DNNMasters END USER LICENSE AGREEMENT (EULA)
Please review the following license agreement before installing or using the licensed DNNMasters software product and/or its related materials.
Definitions:
This DNNMasters End-User Software License Agreement ("EULA") is a legal agreement between you (either as an individual user, corporation or single entity) and DNNMasters for a product which includes computer software, and may include associated media, printed materials, and online or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). By exercising your rights to install the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA, including the limitations and warranty disclaimers.
If you do NOT agree to the terms of this EULA, please return the SOFTWARE PRODUCT and immediately destroy all copies of the SOFTWARE PRODUCT in your possession.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF LICENSE.
This is a license agreement, and NOT an agreement for sale. DNNMasters retains ownership of the copy of THE SOFTWARE in your possession, and all copies you may be licensed to make. DNNMasters retains all rights not expressly granted to you in this LICENSE.
DNNMasters hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify THE SOFTWARE only as authorized below.
When the source code is provided with the SOFTWARE PRODUCT, DNNMasters grants you the right to modify, alter, improve, or enhance the SOFTWARE PRODUCT without limitation, except as described in this EULA.
Although rights to modification of the SOFTWARE PRODUCT are granted by this EULA, you may not tamper with, alter, or use the SOFTWARE PRODUCT in a way that disables, circumvents, or otherwise defeats its built-in licensing verification and enforcement capabilities. The right to modification of the SOFTWARE PRODUCT also does not include the right to remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the SOFTWARE PRODUCT.
Any modifications made to the SOFTWARE PRODUCT will render it non-supportable by DNNMasters. You may, at your discretion, contact DNNMasters about distribution of the altered SOFTWARE PRODUCT, and if agreeable terms can be determined, the software product may be distributed according to the agreement. The altered SOFTWARE PRODUCT will become supported by the party designated in the agreement between DNNMasters and the user. Ownership of the altered SOFTWARE PRODUCT is transferred to the party designated in the agreement between DNNMasters and the user. You may not distribute or redistribute changes made to the SOFTWARE PRODUCT to anyone other than groups designated by the agreement between DNNMasters and the user. Contact DNNMasters using the information included at the end of this document.
Although the source code for the SOFTWARE PRODUCT may be included, you may not share, use, or reuse the knowledge or technologies in other applications without explicit approval from DNNMasters.
You may make copies of the SOFTWARE PRODUCT as is reasonably necessary for its use. Each copy must reproduce all copyright and other proprietary rights notices on or in the SOFTWARE PRODUCT.You may not modify or create derivative copies of the SOFTWARE PRODUCT License.
All rights not expressly granted to you are retained by DNNMasters.
Provided that you have accepted the terms contained herein, this EULA grants you the following rights:
A) If you purchased a STANDARD (HOST) LICENSE: You are granted a license to install the SOFTWARE PRODUCT on a single production web server, and use it for a single DotNetNuke installation (instance). You are also permitted to use the same license for one non-production development server and one staging server.
STANDARD (HOST) LICENSE SOURCE CODE: If you purchased a STANDARD (HOST) LICENSE with the Source Code for the SOFTWARE PRODUCT, you are further licensed to view the source code of the SOFTWARE PRODUCT and modify it for use as described above. Under no circumstances may the source code or products developed by using the source code be re-distributed in any form.
B) If you purchased an ENTERPRISE LICENSE: You are granted a license to install the SOFTWARE PRODUCT on unlimited production web servers, and use it for unlimited DotNetNuke installations (instances) within the Enterprise (legal entity).
ENTERPRISE LICENSE SOURCE CODE: If you purchased an ENTERPRISE LICENSE with the Source Code for the SOFTWARE PRODUCT, you are further licensed to view the source code of the SOFTWARE PRODUCT and modify it for use as described above. Under no circumstances may the source code or products developed by using the source code be re-distributed in any form.
C) If you purchased a HOSTING LICENSE: You are granted a license to install the SOFTWARE PRODUCT on a single production (machine or virtual machine) web server, and use it for unlimited DotNetNuke installations (instances) on that server. You are also permitted to use the same license for one non-production development server and one staging server. You are also permitted to allow the usage of THE SOFTWARE PRODUCT by any third party that uses HOSTING SERVICES provided by you.
HOSTING LICENSE SOURCE CODE: If you purchased a STANDARD (HOST) LICENSE with the Source Code for the SOFTWARE PRODUCT, you are further licensed to view the source code of the SOFTWARE PRODUCT and modify it for use as described above. Under no circumstances may the source code or products developed by using the source code be re-distributed in any form.
D) If you purchased a DEVELOPER LICENSE: You are granted a license for a single developer (individual) within your organization to distribute the SOFTWARE PRODUCT royalty-free with an unlimited number of ASP.NET applications to an unlimited number of web servers, provided they are developed solely by that developer. At no time may the SOFTWARE PRODUCT be used by more than one individual at the same time for development purposes -- nor may the SOFTWARE PRODUCT be distributed for use with applications other than those developed by her/him. Any application with which the SOFTWARE PRODUCT is distributed must add significant functionality to the SOFTWARE PRODUCT and must not contain the same, or substantially the same, functionality as any DNNMasters product.
You are required to ensure that the SOFTWARE PRODUCT is not distributed in any form that allows it to be reused by any application other than that with which you distribute it. For example, if you install an ASP.NET control along with a packaged application on a customer's server, that customer is not permitted to use the control independent of your application.
Developer LICENSE SOURCE CODE: If you purchased a DEVELOPER LICENSE with the Source Code for the SOFTWARE PRODUCT, you are further licensed to view the source code of the SOFTWARE PRODUCT and modify it for your own needs or for redistribution. Under no circumstances may the source code be re-distributed in any non-compiled form, or used as the basis for creating a product that contains the same, or substantially the same, functionality as any DNNMasters product.
For All Licenses:
Regardless of the type of license purchased, if the SOFTWARE PRODUCT includes reusable software such as controls, components, plug-ins, stylesheets, etc. you may not use any of these independently of the SOFTWARE PRODUCT.
In no case shall you rent, lease, lend, redistribute nor re-license THE SOFTWARE PRODUCT or source code to a 3rd party individual or entity, except as outlined above. In no case shall you grant further redistribution rights for THE SOFTWARE PRODUCT to the end-users of your solution.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Termination. Without prejudice to any other rights, DNNMasters 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 SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.
3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY DNNMasters.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images,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 DNNMasters except for certain portions for which DNNMasters has obtained redistribution rights from the title or copyright holder. The SOFTWARE PRODUCT is protected by Polish and U.S. copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
You must not remove or alter any copyright notices on any copies of the SOFTWARE PRODUCT. This
SOFTWARE PRODUCT copy is licensed, not sold. You may not use, copy, or distribute the SOFTWARE PRODUCT, except as granted by this EULA, without written authorization from DNNMasters or its designated agents. Furthermore, this EULA does not grant you any rights in connection with any trademarks or service marks of DNNMasters.
DNNMasters reserves all intellectual property rights, including copyrights, and trademark rights.
4. SUPPORT SERVICES
DNNMasters may provide you with support services related to the SOFTWARE PRODUCT. Use of any such support services is governed by DNNMasters policies and programs described in online documentation and/or other DNNMasters provided materials.
As part of these support services, DNNMasters may make available bug lists, planned feature lists, and other supplemental informational materials. DNNMasters MAKES NO WARRANTY OF ANY KIND FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS. FURTHERMORE, YOU MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE AGAINST DNNMasters .
Any supplemental software code or related materials that DNNMasters provides to you as part of the support services, in periodic updates to the SOFTWARE PRODUCT or otherwise, is to be considered part of the SOFTWARE PRODUCT and is subject to the terms and conditions of this EULA.
With respect to any technical information you provide to DNNMasters as part of the support services, DNNMasters may use such information for its business purposes without restriction, including product support and development.
DNNMasters will not use such technical information in a form that personally identifies you without first obtaining your permission.
5. LIMITED WARRANTY.
NO WARRANTIES.
DNNMasters 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 non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
6. LIMITATION OF LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
In no event shall DNNMasters 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 financial loss) arising out of the use of or inability to use this DNNMasters product (THE SOFTWARE PRODUCT) and related materials, even if DNNMasters has been advised of the possibility of such damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
7. HIGH RISK ACTIVITIES.
The SOFTWARE PRODUCT is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the SOFTWARE PRODUCT, or any software, tool, process, or service that was developed using the SOFTWARE PRODUCT, could lead directly to death, personal injury, or severe physical or environmental damage.
Accordingly, DNNMasters and its suppliers and licensors specifically disclaim any express or implied warranty of fitness for High Risk Activities. You agree that DNNMasters and its suppliers and licensors will not be liable for any claims or damages arising from the use of the SOFTWARE PRODUCT, or any software, tool, process, or service that was developed using the SOFTWARE PRODUCT, in such applications.
8. GENERAL.
If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect.
A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
9. MISCELLANEOUS.
DNNMasters do not hereby consent to any of your general terms or conditions. The terms and conditions contained in this License Agreement may not be modified except in a writing duly signed by you and DNNMasters. This License Agreement shall be governed by the laws of the Country of Poland, without regardto conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the court sitting in the city of Limanowa, Poland.
10. CONTACT INFORMATION.
If you have any questions regarding this End User License Agreement, please email:
support [ at ] DNNMasters.com