LICENSE

Download as txt, pdf, or txt
Download as txt, pdf, or txt
You are on page 1of 4

END-USER LICENSE AGREEMENT

for all versions of components


Inetlab.SMPP
Inetlab MM7.NET

IMPORTANT-READ CAREFULLY:
This End-User License Agreement ("LICENSE") is a legal agreement between Licensee
(either an individual or a single entity) and InetLab e.U. represented by Svetlana
Tsynaeva, for the software package containing this LICENSE, which includes computer
software and may include associated "online" or electronic documentation
("SOFTWARE"). The SOFTWARE also includes any updates and supplements to the
original SOFTWARE provided to you by InetLab e.U..
By installing, copying or otherwise using the SOFTWARE, you agree to be bound by
the terms of this LICENSE. If you do not agree to all the terms of this LICENSE, do
not install or use the SOFTWARE.

SOFTWARE LICENSE
Copyright laws and international copyright treaties, as well as other intellectual
property laws and treaties protect the SOFTWARE. This is a license agreement and
NOT an agreement for sale. InetLab e.U. continues to own the copy of the SOFTWARE
contained on the disk or CD-ROM and all copies thereof.

1. LICENSE TO USE SOFTWARE.


1.1 DEVELOPER LICENSE. 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. Each developer working with the SOFTWARE must purchase a copy of
the component for his/her own development needs.

1.2 SOURCE CODE. Licensee has no right of access to the source code of the
SOFTWARE, unless he purchases source code separately as defined in section 1.3.

1.3 SOURCE CODE LICENSE. Licensee who purchases source code separately and in
addition to previously purchased license(s) has right to use the source code for
debugging, bug fixing and any other modifications. Under no circumstances may the
source code be used in whole or in part, as the basis for creating a product that
provides the same, or substantially the same, functionality as any InetLab e.U.
product. Licensee may not distribute the source code, or any modification,
enhancement, derivative work and/or extension thereto, in source code form. SOURCE
CODE IS LICENSED AS IS. InetLab e.U. DOES NOT AND SHALL NOT PROVIDE ANY TECHNICAL
SUPPORT FOR SOURCE CODE LICENSE.

2. DISTRIBUTION / REDISTRIBUTABLE CODE


2.1 SAMPLE CODE. In addition to the LICENSE granted in Section 1, InetLab e.U.
grants the Licensee the right to use and modify the source code versions of those
portions of the SOFTWARE that are identified in the documentation as the Sample
Code and located in the "SAMPLES" subdirectory(s) of the SOFTWARE.

2.2 REDISTRIBUTABLE FILES. In addition to the LICENSE granted in Section 1,


InetLab e.U. grants the Licensee a nonexclusive, royalty-free right to distribute
the object code version of those portions of the SOFTWARE identified as the
redistributable files ("REDISTRIBUTABLE FILES"), provided Licensee complies with
the redistribution requirements.

The following files in the SOFTWARE distribution are considered REDISTRIBUTABLE


FILES under this LICENSE:

Inetlab.*.dll

2.3 REDISTRIBUTION REQUIREMENTS. If Licensee redistributes the REDISTRIBUTABLE


FILES, he/she agrees to
(a) distribute the REDISTRIBUTABLE FILES in object code form only in conjunction
with, and as part of her/his software application product which adds significant
and primary functionality;
(b) include a valid copyright notice on his/her SOFTWARE; and
(c) indemnify, hold harmless, and defend InetLab e.U. from and against any claims
or lawsuits, including attorney's fees, that arise or result from the use and
distribution of his/her software application product.

2.4 LIMITATIONS. Distribution by the Licensee of any executables, source code or


other files distributed by InetLab e.U. as part of this SOFTWARE and not identified
as a REDISTRIBUTABLE FILE is prohibited. Redistribution of REDISTRIBUTABLE FILES by
Licensee's users without the appropriate redistribution LICENSE is prohibited.

Licensee shall not develop applications that provide an application programmable


interface to the SOFTWARE. Licensee shall not develop applications that
substantially duplicate the capabilities of the SOFTWARE or, in the reasonable
opinion of InetLab e.U., compete with it.

Licensee MAY NOT distribute the SOFTWARE, in any format, to other users for
development or compiling purposes. In particular, if Licensee creates a
component/control using the SOFTWARE as a constituent component/control, Licensee
MAY NOT distribute the component/control created with the SOFTWARE (in any format)
to users for being used at design time and/or for development purposes.

3. ADDITIONAL RIGHTS AND LIMITATIONS


3.1 RESTRICTIONS. Licensee may not alter, assign, create derivative works,
decompile, disassemble, distribute, give, lease, loan, modify, rent, reverse
engineer, sell, sub-license, transfer or translate in any way, by any means or any
medium the SOFTWARE. Licensee will use its best efforts and take all reasonable
steps to protect the SOFTWARE from unauthorized use, copying or dissemination.

3.2 SUPPORT SERVICES. InetLab e.U. may provide you with support services related
to the SOFTWARE ("Support Services"). Use of Support Services is governed by the
policies and programs described in "online" documentation and/or in other InetLab
e.U. provided materials. Any supplemental software code provided to you as part of
the Support Services shall be considered part of the SOFTWARE and subject to the
terms and conditions of this LICENSE. With respect to technical information you
provide to InetLab e.U. as part of the Support Services, InetLab e.U. may use such
information for its business purposes, including for product support and
development. InetLab e.U. will not utilize such technical information in a form
that personally identifies Licensee.

3.3 The SOFTWARE is licensed as a single product and the software programs
comprising SOFTWARE may not be separated.

3.4 TERMINATION. If the SOFTWARE is used in any way not expressly and
specifically permitted by this LICENSE, then the LICENSE shall immediately
terminate. Upon the termination of the LICENSE, Licensee shall thereafter make no
further use of the SOFTWARE, and Licensee shall return or destroy all licensed
materials.

4. UPGRADES, ENHANCEMENTS AND UPDATES. From time to time, at its sole


discretion, InetLab e.U. may provide enhancements, updates, or new versions of the
SOFTWARE on its then standard terms and conditions thereof. This Agreement shall
apply to such enhancements. Licensee is not entitled to updates or upgrades of the
SOFTWARE unless such right is stated in additional agreement between Licensee and
InetLab e.U.. If new version of the SOFTWARE is released within thirty (30) days
from the day of purchase and the price of new version is equal or smaller than the
price of purchased version of the SOFTWARE, Licensee is entitled to a new version
at zero cost. Received new version shall be considered part of purchased version of
the SOFTWARE and the number of licensed developers will stay the same as granted in
Section 1.1.

5. COPYRIGHT. All title and intellectual property rights in and to the SOFTWARE
(including but not limited to any images, photographs, animations, video, audio,
music and text incorporated into the SOFTWARE) and any copies of the SOFTWARE are
owned by InetLab e.U. or its suppliers. All title and intellectual property rights
in and to the content which may be accessed through use of the SOFTWARE is the
property of the respective content owner and may be protected by applicable
copyright or other intellectual property laws and treaties. This LICENSE grants
Licensee no rights to use such content. InetLab e.U. reserves all rights not
expressly granted.

6. LIMITED WARRANTY. Licensee assumes all responsibility for the selection of


the SOFTWARE as appropriate to achieve the results he/she intends. The SOFTWARE and
documentation are not represented to be error-free. InetLab e.U. warrants that (a)
the SOFTWARE shall perform substantially as described in its documentation for a
period of thirty (30) days from purchase, and (b) any Support Services provided by
InetLab e.U. shall be substantially as described in our accompanying materials, and
our Support Team will make commercially reasonable efforts to solve any problem
covered by our warranty.
EXCEPT FOR THE FOREGOING LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY
LAW, THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT AND OF FITNESS FOR A PARTICULAR PURPOSE.

7. CUSTOMER REMEDIES. InetLab e.U. entire liability and Licensee's exclusive


remedy shall be, at InetLab e.U. option, either (a) return of the price paid or (b)
repair or replacement of the SOFTWARE that does not meet InetLab e.U. Limited
Warranty and which is returned to InetLab e.U. with a copy of Licensee's receipt.
SOFTWARE purchased other than directly from InetLab e.U. shall be returned to the
place where 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 warranty period or
remainder of the thirty (30) days from the day of purchase, whichever is longer.

8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by


law, in no event shall InetLab e.U. 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 use of or
inability to use this SOFTWARE, or the failure to provide Support Services, even if
InetLab e.U. or its dealer have been advised of the possibility of such damages. In
any case, InetLab e.U. entire liability under any provision of this LICENSE shall
be limited to the amount actually paid by the licensee for the SOFTWARE.

9. GENERAL PROVISION. Licensee shall have no right to sub-license any of the


rights of this agreement, for any reason. In the event of the breach by Licensee of
this Agreement, he/she shall be liable for all damages to InetLab e.U., and this
Agreement shall be terminated. If any provision of this Agreement shall be deemed
to be invalid, illegal, or unenforceable, the validity, legality, and
enforceability of the remaining portions of this Agreement shall not be affected or
impaired thereby. In the event of a legal proceeding arising out of this Agreement,
the prevailing party shall be awarded all legal costs incurred.

10. TAXES AND DUTIES. Licensee shall be responsible for the payment of all taxes
or duties that may now or hereafter be imposed by any authority upon this Agreement
for the supply, use, or maintenance of the SOFTWARE, and if any of the foregoing
taxes or duties are paid at any time by InetLab e.U., Licensee shall reimburse
InetLab e.U. in full upon demand.

11. MISCELLANEOUS. This Agreement shall be governed by, construed and enforced in
accordance with the laws of the Austria. Each party consents to the personal
jurisdiction of the Austria and agrees to commence any legal proceedings arising
out of this LICENSE shall be conducted solely in the courts located in the Austria.
This is the entire agreement between you and InetLab e.U. which supersedes any
prior agreement, whether written or oral, relating to this subject matter. Licensee
acknowledges that he/she has read this Agreement, understands it, and agrees to be
bound by its terms and conditions.

You might also like