License Agreement for Mobile components
By using software from componentXtra, you agree that you are bound by the terms and conditions below (the term ‘component’ also covers applications):
1. Components is licensed and not sold to you. Components from componentXtra is owned by us and is protected by copyright law, and we reserve ownership of all intellectual property rights in it, and all rights other than those expressly granted by this Agreement. You are not required to accept this License, since you have not signed it. However, nothing else grants you permission to use components from componentXtra. These actions are prohibited by law if you do not accept this License. Therefore, by using components from componentXtra, you indicate your acceptance of this License to do so, and all its terms and conditions.
2. Subject to payment of the componentXtra License fee:
2.1. We grant to you a non-transferable and non-exclusive license for a single App identified by its unique ID. We will grant you appropriate number of licenses depending on the type of the license you have purchased. Your Apps unique identification number (iOS: called “Bundle Identifier”) is embedded into your license file(s) such that it cannot be used with another App.
2.2. Having been granted the componentXtra runtime license, you may use one copy of componentXtra to integrate to the application, providing that each application adheres the following conditions:
2.2.1. The application may not compete with componentXtra,
2.2.2. The application may not expose the functionality of componentXtra through a programmable interface.
2.3. Having been granted the Royalty Free componentXtra design time license, you may embed runtime license files in your application and redistribute unlimited copies of your application with componentXtra components integrated into it on the end user’s computer, providing that each application adheres the following conditions:
2.3.1. The application may not compete with componentXtra,
2.3.2. The application may not expose the functionality of componentXtra through a programmable interface.
2.3.3. The license file may not be embedded in an application or distributed in any other manner automatically handled by the compiler that makes the license file appearance to the end user.
2.3.4. The application must be marked with a prominent copyright notice bearing the name of the licensee same as the name during registration.
2.4. If you later upgrade componentXtra, this Agreement will terminate, and all copies of the componentXtra to which it applies must be destroyed.
2.5. In addition, you may make no more than a reasonable number of backup copies of componentXtra; and utilise and make prints for your own personal use of (but not otherwise copy) any instructional and/or operational manuals relating to componentXtra.
2.6. You will promptly install any updated versions of componentXtra we may make available to you.
2.7. This license replaces any earlier license we may have granted to you for the use of earlier versions of componentXtra.
3. This Agreement and license is personal to you; you must keep any license File(s) provided to you confidential, and (save to such extent as may be expressly permitted by this license) you may not copy, rent, lease, assign or otherwise distribute or part with componentXtra components or any accompanying written materials. You must take reasonable steps to protect componentXtra components from unauthorised copying, publication, disclosure or distribution.
4. You may not modify componentXtra. You may not disassemble, decompile, or reverse engineer componentXtra, or otherwise attempt to discover the source code of componentXtra, except as expressly permitted under the European Council Directive of 14 May 1991 on the Legal Protection of Computer Programs (“the Directive”). In the event of any inconsistency between the Directive and any US legislation, the terms of the Directive shall prevail.
5. Warranties, and Limitation of Liability:
5.1. You acknowledge that you have had the opportunity to evaluate componentXtra components without charge, and that you have satisfied yourself that it meets your requirements in all material respects.
5.2. You acknowledge that it is not technically practicable to guarantee software to be error-free, and you agree that if any such errors are found to exist they shall not constitute a breach of this Agreement.
5.3. IN THE EVENT THAT YOU DISCOVER A MATERIAL ERROR WHICH SUBSTANTIALLY AFFECTS YOUR USE OF componentXtra components AND NOTIFY US OF THE ERROR WITHIN 90 DAYS FROM THE DATE OF THE EARLIER OF RECEIPT OF componentXtra components AND PAYMENT OF THE LICENSE FEE (THE “WARRANTY PERIOD”) WE SHALL AT OUR SOLE OPTION EITHER REFUND THE LICENSE FEE (IF ANY) OR USE ALL REASONABLE ENDEAVOURS TO CORRECT BY PATCH OR NEW RELEASE (AT ITS OPTION) THAT PART OF componentXtra component WHICH DOES NOT SO COMPLY PROVIDED THAT SUCH NON-COMPLIANCE HAS NOT BEEN CAUSED BY ANY MODIFICATION, VARIATION OR ADDITION TO componentXtra components NOT PERFORMED BY US OR CAUSED BY ITS INCORRECT USE, ABUSE OR CORRUPTION OF componentXtra components OR BY USE OF componentXtra components WITH OTHER SOFTWARE OR ON EQUIPMENT WITH WHICH IT IS INCOMPATIBLE.
5.4. TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO componentXtra components, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
5.5. ALTHOUGH WE DO NOT WARRANT THAT componentXtra components SUPPLIED HEREUNDER SHALL BE FREE FROM ALL KNOWN VIRUSES WE HAVE USED COMMERCIALLY REASONABLE EFFORTS TO CHECK FOR THE MOST COMMONLY KNOWN VIRUSES. YOU ARE NEVERTHELESS SOLELY RESPONSIBLE FOR VIRUS SCANNING componentXtra components.
5.6. WE SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS OR DAMAGE WHATSOEVER OR HOWSOEVER CAUSED ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THIS LICENSE, componentXtra components, ITS USE OR OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED UNDER THE APPLICABLE LAW.
5.7. NOTWITHSTANDING THE GENERALITY OF THE ABOVE, IN NO EVENT WILL WE BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE WHICH MAY ARISE IN RESPECT OF componentXtra components, ITS USE, OR IN RESPECT OF OTHER EQUIPMENT OR PROPERTY, OR FOR LOSS OF PROFIT, BUSINESS, REVENUE, GOODWILL OR ANTICIPATED SAVINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
5.8. componentXtra components, AND ALL ACCOMPANYING FILES, DATA AND MATERIALS, ARE DISTRIBUTED “AS IS” AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE OBJECT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
5.9. IF ANY EXCLUSION OR LIMITATION CONTAINED IN THIS LICENSE SHALL BE HELD TO BE INVALID FOR ANY REASON AND WE BECOME LIABLE FOR LOSS OR DAMAGE THAT MAY LAWFULLY BE LIMITED, SUCH LIABILITY SHALL BE LIMITED TO THE LICENSE FEE PAID BY YOU FOR componentXtra components.
5.10. We do not exclude liability for death or personal injury to the extent only that it arises as a result of our negligence or that of our employees, agents or authorized representatives.
6. You acknowledge that these terms supersede all prior agreements, and are complete and exclusive. No oral or written information given by us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this warranty in any way, and you may not rely on any such advice.
7. If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall stand.
8. This License shall be governed by the laws of United States of America.