Nevron Chart for .NET End user license agreement

NEVRON SOFTWARE LICENSE AGREEMENT

(Revised December, 2005)
IMPORTANT: Read carefully the following license agreement before installing or using Nevron Software Products, and/or all related materials.

This License Agreement is a legal agreement between you ("You"), either a person or a single entity, such as a company or organization, and Nevron LLC ("Nevron"), for the Nevron Software Products, which includes computer software, and may include associated media, printed materials, and online or electronic documentation (such products and materials being hereinafter referred to as "Software").

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT AND DO NOT INDICATE YOUR ACCEPTANCE, YOU WILL NOT BE PERMITTED TO USE NEVRON SOFTWARE.

1. General License Grants and Limitations

Software Ownership
This is a license agreement and NOT an agreement for sale. Nevron owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1.1. General License Grant.
The Software is licensed per individual developer using the Software for development purposes. Each developer who desires to use the Software must hold a valid license. Nevron grants to you, as an individual, a personal, single, nonexclusive license to use the Software, and to make and use copies of the Software for the purposes of designing, developing, testing, and demonstrating your software product, provided that you are the only individual using the Software. If you are an entity, Nevron grants to you, as a single entity, a personal, single, nonexclusive license to use the Software, and to make and use copies of the Software, provided that for each individual using the Software within your organization, you have acquired a separate and valid license.

The licensed version(s) of the Software in the package are royalty free for use in compiled application(s) only. You agree that you are licensing the Software for its end use only and not for resale or redistribution. Such activities may be performed only by Nevron authorized resellers. The redistribution restriction does not apply to the demo version of the Software.

The standard 1 developer license also includes 1 web server license. Additional web server licenses must be obtained if your application(s) is going to be deployed on more than one commercial web servers. Nevron doesn`t charge for test servers. There is no restriction on the number of CPU units in the web server. Please refer to Nevron for any special licensing requirements you may have.

Nevron does not permit the distribution of applications compiled with the evaluation version of the Software except for demo and testing purposes. You are free to use the evaluation version of the Software for such purposes for an unlimited period of time.

1.2. DEVELOPER LICENSE: For a single developer license, you are granted a license as a single developer (individual) to the particular licensed version of the Software. You are granted the right as a single individual to distribute your application(s) compiled with Nevron Software incurring no royalty-fee, regardless of the number of copies you redistribute or the price of your application(s), provided that the application(s) are developed solely by you. You may not distribute Nevron Software Products in order to use them in development environments or tools developed by you and must ensure that Nevron Software cannot be re-used for any purpose outside of your distributed application(s). If you use Nevron Software in such application(s) the users of these application(s) must also obtain a developer license as they are also considered developers that use Nevron Software.

1.3. SUBSCRIPTION LICENSE: The Subscription License is built on top of the Developer License. You are further granted a license as a single developer (individual) to all versions of the particular licensed Software released during the period of the subscription.

1.4. SOURCE CODE LICENSE: For Source Code license, you are granted a license with full Source Code as a single developer (individual) to the particular licensed version of the Software.

The following requirements are applicable only to owners of source code licenses.

1.4.1. Source code modification
You are granted the right to view, modify and extend the Source Code in order to meet any type of additional functionality required by your application(s). You may distribute the Source Code in compiled form provided that you comply with the distribution requirements outlined in section 2.1, 2.2 and 2.3.
1.4.2. No Source code distribution.
You may not distribute or share the Source Code, parts of it, design patterns, algorithms and any other information related to it to third parties.
1.4.3. Nevron retains all rights to refuse to sell a source code license to any individual, company or other type of entity.

1.5. OEM Licensing
Nevron provides a flexible OEM licensing program to suite customers` requirements for an OEM integration solution. Please refer to Nevron Sales for the OEM / Software Integration Program.

1.6. Academic (Educational) Licensing
1.6.1. Eligibility requirements
Nevron offers qualified Educational Institutions or Organizations and eligible Academic End Users the ability to buy educational licenses of the Software at discount prices for educational purposes.
1.6.2. Additional Limitations for Academic licensees
You may not use the software for commercial purposes if you purchase an educational license.

1.7. Documentation.
You may make and use an unlimited number of copies of any documentation, provided that such copies shall be used only for personal purposes and are not to be republished or distributed (either in hard copy or "online", or in electronic form) beyond your premises, and provided that you do not remove or obscure any trademark or copyright, that appear on the documentation of the Software, as delivered to you by Nevron.

1.8. Archival or Backup Copies.
You may copy the Software for backup and archival purposes, provided that the original and each copy are kept in your possession and that your installation and use of the Software does not exceed that allowed in the "General License Grant" section above.

1.9. Redistributable code.
You may not redistribute any part of the Software, except the run-time assemblies (.dlls). These dlls may only be redistributed upon your compliance with the Redistributable Code License rights described below.

2. Redistributable Code - Additional License Rights and Distribution Requirements

In addition to the rights granted above, the assemblies (.dll) ("the Redistributable"), is provided to you with additional license rights and distribution requirements.

2.1. Additional License Rights
Nevron grants you a limited, nonexclusive, royalty-free license to distribute the assemblies in the Software, so long as you redistribute such content in its entirety and do not modify such content in any way.

2.2. Distribution Requirements
The assemblies can be redistributed, in conjunction with and as a part of a software application product ("Licensee Software") developed by you and that furthermore complies with section 2.3 of this License Agreement. The Licensee Software must display your own valid copyright notice which shall be sufficient to protect Nevron`s copyright in the Redistributable. You can not remove or obscure any trademark or copyright, that appears on the Software as delivered to you by Nevron. If you choose to redistribute the dlls, you also agree: (i) to indemnify, hold harmless, and defend Nevron from and against any claims or lawsuits, including attorney`s fees, resulting from the use or distribution of the Licensee Software; (ii) to comply with the terms of this License Agreement; (iii) to permit further distribution of the Redistributable by your end users, only if they comply with all restrictions of this License Agreement that are applicable to you; (iv) and agree that Nevron reserves all rights not expressly granted.

2.3. Non-competition clause
The Licensee Software can not compete with the Software. Under no circumstances may the product be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any Nevron Software.

3. Other rights and limitations

3.1. Reservation of Rights and Title
Nevron reserves all rights not expressly granted to you in this License Agreement. The Software is protected by copyright and other intellectual property laws and treaties. Nevron owns the title, copyright, and other intellectual property rights in the Software. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS, INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE, AS A VIOLATION OF OUR TRADE SECRET RIGHTS.

3.2. No Reverse Engineering, no decompilation and no disassembly
You may not reverse engineer, decompile, or disassemble the Software.

3.3. No sublicensing, rental, no leasing and no lending
You may not sublicense, rent, lease or lend any portion of the Software.

3.4. No storing onto a server
You may not place the Software onto a server so that it is accessible via a public network such as an Intranet or the Internet.

3.5. Transfers
The license for the Software may not be transferred or assigned to anyone without the prior written consent of Nevron. Any authorized transferee of the Software shall be bound by the terms and conditions of the License Agreement.

3.6. Consent to Use of Technical Data
You agree that Nevron may use technical information gathered as part of the product support services provided to you, if any, related to the Software. Nevron may use this information to improve the Software or to provide customized services to you and will not disclose this information in a form that personally identifies you.

3.7. Additional Software/ Updates
This License Agreement applies to updates, supplements, add-on components, or Internet-based services, of the Software that Nevron may provide to you or make available to you after the date you got your initial copy of the Software, unless Nevron provides other terms along with the updates, supplements, add-on components, or Internet-based services components, of the Software.

3.8. Upgrades
To use a version of the Software identified as an upgrade, you must first be licensed for the version of the Software identified by Nevron as eligible for the upgrade. After upgrading, you will no longer receive Support for the Software that formed the basis for the upgrade.

3.9. Termination
This License Agreement takes effect upon your use of the Software and your acceptance. This License Agreement will terminate if you fail to comply with any term or condition described in this License Agreement. You agree, on termination of this License Agreement, to destroy the copy of the Software in your possession, including all updates, supplements, add-on components, or Internet-based services, of the Software that Nevron has provided to you.

3.10. NO WARRANTIES.
NEVRON EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3.11. NO LIABILITIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEVRON OR ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF NEVRON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.12. Assignment.
You represent that you are acting on behalf of yourself and/or your employer (either as an individual user, corporation or single entity) and are authorized to accept the terms and conditions of this License Agreement on its behalf.

3.13. Entire Agreement.
This License Agreement (including any addendum or amendment to this Agreement which is included with the Software) is the exclusive and entire agreement between you and Nevron relating to the Software and supersedes any and all prior oral or written agreements, proposals, negotiations and representations with respect to the Software or any other subject matter covered by this Agreement. This License Agreement may be modified only by writing, signed by Nevron and you. If any provision of this Agreement is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

4. Acknowledgement

You acknowledge that you have read and understand this agreement and agree to be bound by its terms.

If you have any questions regarding this License Agreement, please write to: sales@nevron.com.