ALP License agreement

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 ZmeY soft.

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 different way).

Terms

The following terms shall have the meanings set forth herein. Unless otherwise defined, other terms used in this agreement shall be accorded their common meanings.

Machine. A personal computer with operating system supported by the SOFTWARE PRODUCT.

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 sale.

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 license pack.

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 PRODUCT. Redistribution

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 required. Upgrade

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 organization.

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.

Limited warranty

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 the USER.

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 PRODUCT.

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.