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MsgConnect Commercial License
MsgConnect is available for use in commercial software according to Commercial License.
The license is given below. As it is written in legal language which is sometimes hard to understand, here's a brief explanation of it's terms in plain text.
- The rights given by Commercial License can not be obtained free of charge. If you want to use MsgConnect according to Commercial license, you have to pay a fee. The terms and fees for use of different modules are specified on registration page
- According to this license you have the right to use MsgConnect free of runtime fees in your end-user applications. Only the applications that are not distributed in complete source code are allowed to use MsgConnect. The goal of this statement is to prevent distribution of MsgConnect source code (distribution of MsgConnect source code is possible under GNU Public License).
- You have the right to distribute MsgConnect in compiled form with your end-user applications. Distribution of MsgConnect source code under Commercial License is strictly prohibited.
- If you are a developer of an ActiveX object, shared object, dynamic-link library, Java bean, Delphi component or other similar library that is developed for use by third-parties external to your company, please note that use and distribution of MsgConnect in middleware is not covered by this license. If you want to use MsgConnect in your middleware (as named before), please read about re-use in development solutions.
- MsgConnect is licensed on per-developer basis and one copy of MsgConnect can be installed on any number of computers as long as it is used by one developer.
- MsgConnect authors are not responsible for any damage caused by use or impossibility to use MsgConnect in your applications. However we engage ourselves to fix the reported bugs if possible.
Commercial License not only grants you the right to use MsgConnect, but it also makes additional modules available for your use.
EldoS Corporation is willing to license MsgConnect to you only upon the condition that you accept all the terms of this license.
1. Definitions.
This license defines and uses the following terms:
1.1. The Software -- MsgConnect source code, binary (machine-executeable) code in electronic, printed or other form that can be distributed and/or used, accompanying documentation, graphical materials including diagrams, block-schemes, logos, graphic art, MsgConnect sample code in electronic or printed form, batch scripts and configuration files, used to use and/or distribute MsgConnect in parts or in whole.
1.2. Licensee -- a company or individual who is given the right to use and/or distribute MsgConnect according to this license.
1.3. Licenser -- EldoS Corporation in whole represented by EldoS Corporation principal officer.
1.4. MiddleWare - software products which are developed by Licensee for use by third-parties (companies and individuals that are separate legal entities and not part of Licensee) for creation of third-party's software products and which are included as a part of third-party's software products. This includes, but is not limited by, Java classes, ActiveX objects, .NET asssemblies, Delphi components, Dynamic-Link Libraries, Shared Objects etc..
1.5. End-User Applications -- software products that are not classified as MiddleWare.
2. Scope of use.
2.1. This license is applied to use of The Software by any Licensee that has paid a fee as defined by EldoS Corporation and agreed to the terms of this license.
2.2. This license defines terms and conditions for use of Software in Licensee's End-User Applications.
2.3. This license does not grant to the Licensee the right to use The Software in development of MiddleWare. Such use is defined by other licenses.
3. Terms of use.
3.1. This license grants the Licensee non-exclusive, non-transferrable, royalty-free right to install and use The Software in software development.
3.2. The Software is owned by Licenser and is protected by copyright law, international copyright treaties, as well as other proprietary notices.
3.3. The total number of installed copies of The Software used by Licensee may not exceed the number of Licensed Copies paid for by the Licensee. One Installed Copy is defined to be a group of computer files in electronic form used by single software developer on any number of computers.
3.4. Distribution of The Software source code is prohibited. Licensee has the right to create a copy of The Software for backup and security purposes.
3.5. Distribution of binary code of The Software is allowed when The Software is included into End-User Applications of the Licensee as a part of software package.
4. Termination and transfer.
4.1. Rent, lease, sublicense or any other temporary transfer of rights given by this license is prohibited. Use of The Software by Licensee's subcontractors requires a separate license given to those subcontractors.
4.2. Transfer of the rights is allowed only after notifying the Licenser about such transfer and on a permanent basis provided that Licensee doesn't possess any copies of The Software received under terms of this license.
4.3. The license becomes effective the day the Licensee agrees to its terms and conditions.
4.4. The license terminates automatically if the Licenser fails to comply with the limitations described above.
4.5. The license can be terminated by Licensee at any time.
4.6. Upon termination of the license Licensee must destroy all copies of The Software received under terms of this license and all it's components on all systems and all types of media and in computer memory.
5. Warranty and Disclaimer.
5.1. The Software is provided by Licenser 'As Is'.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER DISCLAIMS ALL OTHER 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, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
5.3. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
5.4. Recognizing the importance of The Software to The Licensee, the Licenser will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.
6. Export restrictions.
6.1. The Software must not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations (collectively the "Export Laws") issued by the government of the USA or by UNO.
6.2. The Software must not be used in or exported to Iran, Iraq, Syria, Sudan, Libya, Cuba, North Korea, and Serbia and other countries identified as being under Embargo or to citizens of those countries.
7. Governing law.
7.1. This license will be governed by the laws of Virgin Islands (Britain). Should you have any questions regarding this license, you may contact EldoS Corporation by writing to EldoS Corporation, 2nd Floor, 145-157 St John Street, London, EC1V 4PY, United Kingdom
8. Compliance with the license.
8.1. If The Licensee is a business or organization, upon request from the Licenser the Licensee must provide information concerning compliance of use of The Software to the license.
8.2. All rights to use The Software are granted on condition that such rights are forfeited if the Licensee fails to comply with the terms of this license.
9. General Provisions.
9.1. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the license, which shall remain valid and enforceable according to its terms.
9.2. The license shall not prejudice the statutory rights of any party dealing as a consumer.
9.3. The license may only be modified by a writing signed by an EldoS Corporation principal officer.
9.4. Updates may be licensed to the Licensee by the Licenser with additional or different terms applied.
9.5. This is the entire agreement between the Licenser and the Licensee relating to The Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to The Software.
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