Mainsoft's Developer Edition End User License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE SOFTWARE OR ANY ACCOMPANYING DOCUMENTATION (TOGETHER, THE "SOFTWARE"). THE TERMS AND CONDITIONS OF THIS DEVELOPER EDITION END USER LICENSE AGREEMENT ("AGREEMENT") GOVERN YOUR USE OF THE SOFTWARE. Mainsoft Corporation ("Mainsoft") is willing to license the Software to you ("you" or the "Developer") only upon the condition that you accept all the terms contained in this Agreement. By clicking on the "I accept" button below or by downloading, installing or using the Software, you have indicated that you understand this Agreement and accept all of its terms. If you do not accept all the terms of this Agreement, then Mainsoft is unwilling to license the Software to you. Definitions for capitalized terms not otherwise defined herein appear at the end of this Agreement. 1. GRANT OF LICENSES. Development License. Subject to your compliance with the terms and conditions of this Agreement, Mainsoft grants to you a perpetual, personal, non-exclusive, non-transferable, worldwide license for a single user (you) to: (a) internally use the Software to create Developer Applications, solely in a Small Workgroup Configuration; (b) develop, compile and build Developer Applications using the Software, solely in a Small Workgroup Configuration ; and (c) make copies of the Software on more than one computer, as long as you are the only user of the Software. Internal Deployment License. Subject to your compliance with the terms and conditions of this Agreement, Mainsoft grants you a perpetual, personal, non-exclusive, non-transferable, worldwide license to: (a) reproduce the Redistributable Components solely when integrated into a Developer Application; and (b) install a Developer Application on computers at the Designated Site solely in a Small Workgroup Configuration. The Redistributable Components, required for execution of a Developer Application on larger workgroup configurations, are marketed by Mainsoft as a commercial end user product that is available to enterprises only under the terms of a separate agreement to be entered into with Mainsoft. Prohibited Distribution. Copying and redistributing, in any form, a Developer Application to your direct or indirect customers is prohibited. The Redistributable Components, required for execution of a Developer Application, are marketed by Mainsoft as a commercial end user product that is available to software vendors and distributors for redistribution only under the terms of a separate agreement to be entered into with Mainsoft. No Other Rights. Your rights in, and to make use of, the Software are limited to those expressly granted in this Section. You will make no other use of the Software. Except as expressly licensed in this Section, Mainsoft grants you no other rights or licenses, by implication, estoppels or otherwise. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY MAINSOFT OR ITS SUPPLIERS. 2. RESTRICTIONS. You will not: (a) modify, translate, reverse engineer, decompile, disassemble, create derivative works of the Software or copy the Software (except for the back-up copy of the Software); (b) rent, lend, transfer, distribute or grant any rights in the Software in any form to any person; or (c) remove any proprietary notices, labels or markings on the Software. 3. OWNERSHIP. The Software is and will remain the sole and exclusive property of Mainsoft, including all intellectual property rights therein, even when integrated with a Developer Application or any other products. 4. TERM. This Agreement remains effective until terminated. You may terminate it any time by destroying all copies of the Software in your possession or control. This Agreement will automatically terminate without notice if you breach any term of this Agreement. Upon termination, you must promptly destroy all copies of the Software in your possession or control. 5. WARRANTY & DISCLAIMER. The Software is provided "AS IS", without warranty of any kind. MAINSOFT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MAINSOFT OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some jurisdictions do not allow limitations on how long an implied warranty last, so the above limitation may not apply to you. All warranties implied by statute are limited ten (10) days. 6. LIMITATION OF LIABILITY. MAINSOFT’S TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO AND WILL NOT EXCEED $100. IN NO EVENT WILL MAINSOFT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) OR FOR THE COST OF PROCURING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE SOFTWARE, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MAINSOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. 7. COMPLIANCE WITH LAW. You agree that you do not intend to, and will not, directly or indirectly, export or re-export: (a) any Software or related documentation or technical data; or (b) any product (or any part thereof), process or service that is the direct product of any Software, to any country, person, entity or end user without the appropriate United States and foreign government export licenses. Restricted countries currently include, but are not necessarily limited to, Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. 8. GENERAL. This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any action arising out of any dispute between any of the parties to this Agreement shall be brought in either the Superior Court for the County of Santa Clara or the United States District Court for the Northern District of California, and each of the parties hereto hereby submits itself to the jurisdiction of such courts for purposes of any such action. You may not assign or transfer this Agreement or any rights granted hereunder, by operation of law or otherwise, without Mainsoft’s prior written consent, and any attempt by you to do so, without such consent, will be void and of no effect. If any provision of this Agreement is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in full force. Visual Basic®, Visual Studio® and Windows are either registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries. Apache Tomcat is a trademark or registered trademark of The Apache Software Foundation in the United States and other countries. 9. CONTACT. If you have any questions regarding this Agreement, you may contact Mainsoft at 698 Tasman Drive, Milpitas, CA 95035, or at www.mainsoft.com. 10. DEFINITIONS. "Designated Site" means the location at the physical address designated by you during the registration process and as updated by you in your profile at Mainsoft’s developer zone. "Developer Application" means your software application, (a) developed using Visual Studio .NET, or successor product; (b) modified by use of the Software; and (c) including the Redistributable Components to execute on an Apache Tomcat application server. "Redistributable Components" means the Java archive files provided as part of the Software, integrated into a Developer Application and required to execute the Developer Application on an Apache Tomcat application server. "Small Workgroup Configuration" means a Java-based hardware and software configuration supporting the execution of a Developer Application and limited to (a) Apache Tomcat excluding any other Java EE application servers and (b) single CPU (Central Processing Unit) computers excluding computers with multiple CPUs’ and excluding cluster or grid of computers. "Software" means Mainsoft's application development tools and Runtime Libraries, Mainsoft, which enable C# and Visual Basic® developers to create Java 2 Platform, Enterprise Edition (Java™ EE) enterprise Web applications and Web services within Visual Studio® and related documentation.
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