(Last Updated May 16, 2011)
IMPORTANT – PLEASE READ THIS ‘TERMS OF USE’ (THE “AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO USE THE SOFTWARE AND SERVICE MADE AVAILABLE THROUGHT THIS AGREEMENT. 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 CORP. (“Telerik” or “Licensor”). PLEASE CHECK THE “I HAVE READ AND AGREE TO TERMS OF USE” 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 TERMS OF USE” BOX AND/OR BY USING THE SOFTWARE MADE AVAILABLE BY TELERIK THROUGH THIS WEBSITE, 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.
Telerik may at any time revise these terms by updating this posting. By using this service, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
Sitefinity is Telerik’s proprietary website development and administration software product, and RadControls for ASP.NET AJAX, RadControls for Silverlight, and OpenAccess ORM are Telerik proprietary software development tools that can be used to assist in the website development process. This agreement sets forth the terms and conditions of your use of Sitefinity, RadControls for ASP.NET AJAX, RadControls for Silverlight, and Open Access ORM in the Online Sandox (collectively, the “Service”). This Agreement is divided into three articles. Article I of the Agreement sets forth the terms and conditions on which you may use the Service provided through this website. Article II of this Agreement sets forth the terms and conditions on which you may use the software on a non-commercial, internal basis for a limited trial period to evaluate the software. Article III applies to both the Service and trial use of the Software.
1.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
1.2 Telerik may, but has no obligation to, remove content and accounts containing content that Telerik determines in its sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or this Agreement.
1.3 You understand that the technical processing and transmission of the Service, 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.
1.4 If your bandwidth significantly exceeds the average bandwidth usage (as determined solely by Telerik Corp.) of other Telerik customers, Telerik reserves the right to immediately disable your account or throttle your file or image hosting until you can reduce your bandwidth consumption.
1.1 You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Telerik Corp., or any other Telerik service.
1.2 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express permission from Telerik Corp.
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
Telerik does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected. To the fullest extent permitted under applicable law, Telerik disclaims all warranties with respect to the Service, express or implied. Including without limitation the implied warranties of title, non-infringement, merchantability and fitness for particular purpose.
This Article II applies to your trial use of the Software. It gives you no rights to use the Software for commercial purposes.
1.1 Trial License Grant. Subject to the terms and conditions set forth in this Agreement, Telerik hereby grants to Licensee and Licensee hereby accepts, a non-commercial, time-limited, non-transferable, nonsublicensable, perpetual, non-exclusive license (the “Trial License”) to (a) install and use internally Telerik’s Sitefinity, RadControls for ASP.NET AJAX, RadControls for Silverlight, and OpenAccess ORM software (the “Programs”) and any accompanying documentation (the “Documentation”, together with the Programs, collectively the “Software”) solely for the purpose of evaluating the Software. This Trial License is valid for thirty (30) days after Licensee uses a license key provided by Telerik to access the trial version of the Software. At the end of such thirty (30) days, the Trial License shall automatically expire, and lockout functions within the Software which will cause the Software to stop functioning unless Licensee obtains a commercial license for the Software.
1.2 License Restrictions. The foregoing Trial License is conditioned upon Licensee’s adherence to the following restrictions:
1.2.1 The Software may be used only for the purpose of internally evaluating the Software. In no event may you use the Software for production use or in administering a publicly viewable website.
1.2.2 You may not sublicense, distribute, publish, transfer, rent, lease or otherwise make available the Software to any third parties. You may not permit third parties to access and use the Software on a time-sharing or service bureau basis.
1.2.3 To the fullest extent permitted by applicable law, you may not 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. Under no circumstances may any portion of the Software’s source code or any modified version of the source code be distributed, disclosed or otherwise made available to any third party.
1.2.4 You may not circumvent any technical limitations included in the Software.
1.2.5 You may not use the Software as a whole, or any of its components, as a basis for creation of another software product that has the same or similar functionality as the Software.
1.2.6 You may not remove, alter or obscure any Telerik trademarks, logos, tag lines or other Telerik branding included in the Software.
1.3 Lucene.Net. Portions of the Software contain software code for Lucene.net, which is a search engine developed by The Apache Software Foundation. Notwithstanding anything else in this Agreement, Your use of the software code for Lucene.net is governed by the terms of the Apache License, version 2.0, which can be viewed here: http://www.apache.org/licenses/LICENSE-2.0.html. Lucene.net is supplied AS IS without warranty of any kind.
1.4 Reservation of Rights. Any and all rights in the Software not expressly granted to you as part of the Trial License hereunder are reserved in all respects by Telerik.
As part of your License you are entitled to the Telerik “Trial” Support Package as described in greater detail athttp://www.sitefinity.com/support-options.aspx. Telerik will provide an initial response (but not necessarily a resolution) to each support inquiry within seventy two (72) hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible.
Telerik reserves the right to discontinue at any time any component of the Software, whether or not it is offered as a standalone product or solely as a component of the Software.
THE SOFTWARE IS LICENSED TO YOU “AS IS” WITH ALL FAULTS, AND YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. TELERIK DOES NOT WARRANT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE AT ALL TIMES AND IN ALL CIRCUMSTANCES, NOR THAT PROGRAM ERRORS WILL BE CORRECTED. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TELERIK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The terms and conditions of this Article III are applicable to this entire Agreement.
The Software is licensed, not sold. All title and ownership rights in and to the Software and Service (including but not limited to any images, photographs, animations, video, audio, music, text), the intellectual property embodied in the Software and/or Service, and any trademarks or service marks of Telerik that are used in connection with the Software and/or Service are and shall at all time remain exclusively owned by Telerik and its licensors. Any and all rights in the Software and/or Service not expressly granted to you hereunder are reserved in all respects by Telerik.
2.1 Term. The Service and the Trial License granted hereunder shall last for the shorter of (i) thirty (30) days after you use a license key provided by Telerik to access the Software, and (ii) as long as you use the Software in compliance with the terms set forth herein.
2.2 Termination. Telerik shall have the right to terminate this Agreement, the Service and the Trial License granted hereunder immediately. Upon termination or expiration of this Agreement for any reason the Trial License granted to you hereunder shall terminate automatically and you must immediately cease use of the Software.
You agree to indemnify, hold harmless, and defend Telerik from and against any and all claims, lawsuits and proceedings (collectively “Claims”), and all expenses, costs (including attorney's fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from the use of Your Integrated Product.
This indemnification shall extend to Telerik Corp., its officers, shareholders, principals, agents, directors, partners, employees, subsidiaries, parent company, successors and assigns, from and against any and all claims, demands, damages, actions or causes of action of every kind and nature, whether known or unknown, arising out of the relationship between Telerik Corp. and you in entering into this agreement.
To the maximum extent permitted by applicable law, in no event will Telerik be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software or otherwise relating to this Agreement, 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, Telerik’s entire liability in connection with your use of the Software under this Agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to Telerik for the software 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, consequential or other damages, so this exclusion and limitation may not be applicable. Telerik and its licensors are not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software, or for liability arising from use of Lucene.net.
This Agreement and the licenses granted hereunder will be governed by the law of the Commonwealth of Massachusetts, U.S.A., without regard to the conflict of laws principles thereof. The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply to this Agreement. If any provision of this Agreement 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 Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Telerik’s prior written consent.
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications regarding the subject matter hereof, and may only be amended by a written agreement between the parties.
Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.
Individuals and companies that are .NET component vendors are not allowed to use the Software or Service without the express permission of Telerik. If you or the company you represent is a .NET component vendor, you may not purchase a license for or use the Software unless you contact Telerik directly and obtain permission.
This Article III, all provisions of this Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any terms that expressly state that they shall survive termination or expiration, shall survive termination or expiration of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OR USE OF THE SOFTWARE, OR BY LOADING OR RUNNING THE SOFTWARE IN ANY WAY 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.