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NEVRON SOFTWARE LICENSE AGREEMENT
(Revised December, 2005)
IMPORTANT: Read carefully the following license agreement
before installing or using Nevron Software Products, and/or
all related materials.
This License Agreement is a legal agreement between you
("You"), either a person or a single entity, such as a
company or organization, and Nevron LLC ("Nevron"), for
the Nevron Software Products, which includes computer
software, and may include associated media, printed
materials, and online or electronic documentation (such
products and materials being hereinafter referred to as
"Software").
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE,
YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE
AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS LICENSE AGREEMENT AND DO NOT INDICATE YOUR ACCEPTANCE,
YOU WILL NOT BE PERMITTED TO USE NEVRON SOFTWARE.
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|  |  | 1. General License Grants and Limitations |  |
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 |  | Software Ownership
This is a license agreement and NOT an agreement for sale. Nevron owns
the title, copyright, and other intellectual property rights in the
Software. The Software is licensed, not sold. The Software is protected
by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties.
1.1. General License Grant.
The Software is licensed per individual developer using the Software for
development purposes. Each developer who desires to use the Software must
hold a valid license. Nevron grants to you, as an individual, a personal,
single, nonexclusive license to use the Software, and to make and use
copies of the Software for the purposes of designing, developing, testing,
and demonstrating your software product, provided that you are the only
individual using the Software. If you are an entity, Nevron grants to you,
as a single entity, a personal, single, nonexclusive license to use the
Software, and to make and use copies of the Software, provided that for
each individual using the Software within your organization, you have
acquired a separate and valid license.
The licensed version(s) of the Software in the package are royalty free
for use in compiled application(s) only. You agree that you are licensing
the Software for its end use only and not for resale or redistribution.
Such activities may be performed only by Nevron authorized resellers.
The redistribution restriction does not apply to the demo version of the
Software.
The standard 1 developer license also includes 1 web server license.
Additional web server licenses must be obtained if your application(s) is
going to be deployed on more than one commercial web servers. Nevron
doesn't charge for test servers. There is no restriction on the number
of CPU units in the web server. Please refer to Nevron for any special
licensing requirements you may have.
Nevron does not permit the distribution of applications compiled with the
evaluation version of the Software except for demo and testing purposes.
You are free to use the evaluation version of the Software for such
purposes for an unlimited period of time.
1.2. DEVELOPER LICENSE: For a single developer license, you are
granted a license as a single developer (individual) to the particular
licensed version of the Software. You are granted the right as a single
individual to distribute your application(s) compiled with Nevron Software
incurring no royalty-fee, regardless of the number of copies you
redistribute or the price of your application(s), provided that the
application(s) are developed solely by you. You may not distribute Nevron
Software Products in order to use them in development environments or
tools developed by you and must ensure that Nevron Software cannot be
re-used for any purpose outside of your distributed application(s). If
you use Nevron Software in such application(s) the users of these
application(s) must also obtain a developer license as they are also
considered developers that use Nevron Software.
1.3. SUBSCRIPTION LICENSE: The Subscription License is built on
top of the Developer License. You are further granted a license as a
single developer (individual) to all versions of the particular licensed
Software released during the period of the subscription.
1.4. SOURCE CODE LICENSE: For Source Code license, you are granted
a license with full Source Code as a single developer (individual) to the
particular licensed version of the Software.
The following requirements are applicable only to owners of source code licenses.
1.4.1. Source code modification
You are granted the right to view, modify and extend the Source Code in
order to meet any type of additional functionality required by your
application(s). You may distribute the Source Code in compiled form
provided that you comply with the distribution requirements outlined in
section 2.1, 2.2 and 2.3.
1.4.2. No Source code distribution.
You may not distribute or share the Source Code, parts of it, design
patterns, algorithms and any other information related to it to third
parties.
1.4.3. Nevron retains all rights to refuse to sell a source code license
to any individual, company or other type of entity.
1.5. OEM Licensing
Nevron provides a flexible OEM licensing program to suite customers'
requirements for an OEM integration solution. Please refer to
Nevron Sales for the OEM / Software
Integration Program.
1.6. Academic (Educational) Licensing
1.6.1. Eligibility requirements
Nevron offers qualified Educational Institutions or Organizations and
eligible Academic End Users the ability to buy educational licenses of
the Software at discount prices for educational purposes.
1.6.2. Additional Limitations for Academic licensees
You may not use the software for commercial purposes if you purchase an
educational license.
1.7. Documentation.
You may make and use an unlimited number of copies of any documentation,
provided that such copies shall be used only for personal purposes and
are not to be republished or distributed (either in hard copy or "online",
or in electronic form) beyond your premises, and provided that you do not
remove or obscure any trademark or copyright, that appear on the
documentation of the Software, as delivered to you by Nevron.
1.8. Archival or Backup Copies.
You may copy the Software for backup and archival purposes, provided
that the original and each copy are kept in your possession and that your
installation and use of the Software does not exceed that allowed in the
"General License Grant" section above.
1.9. Redistributable code.
You may not redistribute any part of the Software, except the run-time
assemblies (.dlls). These dlls may only be redistributed upon your
compliance with the Redistributable Code License rights described below.
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|  |  | 2. Redistributable Code - Additional License Rights and Distribution Requirements |  |
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In addition to the rights granted above, the assemblies (.dll)
("the Redistributable"), is provided to you with additional license
rights and distribution requirements.
2.1. Additional License Rights
Nevron grants you a limited, nonexclusive, royalty-free license to
distribute the assemblies in the Software, so long as you redistribute
such content in its entirety and do not modify such content in any way.
2.2. Distribution Requirements
The assemblies can be redistributed, in conjunction with and as a part
of a software application product ("Licensee Software") developed by you
and that furthermore complies with section 2.3 of this License Agreement.
The Licensee Software must display your own valid copyright notice which
shall be sufficient to protect Nevron's copyright in the Redistributable.
You can not remove or obscure any trademark or copyright, that appears on
the Software as delivered to you by Nevron. If you choose to redistribute
the dlls, you also agree: (i) to indemnify, hold harmless, and defend
Nevron from and against any claims or lawsuits, including attorney's
fees, resulting from the use or distribution of the Licensee Software;
(ii) to comply with the terms of this License Agreement; (iii) to permit
further distribution of the Redistributable by your end users, only if
they comply with all restrictions of this License Agreement that are
applicable to you; (iv) and agree that Nevron reserves all rights not
expressly granted.
2.3. Non-competition clause
The Licensee Software can not compete with the Software. Under no
circumstances may the product 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 Nevron Software.
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|  |  | 3. Other rights and limitations |  |
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 |  | 3.1. Reservation of Rights and Title
Nevron reserves all rights not expressly granted to you in this License
Agreement. The Software is protected by copyright and other intellectual
property laws and treaties. Nevron owns the title, copyright, and other
intellectual property rights in the Software. ANY USE OR DISCLOSURE OF
THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS, INTERFACES, OTHER THAN IN
STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE, AS A
VIOLATION OF OUR TRADE SECRET RIGHTS.
3.2. No Reverse Engineering, no decompilation and no disassembly
You may not reverse engineer, decompile, or disassemble the Software.
3.3. No sublicensing, rental, no leasing and no lending
You may not sublicense, rent, lease or lend any portion of the Software.
3.4. No storing onto a server
You may not place the Software onto a server so that it is accessible via
a public network such as an Intranet or the Internet.
3.5. Transfers
The license for the Software may not be transferred or assigned to
anyone without the prior written consent of Nevron. Any authorized
transferee of the Software shall be bound by the terms and conditions of
the License Agreement.
3.6. Consent to Use of Technical Data
You agree that Nevron may use technical information gathered as part of
the product support services provided to you, if any, related to the
Software. Nevron may use this information to improve the Software or to
provide customized services to you and will not disclose this information
in a form that personally identifies you.
3.7. Additional Software/ Updates
This License Agreement applies to updates, supplements, add-on components,
or Internet-based services, of the Software that Nevron may provide to
you or make available to you after the date you got your initial copy of
the Software, unless Nevron provides other terms along with the updates,
supplements, add-on components, or Internet-based services components, of
the Software.
3.8. Upgrades
To use a version of the Software identified as an upgrade, you must first
be licensed for the version of the Software identified by Nevron as
eligible for the upgrade. After upgrading, you will no longer receive Support
for the Software that formed the basis for the upgrade.
3.9. Termination
This License Agreement takes effect upon your use of the Software and
your acceptance. This License Agreement will terminate if you fail to
comply with any term or condition described in this License Agreement.
You agree, on termination of this License Agreement, to destroy the copy
of the Software in your possession, including all updates, supplements,
add-on components, or Internet-based services, of the Software that
Nevron has provided to you.
3.10. NO WARRANTIES.
NEVRON EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE
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 OR FITNESS FOR A PARTICULAR PURPOSE.
3.11. NO LIABILITIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEVRON
OR ITS SUPPLIERS OR RESELLERS 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,
OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF
NEVRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3.12. Assignment.
You represent that you are acting on behalf of yourself and/or your employer
(either as an individual user, corporation or single entity) and are authorized
to accept the terms and conditions of this License Agreement on its behalf.
3.13. Entire Agreement.
This License Agreement (including any addendum or amendment to this Agreement
which is included with the Software) is the exclusive and entire agreement
between you and Nevron relating to the Software and supersedes any and all
prior oral or written agreements, proposals, negotiations and representations
with respect to the Software or any other subject matter covered by this Agreement.
This License Agreement may be modified only by writing, signed by Nevron and you.
If any provision of this Agreement is held to be void, invalid, unenforceable or
illegal, the other provisions shall continue in full force and effect.
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