NConstruct Software License Agreement (SLA)
I. Preamble
By purchasing, installing or otherwise using the Software identified below and/or its
related materials, you agree to be legally bound by the terms and conditions of this
Software License Agreement. Indicate your expressed agreement by checking the box "I
have read and agree to the Software License Agreement". This Software License Agreement
("SLA") is a legal agreement between the Licensee and Biro M&T, Ltd. ("Licensor"), which
regulates the use of the NConstruct software.
Biro M&T, Ltd. reserves the right to change and/or modify this SLA at its sole discretion
at any time.
II. Definitions
Software: The Software includes NConstruct Builder, NConstruct Client, NConstruct
Server, generated program code (generated by NConstruct Builder), End User
Information System based on generated code (generated by NConstruct Builder),
associated media, printed materials, and online or electronic documentation.
Licensor: Biro M&T. The licensor retains all rights, title and interest in and to the
Software, including all intellectual property rights. Licensor also maintains full copyright
of the "NConstruct" trade mark.
Licensee: Is a natural person or legal entity, which acquires the right to use the
Software under the terms and conditions of this SLA.
NConstruct Builder: Tool for generating code for the End User Information System.
NConstruct Components: NConstruct Client and NConstruct Server.
Generated Code: Program code generated by NConstruct Builder.
End User: Legal or natural entity which makes use of the End User Information System.
End User Information System: Information System which was built on generated code
(generated by NConstruct Builder).
Software activation: The process of Software activation and protection of the
NConstruct Builder.
III. Third Party Software
The Licensor has made use of all Third Party Software in full compliance of all applicable
terms and conditions of copyright holders and/or other authorized parties. The Licensor
has made use of the following Third Party Software:
• BambooPrevalence (licensed under MIT license:
http://www.opensource.org/licenses/mit-license.php)
• Castle.DynamicProxy (licensed under Apache License 2.0:
http://www.apache.org/licenses/LICENSE-2.0)
• DockPanel Suite (licensed under MIT license:
http://www.opensource.org/licenses/mit-license.php)
• The Genghis Project (licensed under zlib/ libpng license:
http://www.opensource.org/licenses/zlib-license.php)
• Iesi.Collections (no license provided)
• Log4net (licensed under Apache License 2.0:
http://www.apache.org/licenses/LICENSE-2.0)
• NHibernate (licensed under LGPL: http://www.gnu.org/licenses/lgpl.html)
• NUnit (licensed under zlib/ libpng license: http://www.opensource.org/licenses/zlib-
license.php)
• NVelocity (licensed under Apache License 1.1:
http://www.apache.org/licenses/LICENSE-1.1)
• The Spring Framework (licensed under Apache License 2.0:
http://www.apache.org/licenses/LICENSE-2.0)
• TinyMCE (licensed under LGPL: http://www.gnu.org/licenses/lgpl.html)
The Licensor has used all Third Party Software in its original form without any changes
or modifications. Licensees have the right to use Third Party Software only in full
compliance with terms and conditions of use, as determined by copyright holders and/or
other authorized parties. Links to separate license terms and conditions are stated in the
previous paragraph beside the Third Party Software name.
The Software has been fully tested with the versions of Third Party Software supplied by
the Licensor with the Software (the versions supplied are stated at
www.nconstruct.com). The Licensee has the right to use other versions of Third Party
Software. In use of other versions of Third Party Software (instead of versions supplied
by Licensor), the Licensee has to be aware that no testing with those Third Party
Software versions has been carried out by the Licensor and other versions of Third Party
Software are used at the sole risk of the Licensee.
The use of all Third Party Software supplied by Licensor is limited solely to use with the
Software.
IV. Terms of license
1. NConstruct Trial License
The Licensee, who has registered for the NConstruct Trial Version, is granted a non-
exclusive, non-transferable, non-fee bearing license to use NConstruct Builder,
NConstruct Components, Generated Code and End User's Information System for the
sole purposes of evaluation and trial. The Licensee is not allowed to use the Software for
any commercial purposes whatsoever.
The NConstruct Trial License begins on the date of Software activation and expires thirty
(30) days after Software activation (this being the "Trial Period"). When the NConstruct
Trial License expires, the Licensee is no longer allowed to use the Software.
All rights not herein specifically granted to the Licensee are retained by the Licensor.
2. NConstruct Basic Developer License
The Licensee, who has purchased and registered for the NConstruct Basic Developer
Version, is granted the following non-exclusive, non-transferable licenses:
• License to use the NConstruct Builder for the sole purpose of designing, developing,
testing and deploying the End User Information System. The Licensee is not
permitted to distribute, resell, rent, sublicense or exploit the NConstruct Builder in
any manner not expressly permitted by this SLA;
• License to use and distribute without any charge of royalties the executables of
NConstruct Components on as many machines as the Licensee wishes for the sole
purpose of designing, developing, testing and deploying the End User Information
System;
• License to change the source code of the Generated Code, to produce the
executables and to distribute without any charge of royalties these executables on as
many machines as the Licensee wishes for the sole purposes of designing,
developing, testing and deploying the End User Information System;
• License to distribute without any charge of royalties the executables of the End User
Information System on as many machines as the Licensee wishes for the sole
purposes of designing, developing, testing and deploying the End User Information
System. Distribution of the End User information system source code is not permitted
without Licensor's prior written consent (additional fees may apply).
NConstruct Basic Developer License begins upon the date of purchase and is valid for
an infinite period of time.
The Software is licensed per developer machine. This means that each person using or
otherwise accessing the Software for design, development, testing and deployment
purposes must obtain the right to do so by purchasing an individual NConstruct Basic
Developer License. The Licensee may only use the Software locally from each
developer machine (the Software may not be used from a shared network location by
multiple developers).
All rights not specifically granted to the Licensee herein are retained by the Licensor.
3. NConstruct Professional Developer License
The Licensee, who has purchased and registered for the NConstruct Professional
Developer Version, is granted the following non-exclusive, non-transferable licenses:
• License to use the NConstruct Builder for the sole purposes of designing,
developing, testing and deploying the End User Information System. The Licensee is
not permitted to distribute, resell, rent, sublicense or exploit the NConstruct Builder in
any manner not expressly permitted by this SLA;
• License to use and change the Source Code of the NConstruct Components for the
sole purposes of designing, developing, testing and deploying the End User
Information System and the license to distribute without any charge of royalties the
executables of NConstruct Components on as many machines as the Licensee
wishes for the sole purposes of designing, developing, testing and deploying the End
User Information System;
• License to change the source code of the Generated Code, to produce the
executables and to distribute without any charge of royalties these executables on as
many machines as the Licensee wishes for the sole purposes of designing,
developing, testing and deploying the End User Information System;
• License to distribute without any charge of royalties the executables of the End User
Information System on as many machines as the Licensee wishes and for the sole
purposes of designing, developing, testing and deploying the End User Information
System. The distribution of the End User information system source code is not
permitted without the Licensor's prior written consent (additional fees may apply).
NConstruct Professional Developer License begins upon the date of purchase and is
valid for an infinite period of time.
The Software is licensed per developer machine. This means that each person using or
otherwise accessing the Software for design, development, testing and deployment
purposes must obtain the right to do so by purchasing an individual NConstruct Basic
Developer License. The Licensee may only use the Software locally from each
developer machine (the software may not be used from a shared network location by
multiple developers).
All rights not specifically granted to the Licensee herein are retained by the Licensor.
4. Other License Terms
Licensee may not reverse engineer, decompile, translate, or disassemble any part of the
Software. Reverse engineering, decompilation or disassembling is allowed only to the
extent expressly permitted by applicable law. The Licensee agrees to take all reasonable
and appropriate measures to prohibit the illegal dissemination of the Software or any of
its constituent parts and redistributables to the fullest extent of all applicable laws.
At no time may the Licensee and/or End User utilize all or any portion of the Software to
create any tool, redistributable software component or software, which would directly or
indirectly compete with the NConstruct Software.
V. Disclaimer of Warranty and Limitation of Liability
Disclaimer of Warranty
The Licensor expressly disclaims any warranty for the Software. The Software 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 non infringement. The Licensor does not warrant, guarantee, or
make any representations regarding the use or the results of use of the Software in
terms of correctness, accuracy, reliability, or otherwise. The entire risk arising out of use
or performance of the Software remains solely with the Licensee. No oral or written
information or advice given by the Licensor or its employees shall create a warranty or in
any way increase the scope of this warranty.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall the Licensor 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, even if the Licensor has been advised to the possibility of such damages.
The Licensee understands that the Software may produce inaccurate results because of
a failure or fault within the Software or failure by the Licensee to properly use and or
deploy the Software. The Licensee assumes full and sole responsibility for any use of
the Software and bears the entire risk for any failures or faults within the Software.
The Licensor does not assume any responsibility whatsoever for any work (e.g. End
User's Information System) resulting from the use of Software by Licensee.
VI. Software Changes
The Licensor reserves the full right to alter prices, features, specifications, capabilities,
functions, licensing terms, release dates, general availability or other characteristics of
the Software at any time.
VII. Ownership
Title, ownership rights, and all intellectual property rights in and to the Software and
Documentation shall remain the sole and exclusive property of the Licensor.
Licensee acknowledges that the Software contains valuable confidential information and
trade secrets of the Licensor and therefore agrees not to create competitive products or
attempt to decipher, decompile, disassemble or reverse engineer the Software or assist
or encourage any third party in doing so.
VIII. Term and Termination
This SLA shall take effect upon purchasing the Software, and shall remain in force until
terminated in accordance with this SLA.
Licensor may, by written notice to Licensee, terminate this SLA immediately should any
of the following events ("Termination Events") occur: (a) Licensee fails to pay any
amount due to the Licensor within thirty (30) days after Licensor gives written notice of
such nonpayment; or (b) Licensee is in material breach of any non-monetary provision of
this SLA, which is not cured, if capable of being cured, within thirty (30) days after
Licensor gives the Licensee written notice thereof or if not capable of being cured, within
3 days after Licensor gives the Licensee written notice thereof.
Termination of this SLA shall not affect the provisions relating to the limitations or
disclaimers of the Licensor's liability. Such provisions shall survive the termination of this
SLA.
Within thirty (30) days after the date of termination or discontinuance of this SLA for any
reason whatsoever, the Licensee shall destroy the Software and all copies, in whole or
in part, all Documentation relating thereto, and any other Confidential Information in its
possession that is in tangible form.
IX. Miscellaneous
If any term, condition, or provision in this SLA is found to be invalid, unlawful or
unenforceable to any extent, the remaining terms, conditions and provisions will continue
to be valid and enforceable to the fullest extent permitted by law.
This SLA represents the entire agreement of the parties with respect to the subject
matter of this SLA and supersedes all previous communications, representations,
understandings and agreements, either oral or written, between the parties with respect
to said subject matter.
This SLA shall be governed by and construed in accordance with the laws of the
Republic of Slovenia. The Licensee agrees that any dispute regarding this SLA shall be
heard in the courts having jurisdiction in Ljubljana, and further agrees to subject to the
personal jurisdiction of such courts.
The use of this Software constitutes an acceptance of the terms of this SLA. If the
Licensee does not agree to be bound by these provisions, they are required to destroy
all copies of this Software from their equipment immediately.
