Telerik End User License Agreement for Icenium®
Last Updated September 05, 2013
IMPORTANT – PLEASE READ THIS END USER LICENSE AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE ANY SOFTWARE, SERVICE, DOCUMENTATION, OR OTHER MATERIALS MADE AVAILABLE THROUGH THIS WEB SITE (Icenium.com). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (the “Licensee” or “You”), AND TELERIK AD (“Telerik” or “Licensor”). PLEASE CHECK THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING THE “I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AND/OR BY PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE OR SERVICES MADE AVAILABLE BY TELERIK THROUGH THIS WEB SITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY.
This is a license agreement and not an agreement for sale.
Icenium is Telerik’s proprietary software family which includes Icenium Graphite, Icenium Mist, Icenium Visual Studio Extension (VSX), Icenium Ion, Icenium LiveSync, Kendo UI Mobile, Kendo UI DataViz, the Icenium Cloud Services, and the Everlive Cloud Services.
Article I of this Agreement governs the licensing of Icenium Graphite, Icenium Mist, Icenium Visual Studio Extension (VSX), Icenium Ion, Icenium LiveSync (“Icenium”) and Kendo UI Mobile and Kendo UI DataViz (collectively the “Kendo UI Software”), (Icenium and Kendo UI Software collectively, the “Software”).
Article II of this Agreement governs Your use of the Icenium Cloud Services (the “Cloud Services”).
Article III of this Agreement governs Your use of the Everlive Cloud Services (“Everlive”), Telerik’s proprietary ready to use cloud-based backend services integrated with Icenium.
Article IV of this Agreement contains General Terms governing use of the Software and Cloud Services (together, the “Services”).
I. TELERIK SOFTWARE
Subject to the terms and conditions set forth in this Agreement, Telerik hereby grants to You, and You hereby accept, a limited, personal, worldwide, royalty-free, non-transferable, non-sublicensable (except to the extent set forth in Section 2) and non-exclusive license to use the Software solely as specified in this Agreement. Any and all rights in the Software not expressly granted to You hereunder are reserved in all respects by Telerik. Except as expressly granted in this Agreement, You are not licensed to use, copy, modify, or distribute copies of all or any portion of the Software. This Agreement does not grant You a license or any rights to the “2007 Microsoft Office System User Interface” and You must contact Microsoft directly to obtain such a license. Any and all rights in the Software not expressly granted to You hereunder are reserved in all respects by Telerik.
1. Developer License Grant for Icenium and Kendo UI Software
1.1. Icenium License Grant. Subject to the terms and conditions set forth in this Agreement, You may use Icenium in object code form only in the development of Your Application while You have an active Icenium subscription (“Icenium Subscription”).
1.2. “Application” means those software applications which (i) are developed by You using Your Content (as defined herein); (ii) add substantial functionality beyond the functionality provided by the incorporated components of Software; and (iii) are not commercial alternatives for, or competitive in the marketplace with the Software, or any components of the Software. “Content” means all data and content, such as data files, written text, keys, computer software, music, audio files or other sounds, photographs, videos or other images that You upload to or that is processed using the Services, including, but not limited to those used in the development of Your Application.
1.3. Kendo UI Software License Grant. Subject to the terms and conditions set forth in this Agreement, You may only use the Kendo UI Software (i) in minified form (ii) in the development of Your Application using Icenium, and (iii) while You have an active Icenium Subscription.
1.4. Test and Build License Grants for the Software. You may also use the Software in the testing and building of Your Application while You have an active Icenium Subscription.
1.5.1. While You have an active Icenium Subscription, You are entitled to the support package applicable to Your Icenium Subscription level as described in greater detail here: http://www.icenium.com/pricing subject to the limitations and restrictions described in the Fair Usage Policy (below). In no event will Telerik provide support of any kind to end-users of Your Application.
1.5.2. Support Package Fair Usage Policy. Telerik may limit or terminate Your access to any or all of the support services available under the applicable Icenium Subscription level if your use of the support services is determined by Telerik, in its sole and reasonable discretion, to be excessive.
1.6. Updates. You are eligible to receive all minor (i.e., service pack updates and other minor revisions to the Software) and major (i.e., major revisions to or new versions of the Software) updates for the Software during the term of Your Icenium Subscription. Software updates replace and/or supplement (and may disable) the version of the Software that formed the basis for Your eligibility for the update. You may use the resulting updated Software only in accordance with the terms of this Agreement.
2.2. Third Party Notice Requirements. You must comply with these terms and conditions, including the notice requirements of any third party and open source software license included in Your Application. Third party and open source licenses incorporated in the Software are listed in Article IV, Section 11 of this Agreement.
3. License Limitations
3.1. You may not use the Telerik product names, logos or trademarks to market Your Application.
3.2. You must ensure that the Kendo UI Software is not distributed in any form that allows it to be reused by any application other than Your solution. Technical guidelines are provided here: http://www.telerik.com/purchase/license-agreement/assembly-protection-guidelines.aspx. Please contact firstname.lastname@example.org for any additional questions.
3.3. You may not redistribute, resell, transfer, rent, lease or sublicense the Software, except as required by law or expressly provided in this Agreement.
3.4. Except to the limited extent permitted by law, You are not allowed to disassemble, decompile or “unlock”, decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of Software that is provided to You in object code form only.
Telerik shall, as applicable to the nature of the particular Software component, either make available for download to You, or host for access by You, a master copy of the Software.
II. CLOUD SERVICES
1. Licensee’s Use Of the Cloud Services
Telerik grants You a limited license to access and use the Cloud Service through the Software for backend technology only in the development of Your Application while You have an active Icenium Subscription. You may not access the Cloud Services through any third party product. Telerik agrees to host the Cloud Services and reserves the right to make changes and updates to the functionality and documentation of the Cloud Services from time to time.
2. Your Account
2.1. To access the Cloud Services, You must create an account associated with a valid e-mail address. You are solely responsible for all activity under Your Icenium Subscription and ensuring that all individuals using the Cloud Services under Your Icenium Subscription comply with this Agreement, regardless of whether the actions are undertaken by You, Your employees or a third party acting on Your behalf. Each employee or third party authorized by You to use the Cloud Services to create Applications for You must register their own personal account. You will notify Telerik immediately if You believe an unauthorized third party may be using Your account or if Your Content is lost or stolen. Telerik will not be liable for any loss resulting from an unauthorized person using your account, passwords or any assigned credentials.
2.2. The Cloud Services may also be accessed via Facebook, Yahoo and Google authentication services that help You sign in to web sites and conduct e-commerce transactions. Your use of these third party authentication services will be subject to the service agreement You enter into as a condition of signing up for the applicable authentication service.
3.1. Storage of Content. Telerik allows You to store, process, access, and query Content in the Cloud Services, provided You comply with the Terms of this Agreement. You agree that You are solely responsible for (and that Telerik has no responsibility to You or to any third party for) any Content that You upload, create, transmit or display while using the Cloud Services and for the consequences of Your actions (including any loss or damage which Telerik may suffer) by doing so. You are solely responsible for the backup of Your Content and acknowledge that You upload Content at Your own risk. The Cloud Services may be periodically inaccessible for reasons including maintenance updates, power outages, system failures, extended downtime and other interruptions. During such periods, You may be unable to access or use all or a portion of the Cloud Services and some or all of Your Content may be deleted. If Telerik determines that an outage or interruption may cause risk to the Cloud Services, Telerik may suspend the Cloud Services.
3.2. Transmission of Content. You understand that the technical processing and transmission of the Cloud Services, including Your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that Telerik uses third party vendors and hosting partners to provide the necessary infrastructure, hardware, software, networking, storage, and related technology required to run the Cloud Service.
3.3. Content Removal. Telerik does not pre-screen Content, but Telerik and its designees have the right (but not the obligation) in their sole discretion to refuse, remove or delete any Content, without notice, that it determines in its sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property rights or the terms of this Agreement. You may backup Your Content to Your own or a third party system, but otherwise Telerik has no obligation to hold, export, or return any Content. In the event that this Agreement is terminated (for any reason), Telerik will, upon written request, make available one backup copy of Your Content. Telerik has no liability for the deletion of Content that remains in Telerik’s control more than thirty (30) days after termination of this Agreement.
4. Application Publishing
By using the Cloud Services to publish Your Application to Your applicable developer account, You expressly authorize Telerik to submit and publish Your Application on Your behalf. You agree and acknowledge that the relationship of the parties shall be as an independent contractor and not as partner, joint venturer, or agent of the other. You are solely responsible for acquiring the necessary rights to publish Your Application.
5. Additional Use Restrictions
5.1. You may not (and You may not permit anyone else to):
5.1.1. modify, adapt or hack the Cloud Services;
5.1.2. remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into the Cloud Services;
5.1.3. reproduce, copy, sell, lease, loan or exploit any portion, use, or access to the Cloud Services to any third party;
5.1.4. assign (or grant a sub-license of) grant a security interest in, or otherwise transfer Your rights or any part of Your rights to use the Cloud Services;
5.1.5. access or use the Cloud Services:
22.214.171.124. in any way prohibited by any law, regulation or governmental order or decree or that violates others’ legal rights;
126.96.36.199. in any way that could harm the Cloud Services or impair anyone else’s use of the Cloud Services;
188.8.131.52. to try to gain or provide unauthorized access to the Cloud Services, account or network by any means;
184.108.40.206. to send “spam” (i.e., unsolicited bulk or commercial messages) or otherwise make available any offering designed to violate these terms (e.g., denial of service attacks, etc.).
III. EVERLIVE CLOUD SERVICES
The limited license granted hereunder restricts Your use of Everlive to development purposes only. In order to use Everlive with Your published applications You must obtain a paid subscription. Please see http://www.icenium.com/product/everlive for pricing and purchasing information.
IV. GENERAL TERMS
1. Proprietary Rights
1.1. Reservation of Rights; No Other License. You acknowledge and agree that Telerik (or Telerik’s licensors) owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Telerik reserves all rights not expressly granted in this Agreement. No additional rights (including implied licenses, rights or covenants) are granted by implication, estoppel or otherwise. Except as expressly set forth herein, this Agreement does not provide You with any license or rights to use any data, software programs or services, or to any related or enabling technologies that may be necessary to use such data, software programs or services. Any license or other terms associated with any data, software programs or services that access or use the Services do not apply to or bind Telerik. You have no right of ownership or control over the Services.
1.2. License to Telerik. You license to Telerik (and its affiliates and necessary sublicensees), all intellectual property or other rights required to allow Telerik to use or process Content or other information through the Services. Telerik may only use such rights, Content and information to provide, operate, and improve the Services. Other than as necessary to provide the Services, Telerik has no right of ownership or control over Licensee’s Content or other information provided by Licensee in connection with the use of the Services. Licensee is solely responsible for protecting rights it has, or may have, in its Application, Content or information.
Your feedback is valuable to Telerik. You license to Telerik without charge all intellectual property or other rights necessary for Telerik to use, share, and commercialize in any way or for any purpose any feedback about the Services You provide. You also license to all third parties without charge all intellectual property or other rights necessary for their products, technologies and services to use or interface with any specific parts of a Telerik software or service that includes the feedback. You will not give feedback that is subject to any license that requires Telerik to license its software or documentation or provide its services to third parties. The rights granted in this paragraph are perpetual and world-wide and survive the termination or expiration of this Agreement.
3. Privacy / Collection and Use of Data
3.3. Acknowledgments and Consent by Licensee. If Licensee collects, stores, or processes personal information when using these Services, Licensee agrees to comply with all privacy and data protection laws, taking into account the nature of the information to be processed, as well as the features and limitations of the Services as described in this Agreement or as otherwise provided to Licensee.
Telerik may apply security technologies and procedures to help protect against unauthorized access or use of the Services. Telerik does not guarantee the success of such technologies and procedures. You are solely responsible for the security, protection and backup of Your Content, and any other Content or software You use in connection with the Services.
5. Term and Termination
5.1. You must maintain an active Icenium Subscription to continue using the Services. If You do not maintain an active Icenium Subscription, this Agreement and the Licenses granted hereunder, along with Your use of and access to the Services, will terminate. This Agreement and the License granted hereunder may be renewed for successive periods (each a “Subscription Period”) pursuant to the applicable Icenium Subscription purchased, until terminated in accordance with this Section. If You have a paid Icenium Subscription, payment is non-refundable, even if You stop using the Services. If You upgrade Your Icenium Subscription, the upgrade will take effect immediately, You will be charged and must pay the applicable fee, and the term of Your Subscription Period may be extended, as described at the time You upgrade. If You downgrade Your Icenium Subscription, unless otherwise specified, the downgrade will take effect at the end of the term of Your existing Subscription Period.
5.2. Automatic Renewal of Paid Icenium Subscription. UNLESS YOU SET YOUR SUBSCRIPTION AUTO RENEWAL PREFERENCE TO “OFF” IN YOUR ACCOUNT PRIOR TO THE END OF THE TERM OF YOUR EXISTING SUBSCRIPTION PERIOD, YOUR PAID ICENIUM SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF THE SUBSCRIPTION PERIOD, AND YOU AUTHORIZE TELERIK (WITHOUT NOTICE) TO COLLECT THE THEN-APPLICABLE FEE AND ANY TAXES FOR THE RENEWAL SUBSCRIPTION PERIOD, USING THE CREDIT CARD OR BILLING CREDENTIALS THAT YOU PROVIDED WITH RESPECT TO THE PREVIOUS SUBSCRIPTION PERIOD. Icenium Subscription fees and features may change over time. Your Icenium Subscription will be renewed at the level Telerik, in its sole discretion, identifies as being closest to Your previous Icenium Subscription.
5.3. Promotional and Trial Offers. Telerik may offer trial or promotional Icenium Subscriptions ("Promotional Subscriptions") for the Services. Unless otherwise specified, a Promotional Subscription will remain active only for as long as You maintain an active, paid subscription to the Telerik product, software or service which formed the basis of Your eligibility for the Promotional Subscription. Telerik reserves the right at any time to modify or discontinue, temporarily or permanently, any Promotional Subscription and Your access to the Services thereunder with or without notice.
5.4. Unless otherwise prohibited by law, and without prejudice to Telerik’s other rights or remedies, Telerik shall have the right to terminate this Agreement and the Licenses granted hereunder immediately if You breach any of the material terms of this Agreement, and, if capable of cure, You fail to cure such material breach within thirty (30) days of receipt of notice from Telerik. The existence of any breach not capable of remedy shall result in the immediate termination of this Agreement and the Licenses granted hereunder.
5.5. Upon cancellation, suspension or termination, all Licenses granted to You hereunder shall terminate automatically, Your right to use the Services shall cease and You must immediately remove all Content and applications from the Services. You are solely responsible for backing up Your Content. Notwithstanding the foregoing, any sublicenses to the Kendo UI Software granted to Your end-users in accordance with Art. I, Section 2.1 shall survive termination of this Agreement.
6. Representations and Warranties.
6.1. You represent and warrant that:
6.1.1.You have, will obtain, and will maintain all necessary rights to Your Application and any Content used in the development of Your Application, and any other data, software programs or services You use in connection with the Services;
6.1.2.You will not access or use the Cloud Services in a manner that (i) violates any law or regulation, (ii) violates the rights of any third party or (iii) which purports to subject Telerik to any other obligations;
6.1.3.You will not transmit any worms or viruses or any code of a destructive nature.
TELERIK PROVIDES THE SERVICES AND SUPPORT SERVICES (IF ANY) "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE." EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, TELERIK DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (A) REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, (B) REPRESENTATIONS OR WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (C) REPRESENTATIONS OR WARRANTIES THAT ACCESS TO OR USE OF THE SERVICES WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT YOUR USE OF THE SERVICES WILL BE RELIABLE AND ACCURATE, INCLUDING WITHOUT LIMITATION STORING, READING, UPDATING OR DELETING YOUR DATA. YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACK-UP OF ANY CONTENT OR APPLICATION USED OR CREATED IN CONNECTION WITH THE SERVICES.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TELERIK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR THAT RELATE IN ANY WAY TO THIS AGREEMENT OR ITS PERFORMANCE. THIS EXCLUSION WILL APPLY REGARDLESS OF THE LEGAL THEORY UPON WHICH ANY CLAIM FOR SUCH DAMAGES IS BASED, WHETHER THE PARTIES HAD BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES, WHETHER SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR WHETHER APPLICATION OF THE EXCLUSION CAUSES ANY REMEDY TO FAIL OF ITS ESSENTIAL PURPOSE. IN ANY CASE, TELERIK’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED $250, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
TELERIK SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS IN THE SERVICES, INCLUDING WITHOUT LIMITATION, POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS INCLUDING THOSE THAT AFFECT THE RECEIPT, ACCEPTANCE, PROCESSING, COMPLETION OR SETTLEMENT OF YOUR SYSTEMS, CONTENT, OR APPLICATIONS.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to You. They also may not apply to You because Your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.
Licensee will indemnify, pay the defense costs of, and hold Telerik, its affiliates, and its or their successors, officers, directors and employees harmless from and against any and all claims, demands, costs, liabilities, judgments, losses, expenses and damages (including attorneys' fees) arising out of, in connection with, or related to (i) Your use of the Services in breach of this Agreement or in violation of any applicable law or regulation or third party obligation, (ii) Your use or distribution of Your Application; (iii) Your modification of the Kendo UI Software source code; or (iv) any data, software programs or services that Licensee uses in connection with the Services, including without limitation any claim that such data, software program or services, or any part thereof, infringes, misappropriates, or otherwise violates any copyright, patent, trade secret, trademark, or other legal right of any third party.
“Confidential Information” includes, but is not limited to, nonpublic information disclosed by Telerik or Telerik’s agents or contractors that is either designated as confidential or that, given the nature of the information or circumstances surrounding its disclosure, reasonably should be understood to be confidential. You shall permit only properly authorized users to use the Services. You will maintain the confidentiality of Telerik’s Confidential Information with at least the same degree of care that You use to protect Your own confidential and proprietary information, but not less than a reasonable degree of care under the circumstances. You will not be liable for the disclosure of any Confidential Information which is: (a) in the public domain other than by a breach of this Agreement on Your part; or (b) rightfully received from a third party without any obligation of confidentiality; or (c) rightfully known to You without any limitation on use or disclosure prior to its receipt from Telerik; or (d) independently developed by Your employees; or (e) generally made available to third parties by Telerik without restriction on disclosure. Your duty to protect Confidential Information survives the termination or expiration of this Agreement.
10. Use of Third Party Services and Links to Third Party Sites
You understand that Telerik uses third party vendors and hosting partners to provide the necessary infrastructure, hardware, software, networking, storage, and related technology required to run the Services. Telerik is not responsible for the services provided by such third party vendors. The Services may also include links to third party sites. Telerik does not control such sites and is not responsible for the content of any linked site, any links contained in a linked site, or any changes or updates to such sites. Telerik is not responsible for any form of transmission received from any linked site. You acknowledge and agree that Telerik is not liable for any loss or damage which may be incurred by You as a result of the availability of third party vendor resources or external sites.
11. Third Party Clearances
11.1. Using Apache Cordova Software. As part of the Services, You may be allowed to use certain software (including related documentation) owned by the Apache Foundation or its licensors (collectively “Apache Cordova Software”). If You choose to use the Apache Cordova Software, Your use of the Apache Cordova Software is subject to the terms and conditions located at: http://www.apache.org/licenses/LICENSE-2.0
11.2. As part of the Services, You may also be granted access to, original or modified, code from the following third party projects, such access is provided pursuant to the license applicable to the code and subject to the disclaimers and limitations on liability set forth in such license:
- Open Source Task Scheduler Class Library for .NET
License: The Code Project Open License (CPOL)
Available at: http://www.codeproject.com/info/cpol10.aspx
- MSBuild Extension Pack
License: Microsoft Public License (Ms-PL)
Available at: http://msbuildextensionpack.codeplex.com/license
- Bouncy Castle – The Legion of the Bouncy Castle
License: MIT XLL License
Available at: http://www.bouncycastle.org/csharp/licence.html
License: Apache 2.0 License
Available at: http://madb.codeplex.com/license
- Iphone-plist-net Framework
License: The BSD 2-Clause License
Available at: http://www.opensource.org/licenses/bsd-license.php
License: LGPL, Public Domain
Available at: http://opensource.org/licenses/lgpl-2.1
Available at: http://sharpcompress.codeplex.com/license
License: Microsoft Patterns and Practice License
Available at: http://compositewpf.codeplex.com/license
- WPF Shell Integration Library
Available at: http://archive.msdn.microsoft.com/WPFShell/Project/License.aspx
- Ripple UI
License: Apache 2.0 License
Available at: https://github.com/blackberry/Ripple-UI
- Cocoa Async Socket
License: Public Domain
Available at: https://github.com/robbiehanson/CocoaAsyncSocket/wiki/License
- Mono Class Libraries
License: MIT X11 License
Available at: http://www.mono-project.com/FAQ:_Licensing
- Android Debug Bridge (ADB)
License: Apache 2.0 License
Available at: https://github.com/android/platform_system_core/blob/master/adb/NOTICE
- Chromium Embedded Framework
License: BSD License
Available at: http://code.google.com/p/chromiumembedded/
License: BSD License
Available at: https://github.com/chillitom/CefSharp/blob/master/LICENSE
License: “MIT–style” license
Available at: http://codemirror.net/
License: MIT license
Available at: https://github.com/cujojs/curl
License: MIT license
Available at https://github.com/cujojs/wire
License: MIT license
Available at: http://jquery.org/license
- jQuery Cookie plugin
License: MIT license
Available at https://http://archive.plugins.jquery.com/project/Cookie
- ADB: adb.exe
License: Apache 2.0
- ADB: AdbWinApi.dll
License: Apache 2.0
- ADB: AdbWinUsbApi.dll
License: Apache 2.0
- LZMA SDK
License: Public domain
Available at: http://www.7-zip.org/sdk.html
License: BSD 3-Clause
Available at: http://ookii.org/software/dialogs/
- The Reactive Extensions (Rx)
License: Apache 2.0
Available at: http://msdn.microsoft.com/en-us/data/gg577609.aspx
License: Apache 2.0
Available at: https://github.com/signalr/signalr
Available at: https://github.com/omermor/AsyncBridge
Available at: http://james.newtonking.com/projects/json-net.aspx
- ASP.NET Web Stack
License: Apache 2.0
Available at: http://aspnetwebstack.codeplex.com/
License: New BSD
Available at: http://sshnet.codeplex.com/
- jquery.signalR.core.js v1.0.1
License: Apache 2.0
Available at: https://github.com/SignalR/SignalR/blob/master/LICENSE.md
- Underscore.js v1.4.3
Available at: http://underscorejs.org
- Backbone.js v0.9.9
Available at: http://backbonejs.org
Available at: https://github.com/ded/reqwest
Available at: https://github.com/tildeio/rsvp.js
Available at: http://ternjs.net/LICENSE
12. Modifying the Terms; Additional Terms
Telerik may modify this Agreement at any time and will provide notice of any modifications. The most current version of the Agreement is available via the link provided on the portal site for the Services. If You do not agree to any modifications, You must immediately stop using the Services and all licenses granted hereunder shall terminate pursuant to Section 5.5. Your continued use of the Services constitutes acceptance of the modified Agreement. This Agreement incorporates by reference any additional terms or conditions applicable to particular aspects of the Services.
Telerik may provide Licensee with notices in any manner Telerik chooses, including by email or posting any such notices on a portal or community development center website for the Services. Notices provided to You via e-mail will be deemed given and received on the transmission date of the e-mail. Notices provided via posting on a portal or community development center web site will be deemed given on the date they are posted. Notices to Telerik shall be provided to email@example.com.
14. No Waiver
Any delay or failure by Telerik to exercise a right or remedy will not result in a waiver of that, or any other, right or remedy.
15. Choice of Law and Location for Resolving Disputes
The laws of the Commonwealth of Massachusetts, USA, govern the interpretation of this Agreement, regardless of conflict of laws principles. The parties irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Suffolk County, Massachusetts, USA, for all disputes arising out of or relating to this Agreement. This Agreement does not change Your rights under the laws of Your country if the laws of Your country do not permit it to do so.
16. Interpreting the Agreement
If any court of competent jurisdiction determines that any provision of this Agreement is illegal, invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement, including any other policies or terms incorporated by reference, is the entire agreement between the parties regarding the Services. It supersedes any prior agreements or statements (whether oral or written) regarding the Services, and is separate and independent from any other agreement(s) that may exist between the parties.
Telerik may assign this Agreement, in whole or in part, at any time without notice. You may not assign this Agreement, or any part of it, to any other third party. Any attempt by You to do so is void. You may not transfer to a third party, either temporarily or permanently, any rights to use the Services or any part of them.
Any provisions of this Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, feedback obligations, limitations of liability and/or indemnity terms, and any provision of this Agreement which, by its nature, is intended to survive shall remain in effect following any termination or expiration of this Agreement.
19. Force Majeure
Neither party shall be deemed in default of this Agreement if failure or delay in performance is caused by an act of God, fire, flood, severe weather conditions, material shortage or unavailability of transportation, government ordinance, laws, regulations or restrictions, war or civil disorder, or any other cause beyond the reasonable control of such party.
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, BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, OR BY ACCESSING OR USING THE SERVICES YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.