(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 Licensee's premises).
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 https://www.nuget.org/packages?q=reflectsoftware .
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 clientservices@reflectsoftware.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 international laws.
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.