This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you ("Licensee", either as an individual or a single entity) and Mono LLC ("Vendor"), for the software product MonoX ("Product") of which Mono Software is the copyright holder.
Please read this document carefully! In case you do not agree with the said terms and conditions, immediately stop using this software!
1. Grant. Vendor, subject to the terms and conditions of this License Agreement, hereby grants you a nonexclusive, nontransferable right and license during the term of this Agreement to use software by Vendor for as long as you abide by the provisions stipulated herein.
2. Copyright. The software specified in this License Agreement is licensed, not sold. It is and will be the sole property of Vendor. It is subject to copyright and as such is protected to the fullest extent allowable by law. It includes derivate works based on the software products listed below .The intellectual property for these products remains with their respective publishers.
XML-RPC.NET Copyright (c) 2006 Charles Cook
DotNetOpenID Copyright (c) 2008-2009, Andrew Arnott
Apache log4net, Copyright(c) 2010 The Apache Software Foundation
Lucene.net, Copyright(c) 2010 The Apache Software Foundation
SharpZipLib, Copyright(c) 2000-2009 ic#code
Smart Thread Pool, Copyright(c) 2009 Ami Bar
3. Limitations. You may not use the software in any way which threatens or violates the owner's copyright. That includes decompiling, reverse engineering, disassembling or making derivative products of the software or decoding it in any other way. All rights not expressly granted are reserved. Any copy of the software you are allowed to make pursuant to this Agreement must contain the entire copyright and other notices included with the original copy of the software.
4. Transferability. This license is granted to you only and as such does not permit you to sell, lend, assign, lease or transfer in any other way any copy of the software. Any transfer in violation of this provision is not permitted and may cause your license to be terminated with no refund of the licensing fee paid.
6. Source code. If the source code accompanies the Product, as in the Source code edition, Vendor grants to you one (1) personal, nontransferable, nonexclusive, royalty-free license to make and use copies of the source code and install such source code on any number of computers (i) for his internal use, (ii) to design, develop and test his software products. You may not redistribute the source code, or any component thereof, whether modified or not to any third party. The following terms and conditions apply if the source code accompanies the Product:
i. You can incorporate the source code into an unlimited number of solutions (Web sites or custom Web applications) and distribute it as an integrated part of those solutions in a compiled form only.
ii. You are also granted a license to integrate and distribute the source code in 1 (one) commercial product in a compiled form only. Individual licenses need to be purchased for every single subsequent commercial product
iii. Your solutions and commercial products must be developed solely by individuals employed by or belonging to your entity.
iv. Your solutions and commercial products must add significant and primary functionality to the Product.
v. The Product or any part of its code cannot be used as a basis for a competing portal framework, content management system, or similar product.
vi. You are not allowed to resell, transfer, rent, lease, or sublicense the source code and associated rights.
vii. Under no circumstances may any portion of the source code or any modified version or derivative work of the source code be distributed, disclosed or otherwise made available to any third party.
viii. You acknowledge that the source code contains valuable and proprietary Vendor’s trade secrets. All individuals employed by or belonging to your entity agree to expend every effort to insure its confidentiality.
ix. You agree to indemnify, hold harmless, and defend Vendor 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 licensee’s software products.
x. The source code is sold as is.
7. Support. Vendor does not provide dedicated technical support for the Free edition. Support is provided by Vendor's community resources: blogs, forums, knowledge base.
Users of the Source code edition receive one year of unlimited technical support. A separate support contract may be purchased at any time to ensure full technical support.
8. Limited Warranty. Vendor guarantees that the software will correspond in general terms to the description given in the user documentation for 90 days from the date the product was purchased. Vendor does not warrant that the software will operate without interruptions or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. In case you make a warranty claim within the 90-day warranty period, the liability of Vendor is limited to replacing the product or refunding you the licensing fee paid, if any. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS LICENSE, VENDOR DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability. THE PRODUCT IS PROVIDED "AS IS". TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL VENDOR 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, VENDOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO VENDOR 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. VENDOR 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 VENDOR IS FOR TESTING USE ONLY AND VENDOR HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF VENDOR'S LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.
10. Responsibility for Software Updates. In order to ensure that the software functions properly, Vendor publishes updates and patches for this software on its web pages. These updates improve the workings of the software and remove possible bugs. You are responsible for proper configuration of the software updating process to provide for the highest possible level of functional reliability.
11. Governing Law. This Agreement shall be governed by the laws of the Republic of Croatia excluding conflicts of laws principles. All disputes arising under this Agreement or in connection therewith will be adjudicated by the County Court in Osijek, Republic of Croatia.
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 VENDOR AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.