License agreement about using
software by ZmeY soft (trade name: newObjects)
As for 2001 year ZmeY soft products are published under the trade name
newObjects. In order to avoid confusions with the public information and WEB
sites the name newObjects will be used to name in this agreement as an alias for
This License Agreement between a user (USER) and newObjects
regularizes the rights of the USER about operating and managing the newObjects
Active Local Pages software product (called SOFTWARE PRODUCT below) of
newObjects, to which the current agreement is applied. The SOFTWARE PRODUCT
includes computer software and may include also printed materials, information
carrier (MEDIA), documentation (in terms of computer files), as well as on-line
support and access to references. By installing the SOFTWARE PRODUCT or using it
by any means, the USER accepts the clauses of the current agreement. If the USER
does not agree with the following terms, he must give back the SOFTWARE PRODUCT
to his dealer for refund (or delete it - if the PRODUCT was obtained in a
The following terms shall have the meanings set forth herein. Unless
otherwise defined, other terms used in this agreement shall be accorded their
Machine. A personal computer with operating system supported by the SOFTWARE
Redistributables. Set of files or package, which contains the vital part of
the SOFTWARE PRODUCT, required by the other software products based on the
SOFTWARE PRODUCT. End User License Agreement
The SOFTWARE PRODUCT is protected by the local and international copyright
laws, as well as any laws and contracts concerning the intellectual property.
The SOFTWARE PRODUCT is licensed for usage. The SOFTWARE PRODUCT is not for
Usage rights, granted by the License:
The SOFTWARE PRODUCT is licensed for every single machine that it is
installed on. The license could be separate (for a single machine) or usage pack
for a few machines, as marked on the cover of the SOFTWARE PRODUCT, or the
purchase order. Usage pack (or also often called license pack) is equal to the
number of single machine licenses specified in it. The following terms apply to
every single machine license obtained as a separate license or as a part of a
The USER may install and use one or more copies of the SOFTWARE PRODUCT (or a
previous versions of the SOFTWARE PRODUCT) on just one machine.
The USER may install a copy of the SOFTWARE PRODUCT on any kind of MEDIA or a
network server, in order to use it for installation or ordinary work on the
personal workstation through the local area network. The usage License may not
be shared amongst the personal workstations, on which the SOFTWARE PRODUCT is
used. The USER must obtain a legal usage license for the SOFTWARE PRODUCT for
each single machine it is used on, no matter if a copy of the PRODUCT is
installed on each personal workstation or a network accessible device.
If the SOFTWARE PRODUCT pack includes more than one usage license, the USER
is allowed to make as many copies of the SOFTWARE PRODUCT or its parts, as many
licenses he owns.
The USER is permitted to build or use any software products based on the
SOFTWARE PRODUCT on all the machines which have a license for the SOFTWARE
The USER is not permitted to redistribute the SOFTWARE PRODUCT and it
components in any form. Redistribution permission may be obtained with
additional license described below.
The user may obtain from newObjects or its authorized resellers a DEVELOPER
license which permits redistribution of the SOFTWARE PRODUCT and its components
as and only as integral part of the software products developed or otherwise
sold or distributed by the USER.
The DEVELOPER license permits the USER to build and sale/distribute own
software products based on the SOFTWARE PRODUCT and redistribute them in any
applicable form. The USER may sell software products based on the SOFTWARE
PRODUCT including the SOFTWARE PRODUCT as an integrated part of its product (as
redistributable files or additional package).
The DEVELOPER license does not permit the USER to sell or otherwise
distribute the SOFTWARE PRODUCT as a stand-alone product or as a part of a
product that does not depend on the features provided by the SOFTWARE PRODUCT.
The clients obtaining a software product from the USER who has a DEVELOPER
license are permitted to use its product together with the Active Local Pages
SOFTWARE PRODUCT, assuming the redistributables of the SOFTWARE PRODUCT are
integral part of the USER's product. The USER has right to freely define the
legal conditions for its product, but this cannot include any right or
obligation concerning the SOFTWARE PRODUCT except the right to use it as an
integral part of the product supplied. If the client of the USER's product needs
to run or build another applications based on the SOFTWARE PRODUCT a license is
The USER may have a license(s) for previous versions of the software product.
The USER is allowed to upgrade the license(s) for the new version(s) of the
SOFTWARE PRODUCT and special discounts (or free upgrade) may apply. If the
license form owned by the USER is no longer supported by the new version of the
SOFTWARE PRODUCT newObjects replaces the upgraded license by its new version or
number of licenses that will give the USER the same effective rights.
Example: Version 1.0 of Active Local Pages supported the so called
"personal" license. It allowed usage on up to 10 machines. This
license is replaced by 10 individual machine licenses. Other rights and duties:
If the SOFTWARE PRODUCT is marked as a Not For Resale (NFR) copy The USER of
the particular copy may not sell or transfer the usage license of the SOFTWARE
PRODUCT for any kind of payment. An NFR copy of the SOFTWARE PRODUCT may only be
used for purposes of demonstration the PRODUCT's features. The USER of a NFR
version of the SOFTWARE PRODUCT may not make or distribute additional copies.
If the SOFTWARE PRODUCT is marked as a demonstration version for the final
user (COMMERCIAL DEMO also named in the documentation as SHAREWARE VERSION) the
USER may use it for personal purposes and testing only for up to 90 days. After
this period (often called trial period) the USER must obtain a license for the
SOFTWARE PRODUCT. Without a license the USER is permitted to build and
distribute software that uses the SOFTWARE PRODUCT as long as the distributed
software is distributed freely - not sold. The USER may not include SOFTWARE
PRODUCT in its freeware software but is allowed to include links to the public
archives containing the DEMO/SHAREWARE version of the SOFTWARE PRODUCT.
The USER may not decompile, disassemble, etc. the SOFTWARE PRODUCT without
strict permission from newObjects.
The SOFTWARE PRODUCT is licensed as a whole pack. None of its components may
be used separately or together outside the bounds defined herein. This excludes
the developer examples included with the SOFTWARE PRODUCT.
The SOTWARE PRODUCT itself may not be lent or paid by leasing, except by the
authorized by newObjects persons or organizations unless it is not an integral
part of another product as described above for the DEVELOPER license.
The SOFTWARE PRODUCT may have some kind of support by newObjects (by the
terms of the particular agreement). Any documentation or software source given
by means of support for the SOFTWARE PRODUCT are treated as parts of it, and the
upper rules are also valid for them. newObjects keep the right of utilizing the
USERs' notes and experience.
The USER may transfer his usage license for the SOFTWARE PRODUCT to another
person or organization, only in case, that he gives to the new user all the
components of the PRODUCT, as well as all the additional materials: information
carriers, this license agreement, printed materials, documentation in electronic
form (computer files, etc.), service packs given as support for the PRODUCT,
etc. The USER must therefore delete all copies of the SOFTWARE PRODUCT. The both
old USER and new one must contact newObjects and new identification key must be
generated for the new USER.
The DEVELOPER license may not be transferred to another person or
All rights of images, audio and video materials, texts, photographs and other
materials applied to the SOFTWARE PRODUCT are exclusive property of newObjects
or the relevant owner or the rights. The usage is also treated by the rules of
the current agreement, if there are no special terms (as exceptions may be
treated for example clip art images, banners, examples etc.).
If the SOFTWARE PRODUCT is given to the USER on more information carriers,
than the number of licenses he posesses, the USER may not install, copy or use
more copies of the PRODUCT than he ownes. For example the SOFTWARE PRODUCT may
be distributed on both CD of floppy disk.
newObjects grants guarantee for the SOFTWARE PRODUCT. The guarantee duties of
newObjects include optional replacement or refreshing the SOFTWARE PRODUCT in
case, it does not match with the description included. Every USER may report for
problems and bugs. newObjects is responsible to provide fix or refresh the
SOFTWARE PRODUCT. Updated/fixed SOFTWARE PRODUCT becomes available for all the
licensed USERs and they are allowed to obtain the corrected versions or updates
at least through a network download/e-mail delivery.
The guarantee does not include by any means complains for functions or
resources of the SOFTWARE PRODUCT, that are not realized in the current version.
Guarantee and responsibility are not limited in time and apply for the latest
official version of the SOFTWARE PRODUCT. Version identification consist of 4
numbers in form X.Y.Z.B. Current official version is determined by the first two
numbers, The resting two numbers (Z and B) are reserved for identification of
the subversions and fixes provided by newObjects. Version is
"previous" if the first two version numbers point an older release
than the latest/current version of the SOFTWARE PRODUCT.
Beta versions. The new versions of the SOFTWARE PRODUCT may be published
before their official release. Such versions are called "Beta"
versions. The Beta versions does not replace the latest official release. The
USER may obtain a license for a Beta version in which case this agreement
applies to it and then to its official release. However the guarantees and
support for the Beta versions are limited to the features available also in the
latest official release and these duties of newObjects automatically take effect
over the new version with its official release.
If the resources or functions or the PRODUCT are augmented due to the support
of newObjects the guarantee is also valid for them.
The support provided by newObjects for the SOFTWARE PRODUCT does not include
additional services such as source code reviewing, phone questions,
administration guide and so on. The USER may contract additional agreement with
newObjects or its authorized resellers and partners for advanced support.
Information on the standard conditions is published on the newObjects WEB site
and sites of its partners and resellers.
If the SOFTWARE PRODUCT is given on a damaged MEDIA, the carrier is replaced
or the USER is granted another way for obtaining the SOFTWARE PRODUCT.
newObjects does not accept complains for damaged by inattention, wrong usage or
mechanically damaged by the USER carriers. In such cases newObjects gives a copy
on a carrier paid by the USER or delivers a copy in another way, suitable for
If the product is obtained from an authorized reseller/partner of newObjects,
the reseller/partner provides the support to the USER. Reseller/partner is
responsible to contact newObjects when required. If the reseller/partner cancels
its agreement with newObjects or otherwise becomes unable to provide support for
the SOFTWARE PRODUCT, the USER is redirected to another reseller/partner or
receives the support directly from newObjects.
This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted
from accident, abuse, or misapplication. newObjects is not responsible for any
damages or losses, caused by illegal or incompetent use of the SOFTWARE PRODUCT.
This includes use upon an operation system, not mentioned as compatible, or an
application for which the SOFTWARE PRODUCT was not suited by all means, as well
as any kind of use, not described in the documentation, applied to the SOFTWARE
Special note: The SOFTWARE PRODUCT implements an opened execution
environment. This allows the software products that use its features to consume
services provided by other products and components. newObjects does not provide
support for any external/3-D party products used in the USER's applications.
However newObjects may provide samples and utilities that may help or otherwise
improve or simplify the usage of certain external components or products. The
support terms of this agreement apply to these tools or utilities. Notes
All the license agreements printed/published with the company name - ZmeY
soft are valid.