EULA

Standard End-user License Agreement

THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.

1. OWNERSHIP, LICENSE GRANT

This is a license agreement and not an agreement for sale. We reserve ownership 
of all intellectual property rights inherent in or relating to the Software, 
which include, but are not limited to, all copyright, patent rights, all rights 
in relation to registered and unregistered trademarks (including service marks), 
confidential information (including trade secrets and know-how) and all rights 
other than those expressly granted by this License Agreement.

Subject to the payment of the fee required and subject to the terms and 
conditions of this License Agreement, We grant to You a revocable, non- 
transferable and non-exclusive license (i) for Designated User(s) (as defined 
below) within Your organization to install and use the Software on any 
workstations used exclusively by such Designated User and (ii) for You 
to install and use the Software in connection with unlimited domains and 
sub-domains on unlimited servers, solely in connection with distribution of the 
Software in accordance with sections 3 and 4 below. This license is not 
sublicensable except as explicitly set forth herein. “Designated User(s)” shall 
mean Your employee(s) acting within the scope of their employment or Your 
consultant(s) or contractor(s) acting within the scope of the services they 
provide for You or on Your behalf for whom You have purchased a license to use 
the Software.

2. PERMITTED USES, SOURCE CODE, MODIFICATIONS

We provide You with source code so that You can create Modifications of the 
original Software, where Modification means: a) any addition to or deletion from 
the contents of a file included in the original Software or previous 
Modifications created by You, or b) any new file that contains any part of the 
original Software or previous Modifications. While You retain all rights to any 
original work authored by You as part of the Modifications, We continue to own 
all copyright and other intellectual property rights in the Software.

3. DISTRIBUTION

You may distribute the Software in any applications, frameworks, or elements 
(collectively referred to as an “Application” or “Applications”) that you 
develop using the Software in accordance with this License Agreement, provided 
that such distribution does not violate the restrictions set forth in section 4 
of this License Agreement. You must not remove, obscure or interfere with any 
copyright, acknowledgment, attribution, trademark, warning or disclaimer 
statement affixed to, incorporated in or otherwise applied in connection with 
the Software.

You are required to ensure that the Software is not reused by or with any 
applications other than those with which You distribute it as permitted herein. 
For example, if You install the Software on a customer’s server, that customer 
is not permitted to use the Software independently of Your application, and 
must be informed as such.

You will not owe Us any royalties for Your distribution of the Software in 
accordance with this License Agreement.

4. PROHIBITED USES

You may not, without Our prior written consent, redistribute the Software or 
Modifications other than by including the Software or a portion thereof within 
Your own product, which must have substantially different functionality than 
the Software or Modifications and must not allow any third party to use the 
Software or Modifications, or any portions thereof, for software development or 
application development purposes. You are explicitly not allowed to redistribute 
the Software or Modifications as part of any product that can be described as 
a development toolkit or library, an application builder, a website builder or 
any product that is intended for use by software, application, or website 
developers or designers. You may not change or remove the copyright notice from 
any of the files included in the Software or Modifications.

You may not redistribute the Software as part of a product, "appliance" or 
"virtual server". You may not redistribute the Software on any server which is
not directly under Your control.

UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE FOR A PRODUCT THAT IS INTENDED 
FOR SOFTWARE OR APPLICATION DEVELOPMENT PURPOSES.

5. TERMINATION

This License Agreement and Your right to use the Software and Modifications will
terminate immediately without notice if You fail to comply with the terms and 
conditions of this License Agreement. Upon termination, You agree to immediately 
cease using and destroy the Software or Modifications, including all 
accompanying documents. The provisions of sections 4, 5, 6, 7, 8, 9, 10 and 12 
will survive any termination of this License Agreement.

6. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM
 ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT 
 LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR 
 PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT 
 GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, 
 AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.

7. LIMITATION OF LIABILITIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR 
SUPPLIERS 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 LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN 
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR 
ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED 
TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.

8. VERIFICATION

We or a certified auditor acting on Our behalf, may, upon its reasonable request 
and at its expense, audit You with respect to the use of the Software. Such audit 
may be conducted by mail, electronic means or through an in-person visit to Your 
place of business. Any such in-person audit shall be conducted during regular 
business hours at Your facilities and shall not unreasonably interfere with Your 
business activities. We shall not remove, copy, or redistribute any electronic 
material during the course of an audit. If an audit reveals that You are using 
the Software in a way that is in material violation of the terms of the License 
Agreement, then You shall pay Our reasonable costs of conducting the audit. 
In the case of a material violation, You agree to pay Us any amounts owing that 
are attributable to the unauthorized use. In the alternative, We reserve the 
right, at Our sole option, to terminate the licenses for the Software.

9. THIRD PARTY SOFTWARE

Examples included in Software may provide links to third party libraries or code 
(collectively “Third Party Software”) to implement various functions. 
Third Party Software does not comprise part of the Software. In some cases, 
access to Third Party Software may be included along with the Software delivery 
as a convenience for demonstration purposes. Such source code and libraries may 
be included in the “…/examples” source tree delivered with the Software and do 
not comprise the Software. Licensee acknowledges (1) that some part of Third 
Party Software may require additional licensing of copyright and patents from 
the owners of such, and (2) that distribution of any of the Software 
referencing or including any portion of a Third Party Software may require 
appropriate licensing from such third parties.

10. PAYMENT AND TAXES

If credit has been extended to You by Us, all payments under this License 
Agreement are due within thirty (30) days of the date We mail an invoice to You. 
If We have not extended credit to You, You shall be required to make payment 
concurrent with the delivery of the Software by Us. All amounts payable are 
gross amounts but exclusive of any value added tax, use tax, sales tax or 
similar tax. You shall be entitled to withhold from payments any applicable 
withholding taxes and comply with all applicable tax and employment legislation. 
Each party shall pay all taxes (including, but not limited to, taxes based upon 
its income) or levies imposed on it under applicable laws, regulations and tax 
treaties as a result of this Agreement and any payments made hereunder 
(including those required to be withheld or deducted from payments). Each party 
shall furnish evidence of such paid taxes as is sufficient to enable the other 
party to obtain any credits available to it, including original withholding tax 
certificates.

11. MISCELLANEOUS

The license granted herein applies only to the version of the Software available 
when purchased in connection with the terms of this License Agreement. 
Any previous or subsequent license granted to You for use of the Software shall 
be governed by the terms and conditions of the agreement entered in connection 
with purchase of that version of the Software. You agree that you will comply 
with all applicable laws and regulations with respect to the Software, including 
without limitation all export and re-export control laws and regulations.

While redistributing the Software or Modifications thereof, You may choose 
to offer acceptance of support, warranty, indemnity, or other liability 
obligations and/or rights consistent with this License Agreement. However, in 
accepting such obligations, You may act only on Your own behalf and on Your sole 
responsibility, not on Our behalf. You agree to indemnify, defend, and hold Us 
harmless from and against any liability incurred by, or claims asserted against, 
Us (i) by reason of Your accepting any such support, warranty, indemnity or 
additional liability; or (ii) arising out of the use, reproduction or 
distribution of Your Application, except to the extent such claim is solely based 
on the inclusion of the Software therein.

You agree to be identified as a customer of ours and You agree that We may refer 
to You by name, trade name and trademark, if applicable, and may briefly describe 
Your business in our marketing materials and web site.

You may not assign this License Agreement without Our prior written consent, 
which will not be unreasonably withheld. This License Agreement will inure to 
the benefit of Our successors and assigns.

You acknowledge that this License Agreement is complete and is the exclusive 
representation of our agreement. No oral or written information given by Us or 
on our behalf shall create a warranty or collateral contract, or in any way 
increase the scope of this License Agreement in any way, and You may not rely 
on any such oral or written information. No term or condition contained in any 
purchase order shall apply unless expressly accepted by Us in writing.

There are no implied licenses or other implied rights granted under this License 
Agreement, and all rights, save for those expressly granted hereunder, shall 
remain with Us and our licensors. In addition, no licenses or immunities are 
granted to the combination of the Software and/or Modifications, as applicable, 
with any other software or hardware not delivered by Us to You under this License 
Agreement.

If any provision in this License Agreement shall be determined to be invalid, 
such provision shall be deemed omitted; the remainder of this License Agreement 
shall continue in full force and effect. If any remedy provided is determined 
to have failed for its essential purpose, all limitations of liability and 
exclusions of damages set forth in this License Agreement shall remain in effect.

This License Agreement may be modified only by a written instrument signed by 
an authorized representative of each party.

If the Software or any related documentation is licensed to the U.S. government
or any agency thereof, it will be deemed to be “commercial computer software” 
or “commercial computer software documentation,” pursuant to DFAR Section 
227.7202 and FAR Section 12.212. Any use of the Software or related documentation 
by the U.S. government will be governed solely by the terms of this License Agreement.