The license will be issued to a company and license keys will contain the name of your company.
The number of licenses should be equal to the number of developers who will use JNIWrapper for development purposes.
For example, if you have 10 developers involved into your project and only 4 of them work with JNIWrapper, you should purchase 4 licenses only.
If you need more than 20 licenses, it would be more profitable for you to order an Unlimited License that covers unlimited number of developers. It means that this license allows unlimited number of developers to use JNIWrapper on any amount of computers within your company for development purposes.
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The source code for JNIWrapper is available for purchasing under the terms and conditions of a separate Source Code License Agreement.
If you use any of our products or any related documentation it means that you accept the terms and conditions of the Product License Agreement.
Having once purchased JNIWrapper license you can perpetually use it in all your projects without any annual renewals, subscriptions or additional fees to us.
Please note that we license the development only. You pay only for licenses for your developers who will use JNIWrapper for development purposes. You can distribute your software with JNIWrapper enclosed to any number of end users without any additional payment to us. When purchasing JNIWrapper license you get two license keys—the Development License Key and Runtime License Key. You need to have the Development License Key installed to use JNIWrapper for development purposes. The Runtime License Key should be used when you distribute your software with JNIWrapper enclosed.
This is a legal agreement (“Agreement”) is made and entered into as of <Date> (the “Effective Date”), by and between TeamDev Ltd. (“TeamDev”), which maintains its principal place of business at Lenina ave. 47, Kharkov, Ukraine, and <Company or Individual> (“Licensee”), which maintains its principal place of business at <Address>.
a) “Covered Code” means the Original Code, Modifications, the combination of Original Code and any Modifications, and/or any respective portions thereof.
b) “Larger Work” means a work that combines Covered Code or portions thereof with code not governed by the terms of this Agreement.
c) “Modifications” means any addition to or deletion from the substance and/or structure of the Original Code, any previous Modifications, the combination of Original Code and any previous Modifications, and/or any respective portions thereof. When Covered Code is released as a series of files, a Modification is: (i) Any addition to or deletion from the content of a file containing Original Code or previous Modifications. (ii) Any new file that contains any part of the Original Code or previous Modifications.
d) “Original Code” means (i) the Source Code of a program or other work as originally made available by TeamDev under this Agreement, including the Source Code of minor updates or upgrades to such programs or works made available by TeamDev under this Agreement; and (ii) the object code compiled from such Source Code and originally made available by TeamDev under this Agreement.
e) “Runtime” means the files that are included into the Software and required for distribution of the Larger Work created using the Covered Code. Runtime files are identified in the accompanying printed or on-line documentation (“Documentation”).
f) “Source Code” means the human readable form of a program or other work that is suitable for making modifications to it, including all modules it contains, plus any associated interface definition files, scripts used to control compilation and installation of an executable (object code) for Licensed Technologies.
g) “Licensed Technologies” means Original Code of JNIWrapper versions 3.x.
h) “Confidential Information” means: (i) the Original Code; (ii) the Software; (iii) the technology, ideas, know-how, documentation, processes, algorithms and trade secrets embodied in the Software; (iv) any software keys related to the Software; and (v) any other information, except information specified as non-confidential, whether disclosed orally or in writing or magnetic media, that is identified as CONFIDENTIAL, PROPRIETARY or with a similar legend at the time of such disclosure.
TeamDev retains all rights; title and interest in and to the Original Code and any modifications made by or on behalf of TeamDev (“TeamDev Modifications”), and such TeamDev Modifications will not be automatically subject to this Agreement. TeamDev may, at its sole discretion, choose to license such TeamDev Modifications under this Agreement or on different terms from those contained in this Agreement or may choose not to license them at all.
All rights not expressly granted herein are reserved by TeamDev.
Subject to the terms, conditions, and limitations set forth in this Agreement, TeamDev hereby grants to Licensee a royalty-free, non-exclusive, non-transferable license to use the Original Code as follows:
Licensee may a) use, modify, adapt, alter, translate, create derivative works of, and distribute the Original Code (or portions thereof) with or without Modifications, as part of the Larger Work in executable (object code) form only; b) remove any proprietary notices or labels on the Original Code and/or Covered Code.
Licensee may NOT a) sell rent, lend, give, lease, sublicense or otherwise transfer rights to the Original Code (or any portion thereof) to any other party; b) distribute the Original Code (or any portion thereof) with or without Modifications, separately, outside of the Larger Work; c) publish the Original Code on any medium, including, but not limited to, electronic mail, online services, Internet newsgroups, and printed matter; d) use the Covered Code in whole or in part as the basis for creating a software product which provides the same, or substantially the same, functionality as any TeamDev product or is otherwise generally competitive with it.
TeamDev does not provide free of charge technical support related to the use of the modified Original Code in Licensee’s Larger Works. During 1 (one) year after this Agreement is signed, TeamDev agrees: a) to provide Licensee with minor version updates to the Source Code within 10 days of the public release of any upgrades to the Software; b) to provide Licensee with technical support in the general use of the Software and in bug fixing only.
Licensee shall not use or disclose any Confidential Information, except as expressly authorized by this Agreement, and shall protect all such Confidential Information using the same degree of care which Licensee uses with respect to their own proprietary information, but in no event with safeguards less than a reasonably prudent business would exercise under similar circumstances. Licensee’s obligations regarding the protection of Confidential Information shall survive any expiration or termination of the Agreement. Licensee shall take prompt and appropriate action to prevent unauthorized use or disclosure of the Confidential Information.
The Covered Code may contain errors that could cause failures or loss of data, and may be incomplete or contain inaccuracies. You expressly acknowledge and agree that use of the Covered Code, or any portion thereof, is at Your sole and entire risk. THE COVERED CODE IS PROVIDED ON A STRICTLY “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TEAMDEV SHALL CREATE A WARRANTY.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL TEAMDEV OR ITS SUPPLIERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, 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 THIS TEAMDEV PRODUCT, EVEN IF TEAMDEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement does not grant any rights to use the trademarks or trade names: “TeamDev”, “JNIWrapper” or any other trademarks, service marks, logos or trade names belonging to TeamDev. Licensee agrees not to use any marks belonging to TeamDev in or as part of the name of products based on the Original Code.
This Agreement and the rights granted herein will terminate immediately without notice from TeamDev if the Licensee fails to comply with any provision of this Agreement. Upon such termination, Licensee agrees to immediately stop any further use, modification, and distribution of the Covered Code and destroy all copies of the Covered Code that are in Licensee’s possession or control. Sections 6, “Disclaimer of Warranty” and Section 7, “Limitation of Liability” shall remain effective after the termination of this Agreement.
No party will be liable to any other for compensation, indemnity or damages of any sort solely as a result of terminating this Agreement in accordance with its terms, and termination of this Agreement will be without prejudice to any other right or remedy of any party.
If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the economic benefits and intent of the parties, and the remainder of this Agreement will continue in full force and effect.
You agree to be identified as a Licensee of TeamDev and You agree that TeamDev may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in TeamDev’s marketing materials and web sites. You hereby grant TeamDev a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to TeamDev pursuant to this marketing section.
Licensee and TeamDev may use the information about their business relationship for independent or joint marketing efforts so long as they adhere to the requirements of set forth in Section 5, “Confidential Information”. Examples of allowable marketing uses include creation and use of case studies, press releases, printed and on-line marketing materials, presentations, and business references (“Marketing Materials”).
a) This Agreement constitutes the complete, final and exclusive statement of the agreement between TeamDev and Licensee, which supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of this Agreement. No waiver, alteration or modification of the provisions of this Agreement will be valid unless made in writing and signed by a corporate officer of TeamDev.
b) This Agreement will not be construed as creating an agency, partnership, joint venture or any other form of legal association between or among Licensee and TeamDev, and Licensee will not represent to the contrary, whether expressly, by implication, appearance or otherwise.
c) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. If any provision of this Agreement is held invalid, the remainder of this Agreement will continue in full force and effect. Either TeamDev or Licensee may assign this Agreement in the case of a merger or sale of substantially all of its respective assets to another entity. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and assigns.
The license fee for the Licensed Technologies is _____ (EUR/USD). The total amount shall be paid via a money transfer to the account stated in the appropriate invoice issued by TeamDev upon signing this Agreement. The Licensee shall pay the invoice in full within 30 (thirty) calendar days of the invoice date. Overdue invoice is subject to a late charge of _____ (EUR/USD). If the Licensee fails to pay within 2 (two) months from the invoice date, the TeamDev has the right to terminate the Agreement. TeamDev delivers the Licensed Technologies to the Licensee within 3 (three) business days upon receiving the license fee.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and do each hereby represent and warrant that their respective signatory whose signature appears below has been and is on the date of this Agreement duly authorized by all necessary and appropriate corporate or company action to execute this Agreement.
This is a legal agreement (“Agreement”) between You (either an individual or an entity) (“Licensee”), and TeamDev Ltd. (“TeamDev”).
IMPORTANT [PLEASE READ CAREFULLY]: BY INSTALLING, USING OR COPYING THE SOFTWARE OR ANY RELATED DOCUMENTATION (“SOFTWARE”) YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO INSTALL OR USE THE SOFTWARE.
a) “Software” means the software product supplied by TeamDev in binary form and corresponding documentation, associated media, printed materials, and online or electronic documentation.
b) “Runtime” means the files that are included into the Software and required for distribution of the programs that the Licensee creates using the Software. Runtime files are identified in the accompanying or on-line documentation (“Documentation”). You should refer to the documentation, including any “readme” or “runtime” files provided with the Software, for additional information regarding redistributable files.
c) “Evaluation License Key” means a file that allows using the Software for evaluation purposes for a limited period of time which shall commence on the day of registration, and terminate pursuant to the provisions defined by the section 3 “Evaluation License Grants” of this Agreement.
d) “Development License Key” means a file that allows the Licensee to integrate the Software into his own larger works.
e) “Runtime License Key” means a file that is required for distribution of the Licensee's works that enclose the Software.
f) “Individual License” means the Licensee is the individual specified in the Development and Runtime License Keys. For the avoidance of any doubt, Licensee is not a corporation, company, partnership or association or other entity or organization.
g) “Effective Date of the Agreement” means the date when Licensee receives Evaluation License Key(s), or Development License Key(s) and/or Runtime License Key(s) granted to Licensee by TeamDev.
The Software is owned by TeamDev, copyrighted and protected by copyright laws and international treaty provisions. The Software is licensed, not sold. By installing or using the Software you will not acquire any rights to the Software except as expressly set forth in this Agreement. All rights not expressly granted herein are reserved by TeamDev.
Subject to the terms and conditions of this Agreement, TeamDev hereby grants to you a non-exclusive, non-transferable right to use one copy of the specified version of the Software and the Documentation for the sole purposes of evaluation during the period of 30 (thirty) calendar days, and create a copy of the Software for backup purposes.
Subject to the payment of the applicable license fees, and to the terms and conditions of this Agreement, TeamDev hereby grants to you a non-exclusive, non-transferable right to use the specified version of the Software and Documentation on the number of workstations that corresponds to the number of licenses purchased; to reproduce and distribute, in executable form only, the programs that you create using the Software with Runtime without additional license or fees, subject to all the conditions defined herein.
5.1. General License Restrictions. You may NOT: a) modify, adapt, alter, translate, decompile, reverse engineer, or disassemble the Software; b) remove any proprietary notices or labels on the Software; c) make more copies of the Software than the number of the obtained licenses (excluding a copy for backup purposes); d) rent, lease, or otherwise transfer rights to the Software.
5.2. Evaluation License Restrictions. In addition to the general restrictions denoted in the section 5.1., as the holder of the Evaluation License you may NOT: a) use the Software for commercial purposes; b) use the Software after expiration of the evaluation period.
5.3. Development and Runtime License Restrictions. In addition to the general restrictions denoted in the section 5.1., as the holder of the Development and Runtime License you may NOT: a) use the software on the number of computers, exceeding the number of the licenses purchased; b) use Development License Key for redistributing your applications; c) use Runtime License Key for development purposes.
5.4. Individual License Restrictions. In addition to the restrictions denoted in the section 5.1 and in the section 5.3., as the holder of the Individual License you may NOT: a) use the software on computers not exclusively used by the Licensee; b) permit other individuals or entities to use the Software.
You agree to be identified as a customer of TeamDev and You agree that TeamDev may refer to You by name, trade name and trademark, if applicable, and may briefly describe Your business in TeamDev's marketing materials and web sites. You hereby grant TeamDev a license to use Your name and any of Your trade names and trademarks solely in connection with the rights granted to TeamDev pursuant to this marketing section.
7.1. TeamDev may provide Licensee with support services related to the Software. Use of any such support services is governed by the policies described on TeamDev's web site (www.teamdev.com).
7.2. Any supplemental software code or related materials that TeamDev provides to Licensee as part of the support services, in periodic updates to the Software or otherwise, is to be considered part of the Software and is subject to the terms and conditions of this Agreement.
7.3. With respect to any technical information that Licensee provides to TeamDev as part of the support services, TeamDev may use such information for its business purposes without restriction, including for product support and development. TeamDev will not use such technical information in a form that personally identifies Licensee.
8.1. TeamDev will defend and indemnify Licensee for all costs (including reasonable attorneys fees) arising from a claim that Software furnished and used within the scope of this Agreement infringes a U.S. or Canadian copyright or patent provided that: (i) Licensee notify TeamDev in writing within 30 (thirty) calendar days of the claim; (ii) TeamDev has sole control of the defence and all related settlement negotiations, and (iii) Licensee provide TeamDev with the assistance, information, and authority necessary to perform the above.
8.2. TeamDev will have no liability for any claim of infringement based on: (i ) code contained within the Software which was not created by TeamDev; (ii) use of a superseded or altered release of the Software, except for such alteration(s) or modification(s) which have been made by TeamDev or under TeamDev direction, if such infringement would have been avoided by the use of a current, unaltered release of the Software that TeamDev provides to Licensee, or (iii) the combination, operation, or use of any Software furnished under this Agreement with programs or data not furnished by TeamDev if such infringement would have been avoided by the use of the Software without such programs or data.
8.3. In the event the Software is held or believed by TeamDev to infringe, or Licensee's use of the Software is enjoined, TeamDev will have the option, at its expense, to: (i ) modify the Software to cause it to become non-infringing; (ii) obtain for Licensee a license to continue using the Software; (iii) substitute the Software with other Software reasonably suitable to Licensee, or (iv) if none of the foregoing remedies are commercially feasible, terminate the license for the infringing Software and refund any license fees paid for the Software, prorated over a three-year term from the Effective Date of the Agreement.
THE SOFTWARE AND ANY RELATED DOCUMENTATION ARE PROVIDED ON A STRICTLY “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
IN NO EVENT SHALL TEAMDEV OR ITS SUPPLIERS BE LIABLE FOR ANY 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 THIS TEAMDEV SOFTWARE, EVEN IF TEAMDEV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Licensee may terminate this Agreement at any time by destroying all copies of the Software. This Agreement will terminate immediately without notice from TeamDev if it is discovered that the Licensee fails to comply with any provision of this Agreement. Upon such termination, the Licensee must destroy all copies of the Software. Section 9 “Disclaimer of Warranty“ and section 10 “Limitation of Liability” shall remain effective after the termination of this Agreement.
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