End-User License Agreement

1.      INTRODUCTION

IMPORTANT – READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (an individual or a single entity, also referred to in this agreement as "LICENSEE", "you") and ZettaCube Limited ("ZETTACUBE"), for the software product suite ZettaCube ZeeControls ("PRODUCT SUITE"), which includes computer software and may include associated media, printed materials, online or electronic documentation, future updates and supplements to the original materials.

The PRODUCT SUITE includes the following individual products:

1.       Web Splitter

2.       WebDock

3.       WebLayout

and a free product:

4.       WebLayoutLite

Each individual product ("INDIVIDUAL PRODUCT") and free product ("FREE PRODUCT") is licensed separately.

The PRODUCT SUITE may contain third-party libraries.  The licenses governing the use of such libraries, if any, are stated in the clause THIRD-PARTY LIBRARIES in this EULA.

By installing, purchasing or otherwise using the PRODUCT SUITE, you agree to be bound by the terms and conditions of this EULA.  If you do not agree to any of the terms of this EULA, you are not permitted to use the PRODUCT SUITE in any way, and all copies of the PRODUCT SUITE must be removed from your system(s).

Any license ZETTACUBE may have granted to you for the use of earlier versions of the PRODUCT SUITE is replaced by this EULA.

The PRODUCT SUITE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets.  The PRODUCT SUITE is licensed, not sold.  ZETTACUBE retains all rights not expressly granted to you in this EULA.

2.      DEFINITION

2.1.          SOLUTION

A SOLUTION is an application solution that makes use of an INDIVIDUAL PRODUCT or a FREE PRODUCT, and is developed by licensed developers.

3.      GRANT OF LICENSE

ZETTACUBE grants to you a non-exclusive, non-transferable license to install, copy and use an INDIVIDUAL PRODUCT or a FREE PRODUCT provided that you comply with all the terms and conditions of this EULA.

There are three types of applicable licenses:

3.1.          TRIAL LICENSE

A Trial License applies unless you purchased a Developer License, or obtained a Free License.  With a Trial License, you are limited to use an INDIVIDUAL PRODUCT or a FREE PRODUCT for evaluation purposes only.  You are authorized to install, copy, and use an INDIVIDUAL PRODUCT or a FREE PRODUCT for the sole purpose of testing its functionality.  You are not allowed to integrate it in end products or use it in a production environment for any commercial or non-commercial purpose.  You must remove all copies of an INDIVIDUAL PRODUCT or a FREE PRODUCT from your system(s) when the trial period has expired.

3.2.          DEVELOPER LICENSE

A Developer License applies when you purchase such a license from ZETTACUBE.  An INDIVIDUAL PRODUCT is licensed per developer seat under this license.  Each individual using or otherwise accessing an INDIVIDUAL PRODUCT for development purposes must obtain a Developer License.  This license is perpetual, non-transferable, non-exclusive and royalty-free.

Each INDIVIDUAL PRODUCT is licensed separately.

You may make copies on one or more computers, provided that the use of an INDIVIDUAL PRODUCT is by the same licensed developer.  The INDIVIDUAL PRODUCT is considered "in use" on a computer when it is loaded into temporary memory (e.g. RAM) or installed into permanent memory (e.g. hard disk or other storage device).  An INDIVIDUAL PRODUCT is not considered "in use" if it is installed on a network server for the sole purpose of internal distribution among licensed developers.

When you purchase a Developer License for an INDIVIDUAL PRODUCT, a Design-Time License File and a Run-Time License File for that INDIVIDUAL PRODUCT will be delivered to you.  These files will contain information about the LICENSEE, such as the company name of the LICENSEE.

You may make copies of the Design-Time License File on one or more development machines, provided that you ensure no one other than the licensed developers can access this file.

3.2.1.      Redistribution Rights

3.2.1.1.            Run-Time Library File

The Run-Time Library File includes:

ZettaCube.ZeeControls.dll

You are granted a royalty-free license to ship the Run-Time Library File as part of a SOLUTION.  There is no limit on the number of SOLUTIONS that an INDIVIDUAL PRODUCT can be shipped with.

SOLUTIONS can be commercial solutions, applications for company's internal use, hosted solutions, shrink-wrapped products, or solutions deployed at end-users' sites.

SOLUTIONS must provide functionalities that are significantly different from an INDIVIDUAL PRODUCT.  SOLUTIONS can neither be merely wrappers around the functionalities of an INDIVIDUAL PRODUCT, nor just provide substantially the same functionalities as an INDIVIDUAL PRODUCT.

SOLUTIONS cannot be user interface libraries of any kind.

You need to duly inform your customers or users of the SOLUTIONS that they are not allowed to use an INDIVIDUAL PRODUCT or any part of it independently from the SOLUTIONS, and cannot use an INDIVIDUAL PRODUCT in design-time environment, such as Microsoft Visual Studio, without purchasing the appropriate number of Developer Licenses from ZETTACUBE.

You are NOT allowed to grant further redistribution rights to the customers or users of the SOLUTIONS.

3.2.1.2.            Design-Time License File

You are NOT allowed to redistribute the Design-Time License File.

3.2.1.3.            Run-Time License File

You are granted a royalty-free license to ship the Run-Time License File as part of your SOLUTIONS. There is no limit on the number of SOLUTIONS that the Run-Time License File can be shipped with.

You need to duly inform your customers, users or operators of the SOLUTIONS that they are not allowed to use or redistribute the Run-Time License File in any circumstances other than using it with your SOLUTIONS, and they should exert reasonable efforts to protect the file from being accessed by others.

You are NOT allowed to grant further redistribution rights to the customers or users of the SOLUTIONS.

3.2.2.      Standard Support

As part of the Developer License you are entitled to one year of email support, and unlimited free minor version updates.  A version update is considered minor if the first part of a version number remains unchanged (e.g. from version 2.0.85 to 2.0.86, or from version 2.0.85 to 2.1.0).

3.3.          FREE LICENSE

A Free License applies when you obtain such a license from ZETTACUBE.  A FREE PRODUCT is licensed per developer seat under this license.  Each individual using or otherwise accessing or a FREE PRODUCT for development purposes must obtain a Free License.  This license is perpetual, non-transferable, non-exclusive and royalty-free.

You may make copies on one or more computers, provided that the use of a FREE PRODUCT is by the same licensed developer.  The FREE PRODUCT is considered "in use" on a computer when it is loaded into temporary memory (e.g. RAM) or installed into permanent memory (e.g. hard disk or other storage device).  A FREE PRODUCT is not considered "in use" if it is installed on a network server for the sole purpose of internal distribution among licensed developers.

When you obtain a Free License for a FREE PRODUCT, a Design-Time License File and a Run-Time License File for that FREE PRODUCT will be delivered to you.  These files will contain information about the LICENSEE, such as the company name of the LICENSEE.

You may make copies of the Design-Time License File on one or more development machines, provided that you ensure no one other than the licensed developers can access this file.

3.3.1.      Redistribution Rights

3.3.1.1.            Run-Time Library File

The Run-Time Library File includes:

ZettaCube.ZeeControls.dll

You are granted a royalty-free license to ship the Run-Time Library File as part of a SOLUTION.  There is no limit on the number of SOLUTIONS that a FREE PRODUCT can be shipped with.

SOLUTIONS can be commercial solutions, applications for company's internal use, hosted solutions, shrink-wrapped products, or solutions deployed at end-users' sites.

SOLUTIONS must provide functionalities that are significantly different from a FREE PRODUCT.  SOLUTIONS can neither be merely wrappers around the functionalities of a FREE PRODUCT, nor just provide substantially the same functionalities as a FREE PRODUCT.

SOLUTIONS can neither be user interface libraries of any kind, nor ASP.NET server control libraries.

You need to duly inform your customers or users of the SOLUTIONS that they are not allowed to use a FREE PRODUCT or any part of it independently from the SOLUTIONS, and cannot use a FREE PRODUCT in design-time environment, such as Microsoft Visual Studio, without obtaining the appropriate number of Developer Licenses from ZETTACUBE.

You are NOT allowed to grant further redistribution rights to the customers or users of the SOLUTIONS.

3.3.1.2.            Design-Time License File

You are NOT allowed to redistribute the Design-Time License File.

3.3.1.3.            Run-Time License File

You are granted a royalty-free license to ship the Run-Time License File as part of your SOLUTIONS. There is no limit on the number of SOLUTIONS that the Run-Time License File can be shipped with.

You need to duly inform your customers, users or operators of the SOLUTIONS that they are not allowed to use or redistribute the Run-Time License File in any circumstances other than using it with your SOLUTIONS, and they should exert reasonable efforts to protect the file from being accessed by others.

You are NOT allowed to grant further redistribution rights to the customers or users of the SOLUTIONS.

3.3.2.      Standard Support

As part of the Free License you are entitled to unlimited free minor version updates.  A version update is considered minor if the first part of a version number remains unchanged (e.g. from version 2.0.85 to 2.0.86, or from version 2.0.85 to 2.1.0).

4.      OTHER RIGHTS AND LIMITATIONS

You may not rent, lease, resell or sublicense the PRODUCT SUITE, any INDIVIDUAL PRODUCT or FREE PRODUCT.

The PRODUCT SUITE, any INDIVIDUAL PRODUCT or FREE PRODUCT may not be distributed for use with SOLUTIONS other than those developed by you.

You are not allowed to disassemble, decompile, reverse engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the PRODUCT SUITE, any INDIVIDUAL PRODUCT or FREE PRODUCT.

You agree to indemnify, hold harmless, and defend ZETTACUBE from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your SOLUTIONS.

ZETTACUBE shall defend, indemnify and hold harmless LICENSEE from and against any claims or lawsuits including attorney's fees that arise as result of infringement of any intellectual property rights or other rights of any person or entity by the INDIVIDUAL PRODUCT. The foregoing obligation of ZETTACUBE does not apply if LICENSEE continues the allegedly infringing activity after being notified thereof and provided modifications that would have avoided the alleged infringement.

You may not use the ZETTACUBE product names, logos or trademarks to market your SOLUTIONS.

5.      DELIVERY

ZETTACUBE shall make available for LICENSEE a copy of the PRODUCT SUITE in electronic format.

6.      UPGRADES

LICENSEE is eligible for free minor upgrades (e.g. from version 1.0 to 1.1), and bug-fixes for an INDIVIDUAL PRODUCT or a FREE PRODUCT.  An upgrade replaces or supplements the earlier versions of the PRODUCT SUITE, an INDIVIDUAL PRODUCT and/or a FREE PRODUCT, and might not be able to exist simultaneously with the earlier versions of the PRODUCT SUITE, an INDIVIDUAL PRODUCT or a FREE PRODUCT on the same computer.  Your use of upgrade versions will be bound by this EULA unless a new license agreement explicitly overrides this EULA.

7.      TERMINATION

The term of this EULA shall continue perpetually from the date you accepted this EULA, unless terminated according to the provisions below.

Without prejudice to any other rights, ZETTACUBE may terminate this EULA if the LICENSEE fails to comply with the terms and conditions of this EULA.  In such event, you must destroy all copies of an INDIVIDUAL PRODUCT or a FREE PRODUCT, including the Design-Time License File and Run-Time License File.

8.      PRODUCT LIFE

ZETTACUBE reserves the right to discontinue the PRODUCT SUITE, an INDIVIDUAL PRODUCT or a FREE PRODUCT at any time.  However, a proper level of support will be maintained for a period of one year after the date of discontinuance.

9.      NO REFUND

The PRODUCT SUITE is available for free trial to allow potential customers to evaluate and test it before purchase.  It is fully functional during the trial period (except a friendly reminder will be popped-up occasionally).  Once you place an order, and the license information has been emailed to you, no refunds will be given.  So please evaluate and test the PRODUCT SUITE carefully during the trial period.

10.  COPYRIGHT

Unless otherwise specified, all title and copyrights in and to the PRODUCT SUITE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the PRODUCT SUITE), the accompanying printed or electronic materials, any copies of the PRODUCT SUITE, and any trademarks or service marks of ZETTACUBE are owned by ZETTACUBE.  All title and intellectual property rights in and to the content that may be accessed through the use of the PRODUCT SUITE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.  This EULA grants you no rights to use such content.

11.  WARRANTY

ZETTACUBE expressly disclaims any warranty for the PRODUCT SUITE.  The PRODUCT SUITE is provided "as is", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose.

12.  LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZETTACUBE BE LIABLE FOR ANY CLAIM, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT SUITE, 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, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT SUITE.  IN ANY CASE, ZETTACUBE'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS EULA SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO ZETTACUBE FOR AN INDIVIDUAL PRODUCT GIVING RISE TO SUCH DAMAGES.  

13.  THIRD-PARTY LIBRARIES

The PRODUCT SUITE makes use of a third-party library which is governed by the following license:

The JsonFx License:

Distributed under the terms of an MIT-style license:

The MIT License

Copyright (c) 2006-2008 Stephen M. McKamey

Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.

14.  MISCELLANEOUS

If any provision of this EULA 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 EULA shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.  This EULA represents the entire understanding between the parties with respect to its subject matter.

You agree that this EULA be drafted in the English Language.

2009/03/24