DynarchLIB Developer License

1  Parties of this contract

This contract is an agreement between:

  1. Dynarch-WEB SRL (address: Str. Republicii, nr. 350, sc. E, ap. 9, 730223 Vaslui România; reg. code: J37/353/2003; fiscal code: 15593054; email: office@dynarch.com; web: http://www.dynarch.com/), legally represented by Mihai Bazon (CEO/administrator). Moving forward this party will be called “We”, “Us” or “Dynarch”.

  2. Your company (address: Your Address, email: your_email@url.com, web: http://your.url.com/), represented by Your Name. We will refer to this party as “The Beneficiary”, or “You”.

2  The object of this contract

  1. Subject to the terms of this agreement, We grant You a revocable, non-transferable, non-exclusive license to use our DynarchLIB JavaScript Toolkit (further named “The Software”) including all source or object code, documentation and other related materials that You download from our website, according to the license type that you purchased:

    Developer license

    Only one (1) developer within Your Company may install and use The Software on any computers used exclusively by such developer. You have the right to use The Software in any applications developed by Your Company and install such applications on as many domains, subdomains and servers as you need, according to the terms and conditions described in sections 3, 4 and 5 below.

  2. The Software is protected by national and international copyright laws, as well as other laws or treaties related to intellectual property to which Romania has adhered.

  3. This contract grants you the right to use The Software, according to these terms and conditions, but it does not grant you the property of the software. The Software is licensed, not sold.

3  Source code, derived works

3.1  Definitions

Modification
— any addition or removal that you bring to the original source code of The Software.
Derived work
— a version of The Software that includes your own Modifications and provides substantially similar functionality as the original Software.
  1. The Software that We provide includes fully human-readable source code and all available documentation, in order to enable you to modify and customize it to suit your needs. While You will keep all copyright and interest in the modifications that you bring to The Software, we continue to hold all copyright and intellectual property rights in The Software.

  2. You may not distribute a Derived Work outside of the terms and conditions described in this contract without our explicit permission. You may use a Derived Work in your own applications as described in section 4.

4  Permitted use

  1. You may use The Software or any Derived Works in any applications that you develop on top of The Software in accordance with this agreement.

  2. You must keep any existing copyright notices in the source code and/or documentation. You may add your own copyright notices in Derived Works, to cover your own Modifications to the source code.

  3. You must make sure that The Software will not be used by third parties, or by applications not developed by yourself. For example, if you install The Software on a customer server, the customer should not use The Software independently of your application and should be informed accordingly.

  4. By not holding the intellectual property rights in The Software, you must distribute it to third parties only in accordance with the terms and conditions described in this contract.

5  Forbidden use

  1. You may not distribute The Software itself, nor any Derived Works, except as a part of your own applications which must have substantially different functionality.

  2. You are not allowed to distribute The Software, nor any Derived Works, as part of a development library or toolkit. (The Software is a development toolkit).

  3. You may not transfer, sell, rent or sublicense The Software or any components of it.

6  Termination

  1. This contract, as well as your right to use The Software, will terminate immediately and without notice in the event that you will fail to comply with any of the specified terms and conditions.

  2. This contract can be terminated as well by mutual agreement.

  3. After the termination in any way of this contract you have the obligation to immediately cease to use The Software and any Derived Works and remove The Software and all Derived Works from any workstations and/or servers where you may have installed or copied it.

  4. In an eventual termination of this contract, all clauses related to warranties and prohibited use will still continue to be enforced perpetually.

7  No Warranties

THE SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.