License Agreement for: Opf3 Framework (Four Developer License)
FOUR DEVELOPER TEAM LICENSE AGREEMENT FOR OPF3 PRODUCT
IMPORTANT-READ CAREFULLY: This license agreement (hereinafter, "LICENSE")
is a legal agreement between you (either an individual or a single entity)
and Christian Liensberger (hereinafter, "DEVELOPER"), for the OPF3 FRAMEWORK
product (hereinafter, "PRODUCT"), which includes computer software, its
source code, associated media, printed materials, and "online" or
electronic documentation.
No amendment or modification may be made to this �LICENSE� except in
writing signed by you and �DEVELOPER�.
IT IS NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS �LICENSE�
INCUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION
PROVISIONS BEFORE YOU ARE PERMITTED TO INSTALL, COPY, OR OTHERWISE USE THE
�PRODUCT�.
1. GRANT OF LICENCE.
"DEVELOPER" grants to you, and you accept, a non-exclusive,
non-transferable license to use, copy and modify the �PRODUCT�
only as authorized below.
2. PERMITTED USES.
This �LICENSE� grants you the following rights:
A. The �PRODUCT� is licensed for FOUR developers within your organization
and located at the same business address. You may make any copies you need
and install the �PRODUCT� on any computer permanently located in the offices
or grounds of the licensing company. You may install the �PRODUCT� on a
network server for the sole purpose of internal distribution to one or more
other computer(s); provided, that the installations shall be used only by
your employees and are not to be republished or distributed to any other
third party. Your temporary employees, contractors, and consultants may
also use the �PRODUCT� in connection with the operation of your business.
Any copies of the �PRODUCT� used by temporary employees, contractors and
consultants must be removed from their individual computers once they cease
working for licensing company.
B. Authorized users may also use the �PRODUCT� on your desktop and
portable computers, which, on a temporary basis, are away from licensing
company facilities; provided that the �PRODUCT� shall be used only by your
employees and are not to be republished or distributed to any other third
party. Authorized users may also make an additional copy of the �PRODUCT�
for such individual�s exclusive use on either a home or portable computer.
Any copies of the �PRODUCT� used on any authorized user�s home computer must
be removed from such individual�s computers once they cease working for the
licensing company.
C. Solely with respect to electronic documents included with the
�PRODUCT�, 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 2.A and Section 2.B, 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.
D. You may use the included samples and associated media materials
only for the limited purposes of demonstrations, trials, design time
evaluations and
running a product tour.
3. PROHIBITED USES.
You may not, without the prior written permission of �DEVELOPER�:
A. Use, copy, modify, or merge copies of the �PRODUCT� and any
accompanying documents except as permitted in this �LICENSE�.
"PRODUCT" may not be used to develop a commercially competitive product.
B. Rent, lease, loan, re-sell, sub-license, distribute or otherwise
transfer the �PRODUCT� to any third party or use it to provide time sharing
or similar services to any third party.
4. SOURCE CODE.
In addition to the license and rights granted in Sections 1 and 2,
�DEVELOPER� grants you the right to use and modify the source code
if delivered with the �PRODUCT�:
- �DEVELOPER� shall retain all right, title and interest in and to
all updates, modifications, enhancements and derivative works, in
whole or in part, of the �PRODUCT� source code created by you,
including all copyrights subsisting therein, to the extent such
modifications, enhancements or derivative works contain copyrightable
code or expression derived from the �PRODUCT� source code;
provided, however, that �DEVELOPER� grants to you a fully-paid,
royalty free license, to use, copy and modify such updates,
modifications, enhancements and derivative works or copies thereof for
use as authorized in this �LICENSE�.
- You may not distribute the �PRODUCT� source code, or any
modified version or derivative work of the �PRODUCT� source code,
in source code form.
- The source code contained herein and in related files is provided
to the authorized developers for the purposes of education and
troubleshooting. Under no circumstances may any portion of the source
code be distributed, disclosed or otherwise made available to any
third party without the express written consent of �DEVELOPER�.
- 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 the �PRODUCT�.
- The authorized developers acknowledge that this source code
contains valuable and proprietary trade secrets of �PRODUCT�. The
registered developers agree to expend every effort to insure its
confidentiality.
5. REDISTRIBUTION.
In addition to the license and rights granted in Sections 1 and 2,
�DEVELOPER� grants you a nonexclusive, royalty-free right to reproduce
and distribute the object code version of the �PRODUCT� as DLL; provided:
- You distribute the �PRODUCT� in object code form only in
conjunction with and as part of your software application product which
adds significant and primary functionality;
- You do not use �DEVELOPER��s name, logo or trademarks to market
your software application product;
- You include a valid copyright notice on your SOFTWARE;
- You hereby agree to indemnify, hold harmless, and defend �DEVELOPER�
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 arise or
result from the use and distribution of any of your software
application product(s) or components.
6. TECHNICAL SUPPORT.
Technical support is available through English language e-mail messages.
The "DEVELOPER" will try to answer any problems or queries you might have
with the "PRODUCT". �DEVELOPER� does not agree to fix any apparent defects
or limitations in the software. However if you notify him of the problem
or have positive suggestions then �DEVELOPER� may change the software
accordingly in the next release. All service packs for this �PRODUCT� are
available for FREE. You agree that "DEVELOPER" may collect and use technical
information provided by you as a part of support services related to the
"PRODUCT". "DEVELOPER" agrees not to use this information in a form that
personally identifies you.
7. COPYRIGHT.
All title, copyright trademarks and other intellectual property rights in
and to the "PRODUCT" are the exclusive property of "DEVELOPER" or partners
authorized by "DEVELOPER" to distribute their intellectual property. All
rights are reserved worldwide.
8. TERMINATION.
This �LICENSE� and your right to use the �PRODUCT� will terminate
immediately without notice from �DEVELOPER� if you fail to comply with
the terms and conditions of this �LICENSE�. Upon termination, you agree to
destroy the �PRODUCT�, including all accompanying documents and copies.
9. NO WARRANTY
To the maximum extent permitted by applicable law, �DEVELOPER� expressly
disclaims any warranty for the "PRODUCT". The "PRODUCT" is provided "AS IS"
without warranty of any kind, either express or implied, including, but not
limited to, the implied warranties of merchantability or fitness for a
particular purpose. The entire risk arising out of use or performance of
the "PRODUCT" remains with you.
10. NO LIABILITY
To the maximum extent permitted by applicable law, in no event shall
�DEVELOPER� be liable for direct, indirect, incidental, special, exemplary,
or consequential damages (including, but not limited to, procurement of
substitute goods or services; loss of use, data, or profits; or business
interruption) however caused and on any theory of liability, whether in
contract, strict liability, or tort (including negligence or otherwise)
arising in any way out or the use of this software, even if advised of the
possibility of such damage.