License Agreement

Vast Domains End-User License Agreement

By purchasing, installing, or otherwise using the product identified above and/or its related materials, you agree to be bound by the terms and conditions of this License Agreement. Check the box "I have read and agree to the License Agreement" if you agree.

IMPORTANT – READ CAREFULLY: This license agreement (“LICENSE”) is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Vast Domains Incorporated, ("Vast Domains"), for the software containing this LICENSE which may also include the software’s source code written in a high-level computer language, associated media, printed materials, and "online" or electronic documentation (collectively referred to as “SOFTWARE”).

Any earlier license we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. Vast Domains retains all rights not expressly granted to you in this LICENSE.

I. GRANT OF LICENSE

Vast Domains hereby grants to you, and you accept, a non-exclusive, non-transferable license to install, copy, use and modify the SOFTWARE only as authorized below.

1. DEVELOPER LICENSE

The SOFTWARE is licensed per Developer seat. This means that each individual using or otherwise accessing the SOFTWARE for development purposes must obtain the right to do so by purchasing an individual product license.

You may make copies on more than one computer, as long as the use of the SOFTWARE is by the same licensed developer. The SOFTWARE is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device) of that computer for development purposes. If you install the SOFTWARE on a network server for the sole purpose of internal distribution among licensed developers this is not considered “use” of the SOFTWARE.

1-1. Redistribution rights

All product licenses are perpetual and royalty-free. You can ship the SOFTWARE as part of solutions for internal company use, hosted applications, commercial solutions deployed at end-users’ sites or shrink-wrapped software (PACKAGED PRODUCTS) in which the SOFTWARE is integrated.

You may distribute the SOFTWARE provided that:

You reasonably ensure that the SOFTWARE is not distributed in any form that allows it to be reused by any application other than your solution. Technical guidelines will be provided upon request, please contact support@vastdomainsInc.com for more details.
You need to duly inform your customers that they are not allowed to use the SOFTWARE independently from your solution. For use of the SOFTWARE in design-time (i.e. within a development environment such as Microsoft Visual Studio) your customers need to purchase the appropriate number of Developer Licenses from Vast Domains.
You need to include a valid copyright message in your solution in a location viewable by the end-users (e.g. "About" box).

1-2. Support

As part of your license you are entitled to telephone support for thirty (30) days from the purchase date.

1-3. Upgrades

You are entitled to receive all version updates, hot fixes and patches for the SOFTWARE for a period of 1 (one) year from the purchas.

II. OTHER RIGHTS AND LIMITATIONS

At no time may the SOFTWARE be used for development purposes by other individuals than the licensed developer(s).
The SOFTWARE may not be distributed for use with solutions or PACKAGED PRODUCTS other than those developed by you.
The SOFTWARE may not be distributed part of products that have the same or substantially the same primary functionality. (Example for RadControls for ASP.NET: you may purchase Vast Domains RadEditor for ASP.NET and create a blog application/component. However, you cannot wrap RadMenu and offer it as a SharePoint WebPart or DNN menu skin object, since its primary functionality would be substantially the same as the SOFTWARE.
You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights. Under no circumstances shall you grant further redistribution rights to the end-users of your solution.
You may not use the Vast Domains product names, logos or trademarks to market YOUR SOFTWARE.
You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only.
You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.
You agree to indemnify, hold harmless, and defend Vast Domains and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of YOUR SOFTWARE

III. DELIVERY

Vast Domains shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in electronic files only. Documentation shall also be provided in electronic format.

IV. TERMINATION

This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. Vast Domains may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE and any applicable source code.

Vast Domains reserves the right to discontinue at any time any product. Vast Domains is obligated to provide the proper level of support for all discontinued products for a period of 1 (one) year after the date of discontinuance.

V. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of Vast Domains are owned by Vast Domains. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content.

VI. LIMITED WARRANTY

Vast Domains warrants solely that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days. Vast Domains does not warrant the use of the SOFTWARE will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) LICENSEE's failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the SOFTWARE by any person or entity other than Vast Domains. In the event of a breach of warranty, LICENSEE 's sole and exclusive remedy, is repair of all or any portion of the SOFTWARE. If such remedy fails of its essential purpose, LICENSEE 's sole remedy and Vast Domains's maximum liability shall be a refund of the paid purchase price for the defective SOFTWARE only. This limited warranty is only valid if Vast Domains receives written notice of breach of warranty within thirty days after the warranty period expires.

VII. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Vast Domains BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, Vast Domains'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO Vast Domains FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. Vast Domains IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM Vast Domains IS FOR TESTING USE ONLY AND Vast Domains HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF Vast Domains'S LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.

VIII. MISCELLANEOUS

This License will be governed by the law of the State of Massachusetts, U.S.A. If any provision of this LICENSE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this LICENSE shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision. This License represents the entire understanding between the parties with respect to its subject matter.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN Vast Domains AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.