Software License Agreement - NetAdvantage ICONS
(Revised September 2008)
VERY IMPORTANT - READ CAREFULLY: This Infragistics Software License Agreement (hereinafter, this "LICENSE") is a legal agreement between you (either an individual or a single entity) and Infragistics, Inc. ("Infragistics"), for the software containing this LICENSE or products identified on the disk or CD-ROM enclosed with the package which contain(s) computer software and associated media and printed materials, and may include "on-line" or electronic documentation (the "SOFTWARE") and for which the CD-Key(s) are either provided on the back of the enclosed CD case or obtained through Infragistics or its authorized distributor.
IT IS NECESSARY FOR YOU TO AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE BEFORE YOU ARE PERMITTED TO CONTINUE TO INSTALL THE SOFTWARE. BY SELECTING THE "I ACCEPT" RADIO BUTTON, OR BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS ON LIABILITY AND TERMINATION PROVISIONS.
If you do not agree to the terms of this LICENSE click the "CANCEL" icon to EXIT NOW. The installation process will be terminated. You will be entitled to a full refund of the amount paid for the SOFTWARE provided you return the unused SOFTWARE to the place from which you obtained it within thirty (30) days of the date of purchase.
I. OWNERSHIP; LICENSE GRANT.
This is a license agreement and NOT an agreement for sale. Infragistics continues to own the copy of the SOFTWARE contained on the disk or CD-ROM and all copies thereof. Your rights to the SOFTWARE are specified in this LICENSE, and Infragistics retains all rights not expressly granted to you in this LICENSE. Infragistics hereby grants to you, and you accept, a non-exclusive, non-transferable license to use, copy and modify the SOFTWARE only as authorized below.
II. PERMITTED USES.
This LICENSE grants you the following rights:
A. The SOFTWARE is licensed per individual developer. You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same developer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk, CD-ROM, or other storage devise) of that computer. However, installation on a network server for the sole purpose of internal distribution to one or more other computer(s) shall not constitute "use" for which a separate license is required, provided you have a separate license for each individual developer to which the SOFTWARE is distributed.
B. Solely with respect to electronic documents included with the SOFTWARE, you may make a copy (either in hardcopy or electronic form) for each developer for which the SOFTWARE has been licensed as described in Section II.A, above; provided, that such copies shall be used only by such developer for internal purposes and are not to be republished or distributed to any other third party or developer.
C. You may use the trial versions and product tours, if any, as described on the CD-ROM, of the SOFTWARE included on the CD-ROM only for the limited purposes of demonstrations, trials and design time evaluations and running a product tour.
III. PROHIBITED USES.
You may not, without the prior written permission of Infragistics:
A. Disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only.
B. Use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.
C. Transfer, rent, lease, or sublicense the SOFTWARE.
D. Separate the icons included in the SOFTWARE for use by more than one user at a time; and
E. Allow an icon licensed hereunder to be detached or detachable from any SOFTWARE in which you include it.
A. In addition to the license and rights granted in Sections I and II, Infragistics grants you a nonexclusive, royalty-free right to reproduce and distribute the icons designated in the SOFTWARE documentation as redistributable icons; provided:
you distribute the icons in object code form only in conjunction with and as part of your software application product which adds significant and primary functionality;
you do not use Infragistics' name, logo or trademarks to market your software application product; and
you include a valid copyright notice on your software.
B. In In addition to the other requirements set forth in this Section IV, you hereby agree to indemnify, hold harmless, and defend Infragistics from and against any and all liabilities, damages, losses, costs and expenses (including reasonable attorneys' fees) arising from or related to any claim, action, proceeding or allegation that arises or results, either directly or indirectly, from the use and distribution of any of your software application product(s) or components.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animation, video, audio, music, text and "applets" incorporated into the SOFTWARE) and the accompanying printed materials are owned by Infragistics or its suppliers. The SOFTWARE is protected by United States copyright laws and international treaty provisions. All rights are reserved worldwide. You must treat the SOFTWARE like any other copyrighted material, except that you may, in addition to the copies permitted in this LICENSE, make one copy of the SOFTWARE solely for backup or archival purposes. No part of the accompanying printed materials may be reproduced, transmitted, transcribed, stored in any retrieval system, or translated into any language by any means without the express prior written permission of Infragistics.
This LICENSE and your right to use the SOFTWARE will terminate immediately without notice from Infragistics if you fail to comply with the terms and conditions of this LICENSE. Upon termination, you agree to destroy the SOFTWARE, including all accompanying documents and copies. This is in addition to and not in lieu of any criminal, civil or other remedies available to Infragistics. Infragistics credit policy will apply. Infragistics credit policy is available upon request.
VII. NO WARRANTY.
Infragistics does not warranty that the SOFTWARE will be error-free. The SOFTWARE IS LICENSED "AS IS". INFRAGISTICS DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR THE SOFTWARE
IN FURTHERANCE OF THE FOREGOING, INFRAGISTICS AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, PERFORMANCE, CURRENCY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE.
VIII. LIMITATION OF LIABILITIES.
Infragistics' liability, whether in contract, tort, or otherwise, arising out of your use of, or in connection with, the SOFTWARE, or otherwise under this Agreement, shall not exceed the amount of the license fee paid by you to Infragistics. IN NO EVENT SHALL INFRAGISTICS OR ITS 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 LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF INFRAGISTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some states and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or the exclusion of implied warranties or limitations on how long a warranty may last, so the limitations in Sections VII and VIII may not apply to you.
In the event of invalidity of any provision of this LICENSE, the parties agree that such invalidity shall not affect the validity of the remaining portions. You agree that you will not export or re-export the SOFTWARE without the appropriate United States or foreign government licenses. This LICENSE is governed by the laws of the State of New Jersey as applied to agreements entered into and to be performed entirely within New Jersey. This is the entire agreement between you and Infragistics which supersedes any prior agreement, whether written or oral, relating to this subject matter.