Janus Systems Controls for Microsoft .NET License Agreement

Janus Systems SA. grants you a nonexclusive, nontransferable, license to use the Software solely for the purpose of beta testing and evaluating the software and not for general production use or for further redistribution of your applications containing the software to end users.

You agree that upon the request of Janus Systems SA., you shall make your best efforts to provide Janus Systems SA. with comments, suggestions and impressions of the software. 

Janus Systems SA. shall have the right to terminate this Beta Program at any time and without any previous notification. Upon termination of the Beta Program, or upon expiration of the software, you must destroy the software and all documents and materials you have received from Janus Systems SA. that are in direct relation with this Beta program and you must remove any elements of the software from any hard drives on which the software has been installed. 

You hereby acknowledge: (i) that the software is a work in process and may contain bugs which may cause loss of data; (ii) that you have backed-up your hard-drive prior to installation of the software; (iii) that you have the resources necessary to reinstall your operating system and restore any and all lost data; (iv) that Janus Systems SA. shall not be liable in any way for the loss or damage to information stored on your computer; and (v) Janus Systems SA. reserves the right, in its sole discretion, to delete or modify any feature mentioned or supported by the software for any reason at any time during the duration of the beta period. You understand and acknowledge that any application that you create with the software is created at your own risk and that Janus Systems SA. is not liable or responsible for any disruption including, but not limited to server disruptions, server crashes, software or hardware failures or any other event which may cause a loss of data or development time.

READ CAREFULLY BEFORE INSTALLING THE SOFTWARE.

By installing the Janus Systems Controls for Microsoft .NET software. (hereinafter "the Software" or "Software") , you are accepting the following License Agreement. 

LICENSE AGREEMENT. This is a legal agreement between you (either an individual or an entity) and Janus Systems SA. By installing the software you are agreeing to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, promptly return the uninstalled software to the place you purchased it for a full refund.  

1. GRANT OF LICENSE. Janus Systems SA. grants to you as an individual or entity a non-exclusive license to make and use copies of the SOFTWARE in the manner provided below. The rights granted under this Agreement are only effective upon payment of license fees and possession of the appropriate License Agreement (if applicable). The software is licensed, not sold.

(a) Installation. The software contains portions known as "Design-time Components" that provide development facilities to be used with Visual Studio .NET and other development environments. Also, "Production Server Components" might be provided to enable services on a computer called a server, and finally "Redistributable Code" allows client computers or workstations to access or utilize the services provided by the software. This license agreement grants you one (1) license of the software portions known as "Design-time" and "Production Server" components. You may use the "Redistributable Code" portions on any computer or workstation subject to the Distribution Requirements described in Section 4.

(b) Use of Design-time Components.  The "Design-time Components" are licensed on a per seat basis. Per-seat licenses are licenses that are counted by all the machines on which any "Designer Component" will reside on. To use a per-seat license, every machine installing, running and/or using the software for development purposes must have a licensed copy and its appropriate license. A development seat license is required for each additional computer on which you will be installing and running any of the "Design-time Components". "Design-time Components" might be accompanied by a server portion labeled and licensed as a "Test/Development Server", you may use the "Test/Development Server" software for the sole purpose of designing, developing and testing your product(s). "Test/Development Server Components" have been designed to operate in conjunction with the "Design-Time Components" and must not be used as a separate component.

2. COPYRIGHT. The SOFTWARE is owned by Janus Systems SA. and is protected by International copyright laws and International treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material (e.g. a book or a musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes; (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes or (d) you may store or install a copy of the Software on a storage device, such as a network server, used only to install or run the Software on other computers over an internal network; however, you must acquire and dedicate a License for each separate computer on which the Software is installed or run from the storage device. A License for the Software may not be shared or used concurrently on different computers. You may not make multiples copies of SOFTWARE or the written materials accompanying the SOFTWARE. 

3. REDISTRIBUTABLE CODE. Portions of the software are designated as "Redistributable Code". The Software documentation describes the files and Redistributable rights associated with each file of the Redistributable Code, subject to the "Distribution Requirements" described below. You are also encouraged to contact Janus Systems SA. Before deployment for more information on your specific redistribution rights. Contact information can be obtained on the company’s web site at www.janusys.com.

4. DISTRIBUTION REQUIREMENTS. You have a royalty-free right to distribute the SOFTWARE "Redistributable Code" only if: 

(a) You distribute only the portions of the SOFTWARE designated as "Redistributable Code". 
(b) You use and distribute the "Redistributable Code " only in conjunction with the binary files that make use of them as a part of your software product.
(c) Your product(s) and application(s) must add significant and primary functionality to the SOFTWARE "Redistributable Code";
(d) You do not expose, document or make public the SOFTWARE API (Application Programming Interface);
(e) Your end users are not allowed to use the SOFTWARE for development purposes or further redistribution and deployment of the "Redistributable Code".
(f) You do not wrap or distribute the SOFTWARE in a component that can be used for development purposes on any application, tool, environment or container.
(g) You do not reverse engineer copy, duplicate or distribute the license schema that is needed to use the SOFTWARE in a design, development or runtime environment.
(h) You do not disassemble, decompile or reverse engineer the SOFTWARE or any portions of it;
(i) You do not use the name: Janus Systems or Janus Product names, logos or Trademarks to market your software product;
(j)  You agree to indemnify, hold harmless, and defend Janus Systems SA. and its suppliers 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 product.

If any of the conditions set forth in paragraphs above are breached, such breach shall constitute an unlawful use of the SOFTWARE, and you shall be prosecuted to the full extent of the law. Furthermore, you shall be liable to Janus Systems SA. for all damages caused by such breach and unlawful use of the software, including attorney's fees and costs incurred in any action, lawsuit or claim brought or filed to redress the breach of this agreement.

5. UPGRADES. If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Janus Systems as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements the product that formed the basis for your eligibility for the upgrade.  You may use the resulting upgrading product only in accordance with the terms of this License 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 package and may not be separated for use in more than one computer.

6. LIMITED WARRANTY. Janus Systems SA. warrants that (a) the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days. and (b) any hardware accompanying the SOFTWARE will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of receipt. Any implied warranties on the SOFTWARE and hardware are limited to ninety (90) days and one (1) year respectively. Some states/jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you. This limited warranty gives you specific legal rights. You may have others which vary from state/jurisdiction to state/jurisdiction. 

NO OTHER WARRANTIES. there are no other warranties to the maximum extent permitted by applicable law. Janus Systems SA. and its suppliers disclaim all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with regard to the SOFTWARE and the accompanying materials. 

NO LIABILITIES FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. To the maximum extent permitted by law, in no event shall Janus Systems SA. or its suppliers be liable for any damages whatsoever (including without limitations, 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 this Janus Systems SA. product, even if Janus Systems SA. has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. 

U.S. GOVERNMENT RESTRICTED RIGHTS 
The SOFTWARE and written materials are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Janus Systems SA. 

This Agreement is governed by the laws of the Republic of Panama.