1.1. This TOP SOFT UE End-User License Agreement is a legal agreement between you, a developer of software applications, and TOP SOFT UE for all TOP SOFT UE XAFARI FRAMEWORK products, libraries, components, source code, demos, intermediate files, media, printed materials, and/or electronic documentation, hereinafter SOFTWARE DEVELOPMENT PRODUCT.
1.2. By installing, copying, or otherwise using the SOFTWARE DEVELOPMENT PRODUCT (or any part or portion of the SOFTWARE DEVELOPMENT PRODUCT), you agree to be bound by the terms of this End-User License Agreement.
2.1. All title and copyright in and to the SOFTWARE DEVELOPMENT PRODUCT (including but not limited to any TOP SOFT UE trademarks, copyrighted images, demos, source code, intermediate files, packages, photographs, redistributables, animation, video, audio, music, text, and incorporated into the SOFTWARE DEVELOPMENT PRODUCT the accompanying printed materials, and any copies of the SOFTWARE DEVELOPMENT PRODUCT) is owned by TOP SOFT UE.
2.2. All SOFTWARE DEVELOPMENT PRODUCT is licensed, not sold.
3. GRANT OF LICENSE
3.1. Subject to all the terms and conditions of this End-User License Agreement, TOP SOFT UE grants Developer End User a non-exclusive, non-transferable license to install and use the SOFTWARE DEVELOPMENT PRODUCT included in this distribution as authorized below:
a) INDIVIDUAL USE LICENSE
If you are an individual and are using the SOFTWARE DEVELOPMENT PRODUCT, you may install, copy, and use the SOFTWARE DEVELOPMENT PRODUCT by purchasing a 12-month subscription from TOP SOFT UE or its authorized resellers. Refer to Section 7 of this End-User License Agreement for more information.
b) BUSINESS AND GOVERNMENT USE LICENSE
TOP SOFT UE licenses the SOFTWARE DEVELOPMENT PRODUCT on a per-developer basis. If you are a business or government entity, your employees may install, copy, and use the SOFTWARE DEVELOPMENT PRODUCT by purchasing a 12-month subscription from TOP SOFT UE or its authorized resellers for each developer using the SOFTWARE DEVELOPMENT PRODUCT. Refer to Section 7 of this End-User License Agreement for more information.
c) THIRTY (30) DAY EVALUATION (TRIAL) PERIOD
If the SOFTWARE DEVELOPMENT PRODUCT you have obtained is marked as 'TRIAL' or 'EVALUATION', you may install one copy of the SOFTWARE DEVELOPMENT PRODUCT for evaluation purposes only, for a period of 30 calendar days from the date of installation. Upon expiration of the Evaluation Period, the SOFTWARE DEVELOPMENT PRODUCT must be uninstalled and all copies destroyed.
You MAY NOT CREATE applications or begin software projects using the SOFTWARE DEVELOPMENT PRODUCT under the terms of the THIRTY (30) DAY EVALUATION (TRIAL) PERIOD.
You MAY NOT REDISTRIBUTE any files included in the SOFTWARE DEVELOPMENT PRODUCT distribution if using an evaluation or trial version of the SOFTWARE DEVELOPMENT PRODUCT.
4.1. You may not reverse engineer, decompile, create derivative works or disassemble the SOFTWARE DEVELOPMENT PRODUCT. If the SOFTWARE DEVELOPMENT PRODUCT is purchased by you with the intent to reverse engineer, decompile, create derivative works, or exploit and transfer without authorization any TOP SOFT UE intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any PRODUCT created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
4.2. The SOFTWARE DEVELOPMENT PRODUCT is licensed as a single PRODUCT. The SOFTWARE DEVELOPMENT PRODUCT and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by Developer End User. The provision of source code, if included with the SOFTWARE DEVELOPMENT PRODUCT, does not constitute the transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All TOP SOFT UE libraries, source code, redistributables and other files remain TOP SOFT UE exclusive property. You may not distribute any files, except those that TOP SOFT UE has expressly designated as Redistributable.
4.3. You may not rent, lease, or lend the SOFTWARE DEVELOPMENT PRODUCT.
4.4. You may NOT permanently or temporarily transfer ANY of your rights under this EULA to any individual or business or government entity without prior written approval from TOP SOFT UE. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or files included in the SOFTWARE DEVELOPMENT PRODUCT (including any portions thereof) be used for developing programs by anyone other than you. Only you as the licensed Developer End User have the right to use the libraries, redistributables, or other files of the SOFTWARE DEVELOPMENT PRODUCT (or any portions thereof) for developing programs created with the SOFTWARE DEVELOPMENT PRODUCT. You may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any TOP SOFT UE documentation without the permission of TOP SOFT UE.
4.5. TOP SOFT UE expressly complies with all export restrictions imposed by the government of the United States of America. You, as Developer End User, must agree not to export or re-export the SOFTWARE DEVELOPMENT PRODUCT within any created application to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
5.1. The SOFTWARE DEVELOPMENT PRODUCT may include certain files REDISTRIBUTABLE(s) intended for distribution by you to the users of software applications which you create. Redistributables include, for example, those files identified in printed or online documentation as redistributable files or those files preselected for deployment by an install utility provided with the SOFTWARE DEVELOPMENT PRODUCT (if any). In all circumstances, the REDISTRIBUTABLES for the SOFTWARE DEVELOPMENT PRODUCT are only those files specifically designated as such by TOP SOFT UE.
5.2. AT NO TIME MAY DEVELOPER END USER CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE DEVELOPMENT PRODUCT BY UTILIZING ALL OR ANY PORTION OF THE TOP SOFT UE SOFTWARE DEVELOPMENT PRODUCT.
5.3. Distribution by the Developer End User of any design-time tools (EXE or DLL), executables, and source code distributed to Developer End User by TOP SOFT UE as part of this SOFTWARE DEVELOPMENT PRODUCT and not explicitly identified as a redistributable file is strictly prohibited. The Developer End User shall not develop software applications that provide an application programming interface (API) to the SOFTWARE DEVELOPMENT PRODUCT or the SOFTWARE DEVELOPMENT PRODUCT as modified.
5.4. The Developer End User may NOT distribute the SOFTWARE DEVELOPMENT PRODUCT, in any format, to others for development or application compilation purposes.
5.5. If you are an individual, business or government entity and are using the SOFTWARE DEVELOPMENT PRODUCT and have purchased a 12-month subscription as described in Section 7 of this End-User License Agreement, you may reproduce and distribute copies of the REDISTRIBUTABLES, provided that such copies are made from the original copy of the REDISTRIBUTABLES included with the SOFTWARE DEVELOPMENT PRODUCT or modified versions of the REDISTRIBUTABLES which are provided to you by TOP SOFT UE or those which you create. Copies of REDISTRIBUTABLES may only be distributed with and for the sole purpose of executing application programs permitted under this End-User License Agreement that you have created using the SOFTWARE DEVELOPMENT PRODUCT.
5.6. Developer End User MAY NOT REDISTRIBUTE any files in the SOFTWARE DEVELOPMENT PRODUCT distribution if using an evaluation, trial, Not for Resale, or demo version of the SOFTWARE DEVELOPMENT PRODUCT.
5.7. A complete list of REDISTRIBUTABLES under this End-User License Agreement is available upon request.
5.8. The SOFTWARE DEVELOPMENT PRODUCT is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE DEVELOPMENT PRODUCT like any other copyrighted material except that you may install and use the SOFTWARE DEVELOPMENT PRODUCT as described in this End-User License Agreement.
6. OPEN SOURCE LIBRARIES
6.1. The following open source libraries are used and included within this SOFTWARE DEVELOPMENT PRODUCT:
Copyright © 2012 jQuery Foundation and other contributors
Copyright © 2013, jQuery Foundation and other contributors
Copyright © 2013, jQuery Foundation and other contributors
Copyright © 2011, Benjamin Arthur Lupton
Copyright © Klaus Hartl
Copyright © Douglas Crockford
Copyright © 2010, Caolan McMahon
Copyright © 2009-2010, TJ Holowaychuk
Copyright © 2009-2012, TJ Holowaychuk
Copyright © 2011, Alexander Shtuchkin
Copyright © 2012, Matt Mueller
Copyright © 2011-2012, Tim Wood
Copyright © 2010-2012, Robert Kieffer
Copyright © 2011, Guillermo Rauch
Copyright © 2010, Mihai Bazon
Copyright © GoInstant, Inc. and other contributors
Copyright © 2009-2010, Alexis Sellier, Charlie Robbins, Nodejitsu Inc.
Copyright © 2013 Arnout Kazemier
The open source libraries included in the SOFTWARE DEVELOPMENT PRODUCT are done so pursuant to each individual open source library license and subject to the disclaimers and limitations of liability set forth in each open source library license.
7. TWELVE (12) MONTH SUBSCRIPTION AND UPDATES
7.1. TOP SOFT UE licenses the SOFTWARE DEVELOPMENT PRODUCT on a subscription basis. A subscription lasts for a 12-month period from the date of purchase. Developer End User will be eligible to receive all major and minor updates for the SOFTWARE DEVELOPMENT PRODUCT during this 12-month period. Upon expiration of a subscription (12 months, plus 1 day after original purchase date), Developer End User can optionally renew the SOFTWARE DEVELOPMENT PRODUCT subscription for an additional 12-month period (and each subsequent year thereafter) in order to continue receiving major and minor updates of the SOFTWARE DEVELOPMENT PRODUCT from TOP SOFT UE.
7.2. If the SOFTWARE DEVELOPMENT PRODUCT is labeled as an update, you must be properly licensed to obtain the updated SOFTWARE DEVELOPMENT PRODUCT. A SOFTWARE DEVELOPMENT PRODUCT labeled as an update replaces and/or supplements the SOFTWARE DEVELOPMENT PRODUCT that formed the basis for your eligibility for the update and together constitutes a single PRODUCT. You may only use the updated PRODUCT in accordance with all the terms of this End-User License Agreement.
7.3. Prices for the 12-month SOFTWARE DEVELOPMENT PRODUCT subscription and any subsequent renewal of the subscription are listed on Xafari pricing page and subject to change with or without notice.
7.4. REDISTRIBUTABLES listed in this End-User License Agreement are dependent upon the type of 12-month subscription purchased from TOP SOFT UE.
7.5. TOP SOFT UE reserves the right to discontinue the SOFTWARE DEVELOPMENT PRODUCT or its constituents, at any time.
7.6. TOP SOFT UE may provide you with Support Services related to the SOFTWARE DEVELOPMENT PRODUCT. The use of the Support Services is governed by TOP SOFT UE policies and programs described in the user manual, in documentation and/or other TOP SOFT UE provided materials. Any supplemental SOFTWARE DEVELOPMENT PRODUCT provided to you as part of the Support Services shall be considered part of the SOFTWARE DEVELOPMENT PRODUCT and subject to the terms and conditions of this End-User License Agreement. With respect to technical information you provide to TOP SOFT UE as part of the Support Services, TOP SOFT UE may use such information for its business purposes, including for SOFTWARE DEVELOPMENT PRODUCT support and development.
8. DISCLAIMER OF WARRANTY
8.1. TOP SOFT UE expressly disclaims any warranty for the SOFTWARE DEVELOPMENT PRODUCT. THE SOFTWARE DEVELOPMENT PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. TOP SOFT UE DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE DEVELOPMENT PRODUCT IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE DEVELOPMENT PRODUCT REMAINS WITH YOU. No oral or written information or advice given by TOP SOFT UE or its employees shall create a warranty or in any way increase the scope of this warranty.
9. LIMITATIONS ON LIABILITY
9.1. To the maximum extent permitted by applicable law, in no event shall TOP SOFT UE be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE DEVELOPMENT PRODUCT or the provision of or failure to provide Support Services, even if TOP SOFT UE has been advised of the possibility of such damages.
9.2. Developer End User understands that the SOFTWARE DEVELOPMENT PRODUCT may produce inaccurate results because of a failure or fault within the SOFTWARE DEVELOPMENT PRODUCT or failure by Developer End User to properly use and or deploy the SOFTWARE DEVELOPMENT PRODUCT. Developer End User assumes full and sole responsibility for any use of the SOFTWARE DEVELOPMENT PRODUCT and bears the entire risk for failures or faults within the SOFTWARE DEVELOPMENT PRODUCT. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY, AND SOLE OBLIGATION OF TOP SOFT UE, SHALL BE GOVERNED BY THIS AGREEMENT, AND IN NO EVENT THE LIABILITY OF TOP SOFT UE SHALL EXCEED THE PRICE PAID TO TOP SOFT UE FOR THE SOFTWARE DEVELOPMENT PRODUCT. This Limited Warranty is void if the failure of the SOFTWARE DEVELOPMENT PRODUCT has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE DEVELOPMENT PRODUCT.
10.1. You hereby agree to indemnify TOP SOFT UE and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this Agreement by you or any claims based on the Applications and the SOFTWARE DEVELOPMENT PRODUCT (included herein.
11. TERMINATION OF THE AGREEMENT
11.1. Without prejudice to any other rights or remedies, TOP SOFT UE will terminate this End-User License Agreement upon your failure to comply with all the terms and conditions of this End-User License Agreement. In such events, Developer End User must destroy all copies of the SOFTWARE DEVELOPMENT PRODUCT and all of its component parts including any related documentation, and must remove ANY and ALL use of TOP SOFT UE intellectual property from any applications distributed by Developer End User, whether in native, altered or compiled states.
12.1. TOP SOFT UE delivers its software electronically and does not collect sales or use tax for residents of US states in which it operates. You should confirm that your local, state or federal government does not impose any sales or use tax on electronically delivered software. You are entirely liable for any such sales or use tax.
13.1. No right of use or license is granted for DevExpress products. The Developer End User must obtain and follow the appropriate licensing terms and right of use set forth by the vendor at website
13.2. No right of use or license is granted for the Maps available in the SOFTWARE DEVELOPMENT PRODUCT. The Developer End User must obtain and follow the appropriate licensing terms and right of use set forth by each map provider.
13.4. If using OpenStreetMap Tiles, you must read and understand the OpenStreetMaps Tile Usage Policy. Read the OpenStreetMap Tile Policy.
13.6. This End-User License Agreement shall be construed, interpreted and governed by the laws of The Republic of Belarus. This End-User License Agreement gives you specific legal rights; you may have others that vary from country to country.
13.7. This End-User License Agreement may only be modified in writing signed by you and an authorized officer of TOP SOFT UE. If any provision of this End-User License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed of its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.
13.8. TOP SOFT UE reserves all rights not specifically granted in this End-User License Agreement.
Copyright © 2016 Top Soft UE.
All trademarks and registered trademarks are the property of their respective owners.
Should you have any questions concerning this End-User License Agreement, or if you desire to contact the owner for any reason.