GrapeCity License Agreement and Limited Warranty
Please read carefully before installing this software package. Your installation of the package indicates your acceptance of the terms and conditions of this license agreement. Contact GrapeCity, inc. if you have any questions about this license.
The Product (libraries and object code, and all updates and enhancements thereto that may be released at GrapeCity, inc.’s sole discretion) is proprietary to GrapeCity, inc. and is protected by Federal Copyright Law. GrapeCity retains the title to and ownership of the Product.
If the Product you have obtained is marked as a "TRIAL" or "EVALUATION," you may install one copy of the Product(s) for evaluation purposes for a period of days from the date of installation ("Evaluation Period"). Upon expiration of the Evaluation Period, the Product(s) will cease to function. The Trial version of this product must not be used in Licensee’s business applications.
You are licensed to use this Product on the following terms and conditions:
1. GRANT OF LICENSE:
1a. SITE LICENSE. If you purchased a Site License (“Site License”) version of this product: This Product is licensed per “Site”. A “Site License” is defined for all developers at a single physical location (physical mailing address). Licensee is defined as the person or entity that pays consideration for the license to use the Product. GrapeCity, inc. hereby grants the Licensee a nonexclusive License authorizing all developers at a single physical location (one mailing address) to use the Product for development purposes. The use of this License does not create any kind of partnership or joint ownership interest in the Product. Licensee may incorporate the sample code into Licensee's applications. Use of this product at more than one physical location (physical mailing address) at a time terminates, without notification, this License and the right to use the Product. Licensee may not network the Product or otherwise use it on more than one physical location (physical mailing address) at the same time unless Licensee has an appropriate license. Please contact GrapeCity, inc. if you require additional Site Licenses.
1b. DEVELOPER LICENSE. If you purchased a “Developer License” of this product: The Product is licensed per software application developer ("developer"). Licensee is defined as the person or entity that pays consideration for the license to use the Product. GrapeCity, inc. hereby grants the Licensee a nonexclusive License authorizing one, and only one, developer at a time to use the Product for development purposes. The use of this License does not create any kind of partnership or joint ownership interest in the Product. Licensee may incorporate the sample code into Licensee's applications. Use of this product by more than one developer at a time terminates, without notification, this License and the right to use the Product. Licensee may not network the Product or otherwise use it on more than one computer terminal at the same time unless Licensee has an appropriate server license. Please contact GrapeCity, inc. if you require additional Licenses.
1c. SOURCE CODE LICENSE. If you purchased the source code (“Source Code”) license of this product: The “Source Code” is licensed per developer. The “Source Code” can reside on that developer's desktop/work computer and/or that developer's notebook computer. The “Source Code” may not reside in a developer's shared folder(s) or on a network storage device.
ADDITIONAL RESTRICTIONS RELATING TO SOURCE CODE
– In addition to the restrictions set forth above, Licensee may use the Product source code (“Source Code”) subject to the following limitations:
- The Source Code is provided to Licensee for the sole purposes of education and troubleshooting related to the use and integration of the Product. The Source Code cannot be used as a basis of development of derivative works or other software products or applications.
- Under no circumstances may any portion of the Source Code or any modified version of the Source Code be distributed, disclosed or otherwise made available to any third party.
- GrapeCity, inc. will not provide any support for the Source Code, beyond the initial setup and compilation process.
- Licensee hereby grant to GrapeCity, inc., a worldwide, irrevocable, perpetual, fully paid–up, unlimited license under any and all intellectual property rights Licensee may have in any modifications to the Source Code made by Licensee, to use, disclose, modify, reproduce, license, sublicense, distribute, commercialize and to otherwise freely exploit such modifications, directly or indirectly, without restriction of any kind.
- Licensee will take necessary and appropriate action by instruction, agreement, or otherwise with those of its employees, agents, contractors, or sub-contractors having access to the Source Code to restrict and control the use, copying, modification, protection and security of the Source Code in accordance with this Agreement, including, but not limited to, limiting access to the Source Code to those of Licensee’s employees, agents, contractors, or sub-contractors who either have a need to know or who are directly engaged in the maintenance or enhancement of the Product.
2. LICENSEE MAY NOT: Distribute, rent, sub-license or otherwise make available to others the software or documentation or copies thereof, except as expressly permitted in this License without prior written consent from GrapeCity, inc. In the case of an authorized transfer, the transferee must agree to be bound by the terms and conditions of this License Agreement.
3. RESTRICTIONS: Licensee may use the Product in Licensee's business application for sale or distribution as long as: (a) The application that Licensee produces and/or distributes is NOT a software development application that is sold primarily to software developers or system integrators or a development environment of any kind. Please contact GrapeCity, inc. for special commercial licensing provisions in these circumstances; (b) The software serial number and Licensee is registered with GrapeCity, inc.; (c) Licensee does not remove any proprietary notices, labels, or trademarks on the Product or documentation; (d) Licensee does not copy documentation content for distribution with Licensee’s application unless GrapeCity, inc. is given credit within the distributed documentation; and (e) Licensee does not modify, de-compile, disassemble, reverse engineer or translate the Product or any component thereof.
4. FILES THAT MAY BE DISTRIBUTED WITH LICENSEE APPLICATION: Licensee may not distribute any files contained in the Product other than those specified in the License Agreement that is contained in the Product help file.
5. US GOVERNMENT RESTRICTED RIGHTS: Use, duplication or disclosure by the United States Government is subject to restrictions as set forth under DFARS 252.227-7013 or in FARS 52.227-19 Commercial Computer Software - Restricted Rights. TERM:
6. TERMINATION: Licensee may terminate the License at any time by destroying all copies of the Product and Product documentation. This License will also terminate automatically if Licensee fails to comply with any term or condition in this Agreement.
7. LIMITED WARRANTY: Licensee assumes all responsibility for the selection of the Product as appropriate to achieve the results Licensee intends. GrapeCity, inc. warrants that the enclosed diskette or compact disc medium upon which the Product is recorded shall be free from defects in material and workmanship under normal use and conditions, and that the Product shall perform substantially as described in its documentation for a period of ninety (90) days from purchase. This Limited Warranty is void if failure of the Product has resulted from accident, abuse, or misapplication. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. CUSTOMER REMEDIES. GrapeCity, inc.'s entire liability and Licensee’s exclusive remedy shall be, at GrapeCity, inc.'s option, either (a) return of the price paid or (b) repair or replacement of the Product that does not meet GrapeCity, inc.'s Limited Warranty and which is returned to GrapeCity, inc. with a copy of your receipt. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall GrapeCity, inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use the Product, even if GrapeCity, inc. has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to you.
10. GOVERNING LAW; VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington and the United States, and any action brought in connection with this Agreement shall be brought only in the state or federal courts sitting in Seattle, Washington. In any such action, you submit to the personal jurisdiction of such courts and waive any objections to venue in such courts. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable and actual attorney fees and expenses of litigation. Application of the U.N. Convention of Contracts for the International Sale of Goods is expressly excluded. The original version of this Agreement is the English language version. Any discrepancy or conflicts between the English version and the versions in any other language will be resolved with reference to and interpreting the English version, which will control.