This license agreement is legally binding contract between Dennis Gronewold, Lortzingstr.14 , 45128 Essen, herein after referred to as licensor, and you, herein after referred to as licensee or customer.
1 Subject of License and definitions
1.1 The license applies to the product SphinxConnector.NET, which will be referred to as the “Product” or the “Software” within this license agreement.
1.2 A developer in the context of this license is a person who has access to the files which constitute the product, and uses them in his development process.
You may use the Product without purchasing a license key for evaluation purposes only, and for a period of at most 30 days. After this evaluation period has expired you must purchase a license, or uninstall/remove the Product from your computer. The prices for the licenses can be found in the price list.
3 Grant of License
3.1 The product is licensed not sold.
3.2 If licensee has purchased a license key, licensor grants licensee a non-exclusive, perpetual license to:
a. develop applications based on the Product with the restrictions outlined in (6).
b. use the product for as many developers as indicated by the purchased license type:
c. redistribute parts of the Product under the conditions outlined in (5).
d. create an adequate amount of backup copies of the Product
4 Upgrade Subscription
All license types include a 1-year upgrade subscription which provides Licensee with access to all releases of the Product (major and minor versions) made during the subscription period. At the end of the subscription period, Licensee can renew his subscription within one year after its expiration. The prices for the upgrade subscription renewal can be found in the price list.
You are allowed to redistribute the Product library "SphinxConnector.dll" with your application(s). No other files may be redistributed. This does not apply to third-party libraries used by the Product. Redistribution of third-party libraries is governed by the licenses applicable to these libraries.
6.1 The Product must not be used within a production environment or for deploying applications based on the Product without purchasing a license key.
6.2 You may not create applications based on the Product if this application/these applications is/are a framework, library or component, except if the application(s) is/are created for personal use/usage within your company only.
6.3 Application(s) based on the Product must add "substantial functionality" to the Product.
6.4 If the Product is used in an application(s) which is/are available on a hosting basis (Software as a service or similar), the application(s) may not be similar in function to the Product.
7 Licensee may purchase premium support services along with a license for the Product. The duration for premium support services is one year. The prices for premium support can be found in the price list. Premium support provides Licensee with:
- Access to pre-release versions of the Product
- A guaranteed initial response time of 24 hours during business days (Monday-Friday) for an agreed number of support requests during the premium support period. The number of requests is dependent on the type of package purchased. The number of requests is dependent on the type of package purchased and can be found in the price list.
Premium support only covers support requests that are directly related to the Product. Licensor will make reasonable effort to resolve these issues, however does not guarantee successful resolution of all support incidents. In case of abuse, Licensor is not obliged to provide any support services. Licensor reserves the right to terminate premium support services with a pro-rated refund.
Licensor will not be liable to licensee for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the software (even if licensor or an authorized dealer or distributor has been advised of the possibility of these damages), or for any claim by any other party, except in cases of intent or gross negligence. Licensor shall not be liable for slight negligence. If you acquired the Product in Germany or Austria or in such other countries where local laws would apply, the licensor may also be liable in case of death or personal or physical injury according to statutory law where licensor is adjudged to be responsible for such death or personal or physical injury. However, if you acquired the Product in Germany or Austria or in such other countries where local laws would apply, licensor may also be liable for slight negligence if licensor is adjudged to be in breach of such contractual obligation hereunder, the fulfillment of which is required for the due performance under this Agreement, the breach of which would endanger the purpose of this Agreement and the compliance with which you may constantly trust in. In such cases, licensors liability is limited to typical and foreseeable damages. The liability is also limited to an amount of 200,00 EUR. In other cases licensor shall not be liable for slight negligence.
In case any provision of this license agreement is invalid, the remaining provisions shall remain in effect.