NConstruct Lite

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 software. Biro M&T, Ltd. reserves the right to change and/or modify this SLA at its sole discretion at any time.

II.   Definitions

NConstruct Lite: Tool for generating source code.

Generated Code: Program code generated by NConstruct Lite.

Software: The Software includes NConstruct Lite, 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 .

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:

·        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)

·        NVelocity (licensed under Apache License 1.1: http://www.apache.org/licenses/LICENSE-1.1)

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 http://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 Lite License

The Licensee, who has registered for the NConstruct Lite Version, is granted a non-exclusive, non-transferable, non-fee bearing licenses:

·        License to use NConstruct Lite to create and change the Generated Code, to produce executables using Generated Code and to distribute without any charge of royalties Generated Code and executables on as many machines as the Licensee wishes. The Licensee is not permitted to distribute, resell, rent, sublicense or exploit the NConstruct Lite in any manner not expressly permitted by this SLA;

All rights not herein specifically granted to the Licensee are retained by the Licensor.

2. 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 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 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 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 if  Licensee is in material breach of any 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.