DEVART S.R.O. END-USER LICENSE AGREEMENT
Copyright 2018 Devart.
IMPORTANT- READ CAREFULLY: This DEVART End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a legal entity), and DEVART for software, components, source code, documentation, demos, or other materials ("SOFTWARE PRODUCT") contained in this distribution.
By purchasing installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree (a) that you have read this EULA (b) that you understand it (c) that you agree to be bound by the terms of this EULA. If you do not agree to any part of the terms of this EULA, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE PRODUCT.
THE SOFTWARE PRODUCT IS LICENSED, NOT SOLD.
1. GRANT OF LICENSE
Subject to your continuous compliance with this EULA and payment of the applicable license fees, DEVART grants you a non-exclusive and limited license to install and use the SOFTWARE PRODUCT (a) during the term of such license (“License Term”), (b) within the scope of the License Type described in Section 2, (c) on the permitted number of computers, (d) in a manner consistent with the terms of this EULA. Unless otherwise defined in this EULA or at the time of purchase, License Term shall be perpetual.
2. LICENSE TYPES
2.1 FULL LICENSE
You may install, activate and use ONE (1) copy of the SOFTWARE PRODUCT on ONE (1) computer provided it is used by ONE (1) person. You may install, activate and use an additional copy of the SOFTWARE PRODUCT on a second portable device, laptop or home COMPUTER for the exclusive use of the same person only.
2.2 EVALUATION (TRIAL) USE LICENSE
You may install and use ONE (1) copy of the SOFTWARE PRODUCT for evaluation purposes only, for a period of 30 calendar days from the date of installation ("Evaluation Period”). Upon expiration of the Evaluation Period the SOFTWARE PRODUCT must be uninstalled and all copies destroyed. Upon expiration of the Evaluation Period you have the following options:
(a) Purchase a LICENSE to continue using SOFTWARE PRODUCT.
(b) Uninstall the SOFTWARE PRODUCT from the CLIENT COMPUTER and destroy all copies.
You MAY NOT CREATE commercial applications or begin software projects using the SOFTWARE PRODUCT under the terms of the EVALUATION (TRIAL) USE LICENSE.
2.3 FREE LICENSE
Applies to the SOFTWARE PRODUCTS that are distributed free of charge. You may install and use the SOFTWARE PRODUCT on an unlimited number of computers. You may also make appropriate number of the backup copies of the SOFTWARE PRODUCT.
3. TWELVE (12) MONTH SUBSCRIPTION AND UPDATES
DEVART licenses the SOFTWARE PRODUCT on a SUBSCRIPTION basis. A SUBSCRIPTION lasts for a 12 month ("SUBSCRIPTION TERM") period from the date of purchase. During the SUBSCRIPTION TERM and upon payment of all applicable subscription fees, you will be eligible to receive all major and minor updates for the SOFTWARE PRODUCT during this 12 month period. Upon expiration of the SUBSCRIPTION TERM (12 months, plus 1 day after original purchase date), you can optionally renew the SOFTWARE PRODUCT SUBSCRIPTION for an additional 12 month period (and each subsequent year thereafter) in order to continue receiving major and minor updates of the SOFTWARE PRODUCT from DEVART.
4. TECHNICAL SUPPORT
You may request from DEVART technical assistance with using the SOFTWARE PRODUCT over email, public forums, or other available channels. DEVART shall use its reasonable endeavours to answer queries raised, but does not guarantee that your queries or problems will be fixed or solved. If the SUBSCRIPTION of your license has expired, DEVART reserves right to decline your technical support query.
5. COPYRIGHT AND INTELLECTUAL PROPERTY OWNERSHIP
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any copywritten images, demos, source code, intermediate files, packages, animations, video, audio and text incorporated into the SOFTWARE PRODUCT) the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are the intellectual property of and are owned by DEVART.
The structure, organization, and source code of the SOFTWARE PRODUCT are the valuable trade secrets and confidential information of DEVART.
The SOFTWARE PRODUCT is protected by international law, including but not limited to the international copyright laws, and by international treaty provisions.
This agreement does not grant you any intellectual property rights in the SOFTWARE PRODUCT. All rights not expressly granted are reserved by DEVART.
5.1 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, create derivative works or disassemble the SOFTWARE PRODUCT. If the SOFTWARE PRODUCT is purchased by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any DEVART intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any products created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local and international law.
You may NOT redistribute the SOFTWARE PRODUCT unless you are explicitly authorized by DEVART as a reseller.
Authorized resellers may redistribute the SOFTWARE PRODUCT only in the form of the original distribution package.
You may not rent, lease, or lend the SOFTWARE PRODUCT.
You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or legal entity without prior written approval from DEVART.
9. PRODUCTS DISCONTINUANCE
DEVART reserves the right to discontinue the SOFTWARE PRODUCT, whether offered as a standalone product or solely as a component, at any time. However, DEVART is obligated to provide support for a period of ONE (1) year after the date of discontinuance.
10. DISCLAIMER OF WARRANTY
DEVART expressly disclaims any warranty for the SOFTWARE PRODUCT. THE SOFTWARE 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 NONINFRINGEMENT. DEVART DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU. No oral or written information or advice given by DEVART shall create a warranty or in any way increase the scope of this warranty.
Without prejudice to any other rights or remedies, DEVART will terminate this EULA upon your failure to comply with all the terms and conditions of this EULA. In such events, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts including any related documentation, and must remove ANY and ALL use of DEVART intellectual property from any applications distributed by you, whether in native, altered or compiled states.
12. CHANGE OF TERMS
Devart may make changes to the EULA from time to time. When these changes are made, Devart will make a new copy of the EULA available at the product download page.
You understand and agree that if you use the SOFTWARE PRODUCT after the date on which the EULA has been changed, Devart will treat your use as acceptance of the updated EULA.
You agree that Devart may provide you with notices, including those regarding changes to the EULA, by email.