHT HOLDER’s intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any PRODUCT created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
5.2. The SOFTWARE PRODUCT is licensed as a single PRODUCT. The SOFTWARE PRODUCT and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by the END USER. The provision of source code, if included with the SOFTWARE PRODUCT, does not constitute the transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All COPYRIGHT HOLDER’s libraries, source code, redistributables and other files remain the COPYRIGHT HOLDER exclusive property. The END USER may not distribute any files, except those that the COPYRIGHT HOLDER has expressly designated as Redistributable.
5.3. The END USER may not rent, lease, or lend the SOFTWARE PRODUCT.
5.4. The END USER may not permanently or temporarily transfer any of END USER’s rights under this EULA to any individual or business or government entity without prior written approval from the COPYRIGHT HOLDER. Regardless of any modifications which The END USER makes and regardless of how the END USER might compile, link, and/or package END USER’s programs, under no circumstances may the libraries, Redistributables, and/or files included in the SOFTWARE PRODUCT (including any portions thereof) be used for developing programs by anyone other than the END USER. Only the END USER as the licensed user has the right to use the libraries, redistributables, or other files of the SOFTWARE PRODUCT (or any portions thereof) for developing programs created with the SOFTWARE PRODUCT. The END USER may not share copies of the Redistributables with other co-developers. The END USER may not reproduce or distribute any COPYRIGHT HOLDER’s documentation without the permission of the COPYRIGHT HOLDER.
6.1. The SOFTWARE PRODUCT may include certain files REDISTRIBUTABLE(s) intended for distribution by the END USER to the users of software applications which the END USER creates. Redistributables include, for example, those files identified in printed or online documentation as redistributable files or those files preselected for deployment by an install utility provided with the SOFTWARE PRODUCT (if any). In all circumstances, the REDISTRIBUTABLES for the SOFTWARE PRODUCT are only those files specifically designated as such by the COPYRIGHT HOLDER.
6.2. At no time may the END USER create any tool, REDISTRIBUTABLE, or product that directly or indirectly competes with the SOFTWARE PRODUCT by utilizing all or any portion of the COPYRIGHT HOLDER’s SOFTWARE PRODUCT.
6.3. Distribution by the END USER of any design-time tools (EXE or DLL), executables, and source code distributed to the END USER by the COPYRIGHT HOLDER as part of this SOFTWARE PRODUCT and not explicitly identified as a redistributable file is strictly prohibited. The END USER shall not develop software applications that provide an application programming interface (API) to the SOFTWARE PRODUCT or the SOFTWARE PRODUCT as modified.
6.4. The END USER may not distribute the SOFTWARE PRODUCT, in any format, to others for development or application compilation purposes.
6.5. If the END USER is an individual, business or government entity and is using the SOFTWARE PRODUCT and has purchased a 12-month subscription as described in Section 8 of this EULA, the END USER may reproduce and distribute copies of the REDISTRIBUTABLES, provided that such copies are made from the original copy of the REDISTRIBUTABLES included with the SOFTWARE PRODUCT or modified versions of the REDISTRIBUTABLES which are provided to the END USER by the COPYRIGHT HOLDER or those which the END USER creates. Copies of REDISTRIBUTABLES may only be distributed with and for the sole purpose of executing application programs permitted under this EULA that the END USER has created using the SOFTWARE PRODUCT.
6.6. The END USER may not redistribute any files in the SOFTWARE PRODUCT distribution if using an EVALUATION, TRIAL, Not for Resale, or demo version of the SOFTWARE PRODUCT.
6.7. A complete list of REDISTRIBUTABLES under this EULA is available upon request.
6.8. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions and therefore, the END USER must treat the SOFTWARE PRODUCT like any other copyrighted material except that the END USER may install and use the SOFTWARE PRODUCT as described in this EULA.
- OPEN SOURCE LIBRARIES
7.1. The following open source libraries are used and included within this SOFTWARE PRODUCT:
Copyright © 2012, jQuery Foundation and other contributors
The open source libraries included in the SOFTWARE DEVELOPMENT PRODUCT are done so pursuant to each individual open source library license and subject to the disclaimers and limitations of liability set forth in each open source library license.
- TWELVE (12) MONTH SUBSCRIPTION AND UPDATES
8.1. The COPYRIGHT HOLDER licenses the SOFTWARE PRODUCT on a subscription basis. A subscription lasts for a 12-month period from the date of purchase. The END USER will be eligible to receive all major and minor updates for the SOFTWARE PRODUCT during this 12-month period. Upon expiration of a subscription (12 months, plus 1 day after original purchase date), the END USER can optionally renew the SOFTWARE PRODUCT subscription for an additional 12-month period (and each subsequent year thereafter) in order to continue receiving major and minor updates of the SOFTWARE PRODUCT from the COPYRIGHT HOLDER.
8.2. The grace period for the SOFTWARE PRODUCT subscription renewal constitutes 1 (one) month after the subscription expiry date. If the END USER renews the SOFTWARE PRODUCT subscription within the grace period, the new subscription period starts on the date of the SOFTWARE PRODUCT subscription renewal. In case the END USER renews the subscription after the grace period, the new subscription period starts on the day following the SOFTWARE PRODUCT subscription expiry date.
8.3. If the SOFTWARE PRODUCT is labeled as an update, the END USER must be properly licensed to obtain the updated SOFTWARE PRODUCT. The SOFTWARE PRODUCT labeled as an update replaces and/or supplements the SOFTWARE PRODUCT that formed the basis for the END USER’s eligibility for the update, and together constitutes a single PRODUCT(S). The END USER may only use the updated PRODUCT(S) in accordance with all the terms of this EULA.
8.4. Prices for the 12-month SOFTWARE PRODUCT subscription and any subsequent renewal of the subscription are listed on Xafari pricing page and subject to change with or without notice.
8.5. REDISTRIBUTABLES referenced in this EULA are dependent upon the type of 12-month subscription purchased from the COPYRIGHT HOLDER.
8.6. The COPYRIGHT HOLDER reserves the right to discontinue the SOFTWARE PRODUCT or its constituents, at any time.
8.7. The COPYRIGHT HOLDER may provide the END USER with Support Services related to the SOFTWARE PRODUCT. The use of the Support Services is governed by the COPYRIGHT HOLDER policies and programs described in the user manual, in documentation and/or other materials provided by the COPYRIGHT HOLDER. Any supplemental SOFTWARE 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 EULA. With respect to technical information the END USER provides to the COPYRIGHT HOLDER as part of the Support Services, the COPYRIGHT HOLDER may use such information for its business purposes, including for the SOFTWARE PRODUCT support and development.
- DISCLAIMER OF WARRANTY
9.1. The COPYRIGHT HOLDER expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided AS IS without warranty of any kind, either express or implied, including, without limitation the implied warranties of merchantability, fitness for a particular purpose, or non infringement. The COPYRIGHT HOLDER does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the SOFTWARE PRODUCT in terms correctness, accuracy, reliability, or otherwise. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with the END USER. No oral or written information or advice given by the COPYRIGHT HOLDER or its employees shall create a warranty or in any way increase the scope of this warranty.
- LIMITATIONS ON LIABILITY
10.1. To the maximum extent permitted by applicable law, in no event shall the COPYRIGHT HOLDER 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 the COPYRIGHT HOLDER has been advised of the possibility of such damages.
10.2. The END USER understands that the SOFTWARE PRODUCT may produce inaccurate results because of a failure or fault within the SOFTWARE PRODUCT or failure by the END USER to properly use and or deploy the SOFTWARE PRODUCT. The END USER assumes full and sole responsibility for any use of the SOFTWARE PRODUCT and bears the entire risk for failures or faults within the SOFTWARE PRODUCT. The END USER agrees that regardless of the cause of failure or fault or the form of any claim, the END USER’s sole remedy, and sole obligation of the COPYRIGHT HOLDER, shall be governed by this EULA, and in no event the liability of the COPYRIGHT HOLDER exceed the price paid to the COPYRIGHT HOLDER for the SOFTWARE PRODUCT.This Limited Warranty is void if the failure of the SOFTWARE PRODUCT has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE PRODUCT.
11.1. The END USER hereby agrees to indemnify the COPYRIGHT HOLDER and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this EULA by the END USER or any claims based on the Applications and the SOFTWARE PRODUCT.
- TERMINATION OF THE AGREEMENT
12.1. Without prejudice to any other rights, the COPYRIGHT HOLDER may terminate this EULA if the END USER fails to comply with the all terms and conditions of this EULA. In such event, the END USER must destroy all copies of the SOFTWARE DEVELOPMENT PRODUCT and all of its component parts including any related documentation, and must remove any and all use of the COPYRIGHT HOLDER’s intellectual property from any applications distributed by the END USER, whether in native, altered or compiled states.
- LICENSE VALIDITY
13.1.This EULA is valid only if the PRODUCT is a work that uses the SOFTWARE PRODUCT, and doesn’t go in competition with the SOFTWARE PRODUCT in the marketplace. Whenever this license loses its validity, the GPL license takes its place.
- RESERVATION OF RIGHTS AND OWNERSHIP
14.1. The COPYRIGHT HOLDER reserves all rights not expressly granted to the END USER in this EULA. The SOFTWARE PRODUCT is protected by copyright and other intellectual property laws and treaties. The COPYRIGHT HOLDER owns the title, copyright, and other intellectual property rights in the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed, not sold. This EULA does not grant the END USER any rights to trademarks or service the SOFTWARE PRODUCT marks.
15.1. The SOFTWARE PRODUCT can be used only together with DevExpress products. No right of use or license is granted for DevExpress products. The END USER must obtain and follow the appropriate licensing terms and right of use set forth by the vendor at website
15.2. After purchasing the SOFTWARE PRODUCT the COPYRIGHT HOLDER will send the END USER a letter on the END USER’s e-mail address with a request to provide the END USER’s DevExpress Customer ID or Order ID. The END USER must provide the COPYRIGHT HOLDER with the END USER’s DevExpress Customer ID or Order ID within 14 days after receiving e-mail request. This information will be transferred to DevExpress company for verification.
15.3. As the END USER has a right for THIRTY DAY EVALUATION PERIOD of the SOFTWARE PRODUCT as described in section 4 of this EULA, and as the SOFTWARE PRODUCT and any related documentation is provided AS IS without warranty of any kind as described in section 9 of this EULA, after purchasing the SOFTWARE PRODUCT the COPYRIGHT HOLDER does not grant the END USER any refunds for any reason.
15.4. No right of use or license is granted for the Maps available in the SOFTWARE PRODUCT. The END USER must obtain and follow the appropriate licensing terms and right of use set forth by each map provider.
15.6. If using OpenStreetMap Tiles, the END USER must read and understand the OpenStreetMaps Tile Usage Policy. Read the OpenStreetMap Tile Policy.
15.8. This EULA shall be construed, interpreted and governed by the laws of The Republic of Belarus. This EULA gives the END USER specific legal rights; the END USER may have others that vary from country to country.
15.9. The COPYRIGHT HOLDER reserves the right to modify this EULA at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If the COPYRIGHT HOLDER makes material changes to this EULA, the COPYRIGHT HOLDER will send the END USER an email with a notification that it has been updated, so that the END USER is aware of what information the COPYRIGHT HOLDER collects, how the COPYRIGHT HOLDER uses it, and under what circumstances. The END USER will be able to receive the notification by email unless the END USER agrees the COPYRIGHT HOLDER to contact the END USER.
All trademarks and registered trademarks are the property of their respective owners.
Should you have any questions concerning this EULA, contact the COPYRIGHT HOLDER at email@example.com.