(Last updated March 1st, 2015)
PLEASE READ THIS CONTRACT CAREFULLY. BY USING ALL OR ANY PORTION OF THE SOFTWARE YOU ACCEPT
ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE
LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE, DO NOT INSTALL OR
OTHERWISE USE THIS SOFTWARE. IF YOU ACQUIRED THE SOFTWARE WITHOUT AN OPPORTUNITY TO REVIEW
THIS LICENSE AND YOU DO NOT ACCEPT THIS AGREEMENT, YOU MUST IMMEDIATELY CEASE AND DESIST
USING THE SOFTWARE AND MAY RETURN IT, WITH PROOF OF PAYMENT, TO THE LOCATION FROM WHICH IT
WAS OBTAINED FOR A FULL REFUND OF THE AMOUNT YOU ORIGINALLY PAID.
This License Agreement (“Agreement”) is a legal agreement between ReflectSoftware Inc.
(“ReflectSoftware”), and you, the user (“Licensee”), is effective the date Licensee installs,
downloads, copies or otherwise Uses, in whole or in part, a ReflectSoftware product
(“ReflectInsight”), and is limited to the specific version installed, downloaded, copied
or otherwise Used by Licensee. Herein, “Use”, “Uses” or “Used” means to access any of the
files that are included with the Software, to develop an application that makes use of the
Software, to consult any of the documentation included with the Software, or to otherwise
benefit from using the Software.
The Software is licensed, not sold. If Licensee has legitimately obtained a registered license
for the Software from ReflectSoftware or an authorized reseller, Licensee is considered to be
an authorized (“Authorized”) licensee.
ReflectSoftware grants Licensee royalty-free, non-exclusive license to install the Software on
a limited number of computers at Licensee’s premises and on portable computers operated solely
by Licensee as set out by the number of licenses purchased. If Licensee is authorized, the granted
installation license is perpetual.
ReflectSoftware grants Licensee a perpetual, royalty-free, non-exclusive license to Use the Software
for the sole purpose of developing any number of end user applications that operate in conjunction
with the Software. Only a Licensee that is Authorized may Use the Software for a period longer than 60
days after the date the Software was first installed on any computer at Licensee’s premises.
The license rights granted under this Agreement do not apply to development or distribution of:
(1) software development products or toolkits of any kind, including
but not limited to any class libraries, components, controls, web API's, compilers,
plug-ins, adapters, DLLs, APIs or SDKs destined to be used by software developers other than licensees
that are Authorized; and (2) software to be licensed or distributed under an open source model, including,
without limitation, models similar to GNU's General Public License (GPL), Lesser GPL, the Artistic
License (e.g., PERL), the Mozilla Public License, the Netscape Public License, the Sun Community or
Industry Source License or the Apache Software license.
If Licensee is Authorized and has purchased a “team”, “multi-developer” or “multi-pack” license, the
Software may be Used on more than one computer at Licensee’s premises by the number of software developers
associated with the team, multi-developer or multi-pack license (e.g. a “Team4”, “4-developer”, or
“4-pack” license allows up to four software developers to Use the Software on up to four computers at
The Software includes certain runtime libraries and binary files intended for duplication and distribution
by a Licensee that is authorized. These runtime libraries and binary files are specifically identified in
the “Redistributable Files” section of the documentation included with the Software (herein, “Redistributable Files”)
and on our online help.
Redistributable files include the ReflectInsight logging libraries, extensions and listeners found on
Redistributable installation packages include the "ReflectInsight Log Viewer", "ReflectInsight Router Service"
and "ReflectInsight Utilities". NOTE that the "ReflectInsight Log Viewer" redistributable is limited by the number
of installs associated with the "ReflectInsight Log Viewer" license that is issued. If additional installations of
"ReflectInsight Log Viewer" are required than what was allocated with the "ReflectInsight Log Viewer" license, than
please contact Client Services at email@example.com
and request your "ReflectInsight Log Viewer" license limit be adjusted with an appropriate limit.
If Licensee is Authorized, ReflectSoftware grants Licensee a perpetual, royalty-free, non-exclusive license
to duplicate the Redistributable Files and to distribute them solely in conjunction with software products
developed by Licensee that use them.
In addition to the licenses granted above, ReflectSoftware grants Licensee the non-exclusive license to Use,
copy and modify the source code version of those portions of the Software identified as "Samples" or "Sample Code"
or "Sample applications" ("Sample Code") for the sole purposes of designing, developing, and testing Licensee’s
software product(s). If Licensee is Authorized, Licensee may distribute any software products developed by
Licensee that contain the Sample Code or modifications thereof.
The foregoing license is subject to the following conditions: (i) Licensee shall not use ReflectSoftware’s name,
logo, or trademarks to market their software product(s); (ii) Licensee shall include a valid copyright notice on
all copies of the Sample Code and any derivative works thereof; (iii) Licensee shall agree to indemnify and hold
harmless ReflectSoftware from and against any claims or lawsuits, including attorneys’ fees, that arise from or
result from the use, copying, modification or distribution of the Sample Code and/or derivative works thereof,
and (iv) otherwise comply with the terms of this agreement. Licensee shall not permit further distribution of
the Sample Code and/or derivative works by third parties.
Certain portions of The Software may be identified as "Customization Code" and provided in source code form
("Customization Code"). Licensees that are not authorized may not modify or redistribute Customization Code.
Licensees that are Authorized must treat Customization Code as "Source Code" as described in section 4
("GRANT OF SOURCE CODE USE LICENSE") and the Customization Code is subject to the same terms and conditions
listed therein, with the exception that non-exclusive license in paragraph 2 of that section is granted to
Licensee that is Authorized even if Licensee has not purchased the Blueprint Edition of the Software.
Licensee may make one copy of the Software solely for "back-up" purposes, as prescribed by Canadian, United States,
and international copyright laws. Licensee must reproduce and include the copyright notice on the back-up copy.
Licensee may transfer the Software to another party only if the other party agrees to the terms and conditions
of the Agreement, and completes and returns registration information (name, address, etc.) to ReflectSoftware
within 30 days of the transfer. Upon transferring the Software to another party, Licensee must terminate this
Agreement by following the instructions in the "AGREEMENT TERMS" section below.
Licensee acknowledges that the Software, in source code form, remains a confidential trade secret of ReflectSoftware
and/or its suppliers and therefore Licensee agrees that it shall not modify, decompile, disassemble or reverse
engineer the Software or attempt to do so, except as otherwise permitted in this agreement. Licensee agrees to
refrain from disclosing the Software (and to take reasonable measures with its employees to ensure they do not
disclose the Software) to any person, firm or entity except as expressly permitted herein.
Licensee may not Use, copy, modify, translate, or transfer the Software, documentation, license key, or any of
the files included with the Software except as expressly defined in this agreement. Licensee may not attempt to
unlock or bypass any “copy-protection”, licensing or authentication algorithm utilized by the Software. Licensee
may not remove or modify any copyright notice, nor any "About" dialog or the method by which it may be invoked.
Licensee may not rent or lease the Software. Violations will be prosecuted to the maximum extent possible under the law.
The Software is provided as is, without any representation or warranty of any kind, either express or implied,
including without limitation any representations or endorsements regarding the use of, the results of, or performance
of the product, its appropriateness, accuracy, reliability, or correctness. The entire risk as to the use of
this product is assumed by Licensee. ReflectSoftware does not assume liability for the use of the Software beyond
its original purchase price. In no event will ReflectSoftware be liable for additional direct or indirect damages
including any lost profits, lost savings, or other special, incidental or consequential damages arising from any
defects, or the use or inability to use the Software, even if ReflectSoftware has been advised of the possibility
of such damages.
Licensee acknowledges and agrees that the Software may be subject to export restrictions and controls. Licensee
agrees and certifies that neither the Software nor any direct product thereof (e.g. any application software product
developed by Licensee that uses the Software) is being or will be acquired, shipped, transferred, exported or
re-exported, directly or indirectly, into any country prohibited by export restrictions and controls. Licensee
bears all responsibility for export law compliance and will indemnify ReflectSoftware against all claims based
on Licensee’s exporting the Software.
This Agreement is effective until terminated. Licensee may terminate it by destroying the Software, all the
Redistributable Files Licensee may have distributed, the documentation and copies thereof. This Agreement will
also terminate if Licensee fails to comply with any terms or conditions of this Agreement. Licensee agrees upon
such termination to destroy all copies of the Software or return them to ReflectSoftware for disposal.
Customer grants ReflectSoftware the right to include the Customer's organization name and logo as a customer on
ReflectSoftware’s website and other promotional and advertising materials. Within thirty business days after
written request, ReflectSoftware will remove the Customer's organization name and logo from ReflectSoftware’s
website and will cease to include the Customer's organization name and logo in ReflectSoftware’s other promotional
and advertising materials.
If Licensee is executing this Agreement on behalf of an entity, then Licensee represents he or she has the
authority to execute this agreement on behalf of such entity.
The Software is Copyright ©2014 ReflectSoftware Inc., all rights reserved. The Software is protected by
Canadian and United States copyright laws, international treaties and all other applicable national or
Except for the limited licenses granted herein, ReflectSoftware retains exclusive ownership of all proprietary
rights (including all ownership rights, title, and interest) in and to the Software. Licensee agrees not to
represent that ReflectSoftware is affiliated with or approves of Licensee’s software product(s) in any way.
This Agreement shall be interpreted, construed, and enforced according to the laws of the Province of Ontario,
Canada. In the event of any action under this Agreement, the parties agree that federal and provincial courts
located in Ontario will have exclusive jurisdiction and that a suit may only be brought in Ontario and Licensee
submits itself for the jurisdiction and venue of the provincial and federal courts located in Ontario.
This Agreement constitutes the entire agreement and understanding of the parties and may be modified only in
writing signed by both parties. No officer, salesman or agent has any authority to obligate ReflectSoftware by
any terms, stipulations or conditions not expressed in the Agreement.
If any portion of this Agreement is determined to be legally invalid or unenforceable, such portion will be
severed from this Agreement and the remainder of the Agreement will continue to be fully enforceable and valid.