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.
2 Evaluation
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:
* Single: one developer
* Small Team: up to four developers at a single company address
* Large Team: up to eight developers at a single company address
* Site: an unlimited amount of developers at a single company
address
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.
5 Redistribution
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 Restrictions
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 Premium Support
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 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.
8 Liability
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.
9 Miscellaneous
In case any provision of this license agreement is invalid, the remaining provisions
shall remain in effect.