An End User License Agreement (EULA) is a legal contract between a software application author or publisher and the user of that application. The EULA, often referred to as the "software license," is similar to a rental agreement; the user agrees to pay for the privilege of using the software, and promises the software author or publisher to comply with all restrictions stated in the EULA.
SHARPDEV LLC: SHARPDEV LLC refers to the company licensing the software.
AbotX: AbotX refers to the specific software product that SHARPDEV LLC is providing licensing to.
Licensee: The licensee is the person or company who intend to use the licensed software or already uses it legally or illegally. The term “licensee” does not imply that the software is legally licensed by default.
Licensed Software: The licensed software is a package of libraries and components or a single library or component containing code that is executable on a computer and is covered by this license agreement.
Breaking Change: A breaking change is a newer version of the software, library or component that has a change to its public interface or behavior which is incompatible to the older version. In general the newer version of this software, library or component can’t be used without adaption in the licensee’s software or system.
Competing Product: A product or service that exposes functionality that either closely matches, matches, or exceeds the capabilities of this software.
SHARPDEV LLC retains all right, title and interest to the software. All rights not expressly granted are reserved by SHARPDEV LLC. This software is licensed to the licensee and not sold to the licensee. This license grants: (1) the use of the licensed software. (2) The right to develop own software solutions using the licensed software.
Unless otherwise stated, the software can be used on any number of machines owned and operated by the licensee.
The licensee will have perpetual usage rights to the latest version of software that is available at the date of purchase.
AbotX CANNOT be packaged or redistributed with another product or package using any of the standard plans. A distribution/redistrution license must be purchased seperately. If purchased seperately AbotX source code cannot be redistributed. Only the resulting dll of complilation.
This software cannot be used to create or support a competing product that causes or can cause loss of revenue or users to AbotX
If the licensee installs copies or uses the software otherwise, the licensee is bound to the terms and conditions of this end user license agreement. The licensee must lawfully acquire the software; otherwise he has no right to use it. If the licensee does not agree with the terms and conditions of this license agreement the licensee mustn’t install, copy or use this software.
The licensee may transfer the software license to third parties, but only with the consent and under the conditions of this license agreement and transfer conditions of SHARPDEV LLC. For this purpose a license transfer agreement shall be concluded between the licensee, the third party and SHARPDEV LLC. The license transfer agreement will be provided by SHARPDEV LLC. A transfer of the license to third parties without signing a license transfer agreement is not possible.
The licensee has the right to conduct functional and performance tests (benchmark tests). The licensee has the right to publish the test results under these terms: (1) the licensee must publish the specific software version and release date of our software and all applied updates and patches which the licensee has tested as well as the date of the test itself; (2) the licensee must publish the source code of the test without exposing code or license data that would allow others to use AbotX who do not have their own valid license, any third party tool with version number and release date used for the test, the licensee’s computer configuration and any optimization the licensee has done; (3) the licensee is only allowed to publish test results for the latest versions with all available updates and patches applied; (4) All above terms apply to competing products too if the licensee’s test compares them with AbotX and the licensee intends to publish the comparison.
The licensee has NO right to decompile or reverse engineer the software. The source code of the AbotX software is purchasable separately. This license grants no rights to disclose the source code or any derivative work from the source code.
The software is provided “as is” and the licensee uses it at his/her own risk. SHARPDEV LLC makes no warranties to its use, to its performance or to its fitness for a particular purpose. It is always possible that software contains errors (bugs) and fails to work. Therefore SHARPDEV LLC doesn't warrant that the software is completely error free, or that it works without interruption with all computers and configurations.
It is solely in the licensee’s responsibility to check if the software fits his particular purpose or meets his functional and performance requirements. The licensee is also obliged to test how the software works on his computers and his configurations; test all use cases and check if data processed without errors and as desired before he use the software in production environments.
The licensee is responsible for the consequences of use of the software and the thereby resulting direct and indirect damages as far as it is legally possible. The liability is limited to the purchase price as far as it is legally possible; otherwise it is limited to the legally possible minimum.
SHARPDEV LLC provides general support for the current version of the software through the community forum or email only. Older versions are supported during a transition period which shouldn’t be longer than six months after the release of a new software version. Licensees with a maintenance contract (purchased seperately) can have a longer transition period to the newer version on request. This request and all agreements must be in writing from SHARPDEV LLC.
The laws of the United States of America are applicable for this license agreement.
Should any part of this agreement be invalid for any reason, it is to be replaced with a corresponding text, which is valid and equivalent to the intended meaning. The rest of the agreement shall remain unaffected and valid.