Important: This is a generic Non-Commercial license text that does not specify the target user of the software. However it represents the latest and prevailing end user license agreement text where for each each particular instance ORGANIZATION_NAME must be interpreted as the actual license holding organization name, COUNTRY_NAME must be interpreted as the actual license holder's country name as provided by the user, and ORDER_ID must be interpreted as the automatically generated order identifier assigned to each particular instance of this license. The user will receive a full copy of this personalized agreement with all field substitutes filled with the actual data upon successful processing of an order submitted by the user.
Non-Commercial EULA for JSON Essentials™ for COM/ActiveX
(Revised on 2021-07-31)
THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A PERSONALIZED LEGAL AGREEMENT BETWEEN ORGANIZATION_NAME (COUNTRY_NAME) AND THE BUSINESS ENTITY REGISTERED AS Alexander Stoyan. READ IT CAREFULLY BEFORE INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.
1.1 "Licensee" means the holder of the license rights granted by this EULA.
1.2 "Licensed Product" means the Software (as defined below), its Documentation and any copies it.
1.3 "Licensor" means the business entity registered as Alexander Stoyan in Canada (Ontario).
1.4 "Software" means JSON Essentials™ for COM/ActiveX and all of its components provided to the Licensee by the Licensor as a result of the successful Licensee's order processing by the Licensor.
1.5 "Documentation" means all user guides, reference manuals, other documentation accompanying Software (as defined below), and all other related documentation otherwise made available by the Licensor.
1.6 "Sample Source Code" means a program code written in any programming language and provided to the Licensee by the Licensor the only purpose of which is to demonstrate the use of the Software.
1.7 "Executable Module" means a file provided to the Licensee by the Licensor, that is either a binary file or a plain text script code that is not a Sample Source Code and that can be executed by a computer.
1.8 "Non-Commercial Use" means using the Software in any way provided that the results generated by the Software do not generate financial profit directly or indirectly for any user, fund or a non non-profit organization.
1.9 "Non-Commercial Software" means a software product the results of which do not generate financial profit directly or indirectly for any user, fund or a non non-profit organization.
2.1 License applicability
This Software license is intended for non-profit organizations and academic organizations provided that the Software will be used only for the academic purposes.
2.2 License Grant
In accordance with the terms and conditions of this EULA, the Licensor grants the Licensee a non-exclusive, nontransferable license to use the Software and Documentation. All titles and intellectual property rights to and in the Software, including, but not limited to, copyrights and trade secret rights, belong to the Licensor. The Licensee shall not transfer or distribute the Software to others (except when it is a permitted use defined by this EULA), and this agreement shall automatically terminate in the event of such a transfer or distribution. All titles and intellectual property rights in and to the 3rd-party libraries, components, and content that is not contained in the Software, but may be accessed through use of the Software, is the property of the respective 3rd-party libraries, components and content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants the Licensee no rights to use such content except for the specific purpose they are provided therein. All rights not specifically granted under this EULA are reserved by the Licensor.
2.3 Permitted Uses
Subject to the terms and conditions of this EULA, the Licensee may do the following:
- Make backup copies of the Software solely for backup purposes as long as all copyrights and other notices are reproduced and included on the backup copy and only the Licensee will have access to those backup copies;
- Transfer the Software to a hard disk as long as all copyrights and other notices are reproduced and included on hard disk copy and the copy can be accessed directly or indirectly only by the Licensee;
- Distribute copies of the Executable Modules as incorporated into Non-Commercial Software application products produced by the Licensee that cannot be treated as competitive software products to the Software and where the functionality of the Software and its modules do not constitute a major portion of the value of Licensee's product;
- Any other Non-Commercial Use is allowed provided that it does not violate other terms of this EULA;
- Solely with the respect to the Documentation, Sample Source Code and this EULA, the Licensee may make an unlimited number of copies (either in hardcopy or electronic form) and use them as needed as long as all copyrights are included and not other conditions of this EULA are violated.
2.4 Prohibited Uses
Notwithstanding anything in this EULA to the contrary, the Licensee may not do the following:
- Share the received license token with anyone not covered by this license agreement, or intentionally expose it via the public interfaces of your software, or store it unencrypted in any environment that belongs to anyone not covered by this agreement;
- Distribute in any manner the Software and/or its Executable Modules except as allowed in the Permitted Uses section of this EULA;
- Decompile, disassemble or reverse engineer any Executable Module of the Software;
- Alternate any integrity sensitive pieces of the Executable Modules or related files that are part of the Software, including those stored on a media or reflected in a computer memory;
- Work around integrity validation mechanisms of the Executable Modules;
- Repackage or in any other way hide or obfuscate the Executable Modules or related files that are part of the Software with the goal to expose their functionality from the wrappers to 3-rd party users as a competitive solution;
- Expose the interfaces of the Executable Modules to 3-rd party users or any other way introduce direct dependencies between the Executable Modules and 3-rd party users;
- Rent or lease the Software;
- Any other use that cannot be classified as a permitted use according to this EULA.
2.5 Personalized license
By accepting this EULA the Licensee agrees that this EULA is a personalized license agreement and it will contain information about the Licensee which can become publicly accessible due to its inclusion into the license files required for deployed Executable Modules and in the version information of the Executable Modules, in particular:
- Licensee's organization name: ORGANIZATION_NAME
- Licensee's country name: COUNTRY_NAME
- Licensee's order ID: ORDER_ID
3.1 Every new order under the Non-Commercial license terms assumes starting a 1 year long subscription for product updates starting on the date when the order deliverables are sent after an order is processed.
3.2 All eligible product updates will be automatically delivered via E-mail provided by the Licensee in the order information during entire duration of the active subscription.
3.3 The Non-Commercial license defines eligible updates only those updates where either major or minor version component are changed, i.e. the first and the second version numbers. Those updates where only patch, i.e. the third, version component is changed are not eligible under these license terms.
3.4 There are no target platform limitations under these license terms.
3.5 The basic E-mail support is available during entire duration of the active subscription and at any time after it expires. Such request may be processed with a lower priority and no obligation to provide there requested level of support is provided.
4.1 Term. This EULA shall remain in effect until terminated.
4.2 Termination by the Licensee. The Licensee may terminate this EULA by returning the licensed Software to the Licensor at any time. In this case the Licensee must return the Software to the Licensor, remove all of its copies and agree to never try to access or restore those copies afterwards.
4.3 Termination by the Licensor. The Licensor may terminate this EULA if the Licensee breaches any of the terms and conditions of this EULA. Upon termination of this EULA the Licensee shall return the licensed Software to the Licensor within 30 days after receiving the notice from the Licensor. The Licensee shell also remove all copies of the licensed Software and not to try to access or restore them after returning the license.
4.4 Survival of Rights After Termination. All provisions of this agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination.
5 LIMITED WARRANTY, DISCLAIMER, AND LIMITATION OF LIABILITY
5.1 Limited Warranty. The Licensor does not warrant that the functionality provided by the Software will meet Licensee's requirements, that the operation of the Software will be uninterrupted and error-free, and that the Software will be compatible with the hardware or other 3-rd party software the Licensee will try to use it with. The Licensor is not responsible for any problems caused by changes in the operating characteristics of computer hardware or software which are made after the release of the Software. In the event of losing all copies of the licensed Software by the Licensee the new copy can be provided upon a written request from the Licensee during entire term of an active Non-Commercial subscription, but not after it expires. No oral or written information or advice given by the Licensor, its employees, distributors, dealers, or agents shall increase the scope of the above warranties or create any new warranties.
5.2 Disclaimer. The Software is licensed "as-is" and you receive no additional express or implied warranties, except the Limited Warranty as provided above. The Licensor and its suppliers expressly disclaim any and all other warranties of any kind or nature concerning the Software, whether express, implied or statutory, including without limitation, any warranty of title, merchantability, quality, fitness for a particular purpose, accuracy, non-infringement or the results to be obtained from use, to the fullest extent allowed by applicable law. The Licensor expressly disclaims any warranties that may be implied from usage of trade course of dealing, or course of performance. further, without limiting the generality of the foregoing, the Licensor makes no warranties or representations as to performance of the Software, and specifically disclaims any warranty that (1) the Software will operate in combination with other items, equipment, software, systems or data, (2) the operation of the Software will be uninterrupted or error free, (3) errors in the Software, if any, will be corrected. no oral or written information or advice given by the Licensor, or its suppliers or employees shall create or form the basis of any warranty of any kind. The Software is provided with all faults and the entire risk of satisfactory quality, performance, accuracy, and effort is with you.
6 LIMITATION OF LIABILITY
6.1 Limitation of Liability. In no event will Licensor or anyone else who has been involved in the creation, production, or delivery of the Software be liable for any consequential, incidental or indirect damages, including, without limitation, any loss of data, or loss of profits or lost savings, arising out of use of or inability to use the Software, even if the Licensor has been advised of the possibility of such damages, or for any claim by any third party. In no event shall the Licensor be liable for any damages.
7.1 Export Control Obligations. The Licensee shall not export or re-export any licensed Software in violation of any law, regulation, order or other governmental requirement including, without limitation, the Canadian export law, the U.S. Export Administration Act, regulations of the Department of Commerce and other export controls of the U.S.
7.2 Restriction on Transfer. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder is void.
7.3 Proper Notices. All notices and other communications required or permitted under this EULA shall be deemed to have been given if mailed, postage paid, transmitted by facsimile, personally delivered or delivered by a commercial delivery service, to the address of the Licensee listed on file with the Licensor.
7.4 Governing Law. This EULA shall be governed by and interpreted under the laws of the Province of Ontario, Canada, without regard to conflicts of provisions.
7.5 Joint Venture. Nothing contained in this EULA shall be construed so as to make the parties partners or joint ventures.
7.6 Waiver. The failure of either party to this EULA to insist upon the performance of any of the term or conditions of this EULA will not be construed as thereafter waiving any such terms or conditions but the same will continue and remain in full force and effect as if no such forbearance or waiver had occurred.
7.7 Integration. The Licensee further agrees that this agreement is the complete and exclusive statement of the agreement between the Licensee and the Licensor, and supersedes any proposal or prior agreement, oral or written, and any other communications relating to the subject matter of this agreement.
7.8 Severability. If any provision of this EULA becomes or is declared by a court of competent jurisdiction to be unenforceable, this EULA shall continue in full force and effect without the provision.
7.9 Headings. All article, section, and paragraph headings contained in this EULA are for reference and in no way define, limit or extend the EULA or the intent of any of its provisions.