License Agreement
FULCRUMWEB RAD FRAMEWORK END-USER LICENSE AGREEMENT
By installing or using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement.
READ CAREFULLY
This license agreement (“LICENSE”) is a legal agreement between you (either an individual or a single entity, also referred to as “YOU”) and FulcrumWeb, (“FULCRUMWEB”), for the software containing this LICENSE which may also include the software’s source code written in a high-level computer language, associated media, printed materials, and “online” or electronic documentation (collectively referred to as “SOFTWARE”).
SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. FULCRUMWEB retains all rights not expressly granted to you in this LICENSE.
I. GRANT OF LICENSE
FULCRUMWEB hereby grants to you, and you accept, a non-exclusive, non-transferable license to install, copy, use and modify the SOFTWARE only as authorized below.
TRIAL LICENSE
You are granted a license for evaluation purposes only. You are authorized to install, copy, and use the SOFTWARE for the sole purpose of testing its functionality. You are not allowed to integrate it in end products or use it for any commercial purpose.
Source Code
As part of the TRIAL LICENSE you are granted the right to view and modify the SOFTWARE’s source code only as authorized below:
* The SOFTWARE’s source code is provided for the sole purposes of education and troubleshooting. The SOFTWARE’s source code cannot be used as a basis of development of derivative works or other software products.
* Under no circumstances may any portion of the SOFTWARE’s source code or any modified version of the source code be distributed, disclosed or otherwise made available to any third party.
* FULCRUMWEB DOES NOT provide technical support for modified source code.
* The SOFTWARE’s source code is provided as is.
* In the event you develop any troubleshooting-related modifications of the SOFTWARE, either independently or jointly with FULCRUMWEB, such modifications and all rights associated therewith will be the exclusive property of FULCRUMWEB. You are granted the right to use such modifications as set forth in this agreement.
* You acknowledge that the SOFTWARE’s source code contains valuable and proprietary trade secrets of FULCRUMWEB. All individuals employed by or belonging to your entity agree to expend every effort to insure its confidentiality. You agree to assume full responsibility for such employees’ or contractors’ use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on FULCRUMWEB information, or approved in writing for release by FULCRUMWEB without restriction.
II. OTHER RIGHTS AND LIMITATIONS
* At no time may the SOFTWARE be used for development purposes by other individuals than the licensed developer(s).
* You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights. Under no circumstances shall you grant further redistribution rights to the end-users of your solution.
* You may not use the FULCRUMWEB product names, logos or trademarks to market YOUR SOFTWARE.
* You are not allowed to 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.
* You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.
* You agree to indemnify, hold harmless, and defend FULCRUMWEB and its resellers from and against any and all claims or lawsuits including attorney’s fees that arise or result from the use or distribution of YOUR SOFTWARE
III. DELIVERY
FULCRUMWEB shall deliver to you a master copy of the SOFTWARE licensed hereunder in electronic files only. Documentation shall also be provided in electronic format.
IV. TERMINATION
This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. FULCRUMWEB may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE and any applicable source code.
FULCRUMWEB reserves the right to discontinue at any time any product, shall it be offered individually or as a part of a product SUITE. However, FULCRUMWEB is obligated to provide the proper level of support for all discontinued products for a period of 1 (one) year after the date of discontinuance.
V. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of FULCRUMWEB are owned by FULCRUMWEB. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content.
VI. DISCLAIMER OF WARRANTIES
VII. LIMITATION OF LIABILITY
FULCRUMWEB SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY LOST DATA, REVENUE OR PROFITS, OR FOR ANY DIRECT OR INDIRECT DAMAGES, INJURIES OR LIABILITIES, CAUSED DIRECTLY OR INDIRECTLY BY THE USE OF THE LICENSED SOFTWARE, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EVEN IF FULCRUMWEB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
