Please review the following license agreement before installing or using the licensed software product and/or its related materials.
Definitions: This End-User Software License Agreement ("EULA") is a legal agreement between you (either as an individual user, corporation or single entity) and Imbibe Technologies Private Limited (hereafter referred to as "Imbibe"), for a product which includes computer software, and may include associated media, printed materials, and online or electronic documentation ("SOFTWARE PRODUCT" or "SOFTWARE"). Please do not install or use the SOFTWARE PRODUCT if you do NOT agree to the terms of this EULA. By exercising your rights to install and/or use the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA, including the limitations and warranty disclaimers.
SOFTWARE PRODUCT LICENSE AGREEMENT
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
1. GRANT OF NON-EXCLUSIVE LICENSE.
This is a license agreement, and NOT an agreement for sale. Imbibe is and remains the owner of all titles, rights, and interests in the SOFTWARE PRODUCT. Imbibe retains ownership of the copy of the SOFTWARE PRODUCT in your possession, and all copies you may be licensed to use. Imbibe retains all rights not expressly granted to you in this LICENSE. Imbibe hereby grants to you and you accept a non-exclusive, non-transferable license to use, copy and modify the SOFTWARE PRODUCT only as authorized below.
Provided that you have accepted the terms contained herein, this EULA grants you the following rights:
A) Imbibe grants you a non-exclusive, non-transferable right to use this module on your DotNetNuke (DNN) installation according to the license edition purchased.
Portal Edition: One Production License is required to install and use the module on each Portal within the DotNetNuke (DNN) installation. A portal is defined as a unique website within DotNetNuke (DNN). A portal can be either a child and/or a parent portal.
Standard Edition: One Production License is required to install and use the module on each DotNetNuke (DNN) installation. A DotNetNuke (DNN) install is defined as a collection of DNN Portals that are running off same DNN database and/or file system.
Enterprise Edition: The Enterprise Edition is a license for as many DNN installations that you directly own and operate. This however, does not include a license to redistribute to clients. You may purchase Standard or Enterprise licenses on behalf of your clients so they have their own licenses.
Enterprise Edition w/Source: Same as Enterprise Edition but also includes C# Source Code.
Developer Edition: Allows unlimited DotNetNuke (DNN) installations and use of the module within your company site(s) and those of your customer(s) that are directly managed by your organization.
- By “directly managed by your organization” we imply that your organization designed or developed your customers’ site and/or is responsible for ongoing maintenance.You MAY NOT use the license for your customers if you're merely providing them with managed or un-managed hosting services.
- Under no circumstances you may advertise our products and/or services as an incentive to lure your potential customers into purchasing your products and/or services.
- Imbibe will only offer support to the original licensee and not to its customers.
Developer Edition w/Source: Same as Developer Edition but also includes Source Code.
Note: Regardless of the edition purchased, you may never redistribute our modules. Please contact us for an OEM license if you need to distribute our product(s) within your work.
B) If you purchased the SOURCE CODE, you are granted to view the source code of the SOFTWARE PRODUCT and modify it for use as described above. Under no circumstances may the source code or products developed by using the source code be re-distributed in any form. The changes made to the source code/recompiled version are still governed by the same Enterprise or Developer License under which you were granted access to the source code.
C) Regardless of the type of license purchased, if the SOFTWARE PRODUCT includes reusable software including but not limited to controls, components, plug-ins, stylesheets, etc. you may not use any of these independently of the SOFTWARE PRODUCT.
In no case shall you rent, lease, lend, redistribute nor re-license the SOFTWARE PRODUCT or source code to a 3rd party individual or entity, except as outlined above. In no case shall you grant further redistribution rights for the SOFTWARE PRODUCT to the end-users of your solution.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Termination: Without prejudice to any other rights, Imbibe may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must either return to Imbibe or destroy all copies of the SOFTWARE PRODUCT and all of its component parts, source code, associated documentation, and related materials.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Imbibe except for certain portions for which Imbibe has obtained redistribution rights from the title or copyright holder. The SOFTWARE PRODUCT is protected by the laws of Republic of India and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material.
4. LIMITED WARRANTY.
NO WARRANTIES. Imbibe expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. In no event shall Imbibe be liable for any claim, damages or other liability, whether in an action of contract, tort or otherwise, arising from, out of or in connection with the SOFTWARE PRODUCT or the use or other dealings in the SOFTWARE PRODUCT. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
-You acknowledge that the SOFTWARE PRODUCT may not be free from defects and may not satisfy all of your needs.
- No agent of Imbibe is authorized to make any other warranties or to modify this limited warranty.
- If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 30 days after delivery of the SOFTWARE PRODUCT to you.
5. LIMITATION OF LIABILITY.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. In no event shall Imbibe or its distributors be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other financial loss) arising out of the use of or inability to use the SOFTWARE PRODUCT and related materials, even if Imbibe has been advised of the possibility of such damages.
In case of a breach of the Limited Warranty, your exclusive remedy is as follows: You will return all copies of the SOFTWARE PRODUCT to Imbibe, at your cost, along with proof of purchase. At Imbibe’s option, Imbibe will either send you a replacement copy of the SOFTWARE PRODUCT at Imbibe’s expense, or issue a full refund to the tune of amount paid by you for purchasing the license.
If you have any questions regarding this End User License Agreement, please email:
- This License Agreement is the entire and exclusive agreement between Imbibe and you regarding the SOFTWARE PRODUCT. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Imbibe and you regarding the SOFTWARE PRODUCT.
- This License Agreement is valid without your signature. It becomes effective upon your installation and/or use of the SOFTWARE PRODUCT.
- This Agreement shall be construed and governed by the laws of the Republic of India, without regard to its principles of conflicts of law. Any claim brought hereunder shall be brought exclusively set in the courts sitting in the city of Karnal, Haryana (India).
- To the extent any clause, term or provision of this Agreement shall be judged to be invalid or unenforceable by a Court of Law, it shall be deemed replaced with valid and enforceable provisions and the balance of the agreement shall be unaffected, and would continue to be in effect with full force. No forbearance on the part of Imbibe shall be deemed a waiver of any right or remedy.