License Agreement
BY INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING THE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL, DOWNLOAD, COPY OR USE THE PRODUCT.
1. IMPORTANT NOTICE.
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU DOWNLOAD, INSTALL OR USE E-ICEBLUE'S COMPONENT AND RELATED DOCUMENTATION (THE "LICENSED SOFTWARE") DISTRIBUTED UNDER THE TRADEMARK OF COMPONENT AND/OR E-ICEBLUE. BY INSTALLING OR USING THE LICENSED SOFTWARE, YOU AGREE TO BE BOUND BY THIS LICENSE AGREEMENT, AND ITS TERMS SHALL BE BINDING WITH RESPECT TO YOUR USE OF THE LICENSED SOFTWARE. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE.
2. DEFINITIONS.
A. "e-iceblue" means e-iceblue Corporation
B. "You" and "Your" mean the party purchasing a license to use the Licensed Software under the terms of this agreement.
C. "Application Programming Interface or API" means a publicly accessible interface defining the ways by which an application program may request services from libraries and/or software.
D. "Licensed Software" means compiled Objects, Modules, License Key and any and all updates thereto, together with all associated documentation provided by e-iceblue or its authorized resellers.
E. "License Key" means a unique code provided by e-iceblue or its authorized resellers which identifies You, as well as the license type, and which unlocks or enables certain features of the Licensed Software.
F. "Application" or "Your Application" means a software application that You develop which incorporates all or parts of the Licensed Software.
G. "Evaluation Trial Period" means a specified period of time during which You may temporarily use the Licensed Software for evaluation purposes only.
3. LICENSE GRANT.
The Cumulative License granted to You by e-iceblue is a combination of the Base License Grant, described in section (3A) below, which is common to every Licensed Software title covered by this agreement, and one or more supplemental License Grant which covers the specific product obtained by You from e-iceblue or its authorized resellers.
Four basic types of supplemental License Grants are described in sections (3B): Evaluation License, Developer License, Developer OEM License, Site Enterprise License, Site OEM License.
These five basic types are hereby further defined and/or restricted as to the number of developers, servers, geography locations and distribution method(s), depending on the specific product(s) being licensed by You.
The precise combination of the Base License Grant and one or more supplemental License Grant(s) obtained by You is identified by e-iceblue at the time of purchase or most recent upgrade.
3A. BASE LICENSE GRANT.
In consideration of Your payment of applicable license fees and/or Your acceptance of the terms of this Agreement, e-iceblue hereby grants to You certain nonexclusive and nontransferable rights limited by the terms of this Agreement.
The Licensed Software is licensed (not sold) to You, for use strictly under the terms of this Agreement, and e-iceblue reserves all rights not expressly granted to You herein. If You upgrade the Licensed Software to a higher-numbered version thereof or to a comparable E-iceblue product, this license is terminated and Your rights shall be limited to the license associated with the upgraded product or version.
In addition, You acknowledge that the Licensed Software may contain certain third party software components which are distributed under the terms of their own licenses.
3B. EVALUATION LICENSE.
In order to facilitate an efficient evaluation process of the Licensed Software by developers, e-iceblue may, at its discretion, provide specially designed, temporary License Key(s) that are encoded with an embedded expiration date.
The License granted in conjunction with such License Key(s) is considered temporary, and multiple developers may use it for the sole purpose of evaluating the Licensed Software during a specific Evaluation Trial Period. Licensed Evaluation Trial Software contains mechanisms that inhibit its ability to function at a later date.
It is Your responsibility to ensure that the Applications You create do not contain Licensed Evaluation Trial Software and that their ability to function at a later date is not inhibited or diminished.
3C. DEVELOPER LICENSE.
The following terms and conditions contained in this section (3C) apply to You ONLY if at the time of original purchase or most recent upgrade, the License granted to You by E-iceblue was defined as "Developer License".
The specific license level selected by you at the time of purchase or most recent upgrade determines whether the license applies to (1) a single named developer, or (2) a team of named developers, for example a Developer Team, or (3) a single site (facility or campus) whereby an unlimited number of developers located within said site (facility or campus) may be allowed access to the Licensed Software.
You are hereby granted a nonexclusive, royalty-free license to integrate the Licensed Software into Your Applications and to distribute such Licensed Software in connection with said Applications, provided that
(a) said Applications do not in any way compete with the Licensed Software, or provide substantially the same functionality as the Licensed Software, or expose the functionality of the Licensed Software through a programmable interface;
(b) each of Your Applications developed using Licensed Software is substantially larger, more complex, and contains a significantly wider range of functions as compared to the Licensed Software;
(c) each of Your Applications developed using Licensed Software is designed for end users, rather than for developers who would be able to build other software that would compete with the Licensed Software, and
(d) You do not permit further distribution of the Licensed Software by Your end users.
You may embed the License Keys in the Applications You distribute, provided that the following conditions are met:
(a) each such Application must be marked with a prominent copyright notice bearing Your name as declared by You during purchase of the License;
(b) the License Key may not be embedded in any such Application or distributed in any other manner that makes the License Key visible to the end user, and
(c) each such Application must include the following comment in its source code within close proximity to each copy of an embedded License Key: "This application utilizes a licensed copy of e-iceblue software, copyright (c) 2004-2018, which is the property of e-iceblue Corporation, www.e-iceblue.com. All rights are reserved by e-iceblue.
Use of any objects outside of the context of this application is a violation of United States and international copyright laws and other applicable laws."
For each License Key provided to You by e-iceblue, depending on the specific license level selected by you at the time of purchase or most recent upgrade, You are granted a nonexclusive License to make the Licensed Software and/or the License Key(s) available either to the specified number of Your named developers or to an unlimited number of Your developers located at a single site (facility or campus) as indicated by e-iceblue and further explained below.
Should either the number of named developers or the number of sites with access to the Licensed Software and/or the License Key(s) ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform E-iceblue of such change and to upgrade Your License accordingly by paying an upgrade fee to e-iceblue in a timely manner.
One Developer Subscription authorizes One developer to utilize our product to create unlimited number of applications which can be deployed at only One geography location within your organization. This type of l