Ext.NET.Classic.Theme.Spotless 7.0.0-rc

License file

Ext.NET Pro Theme Software License Agreement

Version 7.0.0

THIS DOCUMENT IS A LEGAL AGREEMENT (the “Agreement”) BETWEEN OBJECT.NET, INC. (“We,” “Us”) AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE ENTERING INTO THIS AGREEMENT (“You”) IN RELATION TO EXT.NET PRO THEME SOFTWARE GENERALLY MADE AVAILABLE IN SOURCE CODE FORMAT.

RIGHTS GRANTED HEREIN APPLY ONLY TO SOFTWARE FOR WHICH YOU’VE PAID THE APPLICABLE FEE.

We provide You with source code to the EXT.NET PRO THEME so that You can create Modifications and Applications. While You retain all rights to any original work authored by You as part of the Modifications, We continue to own all copyright and other intellectual property rights in the EXT.NET PRO THEME.

You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software.

1. DEFINITIONS

"Theme" shall mean the SASS, CSS, JAVASCRIPT, and HTML source code snippets made available to the Licensee after purchasing a Ext.NET Pro Theme license.

“Application” means any software, application, or elements that Your Designated Users develop using the Software or Modifications in accordance with this Agreement; provided that any such Application (i) must have substantially different functionality than the Software, and (ii) must not allow any third party to use the EXT.NET PRO THEME or Modifications, or any portion thereof, for software development or application development purposes.

“Designated User” shall mean a single distinct person for whom You have purchased a license to use the Software, whether such person is an employee acting within the scope of their employment with You or Your consultant or contractor acting within the scope of the services they provide for You. A Designated User can be replaced with a new Designated User only after being a Designated User for a minimum of six (6) months.

“End User” means an end user of Your Application who acquires a license to such solely for their own internal use and not for distribution, resale, user interface design, or software development purposes.

"End Product" is any artifact produced that incorporates the Ext.NET Pro Theme.

"Client" is an individual or entity receiving professional services from the Licensee.

“Modification” means: a) any addition to or deletion from the contents of a file included in the original EXT.NET PRO THEME or previous Modifications created by You, and/or b) any new file that leverages any part of the original EXT.NET PRO THEME or previous Modifications.

“Sample Code” means sample source code included with the Software and designated as “sample code,” “samples,” “sample application code,” “stencils,” “app templates,” and/or “snippets,” and/or found in directories labeled “samples” or “examples”.

2. LICENSE GRANTS

Subject to the payment of the fee required, and subject to Your compliance with all of the terms and conditions of this Agreement, We grant to You a revocable, non-exclusive, non-transferable, non-sublicensable, perpetual right and license (i) for Designated User(s) to use the Software to create Modifications and Applications; (ii) for You to distribute the EXT.NET PRO THEME and/or Modifications to End Users solely as integrated into the Applications; and (iii) for End Users to use the EXT.NET PRO THEME as integrated into Your Applications.

The license grants permission to one individual as an Employee and Contractor of the Licensee to access and use the Ext.NET Pro Theme.

You can:

- Use the Ext.NET Pro Theme to create unlimited End Products.
- Modify the Ext.NET Pro Theme to create derivative themes for your own use. Those derivative themes are subject to this license.
- Use the Ext.NET Pro Theme to create unlimited End Products for unlimited Clients.
- Use the Ext.NET Pro Theme to create End Products where the End Product is sold to End Users.

You cannot:

- Use the Ext.NET Pro Theme to create End Products that are designed to allow an End User to build their own End Products using the Ext.NET Pro Theme or derivatives of the Ext.NET Pro Theme.
- Re-distribute the Ext.NET Pro Theme or derivatives of the Ext.NET Pro Theme separately from an End Product, neither in code or as design assets.
- Share your access to the Ext.NET Pro Theme with any other individuals.
- Use the Ext.NET Pro Theme to create End Products that are open source and freely available to End Users.

Sample Code. You may modify the Sample Code solely for the purposes of designing, developing and testing Applications. You are permitted to use, copy and redistribute Your modified Sample Code only if all of the following conditions are met: (a) You include Our copyright notice (if any) with Your Application, including every location in which any other copyright notice appears in such Application; (b) You do not otherwise use Our name, logos or other of Our trademarks to market Your Application, unless otherwise agreed by Us in writing; and (c) each Designated User is duly licensed to use and distribute any of Our products that may be included in an application using and/or generated by the Software.

Example usage:

Examples of usage allowed by the license:

- Creating a website or web application for your company
- Creating a website or web application for a client that will be owned by that client
- Creating a commercial SaaS application where end users have to pay a fee to use the application
- Creating a commercial self-hosted web application that is sold to end users for a one-time fee

Examples of usage not allowed by the license:

- Use the Ext.NET Pro Theme to create End Products that are the property of any individual or entity other than the Licensee or Clients of the Licensee.
- Creating a repository of your favorite Ext.NET Pro Themes (or derivatives based on Ext.NET Pro Themes) and publishing it publicly
- Creating a substantially similar version of an Ext.NET Pro Theme and making it available either for sale or for free
- Creating a "website builder" project where end users can build their own websites using a theme included with or derived from Ext.NET Pro Theme
- Creating a theme, template, or project starter kit using the Ext.NET Pro Theme and making it available either for sale or for free
- Creating a web application where the primary purpose is to simply re-distribute the theme (like a conference organization app that uses the Ext.NET Pro theme for its UI for example) that is free and open source, where the source code is publicly available

3. OWNERSHIP

This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement.

4. PROHIBITED USES OF EXT.NET PRO THEME

You may not redistribute the EXT.NET PRO THEME or Modifications other than by including the EXT.NET PRO THEME or a portion thereof within Your Application. You may not redistribute the EXT.NET PRO THEME or Modifications as part of any Application of which all or any part can be described as a development toolkit or library, an application builder, a website builder, a user interface designer, a forms builder, or is intended for use by software, application, or website developers or designers. You may not redistribute any part of the EXT.NET PRO THEME documentation. You may not change or remove the copyright notice from any of the files included in the EXT.NET PRO THEME or Modifications.

UNDER NO CIRCUMSTANCES MAY YOU USE THE EXT.NET PRO THEME FOR AN APPLICATION THAT IS INTENDED FOR SOFTWARE OR APPLICATION DEVELOPMENT PURPOSES.

You are required to ensure that the EXT.NET PRO THEME is not reused by or with any applications other than those with which You distribute it as permitted herein. For example, if You install the EXT.NET PRO THEME on a customer’s server, that customer is not permitted to use the EXT.NET PRO THEME independently of Your Application, and must be informed as such.

5. PROHIBITED USES OF Ext.NET Pro Theme

You agree not to sublicense, assign or transfer the Ext.NET Pro Theme or Your rights in the Ext.NET Pro Theme, or authorize any portion of the Ext.NET Pro Theme to be copied onto or accessed from another individual’s or entity’s computer except as may be explicitly provided in this Agreement. Notwithstanding anything to the contrary in this section, You may transfer copies of the Ext.NET Pro Theme installed on one of Your computers to another one of Your computers provided that the resulting installation and use of the Ext.NET Pro Theme is in accordance with the terms of this Agreement and does not cause You to exceed Your right to use the Ext.NET Pro Theme under this Agreement. Except as expressly authorized under this Agreement, You are prohibited from: (a) renting, leasing, lending or granting other rights in the Ext.NET Pro Theme including rights on a membership or subscription basis; and (b) providing use of the Ext.NET Pro Theme in a computer service business, third party outsourcing facility or service, service bureau arrangement, network, or time sharing basis.

You agree not to modify, port, adapt or translate the Ext.NET Pro Theme. You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Ext.NET Pro Theme. You agree not to use any part of the Ext.NET Pro Theme or Your knowledge of the Ext.NET Pro Theme (or any information that You learn as a result of Your use of the Ext.NET Pro Theme) to create a product with the same or substantially the same functionality as the Ext.NET Pro Theme. The Ext.NET Pro Theme may include various applications, utilities and components, may support multiple platforms and languages or may be provided to You on multiple media or in multiple copies. Nonetheless, the Ext.NET Pro Theme is designed and provided to You as a single product to be used as a single product on computers and platforms as permitted herein. You are not required to use all component parts of the Ext.NET Pro Theme, but You shall not unbundle any component parts of the Ext.NET Pro Theme for use on different computers. You shall not unbundle or repackage the Ext.NET Pro Theme for distribution, transfer or resale.

You agree to use the Software pursuant to the terms and conditions of this Agreement, and not any other terms or conditions unless provided in writing signed by the parties hereto.

6. TERMINATION

This Agreement and Your right to use the Software and Modifications will terminate immediately if You fail to comply with any of the terms and conditions of this Agreement. Upon termination, You agree to immediately cease using and destroy the Software or Modifications, including all accompanying documents. The provisions of sections 3, 4, 5, 6, 7, 8, 9, and 10 will survive any termination of this Agreement.

7. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR THE CODE IT PRODUCES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.

8. LIMITATION OF LIABILITIES

IN NO EVENT WILL WE, OUR SUBSIDIARIES, OUR AFFILIATES, OR OUR LICENSORS BE LIABLE TO YOU, WHETHER IN CONTRACT, BY REASON OF NEGLIGENCE OR OTHERWISE, FOR PUNITIVE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, OR INDIRECT DAMAGES OR COSTS (INCLUDING LEGAL FEES AND EXPENSES) OR LOSS OF GOODWILL OR PROFIT IN CONNECTION WITH THE SUPPLY, USE OR PERFORMANCE OF OR INABILITY TO USE THE SOFTWARE, OR NON-PERFORMANCE OF ANY OBLIGATIONS PROVIDED HEREUNDER, OR IN CONNECTION WITH ANY CLAIM ARISING FROM THIS AGREEMENT, EVEN IF WE, OUR SUBSIDIARIES, OUR AFFILIATES, OR OUR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COSTS YOU AGREE THAT OUR ENTIRE LIABILITY HEREUNDER FOR DAMAGES IS LIMITED TO A REFUND OF YOUR LICENSE FEE.

9. VERIFICATION

We or a certified auditor acting on Our behalf, may, upon Our reasonable request and at Our expense, audit You with respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an in-person visit to Your place of business. Any such in-person audit shall be conducted during regular business hours at Your facilities and shall not unreasonably interfere with Your business activities. We shall not remove, copy, or redistribute any electronic material during the course of an audit. If an audit reveals that You are using the Software in a way that is in material violation of the terms of this Agreement, then You shall pay Our reasonable costs of conducting the audit. In the case of a material violation, You agree to pay Us two times any amounts owing that are attributable to the unauthorized use plus a legalization fee. In the alternative, We reserve the right, at Our discretion, to terminate the licenses for the Software, in addition to any other remedies available under law. This Section shall survive expiration or termination of this Agreement for a period of two (2) years.

10. MISCELLANEOUS

Limitations. The license granted herein applies only to the version of the Software available when purchased in connection with the terms of this Agreement, and to any updates and/or upgrades to which You may be entitled.

Consent. You agree to be identified as a customer of Ours and You agree that We may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in our marketing materials and web site.

Assignment. You may not assign or transfer this Agreement without Our prior written consent.

Entire Agreement. This Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. No oral or written information given by Us, Our resellers, or otherwise on Our behalf shall create a warranty or collateral contract, or in any way increase the scope of this Agreement in any way, and You may not rely on any such oral or written information. Any waivers or amendments shall be effective only if made in writing. Further, any different or additional terms of any related purchase order, confirmation, or similar form shall have no force or effect. The license granted herein is conditioned upon the acceptance of the terms and conditions hereof to the exclusion of all other terms, and no other or additional terms shall apply, unless so provided in writing signed by the parties hereto. You expressly agree by Your use of the Software that no such other, different or additional terms or conditions shall apply, notwithstanding any statements to the contrary included in any purchase order, confirmation, or similar form, and regardless of whether we accept payments referenced therein which shall not constitute acceptance of additional terms and conditions.

No Implied License. There are no implied licenses or other implied rights granted under this Agreement, and all rights, save for those expressly granted hereunder, shall remain with Us and our licensors. In addition, no licenses or immunities are granted to the combination of the Software and/or Modifications, as applicable, with any other software or hardware not delivered by Us or Our resellers to You under this Agreement. Your rights under this Agreement apply only to Software, Modifications, and/or Applications for which all Designated Users are duly licensed hereunder.

Legal Effect. If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall continue in full force and effect. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this Agreement shall remain in effect. The failure of either party to enforce any provision of this Agreement may not be deemed a waiver of that or any other provision of this Agreement.

Applicable Law. This Agreement, and all claims or causes of action that may be based upon, arise out of, or relate to this Agreement and/or the Software shall be governed by the law of the Province of Alberta, Canada (notwithstanding conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the Province of Alberta, Canada and further agree to commence any litigation which may arise hereunder or related hereto and/or to the Software in governed by the laws of the Province of Alberta and the applicable laws of Canada.

Commercial Computer Software. If the Software or any related documentation is licensed to the U.S. Government or any agency thereof, it will be considered to be “commercial computer software” or “commercial computer software documentation,” as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is being licensed with only those rights as are granted to all other licensees as set forth in this Agreement.

Object.NET, Inc.
+1(888)775-5888
hello@object.net
object.net

Ext.NET.Classic.Theme... 7.0.0-rc License Info

Ext.NET.Classic.Theme.Spotless 7.0.0-rc