License Agreement
This license statement and limited warranty constitutes a
legal agreement ("License Agreement") between you
("Licensee", either as an individual or a single entity) and Mono LLC
("Vendor"), for the software product MonoX ("Product") of
which Mono Software is the copyright holder.
Please read this document carefully! In case you do not
agree with the said terms and conditions, immediately stop using this software!
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Grant. Vendor, subject to the terms and conditions of
this License Agreement, hereby grants you a nonexclusive, nontransferable right
and license during the term of this Agreement to use software by Vendor for as
long as you abide by the provisions stipulated herein.
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Copyright. The software specified in this License
Agreement is licensed, not sold. It is and will be the sole property of Vendor.
It is subject to copyright and as such is protected to the fullest extent
allowable by law. It includes derivate works based on the software products
listed below .The intellectual property for these products remains with their
respective publishers.
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XML-RPC.NET Copyright (c) 2006 Charles Cook
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DotNetOpenID Copyright (c) 2008-2009, Andrew Arnott
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Apache log4net, Copyright(c) 2010 The Apache Software Foundation
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Lucene.net, Copyright(c) 2010 The Apache Software Foundation
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SharpZipLib, Copyright(c) 2000-2009 ic#code
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Smart Thread Pool, Copyright(c) 2009 Ami Bar
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jQuery, Copyright jQuery Foundation and other contributors
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Foundation, Copyright (c) 2013-2015 ZURB, inc.
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Modernizr, Copyright © 2009—2015. Modernizr
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Masonry, Copyright (c) 2011-2012 Masonry Team
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SIL Open Font License (OFL), Copyright (c) 2007 Nicolas Spalinger & Victor Gaultney
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Salvattore, Copyright (c) 2013-2014 Rolando Murillo and Giorgio Leveroni
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Fastclick, Copyright (c) 2014 The Financial Times Ltd.
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Limitations. You may not use the software in any way
which threatens or violates the owner's copyright. That includes decompiling,
reverse engineering, disassembling or making derivative products of the
software or decoding it in any other way. All rights not expressly granted are
reserved. Any copy of the software you are allowed to make pursuant to this
Agreement must contain the entire copyright and other notices included with the
original copy of the software.
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Transferability. This license is granted to you only and
as such does not permit you to sell, lend, assign, lease or transfer in any
other way any copy of the software. Any transfer in violation of this provision
is not permitted and may cause your license to be terminated with no refund of
the licensing fee paid.
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Terms of Use. The Product is available in two editions:
Free and Source code edition. Regardless of the edition, it may be used without
limitations in both non-commercial and commercial projects. Users of the Free
edition must place a link "Powered by MonoX" in either textual or
image format that links back to Product's Web site at
http://monox.mono-software.com.
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Source code. If the source code accompanies the Product,
as in the Source code edition, Vendor grants to you one (1) personal,
nontransferable, nonexclusive, royalty-free license to make and use copies of
the source code and install such source code on any number of computers (i) for
his internal use, (ii) to design, develop and test his software products. You
may not redistribute the source code, or any component thereof, whether
modified or not to any third party. The following terms and conditions apply if
the source code accompanies the Product:
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You can incorporate the source code into an unlimited
number of solutions (Web sites or custom Web applications) and distribute it as
an integrated part of those solutions in a compiled form only.
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You are also granted a license to integrate and distribute
the source code in 1 (one) commercial product in a compiled form only.
Individual licenses need to be purchased for every single subsequent commercial
product
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Your solutions and commercial products must be
developed solely by individuals employed by or belonging to your entity.
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Your solutions and commercial products must add
significant and primary functionality to the Product.
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The Product or any part of its code cannot be used as a
basis for a competing portal framework, content management system, or similar
product.
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You are not allowed to resell, transfer, rent, lease, or
sublicense the source code and associated rights.
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Under no circumstances may any portion of the source
code or any modified version or derivative work of the source code be
distributed, disclosed or otherwise made available to any third party.
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You acknowledge that the source code contains valuable
and proprietary Vendor’s trade secrets. All individuals employed by or
belonging to your entity agree to expend every effort to insure its
confidentiality.
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You agree to indemnify, hold harmless, and defend Vendor
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 licensee’s
software products.
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The source code is sold as is.
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Support. Vendor does not provide dedicated technical
support for the Free edition. Support is provided by Vendor's community
resources: blogs, forums, knowledge base. Users of the Source code edition receive one year of
unlimited technical support. A separate support contract may be purchased at
any time to ensure full technical support.
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Limited Warranty. Vendor guarantees that the software
will correspond in general terms to the description given in the user
documentation for 90 days from the date the product was purchased. Vendor does
not warrant that the software will operate without interruptions or be
bug-free. The warranty stated above is the only warranty given and replaces all
other warranties, regardless of whether express or implied, including implied
warranties of commercial aptitude and fitness for a specific purpose. In case
you make a warranty claim within the 90-day warranty period, the liability of
Vendor is limited to replacing the product or refunding you the licensing fee
paid, if any. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS LICENSE,
VENDOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE.
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Limitation of Liability. THE PRODUCT IS PROVIDED "AS
IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL
VENDOR BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN
IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE
THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY
CASE, VENDOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT
EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO VENDOR FOR
THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS
EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. VENDOR IS NOT RESPONSIBLE FOR
ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT
IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH
CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM VENDOR IS FOR
TESTING USE ONLY AND VENDOR HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING
THEREFROM. THE EXTENT OF VENDOR'S LIABILITY FOR THE LIMITED WARRANTY SECTION
SHALL BE AS SET FORTH THEREIN.
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Responsibility for Software Updates. In order to ensure
that the software functions properly, Vendor publishes updates and patches for
this software on its web pages. These updates improve the workings of the
software and remove possible bugs. You are responsible for proper configuration
of the software updating process to provide for the highest possible level of
functional reliability.
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Governing Law. This Agreement shall be governed by the
laws of the Republic of Croatia excluding conflicts of laws principles. All disputes
arising under this Agreement or in connection therewith will be adjudicated by
the County Court in Osijek, Republic of Croatia.
If any provision of this LICENSE is to be held
unenforceable, such holding will not affect the validity of the other provisions
hereof. Failure of a party to enforce any provision of this LICENSE shall not
constitute or be construed as a waiver of such provision or of the right to
enforce such provision.
This License represents the entire understanding between the
parties with respect to its subject matter.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION
OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY
PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE
BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT
FOR WRITTEN SEPARATE AGREEMENTS BETWEEN VENDOR AND YOU, THIS AGREEMENT IS A
COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.