ࡱ> UWT}dbjbj554h__7dddddxxxxt$xv$d69ddd0BddG x-:F0v<g.<<d(v<( *:GENERAL DEFINITION OF LICENSE AGREEMENT TERMS The term FancyCMS or Fancy CMS or Fancy Flash CMS as used in this and related papers refers to the flash cms engine technology that is being used for management of flash coment, programmed in ActionScript 3.0 and running in an unmodified, commonly available Flash Player, version 9 and newer. This term also refers to demo templates optimized to run under FancyCMS core. FancyCMS also is used for any general version of Framework or Combined Work or Modification. The term Framework as used in this and related papers refers to any complete package of Binaries of a specific version of FancyCMS. The term Modification as used in this and related papers refers to a modified Framework. The term Extension as used in this and related papers refers to non FancyCMS Proprietary Software that is not part of but usually intended to be used together with a Framework or Modification. One example of an Extension are Plugins, developed by a Reseller or Developer, that extend the FancyCMS functionality using the provided APIs of FancyCMS. The term Proprietary Software as used in this and related papers refers to any software that is not licensed under GPL (such as software modules developed by a Reseller of FancyCMS or any 3rd Party Software). The term Combined Work as used in this and related papers refers to any combination of a Framework or Modification with or without Extensions. The term Plugin as used in this and related papers refers to a software module that works together with the Combined Work using the API. The term API as used in this and related papers refers to an interface used and provided by Combined Work. The term Commercial License as used in this and related papers refers to licenses that allow the commercial use of Combined Work. The term Commercial Use as used in this and related papers refers to the use of Combined Work with commercial aims or for business purposes of organizations, e.g. internal distribution of documentation using Combined Work via media or local networks. The term Educational Use as used in this and related papers refers to the use of Combined Work with educational aims, e.g. for use at Schools and Universities which can apply for a FancyCMS-FREE License. The term Charity Use as used in this and related papers refers to the use of Combined Work by Charity Organizations, which also can apply for a FancyCMS-FREE License. The term Non-Commercial Use as used in this and related papers refers to the use of Combined Work without commercial aims. Such use typically is of personal or private nature, for test purposes without public distribution or access. The term OEM License as used in this and related papers refers to commercial licenses Resellers can purchase during the Life Span of a Reseller License with an additional Reseller discount. The term Binary as used in this and related papers refers to the complete set of all components required to run a Combined Work (typically the *.swf and *.js files, i.e. the compiled results of the Sources), together with the configuration files (the HTML and XML files) and all accompanying documentation like readme, copyright and license information. The term Source as used in this and related papers refers to the components of a Combined Work (typically *.as and *.fla files) that enable Resellers or Developers to create Modifications and/or Extensions to obtain a Combined Work and the resulting Binaries. The term Reseller as used in this and related papers refers to the Licensee of a Reseller License and someone who intends to create and/or sell Combined Work. The term Site as used in this and related papers refers to the physical business location (postal street address) of a Corporate. The term Life Span as used in this and related papers refers to the period of time the Licensee is entitled to execute certain rights under this License, which are detailed in this Agreement in the paragraphs Rights and Life Span. This Software License Agreement ("Agreement") is made and effective with the day of shipment of any FancyCMS Software (in this paper also simply called License) and between FancyCMS Company (Licensor) and you ("Licensee"). The Framework was developed and is licensed under the name of FancyCMS. Licensee desires the right to utilize and/or to modify a Combined Work. This right is granted as long as Licensor accepts the terms of this License Agreement in its entirety. NOW, THEREFORE, in consideration of the mutual promises set forth herein, Licensor and Licensee agree as follows: LICENSE Licensor hereby grants under this License Agreement to Licensee the following perpetual, non-exclusive, limited rights as long as all restrictions as listed below are met and the License is not terminated on reason (see Termination) Rights The Licensee has, as long as he complies with the below listed Duties, the right to Install the Framework on as many computers as needed. Use the Framework for Educational or Charity Use. Modify the configuration files and/or adjust the look and feel of FancyCMS core and templates. Modify Source files to create a new set of Binaries. Create a final set of Binaries that comprises the complete, customized Framework. Create a new Combined Work using the original or customized Framework or original Combined Work plus optional Extensions and changes resulted from the above granted rights. Publish the Combined Work for his website, offline presentations and other multimedia presentations Duties Licensee must not modify or delete lines of code that are specifically marked and embraced by /* [DO NOT DELETE - START] */ // protected code /* [DO NOT DELETE - END] */ Remark: Those code segments in most cases are related to License Number handling. Licensee must not delete or modify any copyright statements. Licensee must not give the appearance to be the developer or owner of the Combined Work. Licensee must include the unique and specific public License Key that comes with the License Certificate in every instance of FancyCMS, as defined in the License Certificate. Licensee must not publish or distribute more FancyCMS instances than covered and explicitly granted with the License Certificate. " Licensee must not transfer or convey Modifications or Combined Work. Licensee should present Licensors Logo and/or a link to Licensors website in an appropriate way, e.g. as it comes with the Binaries downloaded from our website. License Keys License Keys will be tracked by Licensor in a database. A pair of one private and one public License Key is provided for each license purchased. The private License Key proves ownership and allows the use of the Software. All granted Licenses are valid throughout the Life Span and for the maximum amount of pages defined in the License agreement. And as long as the License is not terminated on reason (see Termination). NUMBER OF USERS PER LICENSE, DEVELOPMENT LICENSE There is no limitation in the number of users. For Modifications no special license (like a Development License) is needed. There is no limitation in the number of users. DISTRIBUTION OF COMBINED WORK Distribution of Binaries or Sources of Modifications (modified Combined Work) is not allowed; see above paragraphs Rights and Duties. Sources or Binaries of Extensions (like Plugins) developed by Reseller using Licensors templates and/or APIs protected by Open Source Licenses, can be distributed under the same terms as those of - or terms compatible to - that Open Source License at the discretion of Licensee. LIFE SPAN, MAINTENANCE With the shipment of the License Certificate a license specific Life Span starts. The duration of that Life Span is defined in the License description and License Certificate. After the Life Span all FancyCMS instances published throughout that period of time can stay online and be continuously used without limitations. There is no Maintenance Period or Maintenance fee; updates and upgrades are free. TAXES Licensee shall pay, if applicable, to Licensor or reimburse Licensor as appropriate, all amounts due for property tax on the Software and for sales, use or excise taxes. In no event shall Licensee be obligated to pay any tax paid on the income of Licensor or paid for Licensor's privilege of doing business FEE There is no fee for the use of the Combined Work under a FancyCMS-FREE License. WARRANTY OF TITLE Licensor hereby represents and warrants to Licensee that Licensor is the owner of the Software or otherwise has the right to grant to Licensee the rights set forth in this Agreement. In the event of any breach or threatened breach of the foregoing representation and warranty, Licensee's sole remedy shall be to require Licensor to either: i) procure, at Licensor's expense, the right to use the Software, ii) replace the Software or any part thereof that is in breach and replace it with Software of comparable functionality that does not cause any breach, or iii) refund to Licensee the full amount of the license fee upon the return of the Software and all copies thereof to Licensor. WARRANTY OF FUNCTIONALITY The Software is sold AS IS and comes without any Warranty. INTELLECTUAL PROPERTY RIGHTS The Software and any copies that Licensee is authorized by Licensor to make, are the intellectual property of and are owned by Licensor. The structure, organization and code of the Software are the valuable trade secrets and confidential information of us. The Software is protected by copyright, including without limitation by US Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Licensee may not copy the Software, except as set forth in the paragraph "License". Any copies that Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software. Licensee also agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of Software that is not provided in Source form, except to the extent Licensee may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the Software with another software program, and Licensee have first requested Licensor to provide the information necessary to achieve such operability and we have not made such information available. We have the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by Licensor or obtained by you, as permitted hereunder, may only be used by Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software. Requests for information should be directed to our Customer Support or Sales Department. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give Licensee any rights of ownership in that trademark. Except as expressly stated above, this Agreement does not grant Licensee any intellectual property rights in the Software. WARRANTY DISCLAIMER LICENSOR'S WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY Licensor shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Licensor was advised of the possibility of such losses in advance. In no event shall Licensor's liability hereunder exceed the amount of license fees paid by Licensee, regardless of whether Licensee's claim is based on contract, tort, strict liability, product liability or otherwise. NOTICE Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services. EXPORT RULES You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by export laws. All rights to Use the Software are granted on condition that such rights are forfeited if Licensee fails to comply with the terms of this Agreement. GOVERNING LAW This Agreement shall be construed and enforced in accordance with the laws of US. NO ASSIGNMENT Neither this Agreement nor any interest in this Agreement may be assigned by Licensee without the prior express written approval of Licensor. TERMINATION In case Licensee breeches any provisions set forth in this agreement, this will immediately terminate his rights granted under this License agreement. If Licensee does no longer use Framework for Educational or Charity purposes, this again will immediately terminate his rights granted under this License agreement. FINAL AGREEMENT This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This Agreement may be modified only by a further writing that is duly executed by both parties SEVERABILITY If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included. HEADINGS Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. 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