JExcel Product License Agreement
- Definitions
- Ownership and License
- Evaluation License Grant
- Development and Runtime License Grant
- License Restrictions
- Marketing
- Support Services
- Patent and Copyright Indemnity
- Disclaimer of Warranty
- Open-Source Components
- Limitation of Liability
- Trademarks
- Termination
Version 4.4
This is a legal agreement (“Agreement”) between you (either an individual or an entity), 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.
1. Definitions
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 are required for distribution of the
programs that you create using the Software. Runtime files are identified in the documentation accompanying the
Software 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 Evaluation License acquisition, and terminate pursuant to
the provisions defined by the section 3 “Evaluation License Grant” of this Agreement.
d) “Development License Key” means a file that allows you to integrate the Software into programs that
you create.
e) “Runtime License Key” means a file that is required for distribution of your works that enclose the
Software.
f) “Effective Date of the Agreement” means the date when you receive Evaluation License Key or
Development License Key, whatever comes first.
g) “Minor Version(s)” means version of the Software, identified by a change in the second and/or any of
the following levels of the versioning number sequence, ex.: 1.0.5, 1.2.1, 1.2.2, etc.
h) “Open-Source Component(s)” for the purposes of this Agreement shall mean any software, whose source
code is publicly available for use, modification and distribution.
2. Ownership and License
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.
The rights to the Open-Source Components used by the Software are property of their respective copyright owners.
3. Evaluation License Grant
Subject to the terms and conditions of this Agreement, TeamDev hereby grants you a non-exclusive, non-transferable
right to use one copy of the specified version of the Software and the Documentation for the sole purpose of
evaluation during the period of 30 (thirty) calendar days (Evaluation Period), and create a copy of the Software for
backup purposes.
4. Development and Runtime License Grant
4.1. 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 license to (i) use the
version of the Software and Documentation recorded in the Development and Runtime License Keys, including
the Minor Version updates (ii) to reproduce and distribute the Runtime files in executable form and with
Runtime License Key as part of the programs that you create using the Software without additional
distribution fees (“Development License”).
Development License is provided to you pursuant to the use conditions of one or several of the
license types described in sections 4.2.–4.5. below. The type of the Development License governing
your use of the Software is recorded in the Development License Key, provided to you upon the
license purchase.
4.2. Per Developer License may be used by the developers, employees or contractors under your
control. The number of software developers, employees or contractors using the Software in each case
should be equal to the number of Development Licenses acquired from TeamDev. Your name or the
entity’s name and the number of Development Licenses acquired are recorded in the Development and
Runtime License Keys.
4.3. Project License may be used in one project you do by any number of developers,
employees or contractors under your control. Project shall mean one software product created by you, any
future versions or derivative works based on your software product.
4.4. Company–wide License may be used in any number of your projects by any number
of developers, employees or contractors under your control.
4.5. Personal License allows just one person to exercise the Development License rights. The name of the
person, to whom the license is granted, is recorded in the Development and Runtime License Keys.
Personal license may not be available for the specific Software you are using. For the Personal License
availability please consult the “Licensing and Pricing” section of the corresponding Software
product page on TeamDev official website (teamdev.com).
5. License Restrictions
5.1. General License Restrictions. You may NOT: a) modify, adapt, alter, translate, decompile, reverse engineer,
or disassemble the Software; except as may be required to replace a third party Open-Source Component that is
used in the Software; b) remove any proprietary notices or labels on the Software; c) make more
copies of the Software than the number of the acquired 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 Development License
Key for redistributing Runtime files as part of your applications; b) use Runtime License Key for
development purposes.
5.4. As a holder of a Per Developer License you may not duplicate and provide the Development
License Keys to a number of software developers, employees or contractors greater than the
number of Development Licenses granted per section 4 of this Agreement.
5.5. As a holder of a Project License bundle, you may not use the license for more than one
project. At the time of license issue it is bound to one project, and you may not use the
license for projects, to which the license was not initially bound.
5.6. As a holder of a Personal License you may not transfer the Development License to anyone.
6. Marketing
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.
You and TeamDev may use the information about the business relationship pursuant to this Agreement for
independent or joint marketing efforts. Examples of allowable marketing uses include creation and use
of case studies, press releases, printed and online marketing materials, presentations, and business references.
7. Support Services
7.1. TeamDev Standard Technical Support (“Standard Support”) includes:
- i. answering questions related to the functionality of the Software;
- ii. ability to use designated support email address;
- iii. 1 business day response time.
7.2. TeamDev agrees to provide you with a free Standard Support during the valid Evaluation period, as defined
by the section 3 “Evaluation License Grant.”
7.3. TeamDev agrees to provide you with free Standard Support in an amount of hours defined per
the section 7.4 of this Agreement, valid for one year since the date of the license purchase.
7.4. The number of Standard Support hours is defined by the type of Development License, described in section
4 of this Agreement, on per-product basis. This information is available on Software
product pages on TeamDev official website (teamdev.com). The number of hours designated
for each product is a subject to change without prior notice from TeamDev. In case of such
change any number of hours already granted to you pursuant to a license purchase will remain
valid for you.
7.5. Upon expiration of one year’s period after a license purchase or consumption of the
allocated hours of Standard Support per section 7.4., you may choose to purchase additional Standard
Support service.
7.6. In the course of Standard Support TeamDev may provide you with supplemental software code or related
materials, that are made available in form of Software updates (including hotfixes). Such supplemental
software code or related materials are to be considered part of the Software and are subject to the
terms and conditions of this Agreement.
7.7. With respect to any technical information that you provide to TeamDev in order to enable TeamDev
complete your requests for Standard Support, 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 you.
8. Patent and Copyright Indemnity
8.1. TeamDev will defend and indemnify you 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) you will 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) you will 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’s direction, if such
infringement would have been avoided by the use of a current, unaltered release of the Software that TeamDev
provides to you, or (iii) the combination, operation, or use of 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 any
third-party rights, or your 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 you a license to continue using the Software; (iii) substitute the Software with other
Software reasonably suitable to you, 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 one and a half-year term from the Effective Date of the Agreement.
9. Disclaimer of Warranty
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.
10. Open-Source Components
10.1. TeamDev notifies that Software may contain third party Open-Source Components. More information is available on
a corresponding product page on TeamDev official website (teamdev.com).
10.2. TeamDev and the Software are in full compliance with any Open-Source Components’ licenses to grant the licenсe
rights granted herein.
10.3. The terms and conditions governing the use of such Open-Source Components are in the Open-Source Software
Licenses of the copyright owners and not this Agreement.
10.4. In case you modify the Software as allowed pursuant to the clause 5.1 a) TeamDev disclaims
any warranty related to the Open-Source components, including warranties contained in 10.2. You shall be liable
for any claims of third-party rights infringement caused by modification of the Software made by you
in accordance with clause 5.1 a).
11. Limitation of Liability
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.
12. Trademarks
This Agreement does not grant any rights to use the trademarks or trade names: “TeamDev”, “JxBrowser”,
“JExplorer”, “JNIWrapper”, “ComfyJ”, “JExcel”, “JxFileWatcher”,
“JxCapture”, “DotNetBrowser”, “JxMaps”, or any other trademarks, service marks,
logos or trade names belonging to TeamDev except as defined in the Section 6 “Marketing”. You agree not
to use any marks belonging to TeamDev in or as part of the name of products based on the Software.
13. Termination
You 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 you fail to comply with any provision of this
Agreement. Upon such termination, you must destroy all copies of the Software. Section 9 “Disclaimer of
Warranty” and section 11 “Limitation of Liability” shall remain effective after the termination of
this Agreement.