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Neodynamic End User License Agreement

Revised September 21, 2009

 

IMPORTANT: READ CAREFULLY: This Neodynamic End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Neodynamic S.R.L. (“Neodynamic”) for the materials accompanying this EULA, which may include computer software, associated media, printed materials, and "on line" or electronic documentation ("Software") and source files, resource files, project and solution files ("Source Code") for Software, collectively "THE PRODUCT". BY INSTALLING, COPYING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE PRODUCT.

 

 

PRODUCT LICENSE 

 

THE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Neodynamic or its suppliers own the title, copyright and other intellectual property rights in THE PRODUCT. THE PRODUCT IS LICENSED, NOT SOLD. 

 

 

1.    GRANT OF LICENSE. Neodynamic grants you or your Company the rights described in this EULA provided that you or your Company comply with all the terms and conditions of this EULA:

  1. GRANT OF SOFTWARE LICENSE. Neodynamic grants the use of THE PRODUCT according to one of the following license types.
    1. Developer License
      Neodynamic grants to you one (1) personal, nontransferable, nonexclusive, royalty-free license to make and use copies of THE PRODUCT and install it on any number of your own computers to design, develop and test any number of applications provided YOU ARE AN INDIVIDUAL DEVELOPER/CONSULTANT OR YOU RUN A ONE-PERSON BUSINESS ONLY.

      At no time may THE PRODUCT be used by individuals other than you for development purposes, nor may THE PRODUCT be distributed for use with applications other than those developed by you.

      You are required to reasonably ensure that THE PRODUCT is not reused by or with any application other than those with which you distribute it. That’s if you install THE PRODUCT along with a packaged application on a customer's workstation or server, that customer IS NOT PERMITTED to use THE PRODUCT independent of your application, and must be informed as such.

      GRANT OF REDISTRIBUTION

·         Redistributable code.
You cannot redistribute any part of THE PRODUCT, except the run-time assemblies (DLL files).

·         Windows Forms or .NET Compact Framework or SDK or WPF Versions of THE PRODUCT
If you are a licensee of the “Windows Forms or .NET Compact Framework or SDK or WPF Versions” of THE PRODUCT, then you are granted a license as a single individual to distribute THE PRODUCT royalty-free with an unlimited number of different compiled executables, provided they are developed solely by you.

·         ASP.NET Version of THE PRODUCT
If you are a licensee of the “ASP.NET Version” of THE PRODUCT, then you are granted a license as a single individual to distribute THE PRODUCT royalty-free along with an unlimited number of different web-based solutions served from a SINGLE WEB SERVER (regardless of the number of CPUs in that server), provided they are developed solely by you. For distribution, hosting or transmittal by more than ONE WEB SERVER, you are required to upgrade to or purchase “Small Business” or “Corporate” licenses (which permit distribution to additional servers). Neodynamic does not charge for test servers.

·         Reporting Services Version of THE PRODUCT
If you are a licensee of the “Reporting Services Version” of THE PRODUCT, you are granted a license as a single individual to distribute THE PRODUCT royalty-free along with an unlimited number of different Reporting Services solutions served from a SINGLE SQL SERVER REPORT SERVER (regardless of the number of CPUs in that server), provided they are developed solely by you. For distribution, hosting or transmittal by more than ONE SQL SERVER REPORT SERVER, you are required to upgrade to or purchase “Small Business” or “Corporate” licenses (which permit distribution to additional servers). Neodynamic does not charge for test servers.

    1. Small Business License
      Neodynamic grants to your Company five (5) nontransferable, nonexclusive, royalty-free DEVELOPER licenses to make and use copies of THE PRODUCT and install it on any number of your Company’s computers to design, develop and test any number of applications.

      At no time may THE PRODUCT be used by more than five (5) individual developers at the same time for development purposes, nor may THE PRODUCT be distributed for use with applications other than those developed by your Company.

      You are required to reasonably ensure that THE PRODUCT is not reused by or with any application other than those with which your Company distributes it. That’s if your Company installs THE PRODUCT along with a packaged application on a customer's workstation or server, that customer IS NOT PERMITTED to use THE PRODUCT independent of your application, and must be informed as such.

      GRANT OF REDISTRIBUTION

·         Redistributable code.
Your Company cannot redistribute any part of THE PRODUCT, except the run-time assemblies (DLL files).

·         Windows Forms or .NET Compact Framework or SDKor WPF Versions of THE PRODUCT
If your Company is a licensee of the “Windows Forms or .NET Compact Framework or SDK or WPF Versions” of THE PRODUCT, then your Company is granted a license to distribute THE PRODUCT royalty-free with an unlimited number of different compiled executables, provided they are developed solely by your Company.

·         ASP.NET Version of THE PRODUCT
If your Company is a licensee of the “ASP.NET Version” of THE PRODUCT, then your Company is granted a license to distribute THE PRODUCT royalty-free along with an unlimited number of different web-based solutions served from UP TO FIVE (5) WEB SERVERS (regardless of the number of CPUs in each server), provided they are developed solely by your Company. For distribution, hosting or transmittal by more than FIVE (5) WEB SERVERS, you are required to upgrade to or purchase “Corporate” license (which permit distribution to unlimited servers). Neodynamic does not charge for test servers.

·         Reporting Services Version of THE PRODUCT
If your Company is a licensee of the “Reporting Services Version” of THE PRODUCT, then your Company is granted a license to distribute THE PRODUCT royalty-free along with an unlimited number of different Reporting Services solutions served from UP TO FIVE (5) SQL SERVER REPORT SERVERS (regardless of the number of CPUs in each server), provided they are developed solely by your Company. For distribution, hosting or transmittal by more than FIVE (5) SQL SERVER REPORT SERVERS, you are required to upgrade to or purchase “Corporate” license (which permit distribution to unlimited servers). Neodynamic does not charge for test servers.

    1. Corporate License
      Neodynamic grants to your Company unlimited nontransferable, nonexclusive, royalty-free DEVELOPER licenses to make and use copies of THE PRODUCT and install it on any number of your Company’s computers to design, develop and test any number of applications.

      At no time may THE PRODUCT be distributed for use with applications other than those developed by your Company.

      You are required to reasonably ensure that THE PRODUCT is not reused by or with any application other than those with which your Company distributes it. That’s if your Company installs THE PRODUCT along with a packaged application on a customer's workstation or server, that customer IS NOT PERMITTED to use THE PRODUCT independent of your application, and must be informed as such.

      GRANT OF REDISTRIBUTION

·         Redistributable code.
Your Company cannot redistribute any part of THE PRODUCT, except the run-time assemblies (DLL files).

·         Windows Forms or .NET Compact Framework or SDKor WPF Versions of THE PRODUCT
If your Company is a licensee of the “Windows Forms or .NET Compact Framework or SDK or WPF Versions” of THE PRODUCT, then your Company is granted a license to distribute THE PRODUCT royalty-free with an unlimited number of different compiled executables, provided they are developed solely by your Company.

·         ASP.NET Version of THE PRODUCT
If your Company is a licensee of the “ASP.NET Version” of THE PRODUCT, then your Company is granted a license to distribute THE PRODUCT royalty-free along with an unlimited number of different web-based solutions served from an UNLIMITED WEB SERVERS (regardless of the number of CPUs in each server), provided they are developed solely by your Company.

·         Reporting Services Version of THE PRODUCT
If your Company is a licensee of the “Reporting Services Version” of THE PRODUCT, then your Company is granted a license to distribute THE PRODUCT royalty-free along with an unlimited number of different Reporting Services solutions served from an UNLIMITED SQL SERVER REPORT SERVERS (regardless of the number of CPUs in each server), provided they are developed solely by your Company.

    1. Evaluation/TRIAL License
      You or your Company may install and use an unlimited number of copies of THE PRODUCT on an unlimited number of machines for testing and evaluation purposes of THE PRODUCT only. Neodynamic DOES NOT PERMIT the distribution of applications compiled with the evaluation/trial version of THE PRODUCT except for demo and testing purposes. You are free to use the evaluation/trial version of THE PRODUCT for such purposes for an unlimited period of time.
  1. Redistribution. FOR ALL LICENSES:
    1. The name "Neodynamic" must not be used to endorse or promote products derived from THE PRODUCT
    2. Works derived from THE PRODUCT may not be called "Neodynamic", nor may "Neodynamic" appear in their name
    3. Neodynamic is not obligated to provide support for works derived from THE PRODUCT

  2. Documentation. With respect to electronic and other documentation, you may make any number of copies (either in hard copy or electronic form) provided that such copies shall be used only for internal purposes and are not republished or distributed beyond your premises.
  3. Disassembly. You may not reverse engineer, decompile, disassemble or in any other way try to gain access to information regarding the construction of THE PRODUCT.
  4. Reservation of Rights. Neodynamic reserves all rights not expressly granted herein.

2.    DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

  1. Rental. You or your Company may not rent, lease, or lend THE PRODUCT without express written permission from Neodynamic.
  2. Termination. Without prejudice to any other rights, Neodynamic may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of THE PRODUCT, including but not limited to the Source Code, backups and all of its component parts and derived works.
  3. Consideration.  For the rights and license granted in this EULA you will pay Neodynamic the currently published price available at http://www.neodynamic.com or another mutually agreed upon amount to appear on a valid invoice.
  4. Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(b).
  5. Derived Works. You agree that you will not use THE PRODUCT to develop derived works that offer similar functionality as THE PRODUCT, expose the features of THE PRODUCT for use by an unlicensed third party.

 

3.    UPGRADES. If this copy of THE PRODUCT is an upgrade from an earlier version of THE PRODUCT, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of THE PRODUCT to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of THE PRODUCT or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.

4.    INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to THE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text and "applets" incorporated into THE PRODUCT and any copies of THE PRODUCT that you are expressly permitted to make herein) are owned by Neodynamic or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of THE PRODUCT are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All title and intellectual property rights in and to your modifications to THE PRODUCT are owned by you provided that such modifications are made available to Neodynamic free of charge and royalty-free for inclusion in later releases of THE PRODUCT.  All rights not expressly granted are reserved by Neodynamic.

5.    LIMITED WARRANTY.
NO WARRANTIES. Neodynamic expressly disclaims any warranty for THE PRODUCT. THE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either expressed 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.

6.    LIMITATION OF LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Neodynamic or its distributors be liable for any 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 the use of or inability to use this Neodynamic product (THE PRODUCT) and related materials, even if Neodynamic has been advised of the possibility of such damages.

7.    GOVERNING LAW. This EULA will be governed and construed in accordance with the Argentinean Laws and the parties submit to the non-exclusive jurisdiction of the Argentinean Courts.

8.    ENTIRE AGREEMENT. This EULA is the entire agreement between you and Neodynamic relating to THE PRODUCT and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to THE PRODUCT or any other subject matter covered by this EULA. To the extent the terms of any Neodynamic policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.

 
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