Sunteți pe pagina 1din 6

ezAJAX Enterprise Edition License Agreement Page 1 of 6

ezAJAX Enterprise Edition License Agreement

(1). This License Agreement covers the Enterprise Edition for the
ezAJAX Product which is distributed at cost to commercial end-users
who wish to create AJAX Applications they can resell to 3rd Parties.

(2). ezAJAX Enterprise Edition is an Unlimited-Use version of the


Enterprise Edition that provide the complete functionality of the
Enterprise Edition to allow commercial end-users create 3rd Party AJAX
Applications they can resell or use within their own organizations. All
other uses of the Enterprise Edition are strictly prohibited.

(3). Users who download and install the ezAJAX Community Edition
agree to use ezAJAX without making any attempts to reverse
engineer or otherwise make modifications to ezAJAX. Those who
refuse to abide by the terms of this License Agreement must uninstall
their copies of this edition and cease using it. Additionally if any
portion of ezAJAX is used then the entire product must be used
which means end-users may not make use of the JavaScript alone
unless the entire product is being used. End-users may use ezAJAX
to interface to other 3rd Party Products but only to the extent that such
products are being used to enhance the functionality of ezAJAX
rather than replace it.

Definitions:

(a). AJAX Applications means any software that references or uses


any portion of the ezAJAX Enterprise Edition.

(b). Commercial Use means any use by any entity whether


individual, business related or institution that results or may result in
financial gain either directly or indirectly including but not limited to
any web site, product or service that sells, advertises or promotes
revenue-bearing products or services of any kind. Non-commercial
Use prohibits by definition any company or corporation or any agents
of same who may seek to gain revenue through the direct or indirect
use of the ezAJAX Enterprise Edition including non-profit
organizations whether or not they are engaged in for-profit activities.

(c). Software means any object or source code provided by


Hierarchical Applications Limited such as but not limited to ezAJAX
Enterprise Edition.

. Copyright 2010, Vyper Logix Corp., All Rights Reserved www.VyperLogix.Com


ezAJAX Enterprise Edition License Agreement Page 2 of 6

(d). Term means the period of time from the moment you installed
ezAJAX Enterprise Edition until the 90th calendar day has expired at
which time the Runtime License of the ezAJAX Enterprise Edition will
expire and becomes unable to be used until an Enterprise Edition
Runtime License has been purchased and installed.

(4). Non-Commercial

Since you are provided with a Non-Commercial License you hereby


represent and warrant that you will not use the Software for
Commercial purposes for or on behalf of any entity that may be
engaged in any kind of Commercial endeavor whether directly or
indirectly.

(5). Personal use

Since you are provided with a Personal Use License you hereby
represent and warrant that the AJAX Applications you create using
Software will not sell, advertise or otherwise promote revenue-bearing
products or services of any kind whether said revenue is generated
directly or indirectly, or be used to administer or conduct the business
of a commercial entity in any way. If you are a Blogger, you may
showcase your AJAX Applications on your own Blog Site or personal
website that contains advertising, but only if the costs of establishing
and maintaining the Blog or personal website are not directly funded
by a commercial entity or any kind. A Blog is defined as a personal
website that provides updated headlines and news articles of other
sites that are of interest to the owner of said Blog and also may
include journal entries, commentaries and/or recommendations
compiled by the publisher of the Blog.

(6). Commercial Rates

Should you use the Software for any purposes except as set forth
above, fail to fully cooperate with Hierarchical Applications Limited in
reporting your use or allowing the audit referenced below, or otherwise
not comply with this Agreement Hierarchical Applications Limited shall
have the irrevocable right to immediately terminate your rights to use
the Software, charge you retail or commercial rates for your use
and/or pursue any other remedies available to Hierarchical
Applications Limited at law or in equity.

. Copyright 2010, Vyper Logix Corp., All Rights Reserved www.VyperLogix.Com


ezAJAX Enterprise Edition License Agreement Page 3 of 6

(7). Customer Success Activities

In consideration for this License, you agree to participate in the


ezAJAX Customer Success Activities (Activities) defined below
related to the selection and/or implementation of the Software by you,
and/or the website, application or content that you develop with the
Software (the Project). Whether your use of the Software is featured
in the Activities is subject to Hierarchical Applications Limiteds sole
discretion. You may be asked to review materials related to the
Activities prior to publication where appropriate as determined by
Hierarchical Applications Limited in its sole discretion. Your review of
the materials will be conducted in a reasonable and timely manner.
Activities shall include the following:

(a). Marketing Presentations Your name and, if applicable,


trademarks may be used in ezAJAX marketing presentations and
emails identifying you as an ezAJAX user.

(b). ezAJAX Website Your name, trademarks and quotes may be


used on an ezAJAX web page identifying you as an ezAJAX user.
Additionally, a link to or screenshot of the Project you developed with
the Software may be posted to an ezAJAX website at the discretion
of Hierarchical Applications Limited.

(c). Press Release If requested by Hierarchical Applications Limited,


you shall participate in a press release related to ezAJAX to the use
of the Software, including providing a quote to be used in such press
release.

(d). Case Study You shall document the benefits in using the
Software for the production of a written or video case study (Case
Study). The Case Study may summarize the situations in which
Software is used, benefits of Software and quantifiable time, money or
other savings for you. Hierarchical Applications Limited may promote
the Case Study in the following ways: post it to an ezAJAX website,
link to it from other areas of an ezAJAX website, and send it to
certain trade publications that cover ezAJAX.

(e). Demonstration Content You shall fully cooperate with


Hierarchical Applications Limited to allow the creation of demonstration
and/or screenshots of the Project on an ezAJAX website, in a public
demonstration or at press meetings, analyst meetings, trade shows
and seminars and refrain of any intellectual property right related to
the public demonstration as such.

. Copyright 2010, Vyper Logix Corp., All Rights Reserved www.VyperLogix.Com


ezAJAX Enterprise Edition License Agreement Page 4 of 6

(f). License and Rights Grants You hereby grant to Hierarchical


Applications Limited, its successors, affiliates and assignees and those
acting under its direction, a royalty-free, fully paid up, perpetual,
irrevocable, world-wide license and rights, but not obligation, to use,
edit, copy, modify, create derivative works, support, distribute in
modified or unmodified form, market, publish, and sublicense all of the
above rights with relation to, all or part of the Project, in any medium
now known or invented in the future, in or in connection with an
ezAJAX product or service or for Hierarchical Applications Limited
generally. Hierarchical Applications Limited has the right to use your
name in connection with the Project.

(8). Exclusions

You shall have no right to receive updates (e.g. Patches, Service


Packs) or Minor Versions or Major Versions hereunder. If nevertheless
Hierarchical Applications Limited does provide you with updates or
upgrades, all use of such updates or upgrades shall be set forth in the
EULA (End User License Agreement), but will not create any further
right to receive updates or upgrades or Major Versions. You can
neither claim any warranty regarding the Software nor hold
Hierarchical Applications Limited liable for any damage or costs
whatsoever arising from the use and/or possession of the Software,
regardless the reason. Hierarchical Applications Limited is not
obligated to indemnify you for any claims whatsoever.

(9). Information Feedback

You will be required to provide Hierarchical Applications Limited with


complete information on your use of the Software and your
development of any websites, applications or content with the
Software, pursuant to procedures to be defined by Hierarchical
Applications Limited from time to time. Upon the request from
Hierarchical Applications Limited from time to time, you agree to
provide Hierarchical Applications Limited with prompt notification of
any updates relating to your use of the Software and your
development of any websites, applications or content with the
Software.

. Copyright 2010, Vyper Logix Corp., All Rights Reserved www.VyperLogix.Com


ezAJAX Enterprise Edition License Agreement Page 5 of 6

(10). Copyrighted Materials

You agree that ezAJAX was constructed using certain Copyrighted


Materials such as but not limited to various forms of encryption or
Intellectual Property Protection mechanisms that you will make no
attempt to reverse engineer in any form or fashion including but not
limited to the JavaScript Compiler methods or techniques you may
come into contact with while using, installing or uninstalling the
Software.

(11). Transfer of this Agreement

This agreement shall not be transferable to any other individuals or


entities without specific written permission of Hierarchical Applications
Limited. Any such transfer of this agreement without said permission
of Hierarchical Applications Limited shall cause this License Agreement
to be terminated in which case the Software must be uninstalled and
returned to Hierarchical Applications Limited with no further use
allowed as set forth in this agreement.

(12). Miscellaneous

Except as expressly set forth herein, this agreement shall govern all
use of the Software. You agree that Hierarchical Applications Limited
shall retain all rights set forth in this agreement, including those
relating to an audit of your use and termination upon your breach of
this agreement. In cooperating with Hierarchical Applications Limited
for the audit referenced above, you agree to provide Hierarchical
Applications Limited with any information, records or access that would
indicate your Commercial Use or your status as a Commercial Entity.

(13). Conversion of Enterprise Edition License to Long-Term Runtime


License

Once a Long-Term Runtime License has been purchased and installed


the Enterprise Edition ceases to be a Limited-Use product and may
become eligible to be used for Commercial purposes so long as said
"commercial" uses do not constitute competition with Hierarchical
Applications Limited or any of its subsidiaries. ezAJAX may not be
used by web hosting services of any kind, for instance, regardless of
whether or not a Long-Term Runtime License has been purchased.
ezAJAX Enterprise Edition may be used for any commercial purpose
even if said use is in competition with Hierarchical Applications Limited

. Copyright 2010, Vyper Logix Corp., All Rights Reserved www.VyperLogix.Com


ezAJAX Enterprise Edition License Agreement Page 6 of 6

so long as said use is not in violation of U.S. or International Copyright


Laws.

. Copyright 2010, Vyper Logix Corp., All Rights Reserved www.VyperLogix.Com

S-ar putea să vă placă și