iPFaces Standard Edition 1.1

EULA - End User License Agreement

The iPFaces Commercial License Agreement

Applies To: All

Introduction

This End-User License Agreement (EULA) is a legal agreement between:

Edhouse s.r.o
Vavrečkova 5262
760 01 Zlín
Czech Republic

hereafter called Licensor and you, the You, the user (Licensee).

Herein, Use, Uses, Using or Used means to install, download, copy or access any of the files that are included with the iPFaces Library, to develop an application (Application) that makes use of the iPFaces Library, to consult any of the documentation included with the iPFaces Library, or to otherwise benefit from using the iPFaces Library. The iPFaces Library is distributed in two versions:

* Community Version - distributed under the GNU General Public License version 3.0 as published by the Free Software Foundation (GNU GPL). This version of the iPFaces Library is further referred to as iPFaces Library Community Version.
* Commercial Version - it is marked as such and not available publicly. This version of the iPFaces Library is further referred to as iPFaces Library Commercial Version.

All terms that apply to iPFaces Library, apply also to iPFaces Library Community Version and iPFaces Library Commercial Version.

This EULA is legally valid only if you have legitimately obtained the license from Licensor by purchasing the license or obtaining a license document signed by Licensor. If you have obtained the license for iPFaces Library Commercial Version, this EULA grants you the rights to Use the iPFaces Library Commercial Version and iPFaces Library Community Version. If you have obtained the license for iPFaces Library Community Version, this EULA grants you the rights to Use the iPFaces Library Community Version only.

By Using the iPFaces Library, 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, you must immediately cease and desist using iPFaces Library Commercial Version and you can use iPFaces Library Community Version solely under the terms of GNU GPL.

The iPFaces Library is licensed, not sold.

GRANT OF LICENSE

This EULA, if legally executed as defined herein, licenses and so grants you the following rights:

1. Licensor grants you a non-exclusive, royalty-free, non-transferable license to Use the iPFaces Library for the sole purposes of designing, developing, testing, and deploying by any number of developers.
* If this EULA is granted per Standard Edition, the iPFaces Library may be Used for deploying application accessible on only One URL with maximum limit of 10 End Users connecting to this URL.
* If this EULA is granted per Professional Edition, the iPFaces Library may be Used for deploying application accessible on only One URL with maximum limit of 100 End Users connecting to this URL.
* If this EULA is granted per Enterprise Edition, the iPFaces Library may be Used for deploying application accessible on only One URL with unlimited number of End Users connecting to this URL.
2. You may Use the iPFaces Library free of charges to Licensor, except for the fee charged to acquire this EULA.
3. The terms of the GNU GPL are not binding in the area that this EULA covers.

GRANT OF SOURCE CODE USE LICENSE

Licensor grants you a non-exclusive license to view and modify the source code to the iPFaces Library (Source Code). You may compile the modified or unmodified Source Code and use and distribute the resulting object code solely as a part of Application into which the Source Code compiles.

The foregoing license is subject to the following conditions:

1. Licensor shall retain all rights, title and interest in and to all corrections, modifications and derivative works of the Source Code created by Licensee, including all copyrights subsisting therein, to the extent such corrections, modifications or derivative works contain copyrightable code or expression derived from the Source Code.
2. You may not distribute or disclose the Source Code to iPFaces Library Commercial Version, or any portions or modifications or derivative works of the Source Code to iPFaces Library Commercial Version, to any third party, in source code form or a compiled form.
3. You may distribute or disclose the Source Code to iPFaces Library Community Version, or any portions or modifications or derivative works of the Source Code to iPFaces Library Community Version, to any third party, in source code form or a compiled form, solely under the terms of the GNU GPL. The Application does not inherit this duty.
4. 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 iPFaces Library.

RENTAL

You may not rent, lease, or lend the iPFaces Library.

TRANSFER

You may NOT transfer permanently or temporarily any of your rights under this EULA to any individual or entity without prior written approval from Licensor.

UPGRADES

New releases of the iPFaces Library will be made available on the Internet only.

You may transfer your rights on the iPFaces Library to new releases as they become available.

Licensor is not required to generate any further releases.

COPYRIGHT

All title and copyrights in and to the iPFaces Library (including but not limited to any copyrighted images, sample applications, source code, intermediate files, packages and text incorporated into the iPFaces Library, the accompanying materials, and any copies of the iPFaces Library) are owned by Licensor. The iPFaces Library is protected by copyright laws and international treaty provisions and therefore, you must treat the iPFaces Library like any other copyrighted material except that you may Use the iPFaces Library as described in this EULA.

INDEMNIFICATION

To the best of Licensor's knowledge, the iPFaces Library or the Use thereof does not infringe with any third party's rights. Licensor shall have no responsibility whatsoever for any claims or infringements of patents, trademarks, industrial design, copyrights or other property rights affecting your Use of the iPFaces Library.

LIMITATION OF LIABILITY

The iPFaces Library is provided as is, without any representation or warranty of any kind, either express or implied, including without limitation any representations or endorsements regarding the use of, the results of, or performance of the product, its appropriateness, accuracy, reliability, or correctness. You assume the entire risk as to the use of this product. Licensor does not assume liability for the use of the iPFaces Library beyond its original purchase price. In no event will Licensor be liable for additional direct or indirect damages including any lost profits, lost savings, or other incidental or consequential damages arising from any defects, or the use or inability to use the iPFaces Library, even if Licensor has been advised of the possibility of such damages.

TERMINATION

This EULA is effective until terminated. Without prejudice to any other rights or remedies, in the event that you fail to comply with any terms and conditions of this EULA and you do not cure such failure within 30 days of written notice from Licensor, Licensor may terminate this EULA. In such event, you must immediately cease and desist using iPFaces Library Commercial Version and you can use iPFaces Library Community Version solely under the terms of GNU GPL.

MISCELLANEOUS

You agree not to represent that Licensor is affiliated with or approves of your software product(s) in any way. This EULA may only be modified in writing signed by you and Licensor. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limitation of Liability shall remain in effect.

Licensor reserves all rights not specifically granted in this EULA.