License agreement for AxpDataGrid for ASP.NET For information on the AxpDataGrid component see http://www.axezz.com/axpdatagrid/ ========================================================================== DEVELOPER LICENSE AGREEMENT PLEASE READ License Version August 1st 2003 ========================================================================== Software License Agreement and Limited Warranty Please read this License Carefully. This is a legal agreement between the end user ("Licensee") and Axezz. The enclosed software are licensed by Axezz to the original individual customer for use only on the terms described in this License Agreement (this "License"). Using the Software indicates that the end user accepts and agrees to comply with these terms. If there is any disagreement on these terms, (a) the software may be removed from the computer upon which it was installed, or (b) write to Axezz with a request to modify any term of this License. Please allow 4 weeks for a response. 1. LICENSES. (a) Axezz hereby grants to Licensee a non-exclusive, nontransferable, license (without the ability to sublicense) to use this product. The SOFTWARE is licensed per individual developer AS SPECIFIED IN THE PURCHASE OF THE PRODUCT. You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same developer. (b) Axezz retains title to the Software in all forms whatsoever. (c) All rights not expressly granted herein are reserved by Axezz. (d) PROHIBITED USES. You may not, without the prior written permission of Axezz: (i) 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 SOFTWARE provided in object code form only. (ii) Use, copy, modify, or merge copies of the Software and any accompanying documents except as permitted in this LICENSE. (iii) Transfer, rent, lease, or sublicense the Software. 2. LICENSE FEES. This license shall have no force or effect unless and until Licensee shall have submitted to Axezz all applicable license fees in full. All such fees are exclusive of any taxes, duties, licenses, fees, excises or tariffs now or hereafter imposed on Licensee's production, licensing, sale, transportation, import, export or use of the Software or Licensee Programs, all of which shall be the responsibility of Licensee, other than taxes attributable to Axezz' net income. 3. LIMITED WARRANTY. Axezz does not warrant that the Software will meet Licensee's specific requirements, or that operation of the Software will be uninterrupted or error-free. Axezz is not responsible for any problem. This includes any problem which would otherwise be a breach of warranty, caused by (i) changes in the operating characteristics of computer hardware or computer operating systems, (ii) interaction of the Software with software not supplied or approved by Axezz, or (iii) accident, abuse, or misapplication. (b) Axezz's entire liability and Licensee's sole remedy under the foregoing warranty during the warranty period is that Axezz shall, at its sole and exclusive option, either use reasonable efforts to correct any reported deviation from the relevant product documentation, replace the Software with a functionally equivalent program, or refund all license fees paid, in which case, this License shall immediately terminate. (c) THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTIES ARE MADE BY Axezz OR ITS LICENSORS, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. (d) SOME US STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS WARRANTY GIVES THE END USER SPECIFIC LEGAL RIGHTS. THE END USER MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. 4. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Axezz BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF Axezz HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. In no event shall Axezz's total liability to Licensee for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by Licensee for the Software. 5. BREACH AND TERMINATION. (a) This License is effective until terminated. This License may be terminated by the non-defaulting party if either party materially fails to perform or comply with this License or any provision hereof. (b) Termination due to a breach of Section 6 shall be effective upon notice. In all other cases termination shall be effective thirty (30) days after notice of termination to the defaulting party if the defaults have not been cured within such thirty (30) day period. The rights and remedies of the parties provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. (c) Upon termination of this Agreement, all rights and licenses granted hereunder shall immediately terminate and all Software and other Proprietary Information of Axezz in the possession of Licensee or under its control, shall be immediately returned to Axezz. End user licenses properly granted pursuant to this Agreement and prior to termination of this Agreement shall not be diminished or abridged by the termination of this Agreement. 6. GOVERNING LAW. The rights and obligations under this Agreement shall be governed by the laws of Norway excluding international treaties governing copyrights.