VERY IMPORTANT - READ CAREFULLY: This Infragistics Software License Agreement (hereinafter,
this "LICENSE") is a legal agreement between you (either an
individual or a single entity) and Infragistics, Inc. ("Infragistics"),
for the software containing this LICENSE or products identified on the disk or
CD-ROM enclosed with the package which contain computer software and associated
media and printed materials, and may include "on-line" or electronic
documentation (the "SOFTWARE") and for which the CD-Key(s) are either
provided on the back of the enclosed CD case or obtained through Infragistics
or its authorized distributor.
PATENTS PENDING. The following
products are covered by one or more pending patents: NetAdvantage® Ultimate,
NetAdvantage for .NET, NetAdvantage for ASP.NET, NetAdvantage for Windows
Forms, NetAdvantage for WPF Line of Business, NetAdvantage for WPF Data
Visualization, NetAdvantage for Silverlight Line of Business, NetAdvantage for
Silverlight Data Visualization, NetAdvantage AppStylist® for ASP.NET, and
NetAdvantage AppStylist for Windows Forms.
Note: To the best of our knowledge, Microsoft® doesn't forbid
third-party companies from developing a product for the XPS document
generation. However, according to the XML Paper Specification Patent License,
we need to provide the following notice for your information:
This product may incorporate
intellectual property owned by Microsoft Corporation. The terms and conditions
upon which Microsoft is licensing such intellectual property can be found at http://www.microsoft.com/whdc/XPS/XpsLicense.mspx.
When using the Microsoft Office 2007
UI capabilities provided as part of NetAdvantage® Ultimate, NetAdvantage for
.NET, NetAdvantage for Windows Forms, NetAdvantage for WPF Line of Business or
NetAdvantage for Silverlight Line of Business, be aware that THIS LICENSE
GRANTS YOU NO RIGHTS TO THE MICROSOFT OFFICE 2007 UI. MORE INFORMATION IS
AVAILABLE AT http://msdn.microsoft.com/officeui.
IT IS NECESSARY FOR YOU TO AGREE TO
BE BOUND BY THE TERMS OF THIS LICENSE BEFORE YOU ARE PERMITTED TO CONTINUE TO
INSTALL THE SOFTWARE. BY SELECTING THE "I ACCEPT" RADIO
BUTTON, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE
TO BE BOUND BY THE TERMS OF THIS LICENSE INCLUDING THE WARRANTY DISCLAIMERS,
LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS.
If you do not agree to the terms of
this LICENSE click the "CANCEL" icon to EXIT NOW. The
installation process will be terminated. You will be entitled to a full refund
of the amount paid for the SOFTWARE provided you return the unused SOFTWARE to
the place from which you obtained it within thirty (30) days of the date of
purchase.
I. OWNERSHIP; LICENSE GRANT.
This is a license agreement and NOT
an agreement for sale. Infragistics continues to own the copy of the SOFTWARE
contained on the disk or CD-ROM and all copies thereof. Your rights to the
SOFTWARE are specified in this LICENSE, and Infragistics retains all rights not
expressly granted to you in this LICENSE. Infragistics hereby grants to you,
and you accept, a non-exclusive, non-transferable license to use, copy and
modify the SOFTWARE only as authorized below.
II. PERMITTED USES.
This LICENSE grants you the
following rights:
A.
The SOFTWARE is licensed per individual developer. You may make copies on more
than one computer, as long as the use of the SOFTWARE is by the same developer.
If you have purchased a "multi-pack" license, you may use a copy of
the SOFTWARE identified in the multi-pack on the number of computers associated
with the multi-pack (e.g., a five user multi-pack allows you to use the
SOFTWARE on up to five computers concurrently or by five different developers,
the ten user multi-pack on up to ten computers concurrently or by ten different
developers). The SOFTWARE is in "use" on a computer when it is loaded
into temporary memory (e.g., RAM) or installed into permanent memory (e.g.,
hard disk, CD-ROM, or other storage devise) of that computer. However, installation
on a network server for the sole purpose of internal distribution to one or
more other computer(s) shall not constitute "use" for which a
separate license is required, provided you have a separate license for each
computer to which the SOFTWARE is distributed.
B.
Solely with respect to electronic documents included with the SOFTWARE, you may
make a copy (either in hardcopy or electronic form) for each developer for
which the Software has been licensed as described in Section II.A, above; provided,
that such copies shall be used only by such developer for internal purposes and
are not to be republished or distributed to any other third party or developer.
C.
You may use the trial versions and product tours, as described on the CD-ROM,
of the SOFTWARE included on the CD-ROM only for the limited purposes of
demonstrations, trials and design time evaluations and running a product tour.
III. PROHIBITED USES.
You may not, without the prior
written permission of Infragistics:
A.
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.
B.
Use, copy, modify, or merge copies of the SOFTWARE and any accompanying
documents except as permitted in this LICENSE.
C.
Transfer, rent, lease, or sublicense the SOFTWARE.
D.
Distribute the SOFTWARE in a run-time in the context of the Forms Designer Host
(including usage of SOFTWARE in context of System.ComponentModel.Design.DesignSurface,
System.ComponentModel.Design.IDesignerHost and
System.ComponentModel.Design.DocumentDesigner).
E.
Separate the software programs comprising the SOFTWARE for use by more than one
user at a time.
F.
Distributing the application NetAdvantage AppStylist.
IV. SOURCE CODE.
A.
Provided you have purchased a license to the source code, 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
IV.
While Infragistics does not claim
any ownership rights in applications, frameworks or components developed using
the SOFTWARE, in the event you develop any modifications, enhancements,
derivative works and/or extensions to the licensed source code, either
independently or jointly with Infragistics, such modifications, enhancements,
derivative works and/or extensions and all rights associated therewith will be
the exclusive property of Infragistics. 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
Infragistics. You also agree to execute, acknowledge and deliver to
Infragistics all documents and do all things Infragistics deems necessary or
desirable, at no cost to you but at Infragistics expense, to enable
Infragistics 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.
V. REDISTRIBUTABLE COMPONENTS.
A.
In addition to the license and rights granted in Sections I and II,
Infragistics grants you the right to use the presentation layer framework
portion of the SOFTWARE which is either on disk, CD-ROM or electronic format
(collectively "PLF") provided:
B.
In addition to the license and rights granted in Sections I and II,
Infragistics grants you a nonexclusive, royalty-free right to reproduce and
distribute the object code version of those portions of the SOFTWARE designated
in the SOFTWARE as (i) those portions of the SOFTWARE which are identified in
the documentation as the VBX ("VBX") and/or OCX ("OCX") Controls
and/or DLL Controls and/or class files and/or jar files; (ii) those portions of
the SOFTWARE which are identified in the documentation as REDISTRIBUTABLE DLLs
("DLLs") (collectively the "REDISTRIBUTABLES"); provided:
C.
In addition to the other requirements set forth in this Section V, you hereby
agree to indemnify, hold harmless, and defend Infragistics from and against any
and all liabilities, damages, losses, costs and expenses (including reasonable
attorneys' fees) arising from or related to any claim, action, proceeding or
allegation that arises or results, either directly or indirectly, from the use
and distribution of any of your software application product(s) or components.
VI. U.S. EXPORT REGULATIONS.
U.S. law prohibits Infragistics, its
Licensees and resellers from exporting its products to, or supporting customers
or resellers in, certain countries. For specific questions regarding export
regulations and a list of specific countries on the U.S. embargo list, please
visit the Bureau of Industry and Security web site at http://www.bis.doc.gov
As a condition of the grant of this
license or other right by Infragistics in its products to Licensee or Reseller,
Licensee and/ or reseller agrees that it will not to export or re-export any
Infragistics-origin software, instruction manuals, technical information, or
data or any direct products of such software, instruction manuals, technical
information, or data, either directly or indirectly, to any country or
countries where such export or re-export would violate U.S. export control laws
or regulations without first obtaining any required export license or other
U.S. government approval.
VII. OSM MAP DATA USAGE.
All OSM Map Data is licensed for use
under and subject to the terms of the Creative Commons Attribution 2.0 License
("CC-BY-SA 2.0 License") found at http://creativecommons.org/licenses/by/2.0/. BEFORE USING THE OSM DATA IN CONJUNCTION WITH YOUR
APPLICATION, YOU SHOULD CAREFULLY READ AND UNDERSTAND THE CC-BY-SA 2.0
LICENSE.”
VIII. ACADEMIC LICENSE ELIGIBILITY
REQUIREMENTS.
Infragistics, Inc. offers qualified
Educational Institutions or Organizations and eligible Academic End Users the
ability to buy educational licenses of Infragistics products for educational
instruction purposes. Educational versions of Infragistics 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 Infragistics Education Program, e-mail us at: academics@infragistics.com.
IX. COPYRIGHT.
All title and copyrights in and to
the SOFTWARE (including but not limited to any images, photographs, animation,
video, audio, music, text and "applets" incorporated into the
SOFTWARE) and the accompanying printed materials are owned by Infragistics or
its suppliers. The SOFTWARE is protected by United States copyright laws and
international treaty provisions. All rights are reserved worldwide. You must
treat the SOFTWARE like any other copyrighted material, except that you may, in
addition to the copies permitted in this LICENSE, make one copy of the SOFTWARE
solely for backup or archival purposes. No part of the accompanying printed
materials may be reproduced, transmitted, transcribed, stored in any retrieval
system, or translated into any language by any means without the express prior
written permission of Infragistics.
X. TERMINATION.
This LICENSE and your right to use
the SOFTWARE will terminate immediately without notice from Infragistics if you
fail to comply with the terms and conditions of this LICENSE. Upon termination,
you agree to destroy the SOFTWARE, including all accompanying documents and
copies. This is in addition to and not in lieu of any criminal, civil or other
remedies available to Infragistics. Infragistics credit policy will apply.
Infragistics credit policy is available upon request.
XI. CONFIDENTIALITY.
You acknowledge that the SOFTWARE
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 Infragistics. You agree to maintain in confidence the
Infragistics Source Code (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
Infragistics Source Code (in source code form), 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 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 Infragistics' information, or approved in writing
for release by Infragistics without restriction.
XII. 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. Manufacturer is Infragistics, Inc., 2
Commerce Drive, Cranbury, NJ 08512.
XIII. LIMITED WARRANTY.
A.
Except with respect to REDISTRIBUTABLES and source code, which are provided
"AS IS," without warranty of any kind, Infragistics warrants
that the SOFTWARE will perform substantially in accordance with the
accompanying materials for a period of thirty (30) days from the date of
receipt. Infragistics does not warranty that the SOFTWARE will be error-free.
SOURCE CODE IS LICENSED "AS IS". INFRAGISTICS DOES NOT PROVIDE
ANY TECHNICAL SUPPORT FOR SOURCE CODE.
B.
Infragistics' and its suppliers' entire liability, in contract, tort or
otherwise, and your exclusive remedy under the performance warranty set forth
in Section XI.A, shall be, at Infragistics' option, either (a) return of the
purchase price paid, or (b) repair or replacement of the defective SOFTWARE.
SOFTWARE purchased other than directly from Infragistics shall be returned to
the place it was purchased. This limited warranty is void if failure of the
SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement
SOFTWARE will be warranted for the remainder of the original thirty (30) day
period.
C.
EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION XI, INFRAGISTICS AND ITS
SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR
TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY,
COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE.
XIV. LIMITATION OF LIABILITIES.
Infragistics' liability, whether in
contract, tort, or otherwise, arising out of Licensee's use of, or in
connection with, the SOFTWARE, or otherwise under this Agreement, shall not
exceed the amount of the license fee paid by you to Infragistics. IN NO EVENT
SHALL INFRAGISTICS 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, EVEN IF INFRAGISTICS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Some states and jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental
damages, or the exclusion of implied warranties or limitations on how long a
warranty may last, so the limitations in Sections XI and XII may not apply to
you.
XV. THIRD PARTY COMPONENTS.
A.
The SOFTWARE may include certain third party components (“MS-PL Components”)
licensed under the Microsoft Permissive License (“MS-PL”). A list of included
MS-PL Components and their respective licenses shall be provided upon request.
B.
To the extent required by the MS-PL, the terms of such license will apply in
lieu of the terms of this Agreement, and Infragistics, Inc. hereby represents
and warrants that the license granted to such MS-PL Components will be no less
broad than the license granted in this Agreement. To the extent the terms of
the license applicable to MS-PL Components prohibit any of the restrictions in
this agreement with respect to such MS-PL Components, such restrictions will
not apply to such MS-PL Components.
C.
The MS-PL Components are provided “as is” by the third party licensors who
disclaim all liabilities, damages, (even if they have been advised of the
possibility of such damages), warranties, indemnities and other obligations of
any kind, express or implied, with regard to the MS-PL Components. The MS-PL
Components are excluded from any indemnity provided by Infragistics Inc. in
this license. Nothing in the foregoing affects any performance warranty provided
by Infragistics Inc. with regard to the SOFTWARE as a whole.
XVI. MISCELLANEOUS.
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. You agree that you will not
export or re-export the Software without the appropriate United States or
foreign government licenses. This LICENSE is governed by the laws of the State
of New Jersey as applied to agreements entered into and to be performed
entirely within New Jersey. This is the entire agreement between you and
Infragistics which supersedes any prior agreement, whether written or oral,
relating to this subject matter.