LICENSE AGREEMENT

© Copyright 2007-2014 DesignerVista Soft, LLC. All rights reserved.
http://www.designervista.com

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THE SOFTWARE COMPONENT. BY USING THE SOFTWARE COMPONENT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, YOU ARE NOT PERMITTED TO USE THE SOFTWARE COMPONENT.

OVERVIEW

This End User License Agreement (EULA) is a legal agreement between you (an individual developer of software products) and DESIGNERVISTA for the SOFTWARE COMPONENT accompanying this EULA.

DEFINITIONS

  • SOFTWARE COMPONENT means computer software, including but not limited to any images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text, and "applets", media, printed materials and "online" or electronic documentation.

  • DESIGNERVISTA means DesignerVista Soft LLC.

  • API means Application Programming Interface

GRANT OF LICENSE

The SOFTWARE COMPONENT is protected by copyright laws. The SOFTWARE COMPONENT is licensed, not sold. This EULA grants you the following license(s):

SINGLE DEVELOPER LICENSE

  • Single Developer license allows an individual software developer to use API provided by SOFTWARE COMPONENT in any number of products that he or she is working on.

  • A Single Developer License may not be shared or used by more than one individual developer. In a project that uses the SOFTWARE COMPONENT, each individual developer on the project requires a separate Single Developer license as long as they need to access SOFTWARE COMPONENT API.

DEPLOYMENT LICENSE

If you exposed the API provided by DESIGNERVISTA COMPONENT to your end users, then you need to purchase deployment licenses in addition to the developer license. That is, your end user will use our APIs directly to create application through the purchase of your product which includes DESIGNERVISTA COMPONENT.

RIGHTS AND LIMITATIONS

  1. You may not reverse engineer, decompile, create derivative works, modify, translate or disassemble the SOFTWARE COMPONENT, its constituent parts, any provided redistributable's and only to the extent that such activity is expressly permitted by law not withstanding this limitation.

  2. You may not resell, redistribute, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit the SOFTWARE COMPONENT its constituent parts, any provided redistributable's, media or documentation. This also applies to any and all intermediate files, source code and executable files.

  3. All DESIGNERVISTA libraries, source code, redistributable's, and other files remain DESIGNERVISTA exclusive property. You may not redistribute any files, except those that DESIGNERVISTA has expressly designated as Redistributable.

  4. Your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries, code, Redistributable's or other files of SOFTWARE COMPONENT.

  5. Your applications containing the SOFTWARE COMPONENT must be writing using licensed copy of the SOFTWARE COMPONENT.

  6. You may not remove or alter any DESIGNERVISTA copyright, trademark, or other proprietary rights notice contained in any portion of DESIGNERVISTA libraries, source code, Redistributable's, or other files that bear such a notice.

  7. All copies of the program you create must bear a valid copyright notice, either your own, or the DESIGNERVISTA copyright notice that appears on the SOFTWARE COMPONENT.

  8. DESIGNERVISTA provides no warranty at all to any person, and you will remain solely responsible to anyone receiving your products for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact DESIGNERVISTA for such services or assistance.

  9. DESIGNERVISTA may provide you with support services related to the SOFTWARE COMPONENT. Use of support services is governed by DESIGNERVISTA policies and programs described in the user manual, in online documentation, and/or other DESIGNERVISTA provided materials.

  10. Any supplemental software code provided to you as part of Support services shall be considered part of the SOFTWARE COMPONENT and subject to terms and conditions of this EULA.

  11. With respect to technical information you provide to DESIGNERVISTA as part of the Support Services, DESIGNERVISTA may use such information for its business purposes, including for product support and development.

  12. You may not permanently or temporarily transfer ANY of your rights under EULA to any individual or entity. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your applications, under no circumstance may the libraries, redistributable's, and/or other files of SOFTWARE COMPONENT( including any portion thereof) be used for developing applications by anyone created with SOFTWARE COMPONENT.

  13. In particular, you may not share copies of the redistributable's with other co-developers. If you leave the company or go to another department where SOFTWARE COMPONENT is no longer used, you may transfer the license to another developer within the team. After the transfer, you are no longer allowed to use SOFTWARE COMPONENT.

GENERAL PROVISIONS

  1. Without prejudice to any other rights or remedies, DESIGNERVISTA will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE COMPONENT and all its component parts including any related documentation and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE COMPONENT developed by you, whether in native, altered or compiled state

  2. There is no time limitation on using SOFTWARE COMPONENT as long as you don't violate this license agreement.

  3. If the SOFTWARE COMPONENT is labeled as an upgrade, you must be properly licensed to use the licensed SOFTWARE COMPONENT identified by DESIGNERVISTA as being eligible for the UPGRADE in order to use the SOFTWARE COMPONENT.

  4. A SOFTWARE COMPONENT labeled as an upgrade replaces and/or supplements the SOFTWARE COMPONENT that formed the basis for your eligibility for the upgrade, and together constitute a single SOFTWARE COMPONENT.

  5. You may use the resulting upgraded SOFTWARE COMPONENT only in accordance with all the terms of this EULA.

  6. All title and copyrights in and to the SOFTWARE COMPONENT (including but not limited to any images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE COMPONENT), the accompanying printed materials, and any copies of the SOFTWARE COMPONENT are owned by DESIGNERVISTA or its subsidiaries.

  7. The SOFTWARE COMPONENT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE COMPONENT like any other copyrighted material except that you may install the SOFTWARE COMPONENT for use by you, a single developer. You may not copy any printed materials accompanying the SOFTWARE COMPONENT.

  8. Should you have any questions regarding this EULA, please contact us via http://www.designervista.com

DISCLAIMER OF WARRANTY

DESIGNERVISTA EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE COMPONENT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH YOU.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DESIGNERVISTA 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, ANY OTHER PECUNIARY LOSS, ATTORNEY FEES AND COURT COSTS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE COMPONENT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DESIGNERVISTA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


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Email: support@designervista.com



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