dxflib类库-2.5.0.0

dxflib COMMERCIAL LICENSE AGREEMENT FOR PROFESSIONAL EDITIONS Agreement version 1.2 IMPORTANT-READ CAREFULLY: 1. This RibbonSoft End-User License Agreement ("Agreement") is a legal agreement between you (either an individual or a legal entity) ("Licensee") and RibbonSoft GmbH ("RibbonSoft") for the RibbonSoft software product(s) accompanying this Agreement, which include(s) computer software and may include "online" or electronic documentation, associated media, and printed materials, including the source code, example programs and the documentation ("Licensed Software"). 2. The Licensed Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Licensed Software is licensed, not sold. 3. By installing, copying, or otherwise using the Licensed Software, Licensee agrees to be bound by the terms of this Agreement. If Licensee does not agree to the terms of this Agreement, Licensee may not install, copy, or otherwise use the Licensed Software. 4. Upon Licensee's acceptance of the terms and conditions of this Agreement, RibbonSoft grants Licensee the right to use the Licensed Software in the manner provided below. 5. RibbonSoft grants to Licensee as an individual a royalty-free, personal, non-exclusive, non-transferable, perpetual license to make and use copies of the Licensed Software for the sole purposes of designing, developing, and testing Licensee's software product(s) ("Applications"). Licensee may install copies of the Licensed Software on an unlimited number of computers provided that Licensee is the only individual using the Licensed Software. If Licensee is an entity, RibbonSoft grants Licensee the right to designate one, and only one, individual within Licensee's organization who shall have the sole right to use the Licensed Software in the manner provided above. Licensee may at any time, but not more frequently that once every six (6) months, designate another individual within Licensee's organization to replace the current designated user by notifying RibbonSoft, so long as there is no more than one designated user at any given time. GENERAL TERMS THAT APPLY TO APPLICATIONS AND REDISTRIBUTABLES 6. RibbonSoft grants Licensee a nonexclusive, royalty-free right to reproduce and distribute the object code form of certain portions of the Licensed Software ("Redistributables"), as specified in Appendix 1, Section 1, for execution on any operating system. Copies of Redistributables may only be distributed with and for the sole purpose of executing Applications permitted under this Agreement that Licensee has created using the Licensed Software. Under no circumstances may any copies of Redistributables be distributed separately. This Agreement does not give Licensee any rights to distribute any of the parts of the Licensed Software listed in Appendix 1, Section 2, neither as a whole nor as parts or snippets of code. 7. The license granted in this Agreement for Licensee to create Applications and distribute them to Licensee's customers is subject to all of the following conditions: (i) Licensee will indemnify and hold RibbonSoft, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of Applications; (ii) Applications must be developed using a licensed, registered copy of the Licensed Software; (iii) Applications must add primary and substantial functionality to the Licensed Software; (iv) Applications may not pass on functionality which in any way makes it possible for others to create software with the Licensed Software; (v) Applications may not compete with the Licensed Software; (iv) Licensee may not use RibbonSoft's or any of its suppliers' names, logos, or trademarks to market Application(s), except to state that Application was developed using the Licensed Software. NOTE: dxflib Open Source Edition is licensed under the terms of the GPL and not under this Agreement. If Licensee has, at any time, developed all (or any portions of) the Application(s) using RibbonSoft's publicly licensed dxflib Open Source Edition, Licensee must comply with RibbonSoft's requirements and license such Application(s) (or any portions derived there from) under the terms of the Free Software Foundation's GNU General Public License version 2 (the "GPL") a copy of which is located at http://www.gnu.org/copyleft/gpl.html#SEC1 (i.e., any Product(s) and/or parts, components, portions thereof developed using GPL licensed software, including dxflib Open Source Edition, must be licensed under the terms of the GPL, and the GPL-based source code must be made available upon request). WARRANTY DISCLAIMER 8. The Licensed Software is licensed to Licensee "as is". To the maximum extent permitted by applicable law, RibbonSoft on behalf of itself and its suppliers, disclaims 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 Licensed Software. LIMITATION OF LIABILITY 9. If, RibbonSoft's warranty disclaimer notwithstanding, RibbonSoft is held liable to Licensee, whether in contract, tort or any other legal theory, based on the Licensed Software, RibbonSoft's entire liability to Licensee and Licensee's exclusive remedy shall be, at RibbonSoft's option, either (A) return of the price Licensee paid for the Licensed Software, or (B) repair or replacement of the Licensed Software, provided Licensee returns to RibbonSoft all copies of the Licensed Software as originally delivered to Licensee. RibbonSoft shall not under any circumstances be liable to Licensee based on failure of the Licensed Software if the failure resulted from accident, abuse or misapplication, nor shall RibbonSoft under any circumstances be liable for special damages, punitive or exemplary damages, damages for loss of profits or interruption of business or for loss or corruption of data. Any award of damages from RibbonSoft to Licensee shall not exceed the total amount Licensee has paid to RibbonSoft in connection with this Agreement. SUPPORT AND UPDATES 10. Licensee will be eligible to access to Updates ("Updates") to the Licensed Software for a period not to exceed one year from the date of initial delivery ("Initial Term"), in accordance with RibbonSoft's then current policies and procedures, if any. Such policies and procedures may be changed from time to time. Following the Initial Term, RibbonSoft will no longer make the Licensed Software available to Licensee unless Licensee purchases additional Updates according to section 11 below. GENERAL PROVISIONS 11. Licensee Name: RibbonSoft may include Licensee's company name in a publicly available list of RibbonSoft customers. 12. Renewal of Updates: Licensee may purchase additional Updates following the Initial Term at RibbonSoft's terms and conditions applicable at the time of renewal. 13. No Assignment: Neither this Agreement nor Licensee's rights under this Agreement are assignable or transferable by Licensee either in whole or in part to any third party without RibbonSoft's written consent. Any attempted assignment or transfer in violation of the foregoing shall be void. RibbonSoft may assign or transfer this Agreement to any third party who acquires substantially all of RibbonSoft copyrights in and to the Licensed Software. 14. Termination: RibbonSoft may terminate the Agreement at any time immediately upon written notice by RibbonSoft to Licensee if Licensee breaches this Agreement, fails to pay the fees for the Licensed Software, or infringes RibbonSoft's intellectual property in or to the Licensed Software. Upon termination of the Licenses, Licensee shall return to RibbonSoft all copies of Licensed Software that were supplied by RibbonSoft. All other copies of Licensed Software i