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License.txt
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License.txt
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License Agreement
1. This Agreement sets the terms, rights, restrictions and obligations on using the BACKLOAD SERVER SIDE COMPONENT (The Software)
created and owned by Licensor and granted to the users of The Software (hereinafter: Licensee), as detailed herein.
2. License Grant: Licensor hereby grants Licensee a Personal, Non-assignable & non-transferable, Commercial, Without the rights
to create derivative works, Non-exclusive license, all with accordance with the terms set forth and other legal restrictions
set forth in 3rd party software used while running Software.
2.1. Limited: Licensee may use Software for the purpose of Running Software on Licensee’s Website[s] and Server[s] and
Allowing 3rd Parties to run Software on Licensee’s Website[s] and Server[s];
2.2. Binary Restricted: Licensee may sublicense Software as a part of a larger work.
2.3. Non Assignable & Non-Transferable: Licensee may not assign or transfer his rights and duties under this license.
2.4. Commercial: Licensee may use Software for any purpose.
3. Term & Termination: The Term of this license shall be until terminated. Licensor may terminate this Agreement,
including Licensee’s license in the case where Licensee:
exported The Software to any jurisdiction where licensor may not enforce his rights under this agreements in; Licenee was in
breach of any of this license's terms and conditions and such breach was not cured, immediately upon notification; Licensee
in breach of any of the terms of clause 2 to this license; Licensee otherwise entered into any arrangement which caused Licensor
to be unable to enforce his rights under this License.
4. Payment: Standard Edition (free of charge), Professional Edition (49EUR), Enterprise Edition (149EUR)
5. Updates and Fixes: Updates and fixes will be provided online by the NuGet package repository Gallery (NuGet.org).
6. Support: Software is provided under an AS-IS basis and without any support, updates or maintenance. Nothing in this Agreement
shall require Licensor to provide Licensee with support or fixes to any bug, failure, mis-performance or other defect in The Software.
6.1. Bug Notification: Licensee may provide Licensor of details regarding any bug, defect or failure in The Software promptly and
with no delay from such event; Licensee shall comply with Licensor's request for information regarding bugs, defects or failures
and furnish him with information, screenshots and try to reproduce such bugs, defects or failures.
6.2. Feature Request: Licensee may request additional features in Software, provided, however, that (i) Licesee shall waive any claim
or right in such feature should feature be developed by Licensor; (ii) Licensee shall be prohibited from developing the feature, or
disclose such feature request, or feature, to any 3rd party directly competing with Licensor or any 3rd party which may be, following
the development of such feature, in direct competition with Licensor; (iii) Licensee warrants that feature does not infringe any 3rd
party patent, trademark, trade-secret or any other intellectual property right; and (iv) Licensee developed, envisioned or created the
feature solely by himself.
7. Liability: To the extent permitted under Law, The Software is provided under an AS-IS basis. Licensor shall never, and without any limit,
be liable for any damage, cost, expense or any other payment incurred by Licesee as a result of Software’s actions, failure, bugs and/or
any other interaction between The Software and Licesee’s end-equipment, computers, other software or any 3rd party, end-equipment,
computer or services. Moreover, Licensor shall never be liable for any defect in source code written by Licensee when relying on
The Software or using The Software’s source code.
8. Warranty:
8.1. Intellectual Property: Licensor hereby warrants that The Software does not violate or infringe any 3rd party claims in regards to
intellectual property, patents and/or trademarks and that to the best of its knowledge no legal action has been taken against it for any
infringement or violation of any 3rd party intellectual property rights.
8.2. No-Warranty: The Software is provided without any warranty; Licensor hereby disclaims any warranty that The Software shall be error
free, without defects or code which may cause damage to Licensee’s computers or to Licensee, and that Software shall be functional.
Licensee shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks
contained in running The Software on License’s Server[s] and Website[s].
8.3. Prior Inspection: Licensee hereby states that he inspected The Software thoroughly and found it satisfactory and adequate to his needs,
that it does not interfere with his regular operation and that it does meet the standards and scope of his computer systems and
architecture. Licensee found that The Software interacts with his development, website and server environment and that it does not
infringe any of End User License Agreement of any software Licensee may use in performing his services. Licensee hereby waives any
claims regarding The Software's incompatibility, performance, results and features, and warrants that he inspected the The Software.
9. No Refunds: Licensee warrants that he inspected The Software according to clause 7(c) and that it is adequate to his needs. Accordingly,
as The Software is intangible goods, Licensee shall not be, ever, entitled to any refund, rebate, compensation or restitution for any
reason whatsoever, even if The Software contains material flaws.
10. Indemnification: Licensee hereby warrants to hold Licensor harmless and indemnify Licensor for any lawsuit brought against it in regards
to Licensee’s use of The Software in means that violate, breach or otherwise circumvent this license, Licensor's intellectual property
rights or Licensor's title in The Software. Licensor shall promptly notify Licensee in case of such legal action and request Licensee’s
consent prior to any settlement in relation to such lawsuit or claim.
11. References: Licensee grants the licensor the right to list the company or the organization of the licensee as a reference on the website of the
licensore or in any other form.
12. Governing Law, Jurisdiction: Licensee hereby agrees not to initiate class-action lawsuits against Licensor in relation to this license
and to compensate Licensor for any legal fees, cost or attorney fees should any claim brought by Licensee against Licensor be denied,
in part or in full.