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Smardec End-User License Agreement


END-USER LICENSE AGREEMENT ("EULA") FOR SMARDEC'S PRODUCTS

  1. GENERAL. The software, documentation and any other materials accompanying this EULA whether on disk, in read only memory, on any other media or in any other form (collectively the "Software Product") are licensed, not sold, to you by Smardec ("Smardec") for use only under the terms of this EULA, and Smardec reserves all rights not expressly granted to you. The rights granted herein are limited to Smardec's intellectual property rights and do not include any other patents or intellectual property rights. You own the media on which the Software Product is recorded but Smardec retains ownership of the Software Product itself. By installing, copying, or otherwise using the Software 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, use, distribute or replicate in any manner, any part, file or portion of the Software Product.

  2. RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for this Software Product is purchased by you with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any Smardec 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 of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

  3. GRANT OF LICENSE. This EULA, if legally executed as defined herein, licenses and so grants you the following rights:

    1. Single Developer License. You may install and use multiple copies of the Software Product or any prior version legally licensed once a single developer license ("Single Developer License") has been obtained from Smardec or a reseller authorized by Smardec. A Single Developer License for the Software Product may not be shared or used concurrently by more than one individual developer. In a project that uses the Software Product, each individual developer on the project requires a separate Single Developer License as long as they need to access Smardec's products and documents.

    2. Site License. You may install and use multiple copies of the Software Product or any prior version legally licensed once a site license ("Site License") has been obtained from Smardec or a reseller authorized by Smardec. A Site License for the Software Product may be shared or used concurrently by any number of individual developers inside the company that purchased the Site License, but in borders of a single company office/location only (location would normally be defined as a single building, but could be considered as a number of buildings within the 30 miles geographical location from the main office of the company that purchased the Software Product).

    3. Business License. You may install and use multiple copies of the Software Product or any prior version legally licensed once a business license ("Business License") has been obtained from Smardec or a reseller authorized by Smardec. A Business License for the Software Product may be shared or used concurrently by any number of individual developers in all company offices around the world. No geographical restrictions are applied to the Business License, only juridical company borders are important.

    4. Deployment License. The deployment license ("Deployment License") should be purchased in the case you have exposed the API (application program interface) provided by Smardec to your end users. That is your end user will use our APIs directly to create application through the purchase of your product which includes Smardec's Software Product. In the specified case the Deployment License should be purchased in addition to the Single Developer License(s), Site License or Business License.

    5. Source Code License. In addition to the licenses and rights granted above, Smardec grants you the right to use and modify the Software Product's source provided you licensed source code. Different from the licenses above, source code license is issued on a per project basis. Each project needs to purchase only one copy of source code license ("Source Code License").

      1. Smardec shall retain all right, title and interest in and to all updates, modifications, enhancements and derivative works, in whole or in part, of the Software Product's 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 Software Product's source code; provided, however, that Smardec 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 EULA.

      2. You may not distribute the Software Product's source code, or any modified version or derivative work of the Software Product's source code, in source code form.

      3. Smardec requires all developers in your project who plan to access Software Product's source code signing on the source code license. As long as they signed, they become registered developers. An alternative to this is to let a delegate signs source code license as an organization. The delegate will be responsible for letting other developers who plan to access the source code reviewing this license agreement first before releasing them the access.

      4. The Software Product's source code contained herein and in related files is provided to the registered developer 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 Smardec.

      5. Under no circumstances may the Software Product's 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 any Smardec's products.

      6. The registered developer acknowledges that this source code contains valuable and proprietary trade secrets of Smardec. The registered developer agrees to expend every effort to insure its confidentiality. For example, under no circumstances may the registered developer allow to put the source code on an internal network where he or she has no control.

      7. Due to the insecurity of Java byte-code, if you plan to use classes that built from the source code directly, you must agree to obfuscate the classes before distributing it to your customers.

      8. SOURCE CODE IS SOLD AS IS. SMARDEC DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.

  4. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

    1. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble the Software Product, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the Software Product or any of its constituent parts and redistributables to the fullest extent of all applicable local, US Codes and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.

    2. Separation of Components, Their Constituent Parts and Redistributables. The Software Product is licensed as a single product. The Software Product and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled, nor placed for distribution, sale, or resale as individual creations by you or any individual not expressly given such permission by Smardec. The provision of source code, if included with the Software Product, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All Smardec libraries, source code, redistributables and other files remain Smardec's exclusive property. You may not distribute any files, except those that Smardec has expressly designated as Redistributable.

      The Software Product may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. Redistributables include jar file (or class files if you intend to package all Smardec classes into your own jar). Developer Guide of Software Product (if any) or any other documents (such as javadoc) which are intended to teach you how to use the Software Product, and sample code are not considered as redistributables. Subject to all of the terms and conditions in this EULA, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software Product or the copy transferred to a hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this EULA that you have created using the Software Product. You may reformat or recombine the original distribution format of redistributables provided by Smardec. However Smardec will not support or have any liability for such use.

    3. Software Transfer. 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 entity. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, redistributables, and/or other files of the Software Product (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed end user have the right to use the libraries, redistributables, or other files of the Software Product (or any portions thereof) for developing programs created with the Software Product. In particular, you may not share copies of the Redistributables with other co-developers.

    4. Support Services. Smardec may provide you with support services related to the Software Product ("Support Services"). Use of Support Services is governed by Smardec policies and programs described in the user manual, in on-line documentation and/or other Smardec provided materials. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Product and subject to the terms and conditions of this EULA. With respect to technical information you provide to Smardec as part of the Support Services, Smardec may use such information for its business purposes, including for product support and development.

    5. Termination. Without prejudice to any other rights or remedies, Smardec 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 Product and all of its component parts including any related documentation, and must remove any and all use of such technology with the next generally available release from any applications using technology contained in the Software Product developed by you, whether in native, altered or compiled state.

    6. Time Limitation. There is no time limitation on using the Software Product as long as you don't violate this license agreement.

  5. UPGRADES. If the Software Product is labeled as an upgrade, you must be properly licensed to use the Software Product identified by Smardec as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces and/or supplements the Software Product that formed the basis for your eligibility for the upgrade, and together constitute a single Software Product. You may use the resulting upgraded Software Product only in accordance with all the terms of this EULA.

  6. COPYRIGHT. All title and copyrights in and to the Software Product (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 Product), the accompanying printed materials, and any copies of the Software Product are owned by Smardec or its subsidiaries. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material except that you may install the Software Product for use by you, a single developer. You may not copy any printed materials accompanying the Software Product.

  7. GENERAL PROVISIONS. This EULA may only be modified in writing signed by you and an authorized officer of Smardec. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.

  8. MISCELLANEOUS. If this Software Product was acquired outside the United States, then you, agree and ascend to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply. In addition, you agree that any local law(s) to the benefit and protection of Smardec ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply.

  9. DISCLAIMER OF WARRANTIES. SMARDEC EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE PRODUCT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.

  10. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL DANGER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DANGER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.



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