END-USER LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you ("Developer End User") and Ribor for all ASP.NET Awesome products, controls, source code, demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE COMPONENT PRODUCT(S)") contained in this installation package.
By installing, copying, or otherwise using the SOFTWARE COMPONENT PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE COMPONENT PRODUCT(S).
All SOFTWARE COMPONENT PRODUCT(S) is licensed, not sold.
1. GRANT OF LICENSE
1.1 Community License (Free Tier)
Subject to the terms of this EULA, Ribor grants you a free, personal, non-exclusive, non-transferable license to install and use the SOFTWARE COMPONENT PRODUCT(S) for the sole purposes of designing, developing, testing, and deploying application programs which you create, provided that you meet all of the following eligibility criteria at all times:
(a) You are either:
(i) an individual developer, or
(ii) an organization with five (5) or fewer developers who use the SOFTWARE COMPONENT PRODUCT(S) (when combined with all Affiliates);
AND
(b) Your annual gross revenue (if an individual) or the combined annual gross revenue of your organization and all of its Affiliates is less than One Million United States Dollars (USD $1,000,000) or the equivalent in any other currency.
For purposes of this EULA, an "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with your organization. "Control" means ownership of more than fifty percent (50%) of the voting stock, equity interest, or beneficial interest in such entity.
No registration, license key, or contact with Ribor is required to use the Community License. Installation and use of the SOFTWARE COMPONENT PRODUCT(S) constitutes acceptance of this EULA and of the Community License, provided the eligibility criteria above are met.
The Community License continues only for so long as you continue to meet the eligibility criteria. If at any time you no longer meet the criteria (for example, your organization (combined with its Affiliates) exceeds five developers who use the product, or annual gross revenue reaches or exceeds USD $1,000,000), the Community License automatically terminates and you must either:
- immediately cease all use of the SOFTWARE COMPONENT PRODUCT(S), or
- acquire a Commercial License from Ribor or its authorized resellers.
You are solely responsible for determining and monitoring your eligibility. Misrepresentation of eligibility constitutes a material breach of this EULA.
1.2 Commercial License
If you do not qualify for the Community License under Section 1.1, you must acquire a Commercial License. Ribor grants to you as an individual, a personal, nonexclusive license to install and use the SOFTWARE COMPONENT PRODUCT(S) for the sole purposes of designing, developing, testing, and deploying application programs which you create, only after you have properly acquired a Commercial License from Ribor or its authorized resellers.
If you are an entity, you must acquire an individual Commercial License for each Developer End User within your organization from Ribor or its authorized resellers.
1.3 Trial / Evaluation
If the SOFTWARE COMPONENT PRODUCT(S) you have obtained is marked as a "TRIAL" or "EVALUATION," you may install one copy of the SOFTWARE COMPONENT PRODUCT(S) for testing purposes only. Upon expiration of the Evaluation Period, the SOFTWARE COMPONENT PRODUCT(S) must be uninstalled and all copies destroyed unless you have obtained a Community License or Commercial License.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
You may not reverse engineer, decompile, create derivative works, translate, or disassemble the SOFTWARE COMPONENT PRODUCT(S), and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE COMPONENT PRODUCT(S) or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.
3. RENTAL
You may not rent, lease, or lend the SOFTWARE COMPONENT PRODUCT(S).
4. TRANSFER
You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or entity. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or other files of the SOFTWARE COMPONENT PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed Developer End User have the right to use the libraries, redistributables, or other files of the SOFTWARE COMPONENT PRODUCT(S) (or any portions thereof) for developing programs created with the SOFTWARE COMPONENT PRODUCT(S). In particular, you may not share copies of the Redistributables with other co-developers who are not themselves licensed under this EULA.
5. ROYALTY FREE REDISTRIBUTION
Subject to all of the terms and conditions in this EULA, you 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 COMPONENT PRODUCT(S) or modified versions of the Redistributables which are provided to you by Ribor. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this EULA that you have created using the SOFTWARE COMPONENT PRODUCT(S).
REDISTRIBUTABLES are considered the dll and js files included.
AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR SOFTWARE COMPONENT PRODUCT(S) THAT DIRECTLY OR INDIRECTLY COMPETES WITH ASP.NET AWESOME SOFTWARE COMPONENT PRODUCT(S) WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) contained within this installation.
Distribution by the Developer End User of any libraries, scripts (DLL's, JS's), executables, and source code distributed to Developer End User as part of this SOFTWARE COMPONENT PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The Developer End User shall not develop software applications that provide an application programming interface to the SOFTWARE COMPONENT PRODUCT(S) or the SOFTWARE COMPONENT PRODUCT(S) as modified.
The Developer End User may NOT distribute the SOFTWARE COMPONENT PRODUCT(S), in any format, to other users for development or application compilation purposes. Specifically, if Developer End User creates a control using the SOFTWARE COMPONENT PRODUCT(S) as a constituent control, Developer End User may NOT distribute the control created with the SOFTWARE COMPONENT PRODUCT(S) (in any format) to users to be used at design time and or for ANY development purposes.
Developer End User MAY NOT REDISTRIBUTE any SOFTWARE COMPONENT PRODUCT(s) files if using an evaluation, trial, Not for Resale, or demo version of the SOFTWARE COMPONENT PRODUCT(s).
6. UPGRADES
If the SOFTWARE COMPONENT PRODUCT(S) is labeled as an upgrade, you must be properly licensed to use the SOFTWARE COMPONENT PRODUCT(S) identified by Ribor as being eligible for the upgrade in order to use the SOFTWARE COMPONENT PRODUCT(S). A SOFTWARE COMPONENT PRODUCT(S) labeled as an upgrade replaces and/or supplements the SOFTWARE COMPONENT PRODUCT(S) that formed the basis for your eligibility for the upgrade, and together constitutes a single PRODUCT(S). You may use the resulting upgraded PRODUCT(S) only in accordance with all the terms of this EULA.
7. COPYRIGHT
All title and copyrights in and to the SOFTWARE COMPONENT PRODUCT(S) (including but not limited to any copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE COMPONENT PRODUCT(S) the accompanying printed materials, and any copies of the SOFTWARE COMPONENT PRODUCT(S)) are owned by Ribor or its subsidiaries. The SOFTWARE COMPONENT PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE COMPONENT PRODUCT(S) like any other copyrighted material except that you may install the SOFTWARE COMPONENT PRODUCT(S) as described in this EULA.
8. DUAL-MEDIA SOFTWARE COMPONENT PRODUCT(S)
You may receive the SOFTWARE COMPONENT PRODUCT(S) in more than one medium. Regardless of the medium, you may use only one medium that is appropriate for your single computer. You may not loan, sell, rent, lease, or otherwise transfer in any manner the other medium to another user or entity.
9. U.S. GOVERNMENT RESTRICTED RIGHTS
Any SOFTWARE and documentation which is provided to the United States of America, its agencies and/or the U.S. Government ("the Government") is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in 48 C.F.R. 2.101 (October 1995), consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation" as such terms are used in 48 C.F.R. 12.212 (September 1995) and in FAR Sections 52-227-14 and 52-227-19 or DFARS Section 52.227-7013 (C)(1)(ii), or their successors, as applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7204-4 (June 1995), or any successor regulations, this Software is provided to Government users pursuant to the terms and conditions herein.
10. DISCLAIMER OF WARRANTY
RIBOR expressly disclaims any warranty for the SOFTWARE COMPONENT PRODUCT(S). THE SOFTWARE COMPONENT PRODUCT(S) 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 NONINFRINGEMENT. RIBOR DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE COMPONENT PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE COMPONENT PRODUCT(S) REMAINS WITH YOU. No oral or written information or advice given by RIBOR or its employees shall create a warranty or in any way increase the scope of this warranty.
11. LIMITATIONS ON LIABILITY
To the maximum extent permitted by applicable law, in no event shall RIBOR 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 COMPONENT PRODUCT(S) or the provision of or failure to provide Support Services, even if RIBOR has been advised of the possibility of such damages.
Developer End User understands that the SOFTWARE COMPONENT PRODUCT(S) may produce inaccurate results because of a failure or fault within the SOFTWARE COMPONENT PRODUCT(S) or failure by Developer End User to properly use and or deploy the SOFTWARE COMPONENT PRODUCT(S). Developer End User assumes full and sole responsibility for any use of the SOFTWARE COMPONENT PRODUCT(S), and bears the entire risk for failures or faults within the SOFTWARE COMPONENT PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND RIBOR'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL RIBOR'S LIABILITY EXCEED THE PRICE PAID TO RIBOR FOR THE SOFTWARE COMPONENT PRODUCT(S) (or zero if you are using the Community License). This Limited Warranty is void if failure of the SOFTWARE COMPONENT PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE COMPONENT PRODUCT(S).
12. INDEMNIFICATION
You hereby agree to indemnify Ribor and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorneys 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 Agreement by you or any claims based on the Applications and the SOFTWARE COMPONENT PRODUCT(S) included herein.
13. TERMINATION
Without prejudice to any other rights or remedies, Ribor will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE COMPONENT PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE COMPONENT PRODUCT(S) developed by you, whether in native, altered or compiled state.
The Community License under Section 1.1 also terminates automatically if you cease to meet the eligibility criteria.
14. MISCELLANEOUS
In the event of invalidity of any provision of this EULA, the parties agree that such invalidity shall not affect the validity of the remaining portions.
RIBOR reserves all rights not specifically granted in this EULA.
ACKNOWLEDGEMENTS. Developer End User acknowledges that he or she has read this Agreement, understands it, and agrees to be bound by its terms and conditions.