License Agreement Version 1.2

License agreement about using software by ZmeY soft (trade name: newObjects)
As for 2001 year ZmeY soft products are published under the trade name newObjects. In order to avoid confusions with the public information and WEB sites the name "newObjects" will be used in this agreement as an alias for ZmeY soft. 

This License Agreement between an user (USER) or developer (DEVELOPER) and newObjects regularizes the rights of the USER or DEVELOPER about operating and managing the newObjects Active Local Pages software product (called SOFTWARE PRODUCT below) of newObjects, to which the current agreement is applied. The SOFTWARE PRODUCT includes computer software and may include also printed materials, information carrier (MEDIA), documentation (in terms of computer files), as well as on-line support and access to references. By installing the SOFTWARE PRODUCT or using it by any means, the USER/DEVELOPER accepts the clauses of the current agreement. If the USER/DEVELOPER does not agree with the following terms, he must give back the SOFTWARE PRODUCT to his dealer for refund (or delete it - if the PRODUCT was obtained in a different way).

TERMS

The following terms shall have the meanings set forth herein. Unless otherwise defined, other terms used in this agreement shall be accorded their common meanings.

Machine. A personal computer or device with operating system supported by the SOFTWARE PRODUCT.

Redistributables. Set of files or package, which contains the vital part of the SOFTWARE PRODUCT, required by the other software products based on the SOFTWARE PRODUCT.

Personal Computing Equipment (PCE). A set of computing devices used by a single user only. For example a PCE may include a desktop workstation PC, laptop (portable PC) and a PDA or smartphone. 

User. A person or organization that uses the SOFTWARE PRODUCT on one or more PCE.

Developer. A person or organization that develops, sells, supports and/or distributes own software or hardware products dependent on features supplied by the SOFTWARE PRODUCT.

END USER LICENSE AGREEMENT

The SOFTWARE PRODUCT is protected by the local and international copyright laws, as well as any laws and contracts concerning the intellectual property. The SOFTWARE PRODUCT is licensed for usage. The SOFTWARE PRODUCT is not for sale.

The SOFTWARE PRODUCT can be licensed in two forms depending on the purchased license type - LOCAL license or DEVELOPER license. 

A single person or organization may own licenses of the both types depending on the needs that must be covered. In such case the combined rights given by the owned licenses apply to them.

Further in this document: A holder of a LOCAL license for the SOFTWARE PRODUCT is referred shortly as USER and a holder of a DEVELOPER license is referred as DEVELOPER.

USAGE RIGHTS, GRANTED TO THE USER BY THE "LOCAL" LICENSE:

The SOFTWARE PRODUCT is licensed for every single PCE (Personal Computing Equipment) set. The license could be separate (for a single machine/PCE) or usage pack for a few machines, as marked on the cover of the SOFTWARE PRODUCT, or the purchase order. Usage pack (or also often called license pack) is equal to the number of LOCAL licenses specified in it. The following terms apply to every LOCAL license obtained as a separate license or as a part of a license pack.

The USER may install and use one or more copies of the SOFTWARE PRODUCT (or a previous versions of the SOFTWARE PRODUCT) on one machine and any of its counterparts that form together the USER's PCE.

The USER may install a copy of the SOFTWARE PRODUCT on any kind of MEDIA or a network server, in order to use it for installation or ordinary work on the personal workstation through the local area network. The usage License may not be shared amongst the personal workstations of other users, on which the SOFTWARE PRODUCT is used. The USER must obtain a legal usage license for the SOFTWARE PRODUCT for each single machine or PCE it is used on, no matter if a copy of the PRODUCT is installed on each personal workstation/device or a network accessible device.

For example one LOCAL license for the SOFTWARE PRODUCT allows it to be installed and/or used on the USER's desktop workstation PC, the laptop/notebook portable PC used by the same USER, PDA (Personal Digital Assistant) or smartphone device used by the same USER, but does not permit installation/usage on a laptop or desktop PC of a colleague.

If the SOFTWARE PRODUCT pack includes more than one usage license, the USER is allowed to make and use as many copies of the SOFTWARE PRODUCT or its parts, as many licenses he owns.

The USER is permitted to build or use any software products based on the SOFTWARE PRODUCT on all the machines/devices which have a license for the SOFTWARE PRODUCT. 

An USER (who does not own a DEVELOPER license for the SOFTWARE PRODUCT) is permitted to build and distribute software that uses the SOFTWARE PRODUCT features as long as the distributed software built by the USER is not packed with the newObjects Active Local Pages SOFTWARE PRODUCT together. The USER may not include the SOFTWARE PRODUCT or its components in its software distributions but the USER is allowed to include instructions and link(s) to the public archives containing the DEMO/SHAREWARE version of the newObjects Active Local Pages SOFTWARE PRODUCT in order to allow the consumers of its product obtain the newObjects Active Local Pages SOFTWARE PRODUCT separately and use the USER's product. In such case the consumers of the USER's product are responsible to obtain a license for the copy of the newObjects Active Local Pages SOFTWARE PRODUCT they use to run the product supplied by the USER. The instructions supplied by the USER with its product must clearly indicate that its product is built over features and functionality provided by the newObjects Active Local Pages SOFTWARE PRODUCT which is a separate product.

The USER is not permitted to redistribute the SOFTWARE PRODUCT and it components in any form. Redistribution permission may be obtained with additional license described below.

The USER may transfer his LOCAL license for the SOFTWARE PRODUCT to another person or organization, only in case, that he gives to the new user all the components of the PRODUCT, as well as all the additional materials: information carriers, this license agreement, printed materials, documentation in electronic form (computer files, etc.), service packs given as support for the PRODUCT, etc. The USER must therefore delete all copies of the SOFTWARE PRODUCT. The both old USER and new one must contact newObjects and new identification key must be generated for the new USER.

REDISTRIBUTION RIGHTS GRANTED TO THE DEVELOPER BY "DEVELOPER" LICENSE:

An user may obtain from newObjects or its authorized resellers a DEVELOPER license which permits redistribution of the SOFTWARE PRODUCT and its components as and only as integral part of the software products developed or otherwise sold or distributed by the user. The user who has a DEVELOPER license for the SOFTWARE PRODUCT is called a DEVELOPER further in this document.

The DEVELOPER license permits the DEVELOPER to build and sale/distribute own software products based on the SOFTWARE PRODUCT and redistribute them in any applicable form. The DEVELOPER may sell software products based on the SOFTWARE PRODUCT including the SOFTWARE PRODUCT as an integrated part of its product (as redistributable files or additional package).

The DEVELOPER license does not permit the DEVELOPER to sell or otherwise distribute the SOFTWARE PRODUCT as a stand-alone product or as a part of a product that does not depend on the features provided by the SOFTWARE PRODUCT.

The clients obtaining a product based on the newObjects Active Local Pages SOFTWARE PRODUCT from the DEVELOPER are permitted to use the supplied DEVELOPER's product together with the newObjects Active Local Pages SOFTWARE PRODUCT, assuming the redistributables of the newObjects Active Local Pages SOFTWARE PRODUCT are integral part of the DEVELOPER's product. The DEVELOPER has right to freely define the legal conditions for its product, but this cannot include any right or obligation concerning the newObjects Active Local Pages SOFTWARE PRODUCT except the right to use it as an integral part of the DEVELOPER's product supplied. If the client of the DEVELOPER's product needs to run or build other products based on the newObjects Active Local Pages SOFTWARE PRODUCT a separate license must be obtained.

The DEVELOPER license for the SOFTWARE PRODUCT allows the DEVELOPER to use all the features of the SOFTWARE PRODUCT to personalize the look-and-feel of the products built by the DEVELOPER. The DEVELOPER is permitted to design its redistribution packages in any technically possible form including forms that will hide from the DEVELOPER's clients the fact that the product supplied by the DEVELOPER is based on the newObjects Active Local Pages SOFTWARE PRODUCT.

The DEVELOPER license may not be transferred to another person or organization.

If the DEVELOPER needs to fully transfer the ownership of a product built over the newObjects Active Local Pages SOFTWARE PRODUCT to a third party. The recipient must obtain a separate DEVELOPER license on its own if it will distribute, develop, sell the obtained product from the DEVELOPER. I.e. the third party must become a DEVELOPER if it will act as such. An alternative solution is allowed if the third party that receives the full ownership over the DEVELOPER's product is going to use the newObjects Active Local Pages SOFTWARE PRODUCT to distribute and further develop only the product obtained from the DEVELOPER. In such case the DEVELOPER may request from newObjects a special APPLICATION license for the SOFTWARE PRODUCT. This license grants to third party the same rights as the DEVELOPER license but only and exclusively for the DEVELOPER's product being transferred to the third party. The APPLICATION license cannot be obtained directly from newObjects by a random user or in any other way except for the method specified in this paragraph. The APPLICATION license is bound to the transferred product and cannot be used with any other product for any purpose. If the third party which have obtained an APPLICATION license needs to upgrade later to a full DEVELOPER license because of extended activities and/or new products based on the newObjects Active Local Pages SOFTWARE PRODUCT special discounts may apply.

UPGRADE

The USER or DEVELOPER may have a license(s) for previous versions of the software product. The USER/DEVELOPER is allowed to upgrade the license(s) for the new version(s) of the SOFTWARE PRODUCT and special discounts (or free upgrade) may apply. If the license form owned by the USER/DEVELOPER is no longer supported by the new version of the SOFTWARE PRODUCT newObjects replaces the upgraded license by its new version or a number of licenses that will give the USER/DEVELOPER the same effective rights.

Example: Version 1.0 of Active Local Pages supported the so called "personal" license. It allowed usage on up to 10 machines. This license is replaced by 10 individual machine licenses. Other rights and duties:

MISCELLANEOUS

If the SOFTWARE PRODUCT is marked as a Not For Resale (NFR) copy The USER of the particular copy may not sell or transfer the usage license of the SOFTWARE PRODUCT for any kind of payment. An NFR copy of the SOFTWARE PRODUCT may only be used for purposes of demonstration the PRODUCT's features. The USER of a NFR version of the SOFTWARE PRODUCT may not make or distribute additional copies with or without its own products.

If the SOFTWARE PRODUCT is marked as a demonstration version for the final user (COMMERCIAL DEMO, referred sometimes as SHAREWARE VERSION) the USER may use it for personal purposes and testing only for up to 90 days. After this period (often referred as trial period) the USER must obtain an appropriate license or licenses for the SOFTWARE PRODUCT. 

The USER/DEVELOPER may not decompile, disassemble, etc. the SOFTWARE PRODUCT without strict permission from newObjects.

The SOFTWARE PRODUCT is licensed as a whole pack. None of its components may be used separately or together outside the bounds defined herein. This excludes the developer examples included with the SOFTWARE PRODUCT and the component packs included with the SOFTWARE PRODUCT for USER's convenience. This concerns the run-time libraries which are available also separately as stand alone packages independent of the SOFTWARE PRODUCT. The USER/DEVELOPER is allowed to use and distribute the run-time libraries under the conditions defined for them separately.

The SOFTWARE PRODUCT itself may not be lent or paid by leasing, except by the authorized by newObjects persons or organizations unless it is not an integral part of another product as described above for the DEVELOPER license.

The SOFTWARE PRODUCT may have some kind of support by newObjects (by the terms of the particular agreement). Any documentation or software source given by means of support for the SOFTWARE PRODUCT are treated as parts of it, and the upper rules are also valid for them. newObjects keep the right of utilizing the USER's/DEVELOPER's notes and experience.

All rights of images, audio and video materials, texts, photographs and other materials applied to the SOFTWARE PRODUCT are exclusive property of newObjects or the relevant owner or the rights. The usage is also treated by the rules of the current agreement, if there are no special terms (as exceptions may be treated for example clip art images, banners, examples etc.).

If the SOFTWARE PRODUCT is given to the USER/DEVELOPER on more information carriers, than the number of licenses he possess, the USER/DEVELOPER may not install, copy or use more copies of the PRODUCT than he owns. For example the SOFTWARE PRODUCT may be distributed on both CD and floppy disk.

LIMITED WARRANTY

newObjects grants guarantee for the SOFTWARE PRODUCT. The guarantee duties of newObjects include optional replacement or refreshing the SOFTWARE PRODUCT in case, it does not match with the description included. Every USER/DEVELOPER may report for problems and bugs. newObjects is responsible to provide fix or refresh the SOFTWARE PRODUCT. Updated/fixed SOFTWARE PRODUCT becomes available for all the licensed USERs/DEVELOPERs and they are allowed to obtain the corrected versions or updates at least through a network download/e-mail delivery.

The guarantee does not include by any means complains for functions or resources of the SOFTWARE PRODUCT, that are not realized in the current version.

Guarantee and responsibility are not limited in time and apply for the latest official version of the SOFTWARE PRODUCT. Version identification consist of 4 numbers in form X.Y.Z.B. Current official version is determined by the first two numbers, The resting two numbers (Z and B) are reserved for identification of the subversions and fixes provided by newObjects. Version is "previous" if the first two version numbers point an older release than the latest/current version of the SOFTWARE PRODUCT.

Beta versions. The new versions of the SOFTWARE PRODUCT may be published before their official release. Such versions are called "Beta" versions. The Beta versions do not replace the latest official release. The USER/DEVELOPER may obtain a license for a Beta version in which case this agreement applies to it and then to its official release when it becomes available. However, the guarantees and support for the Beta versions are limited to the features available also in the latest official release and these duties of newObjects automatically take effect over the new version with its official release.

If the resources or functions or the SOFTWARE PRODUCT are augmented due to the support of newObjects the guarantee is also valid for them.

The support provided by newObjects for the SOFTWARE PRODUCT does not grant additional services such as source code reviewing, phone questions, administration guide and so on. The USER/DEVELOPER may contract additional agreement with newObjects or its authorized resellers and partners for advanced support. Information on the standard conditions is published on the newObjects WEB site and sites of its partners and resellers.

If the SOFTWARE PRODUCT is given on a damaged MEDIA, the carrier is replaced or the USER is granted another way to obtain the SOFTWARE PRODUCT. newObjects does not accept complains for damaged by inattention, wrong usage or mechanically damaged by the USER carriers. In such cases newObjects gives a copy on a carrier paid by the USER/DEVELOPER or delivers a copy in another way, suitable for the USER.

If the product is obtained from an authorized reseller/partner of newObjects, the reseller/partner provides the support to the USER/DEVELOPER. Reseller/partner is responsible to contact newObjects when required. If the reseller/partner cancels its agreement with newObjects or otherwise becomes unable to provide support for the SOFTWARE PRODUCT, the USER/DEVELOPER is redirected to another reseller/partner or receives the support directly from newObjects if there is no other appropriate reseller/partner.

This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. newObjects is not responsible for any damages or losses, caused by illegal or incompetent use of the SOFTWARE PRODUCT. This includes use upon an incompatible operation system, or an application for which the SOFTWARE PRODUCT was not suited by all means, as well as any kind of use, not described in the documentation, applied to the SOFTWARE PRODUCT.

Special note: The SOFTWARE PRODUCT implements an open execution environment. This allows the software products that use its features to consume services provided by other products and components. newObjects does not provide support for any external/3-d party products used in the USER's/DEVELOPER's applications. However newObjects may provide samples and utilities that may help or otherwise improve or simplify the usage of certain external components or products. The support terms of this agreement apply to these tools or utilities as well.

NOTES

All the agreements printed/published with the company name - ZmeY soft are valid and equivalent to the agreements printed/published under the trade name newObjects.

ADDENDUM

DEVELOPER licenses for the SOFTWARE PRODUCT can be bought with Sole-developer or Academic discount rates. The DEVELOPER license so obtained gives the same permissions to its holder as the regular DEVELOPER license, but cannot be transferred to a 3-d party.