License Agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN COOLITE, INC.
AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE
LICENSE
("LICENSEE") IN RELATION
TO THE DATE PICKER SOFTWARE (THE “SOFTWARE”)
AND/OR ALL RELATED MATERIALS. BY DOWNLOADING,
COPYING OR OTHERWISE USING THE SOFTWARE, YOU
ACCEPT THE FOLLOWING CONDITIONS. IF YOU DO
NOT AGREE WITH ANY OF THE TERMS OF THIS LICENSE
AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING
OR INSTALLATION OF THIS SOFTWARE.
THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT,
AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS
AND TREATIES. THE SOFTWARE IS LICENSED, NOT
SOLD.
THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.
We, Coolite, Inc. grant you a non-exclusive, non-transferable license
to use this SOFTWARE on the following terms:
- GRANT OF LICENSE.
This Software is licensed and not sold to
you, subject to the terms and conditions set out herein. This SOFTWARE
is owned by Coolite, Inc. and is protected by copyright law, and
we reserve ownership of all intellectual property rights inherent
in the SOFTWARE, which include, but are not limited to, all copyright,
patent rights, all rights in relation to registered and unregistered
trademarks (including service marks), confidential information (including
trade secrets and know-how) and all other rights resulting from intellectual
activity in the industrial, scientific, literary or artistic fields,
and all rights other than those expressly granted by this Agreement.
- Trial License:
Without payment of a fee whatsoever, in consideration for the mutual
covenants contained herein, we grant you a non-transferable and
non-exclusive license to install and use the SOFTWARE on an unlimited
number of developer workstations within your organization for the
purposes of evaluation and testing when accessed by http://localhost or http://127.0.0.1 local address.
For any locations other than http://localhost or http://127.0.0.1 the SOFTWARE will display
the message, “This Control is Unlicensed” with a “Buy
License” link. If you wish to remove this message you are
required to purchase a Developer, Team or Enterprise License;
otherwise you must leave this message intact and not attempt to
modify it in any way.
- Basic Date Picker Lite (“BDPLite”)
License:
Without payment of a fee whatsoever,
in consideration for the mutual covenants contained
herein, we grant you a non-transferable and non-exclusive
license to install and use the SOFTWARE in any
location or application developed by your organization.
Redistribution is permitted but only as part of
a compiled solution that adds significant functionality
to the SOFTWARE product, and provided that the
copyright notice, located in a HTML comments, remain
intact. SOFTWARE may not be redistributed in a
non-compiled form.
- Developer License:
Subject to the payment of the fee required
for a Developer License, we grant to
you a non-transferable and non-exclusive
license for a single developer to install
and use the SOFTWARE on unlimited workstations
used exclusively by the Developer within
your organization and to install and
use the SOFTWARE in connection with
unlimited domains and sub-domains on unlimited servers.
- Team License:
Subject to the payment of the fee required
for a Team License, we grant you a non-transferable
and non-exclusive license to install and use the SOFTWARE
on up to four (4) developer workstations within your
organization and to install and use the SOFTWARE in
connection with unlimited domains and sub-domains
on unlimited servers.
You are further licensed to view the
source code to the SOFTWARE or part thereof,
as permitted by Coolite, Inc.,
and modify it for your own needs.
You may not redistribute the SOFTWARE
or source code to the Software. UNDER
NO CIRCUMSTANCES MAY THE SOURCE
CODE BE USED AS THE BASIS FOR CREATING
A PRODUCT THAT CONTAINS THE SAME, OR
SUBSTANTIALLY THE SAME, FUNCTIONALITY
AS ANY COOLITE, INC. or
BASIC DATE PICKER product.
- Enterprise License:
Subject to payment of the fee required
for an Enterprise License, we grant you a non-transferable
and non-exclusive license to install and use the SOFTWARE
on unlimited developer workstations within your organization
and to install and use the SOFTWARE in connection with unlimited
domains and sub-domains on unlimited servers.
You are further licensed to view the
source code to the SOFTWARE or part thereof, as permitted
by Coolite, Inc., and modify it for your own needs.
You are further licensed to distribute
the SOFTWARE on a royalty-free basis
with an unlimited number of solutions
or applications developed by your organization.
This includes royalty-free distribution
of multiple copies of identical or similarly-functioning
solutions or applications.
Redistribution of the SOFTWARE or source
code is permitted but only as part of
a compiled solution that adds significant
functionality to the SOFTWARE product,
and may not redistribute it in non-compiled
form. UNDER NO CIRCUMSTANCES MAY THE
SOURCE CODE BE USED AS THE BASIS FOR
CREATING A PRODUCT THAT CONTAINS THE
SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY
AS ANY COOLITE, INC. or BASIC DATE PICKER product.
- In no case shall you resell, rent, lease, lend, redistribute
nor re-license the SOFTWARE or any related source
code to a 3rd party individual or entity, except
as outlined above. In no case shall you
grant further redistribution rights for the SOFTWARE
product to the end-users of your solution.
- You are required to ensure that the SOFTWARE is not reused by
or with any application other than those with
which you distribute it. For example, if you
install the Basic Date Picker control along
with a packaged application on a customer's server,
that customer is not permitted to use the control
independent of your application, and must be informed as such.
- You may not disassemble, decompile, or reverse engineer the SOFTWARE,
or otherwise attempt to discover the source code
of the SOFTWARE, except as outlined above, or
as expressly permitted by applicable
laws and in which case you must first provide
Coolite, Inc. with notice of same and, if
required by Coolite, Inc., after payment of a reasonable fee.
- The license granted herein applies only to the version of
the SOFTWARE downloaded or installed in connection
with the terms of this Agreement. Any previous or subsequent license
granted to you
for use of the SOFTWARE shall be governed by
the terms and conditions of the agreement entered in connection with
downloading or installation
of the SOFTWARE.
- In addition, you may utilize and make copies of (but not
otherwise copy) any instructional and/or operational
manuals relating to the SOFTWARE for your own
personal use.
- This Agreement and license is personal to you or the organization
on whose behalf you are undertaking the license.
You must (except where expressly permitted by
this license) not copy, rent, lease,
assign or otherwise distribute or part with the
SOFTWARE or any accompanying written materials.
You must take reasonable steps to protect the
SOFTWARE from unauthorized copying, publication, disclosure
or distribution.
- You must not remove, obscure or interfere with any copyright,
acknowledgment, attribution, trademark, warning
or disclaimer statement affixed to, incorporated in or otherwise applied
in connection with
the SOFTWARE.
- You acknowledge that you have had the opportunity to evaluate
the SOFTWARE without charge, and that you are
satisfied that it meets your requirements in all material respects.
- You acknowledge that it is not technically practicable to
guarantee SOFTWARE to be error-free, and you
agree that if any errors are found to exist in
the SOFTWARE they shall not constitute a breach
of this Agreement.
- LIMITED WARRANTY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, COOLITE, INC. or BASIC DATE PICKER
AND ITS SUPPLIERS DISCLAIM ALL 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. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS,
WHICH VARY FROM PROVINCE/JURISDICTION.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL COOLITE, INC., BASIC DATE
PICKER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION OR ANY
OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF
OR INABILITY TO USE THE SOFTWARE, EVEN IF BASIC
DATE PICKER INC. AND/OR BASIC DATE PICKER HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ANY CASE, COOLITE, INC. AND BASIC
DATE PICKER’S ENTIRE LIABILITY UNDER ANY
PROVISION OF THIS LICENSE AGREEMENT SHALL BE
LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY
PAID BY THE LICENSEE FOR THE SOFTWARE OR FIVE
($5.00) DOLLARS (USD).
- ALTHOUGH WE DO NOT WARRANT THAT THE SOFTWARE SUPPLIED HEREUNDER
SHALL BE FREE FROM ALL KNOWN VIRUSES WE HAVE
USED COMMERCIALLY REASONABLE EFFORTS TO CHECK
FOR THE MOST COMMONLY KNOWN VIRUSES. YOU ARE
NEVERTHELESS SOLELY RESPONSIBLE FOR VIRUS SCANNING
THE SOFTWARE.
- You acknowledge that these terms are complete and exclusive.
No oral or written information given by us or
on our behalf shall create a warranty or collateral
contract, or in any way increase the
scope of this warranty in any way, and you may
not rely on any such advice.
- If any provision in this Agreement shall be determined to
be invalid, such provision shall be deemed omitted;
the remainder of this Agreement shall stand.
- This Agreement is governed by the law of Province of Alberta,
Canada and all parties irrevocably attorn to
the jurisdiction of the courts of the Province
of Alberta and further agree to commence any
litigation which may arise hereunder in the courts
located in the judicial district of Edmonton,
Alberta.
Copyright
2012
Coolite, Inc., All rights reserved.
Coolite, Inc.
#208, 10113-104 Street
Edmonton, Alberta, Canada T5J 1A1
Phone: +1(888)775-5888
Website: http://www.basicdatepicker.com
Email: support@coolite.com
|