Telerik
Sitefinity Content Management System
Version
3.2
End-User
License Agreement
By downloading and installing the
product identified above and/or its related materials, you are accepting the
following License Agreement. Check the box "I have read and agree to the
License Agreement" if you agree.
IMPORTANT – READ CAREFULLY: This
license agreement (“LICENSE”) is a legal agreement between you (either an
individual or a single entity, also referred to as "LICENSEE",
"YOU") and Telerik Corp., ("Telerik"), for the product
"Telerik Sitefinity" which includes computer software, associated
media, printed materials, and "online" or electronic documentation
(collectively referred to as “SOFTWARE”).
By installing, copying, downloading,
accessing, or otherwise using the SOFTWARE, you agree to be bound by the terms
of this LICENSE. If you do not agree to the terms of this LICENSE, do not buy,
install or use the SOFTWARE.
Any earlier LICENSE we may have
granted to you for the use of earlier versions of the SOFTWARE is replaced by
this LICENSE.
DEFINITIONS
- CMS User/User seat – an individual user who has access to the
administrative (content management) capabilities of the SOFTWARE through a
unique username and password.
- Site visitor – an individual who can access only the public
(published) part of web-sites, created with the SOFTWARE. Such users do
not have username and password for access to the administrative
capabilities of the SOFTWARE. None of the Sitefinity LICENSES impose any
limitation on the number of Site visitors.
- Support
Incident - A support incident is defined
as a single support issue with the SOFTWARE and the reasonable effort
required for resolving it. A single support incident is a support problem,
which cannot be broken down into secondary issues. A single support
incident may involve several e-mails and offline work in order to be
resolved. The Customer needs to provide Telerik with detailed information
about the problem encountered. Even though Telerik Support Engineers will
make reasonable efforts to resolve the issue, Telerik does not guarantee
that all problems will be resolved. All bug reports and product feature
suggestions are not considered support incidents.
- Development Machine – a computer used for custom development, staging, or
testing of the SOFTWARE, before it is deployed on the Production Server.
- Production Server – a computer used for the final deployment of the
SOFTWARE.
SOFTWARE
PRODUCT LICENSE
The SOFTWARE is protected by
copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties and contains confidential information
and trade secrets. The SOFTWARE is licensed to you, not sold. Telerik retains
ownership of the copy of the SOFTWARE in your possession, and all copies you
may be licensed to make. Telerik also retains all rights not expressly granted
to you in this LICENSE.
1.
GRANT OF LICENSE
Telerik hereby grants to you, and
you accept, a LICENSE to install, copy, and use the SOFTWARE only as authorized
below.
Standard
Edition Commercial License:
- The Sitefinity Standard LICENSE allows you to use the
SOFTWARE for 1 (one) top level domain name (or server name). There is no
limitation to the number of subdomains (i.e. by registering a key for mysite.com,
you will be able to use it for all subdomains - www.mysite.com, http://support.mysite.com,
http://mysite.com, etc.).
- To facilitate the development process, Telerik allows
you to deploy the SOFTWARE on your testing and development servers and
access your applications via the IP address(es).
- There is no limitation to the number
of CMS User accounts.
- Included Support: Telerik guarantees
response within 48 hours to your support inquiries. As part of your
LICENSE you are entitled to receive unlimited number of support incidents.
- You agree to implement Sitefinity and DiscountASP.NET
logos in the footage of your website, redirecting back respectively to http://www.sitefinity.com and http://www.disocuntasp.net, respectively.
2.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
(a) You are not allowed to use the
SOFTWARE as a whole, or any of its comprising elements, as a basis for creation
of another software product.
(b) You are not allowed to use
individually the software components comprising the SOFTWARE, but only as an
integral part of the SOFTWARE.
(c) You are not allowed to
disassemble, decompile or "unlock", decode or otherwise reverse
translate or engineer, or attempt in any manner to reconstruct or discover any
source code or underlying algorithms of the SOFTWARE provided in object code form
only.
(d) You are not allowed to use,
copy, modify, or merge copies of the SOFTWARE or any accompanying documents
except as permitted in this LICENSE.
(e) You may not use the Telerik
product names, logos or trademarks to market your SERVICES or IMPLEMENTATIONS
related to the SOFTWARE without the express prior consent of Telerik.
(f) You agree to indemnify, hold
harmless, and defend Telerik 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 your software product.
3.
DELIVERY
Telerik shall deliver to LICENSEE a
master copy of the SOFTWARE licensed hereunder in compiled C# code in
electronic files only. Documentation shall also be provided in electronic
format.
4.
UPGRADES
The Standard Edition Commercial
LICENSE entitles the LICENSEE to receive all version updates, patches, and
bug-fixes released for a period of 1 (one) year after the day of purchase.
SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable)
the product that formed the basis for your eligibility for the upgrade. You may
use the resulting upgraded product only in accordance with the terms of this
LICENSE.
5.
TERMINATION
This LICENSE shall last as long as
you use the SOFTWARE in compliance with this LICENSE. Telerik may terminate
this LICENSE if you fail to comply with any of the terms and conditions herein.
In such event you agree to cease using and destroy all copies of the SOFTWARE,
which you have been licensed to use and distribute.
6.
COPYRIGHT
All title and copyrights in and to
the SOFTWARE (excluding the Sitefinity software modules listed below), the
accompanying materials, and any copies of the SOFTWARE, and any trademarks or
service marks of Telerik are owned by Telerik. All title and intellectual
property rights in and to the content that may be accessed through use of the
SOFTWARE is the property of the respective content owner and may be protected
by applicable copyright or other intellectual property laws and treaties. All
error corrections, bug fixes, patches, updates or other modifications shall be
the sole property of Telerik.
The SOFTWARE includes derivate works
based on the software products listed below. Telerik has rights to redistribute
these modules, however the intellectual property for these products remains
with their respective publishers:
a. “Lucene.net” – search engine
software developed by “The Apache Software Foundation”
b. “Nolics.net 2005” - productivity tool developed by “Nolics”
7.
LIMITED WARRANTY
Telerik warrants solely that the
SOFTWARE will perform substantially in accordance with the accompanying written
materials for a period of ninety (90) days. Telerik does not warrant the use of
the SOFTWARE will be uninterrupted or error free at all times and in all
circumstances, nor that program errors will be corrected. This limited warranty
shall not apply to any error or failure resulting from (i) machine error, (ii)
LICENSEE's failure to follow operating instructions, (iii) negligence or
accident, or (iv) modifications to the SOFTWARE by any person or entity other
than Telerik. In the event of a breach of warranty, LICENSEE 's sole and
exclusive remedy, is repair of all or any portion of the SOFTWARE. If such
remedy fails of its essential purpose, LICENSEE 's sole remedy and Telerik's
maximum liability shall be a refund of the paid purchase price for the
defective SOFTWARE only. This limited warranty is only valid if Telerik
receives written notice of breach of warranty within thirty days after the warranty
period expires.
8.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, IN NO EVENT WILL Telerik 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, Telerik'S ENTIRE LIABILITY UNDER ANY PROVISION OF
THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES
LICENSEE PAID TO Telerik 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.
Telerik 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 Telerik IS FOR TESTING USE ONLY AND Telerik HEREBY DISCLAIMS ANY
AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF Telerik'S LIABILITY FOR THE
LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.
9.
MISCELLANEOUS
This LICENSE will be governed by the
law of the State of Massachusetts, U.S.A. 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 Telerik AND YOU, THIS AGREEMENT IS A COMPLETE AND
EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.