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EULA3rdParty

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0% found this document useful (0 votes)
16 views

EULA3rdParty

Uploaded by

Nhat Anh Nguyen
Copyright
© © All Rights Reserved
Available Formats
Download as DOC, PDF, TXT or read online on Scribd
You are on page 1/ 21

GMS Platform: 3rd Party EULAs

Note to Resellers: Please pass on this document to your customer to avoid license
infringements.

This product, solution or service ("Product") contains third-party software components


listed in this document.

Contents

GMS Platform: 3rd Party EULAs.....................................................................................................1


1. Microsoft .Net Framework - 4.6.2...........................................................................................1
2. Microsoft Visual Studio 2013 Redistributables.......................................................................3
3. Microsoft Visual C++ 2012 Redistributable............................................................................5
4. Microsoft Visual C++ 2008 SP1 Redistributable....................................................................7
5. Application Request Routing Version 3.0...............................................................................9
6. Microsoft SQL Server – 2014 SP2 Express.........................................................................10
7. Telerik RadControls for WPF - 2016....................................................................................13

1. Microsoft .Net Framework - 4.6.2

MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS


.NET FRAMEWORK AND ASSOCIATED LANGUAGE PACKS FOR
MICROSOFT WINDOWS OPERATING SYSTEM
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this
supplement to you. If you are licensed to use Microsoft Windows operating system
software (the “software”), you may use this supplement. You may not use it if you
do not have a license for the software. You may use this supplement with each
validly licensed copy of the software.
The following license terms describe additional use terms for this supplement.
These terms and the license terms for the software apply to your use of the
supplement. If there is a conflict, these supplemental license terms apply.

BY USING THIS SUPPLEMENT, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THEM, DO NOT USE THIS SUPPLEMENT.
If you comply with these license terms, you have the rights below.
1. DISTRIBUTABLE CODE. The supplement is comprised of Distributable Code.
“Distributable Code” is code that you are permitted to distribute in programs you
develop if you comply with the terms below.
a. Right to Use and Distribute.
 You may copy and distribute the object code form of the supplement.
 Third Party Distribution. You may permit distributors of your programs to
copy and distribute the Distributable Code as part of those programs.
b. Distribution Requirements. For any Distributable Code you
distribute, you must
 add significant primary functionality to it in your programs;
 for any Distributable Code having a filename extension of .lib, distribute
only the results of running such Distributable Code through a linker with
your program;
 distribute Distributable Code included in a setup program only as part of
that setup program without modification;
 require distributors and external end users to agree to terms that protect
it at least as much as this agreement;
 display your valid copyright notice on your programs; and
 indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys’ fees, related to the distribution or use of your programs.
c. Distribution Restrictions. You may not
 alter any copyright, trademark or patent notice in the Distributable Code;
 use Microsoft’s trademarks in your programs’ names or in a way that
suggests your programs come from or are endorsed by Microsoft;
 distribute Distributable Code to run on a platform other than the Windows
platform;
 include Distributable Code in malicious, deceptive or unlawful programs;
or
 modify or distribute the source code of any Distributable Code so that any
part of it becomes subject to an Excluded License. An Excluded License is
one that requires, as a condition of use, modification or distribution, that
 the code be disclosed or distributed in source code form; or
 others have the right to modify it.
2. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services
for this software as described at
www.support.microsoft.com/common/international.aspx.
2. Microsoft Visual Studio 2013 Redistributables

MICROSOFT SOFTWARE LICENSE TERMS


MICROSOFT VISUAL C++ REDISTRIBUTABLE FOR VISUAL STUDIO 2013
These license terms are an agreement between Microsoft Corporation (or based on where you
live, one of its affiliates) and you. Please read them. They apply to the software named above,
which includes the media on which you received it, if any. The terms also apply to any Microsoft
 updates,
 supplements,
 Internet-based services, and
 support services
for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THEM, DO NOT USE THE SOFTWARE.

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE PERPETUAL RIGHTS
BELOW.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the
software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to use the software. Microsoft reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any technical limitations in
the software that only allow you to use it in certain ways. You may not
 disclose the results of any benchmark tests of the software to any third party without
Microsoft’s prior written approval;
 work around any technical limitations in the software;
 reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
 make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
 publish the software for others to copy;
 rent, lease or lend the software;
 transfer the software or this agreement to any third party; or
 use the software for commercial software hosting services.
3. BACKUP COPY. You may make one backup copy of the software. You may use it only to
reinstall the software.
4. DOCUMENTATION. Any person that has valid access to your computer or internal network
may copy and use the documentation for your internal, reference purposes.
5. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and regulations
that apply to the software. These laws include restrictions on destinations, end users and
end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-
based services and support services that you use, are the entire agreement for the software
and support services.
8. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where you live govern all
other claims, including claims under state consumer protection laws, unfair competition
laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws
of that country apply.
9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights under the
laws of your country if the laws of your country do not permit it to do so.
10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR
THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES,
GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS
OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS
AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL
LAWS, MICROSOFT EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
FOR AUSTRALIA - YOU HAVE STATUTORY GUARANTEES UNDER THE AUSTRALIAN
CONSUMER LAW AND NOTHING IN THESE TERMS IS INTENDED TO AFFECT THOSE
RIGHTS.
11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN
RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO
U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
 anything related to the software, services, content (including code) on third party Internet
sites, or third party programs; and
 claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your country may
not allow the exclusion or limitation of incidental, consequential or other damages.
EULAID: VS2013_RTM_VC.1_ENU
3. Microsoft Visual C++ 2012 Redistributable

MICROSOFT SOFTWARE LICENSE TERMS


MICROSOFT VISUAL C++ 2012 RUNTIME LIBRARIES
These license terms are an agreement between Microsoft Corporation (or based on where you
live, one of its affiliates) and you. Please read them. They apply to the software named above,
which includes the media on which you received it, if any. The terms also apply to any Microsoft
 updates,
 supplements,
 Internet-based services, and
 support services
for this software, unless other terms accompany those items. If so, those terms apply.

By using the software, you accept these terms. If you do not accept them, do not use the
software.

If you comply with these license terms, you have the perpetual rights below.

1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of
the software on your devices.
2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to use the software. Microsoft reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any technical limitations in
the software that only allow you to use it in certain ways. You may not
 disclose the results of any benchmark tests of the software to any third party without
Microsoft’s prior written approval;
 work around any technical limitations in the software;
 reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
 make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
 publish the software for others to copy;
 rent, lease or lend the software;
 transfer the software or this agreement to any third party; or
 use the software for commercial software hosting services.

3. BACKUP COPY. You may make one backup copy of the software. You may use it only
to reinstall the software.

4. DOCUMENTATION. Any person that has valid access to your computer or internal
network may copy and use the documentation for your internal, reference purposes.

5. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and regulations
that apply to the software. These laws include restrictions on destinations, end users and
end use. For additional information, see www.microsoft.com/exporting.

6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.
7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates,
Internet-based services and support services that you use, are the entire agreement for the
software and support services.

8. APPLICABLE LAW.
a) United States. If you acquired the software in the United States, Washington state law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where you live govern all
other claims, including claims under state consumer protection laws, unfair competition
laws, and in tort.
b) b. Outside the United States. If you acquired the software in any other country, the
laws of that country apply.

9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights under the
laws of your country if the laws of your country do not permit it to do so.

10. DISCLAIMER OF WARRANTY. The software is licensed “as-is.” You bear the risk of
using it. Microsoft gives no express warranties, guarantees or conditions. You may
have additional consumer rights or statutory guarantees under your local laws which
this agreement cannot change. To the extent permitted under your local laws,
Microsoft excludes the implied warranties of merchantability, fitness for a particular
purpose and non-infringement.

FOR AUSTRALIA - You have statutory guarantees under the Australian Consumer
Law and nothing in these terms is intended to affect those rights.

11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. You can recover
from Microsoft and its suppliers only direct damages up to U.S. $5.00. You cannot
recover any other damages, including consequential, lost profits, special, indirect or
incidental damages.

This limitation applies to


 anything related to the software, services, content (including code) on third party Internet
sites, or third party programs; and
 claims for breach of contract, breach of warranty, guarantee or condition, strict
liability,negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your country may not
allow the exclusion or limitation of incidental, consequential or other damages.

EULAID:VS2012_RTM_VC.1_ENU
4. Microsoft Visual C++ 2008 SP1 Redistributable

MICROSOFT SOFTWARE LICENSE TERMS


MICROSOFT VISUAL C++ 2008 RUNTIME LIBRARIES (X86, IA64 AND X64),
SERVICE PACK 1
____________________________________________________________________________

These license terms are an agreement between Microsoft Corporation (or based on where you
live, one of its affiliates) and you. Please read them. They apply to the software named above,
which includes the media on which you received it, if any. The terms also apply to any Microsoft
 updates,
 supplements,
 Internet-based services, and
 support services
for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THEM, DO NOT USE THE SOFTWARE.

If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the
software on your devices.

2. SCOPE OF LICENSE. The software is licensed, not sold. This agreement only gives you
some rights to use the software. Microsoft reserves all other rights. Unless applicable law
gives you more rights despite this limitation, you may use the software only as expressly
permitted in this agreement. In doing so, you must comply with any technical limitations in
the software that only allow you to use it in certain ways.

You may not


 disclose the results of any benchmark tests of the software to any third party without
Microsoft’s prior written approval;
 work around any technical limitations in the software;
 reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
 make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
 publish the software for others to copy; rent, lease or lend the software;
 transfer the software or this agreement to any third party; or
 use the software for commercial software hosting services.

3. BACKUP COPY. You may make one backup copy of the software. You may use it only to
reinstall the software.

4. DOCUMENTATION. Any person that has valid access to your computer or internal network
may copy and use the documentation for your internal, reference purposes.

5. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and
regulations that apply to the software. These laws include restrictions on destinations, end
users and end use. For additional information, see www.microsoft.com/exporting.
6. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.

7. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-
based services and support services that you use, are the entire agreement for the software
and support services.

8. APPLICABLE LAW.

a) United States. If you acquired the software in the United States, Washington state
law governs the interpretation of this agreement and applies to claims for breach
of it, regardless of conflict of laws principles. The laws of the state where you
live govern all other claims, including claims under state consumer protection laws,
unfair competition laws, and in tort.
b) Outside the United States. If you acquired the software in any other country, the
laws of that country apply.

9. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights under the
laws of your country if the laws of your country do not permit it to do so.

10. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR


THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES,
GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS
UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE
EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.

11. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN


RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO
U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to


 anything related to the software, services, content (including code) on third party Internet
sites, or third party programs; and
 claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.

It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your country may not
allow the exclusion or limitation of incidental, consequential or other damages.
5. Application Request Routing Version 3.0

MICROSOFT SOFTWARE SUPPLEMENTAL LICENSE TERMS


APPLICATON REQUEST ROUTING VERSION 3.0 FOR MICROSOFT WINDOWS
OPERATING SYSTEMS
Microsoft Corporation (or based on where you live, one of its affiliates) licenses this supplement
to you. If you are licensed to use Microsoft Windows Operating Systems software (the
“software”), you may use this supplement. You may not use it if you do not have a license for
the software. You may use this supplement with each validly licensed copy of the software.
The following license terms describe additional use terms for this supplement. These terms and
the license terms for the software apply to your use of the supplement. If there is a conflict,
these supplemental license terms apply.
By using this supplement, you accept these terms. If you do not accept them, do not use
this supplement.
If you comply with these license terms, you have the rights below.
1. DISTRIBUTABLE CODE. The supplement is comprised of Distributable Code. “Distributable
Code” is code that you are permitted to distribute in programs you develop if you comply
with the terms below.
a. Right to Use and Distribute.
 You may copy and distribute the object code form of the supplement.
 Third Party Distribution. You may permit distributors of your programs to copy and
distribute the Distributable Code as part of those programs.
b. Distribution Requirements. For any Distributable Code you distribute, you must
 add significant primary functionality to it in your programs;
 for any Distributable Code having a filename extension of .lib, distribute only the
results of running such Distributable Code through a linker with your program;
 distribute Distributable Code included in a setup program only as part of that setup
program without modification;
 require distributors and external end users to agree to terms that protect it at least as
much as this agreement;
 display your valid copyright notice on your programs; and
 indemnify, defend, and hold harmless Microsoft from any claims, including attorneys’
fees, related to the distribution or use of your programs.
c. Distribution Restrictions. You may not
 alter any copyright, trademark or patent notice in the Distributable Code;
 use Microsoft’s trademarks in your programs’ names or in a way that suggests your
programs come from or are endorsed by Microsoft;
 distribute Distributable Code to run on a platform other than the Windows platform;
 include Distributable Code in malicious, deceptive or unlawful programs; or
 modify or distribute the source code of any Distributable Code so that any part of it
becomes subject to an Excluded License. An Excluded License is one that requires,
as a condition of use, modification or distribution, that
 the code be disclosed or distributed in source code form; or
 others have the right to modify it.

2. SUPPORT SERVICES FOR SUPPLEMENT. Microsoft provides support services for this
software as described at www.support.microsoft.com/common/international.aspx.
6. Microsoft SQL Server 2014 SP2 Express

MICROSOFT SOFTWARE LICENSE TERMS


MICROSOFT SQL SERVER 2014 EXPRESS
These license terms are an agreement between Microsoft Corporation (or based on where you
live, one of its affiliates) and you. Please read them. They apply to the software named above,
which includes the media on which you received it, if any. The terms also apply to any Microsoft
 updates,
 supplements,
 Internet-based services, and
 support services
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT
THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of
the software on your devices.
2. ADDITIONAL LICENSING REQUIREMENTS AND/OR USE RIGHTS.
a. Distributable Code.
i. Right to Use and Distribute. If you comply with the terms below:
 You may copy and distribute the object code form of the software (“Distributable
Code”) in programs you develop;
 You may combine the object code form of the Distributable Code with your
programs to develop a unified web solution and permit others via online methods
to access and use that unified web solution, provided that the Distributable Code
is only used as part of and in conjunction with your programs; and
 You may permit distributors of your programs to copy and distribute the
Distributable Code as part of those programs.
ii. Distribution Requirements. For any Distributable Code you distribute, you
must
 add significant primary functionality to it in your programs;
 for any Distributable Code having a filename extension of .lib, distribute only the
results of running such Distributable Code through a linker with your program;
 distribute Distributable Code included in a setup program only as part of that
setup program without modification;
 require distributors and external end users to agree to terms that protect it at
least as much as this agreement;
 display your valid copyright notice on your programs; and
 indemnify, defend, and hold harmless Microsoft from any claims, including
attorneys’ fees, related to the distribution or use of your programs.
iii. Distribution Restrictions. You may not
 alter any copyright, trademark or patent notice in the Distributable Code;
 use Microsoft’s trademarks in your programs’ names or in a way that suggests
your programs come from or are endorsed by Microsoft;
 distribute Distributable Code to run on a platform other than the Windows
platform;
 include Distributable Code in malicious, deceptive or unlawful programs; or
 modify or distribute the source code of any Distributable Code so that any part of
it becomes subject to an Excluded License. An Excluded License is one that
requires, as a condition of use, modification or distribution, that
 the code be disclosed or distributed in source code form; or
 others have the right to modify it.
3. SCOPE OF LICENSE. The software is licensed, not sold. Unless applicable law gives you
more rights, Microsoft reserves all other rights not expressly granted under this agreement,
whether by implication, estoppel or otherwise. In doing so, you must comply with any
technical limitations in the software that only allow you to use it in certain ways. You may not
 disclose the results of any benchmark tests of the software to any third party without
Microsoft’s prior written approval;
 work around any technical limitations in the software;
 reverse engineer, decompile or disassemble the software, except and only to the extent
that applicable law expressly permits, despite this limitation;
 make more copies of the software than specified in this agreement or allowed by
applicable law, despite this limitation;
 publish the software for others to copy;
 rent, lease or lend the software; or
 use the software for commercial software hosting services.
4. THIRD PARTY NOTICES. The software may include third party code, that Microsoft, not the
third party, licenses to you under the terms set forth in this agreement. Notices, if any, for
any third party code are included for your information only. Additionally, any third party
scripts, linked to, called or referenced from this software, are licensed to you by the third
parties that own such code, not by Microsoft, see ASP.NET Ajax CDN Terms of Use:
http://www.asp.net/ajaxlibrary/CDN.ashx.
5. BACKUP COPY. You may make one backup copy of the software. You may use it only to
reinstall the software.
6. DOCUMENTATION. Any person that has valid access to your computer or internal network
may copy and use the documentation for your internal, reference purposes.
7. TRANSFER TO A THIRD PARTY. The first user of the software may transfer it and this
agreement directly to a third party. Before the transfer, that party must agree that this
agreement applies to the transfer and use of the software. The first user must uninstall the
software before transferring it separately from the device. The first user may not retain any
copies.
8. EXPORT RESTRICTIONS. The software is subject to United States export laws and
regulations. You must comply with all domestic and international export laws and regulations
that apply to the software. These laws include restrictions on destinations, end users and
end use. For additional information, see www.microsoft.com/exporting.
9. SUPPORT SERVICES. Because this software is “as is,” we may not provide support
services for it.
10. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-
based services and support services that you use, are the entire agreement for the software
and support services.
11. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, Washington state law
governs the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles. The laws of the state where you live govern all
other claims, including claims under state consumer protection laws, unfair competition
laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws
of that country apply.
12. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights
under the laws of your country. You may also have rights with respect to the party from
whom you acquired the software. This agreement does not change your rights under the
laws of your country if the laws of your country do not permit it to do so.
13. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR
THE RISK OF USING IT. MICROSOFT GIVES NO EXPRESS WARRANTIES,
GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS
UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE
EXTENT PERMITTED UNDER YOUR LOCAL LAWS, MICROSOFT EXCLUDES THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT.
FOR AUSTRALIA - you have statutory guarantees under the Australian Consumer
Law and nothing in these terms is intended to affect those rights.
14. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN
RECOVER FROM MICROSOFT AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO
U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
 anything related to the software, services, content (including code) on third party Internet
sites, or third party programs, and
 claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law.
It also applies even if Microsoft knew or should have known about the possibility of the
damages. The above limitation or exclusion may not apply to you because your country may not
allow the exclusion or limitation of incidental, consequential or other damages.
15. Telerik RadControls for WPF - 2016

Telerik End User License Agreement for UI for WPF

(Last Updated January 27, 2014)

IMPORTANT – PLEASE READ THIS END USER LICENSE AGREEMENT (THE


“AGREEMENT”) CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE ANY
SOFTWARE, DOCUMENTATION, OR OTHER MATERIALS MADE AVAILABLE THROUGH
THIS WEB SITE (Telerik.com). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING
AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE
AUTHORIZED TO BIND (the “Licensee” or “You”), AND TELERIK AD (“Telerik” or
“Licensor”). PLEASE CHECK THE “I HAVE READ AND AGREE TO THE LICENSE
AGREEMENT” BOX AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING THE
“I HAVE READ AND AGREE TO THE LICENSE AGREEMENT” BOX AND/OR BY
PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE
MADE AVAILABLE BY TELERIK THROUGH THIS WEB SITE, YOU ACKNOWLEDGE (1)
THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT
YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT
YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE
THE POWER AND AUTHORITY TO BIND THAT COMPANY.
Content Management System and/or .NET component vendors are not allowed to
use the Software (as defined below) without the express permission of Telerik. If
You or the company You represent is a Content Management System or .NET
component vendor, You may not purchase a license for or use the Software unless
You contact Telerik directly and obtain permission.
This License does not grant You a license or any rights to the “2007 Microsoft Office
System User Interface” and You must contact Microsoft directly to obtain such a
license. Any and all rights in the Software not expressly granted to You as part of
the License hereunder are reserved in all respects by Telerik.
This is a license agreement and not an agreement for sale.
1. Software License

1.1 License Grant. Subject to the terms and conditions set forth in this
Agreement, Telerik hereby grants to Licensee and Licensee hereby accepts, a
limited, non-transferable, perpetual, sublicenseable (solely as set forth in Section
1.3), non-exclusive license (the “License”) to use the Telerik computer software
identified as UI for WPF and any updates, upgrades, modifications and error
corrections thereto provided to Licensee (the “Programs”) and any accompanying
documentation (the “Documentation”, together with the Programs, collectively the
“Software”) solely as specified in this Agreement. You are granted either a Trial
Developer License pursuant to Section 1.4, a Starter Developer License with Starter
Support pursuant to Section 1.5 or a Professional Developer License with Updates
and Priority Support pursuant to Section 1.6. Which version of the License applies
(i.e., Trial Developer License, Starter Developer License with Starter Support or
Professional Developer License with Updates and Priority Support) is determined at
the time of the License purchase. YOU OR ANYONE IN YOUR ORGANIZATION MAY
NOT SIMULTANEOUSLY HOLD A STARTER DEVELOPER LICENSE AND PROFESSIONAL
DEVELOPER LICENSE WITH UPDATES AND PRIORITY SUPPORT.
For purposes of this Agreement:
“Integrated Products” means Your proprietary software applications which: (i) are
developed by Your Licensed Developers; (ii) add substantial functionality beyond
the functionality provided by the incorporated components of the Programs; and
(iii) are not commercial alternatives for, or competitive in the marketplace with,
the Programs or any components of the Programs.
“Licensed Developers” means Your employees or third-party contractors
authorized to develop software specifically for You using the Software in
accordance with this Agreement.
1.2 Scope of Use. The Software is licensed, not sold, on a per-seat basis. The
number of Licensed Developers using the Software must correspond to the
maximum number of License seats You have purchased from Telerik hereunder.
This means that, at any given time, the number of Licensed Developers cannot
exceed the number of License seats that You have purchased from Telerik and for
which You have paid Telerik all applicable License Fees pursuant to this Agreement.
The Software is in “use” on a computer when it is loaded into temporary memory
(i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage
device). Your Licensed Developers may install the Software on multiple machines,
so long as the Software is not being used simultaneously for development purposes
at any given time by more Licensed Developers than You have License seats. You
are not limited by the number of License seats with respect to how many individuals
within Your organization may access and use the Software for testing and building
purposes. You may also embed copies of the Programs in Your Integrated Products
that You license and distribute to Your own end-user licensees, including but not
limited to, Your employees (“Authorized End-Users”), solely in accordance with the
requirements set forth in Section 1.3 below.

1.3 License for Redistribution.


1.3.1 License Grant. Subject to the terms of this Agreement, You are granted a
limited, nontransferable, royalty-free license to redistribute and sublicense the use
of the Programs solely to Authorized End-Users: (i) in object code form only; (ii) as
embedded within Your Integrated Product for internal company use, hosted
applications, websites, commercial solutions deployed at Your Authorized End Users
sites, or shrink- or click-wrapped software solutions; and (iii) pursuant to an end
user license agreement or terms of use that: imposes the limitations set forth in this
paragraph on Your Authorized End-Users; prohibits distribution of the Programs by
Your Authorized End-Users; limits the liability of Your licensors or suppliers to the
maximum extent permitted by applicable law; and prohibits any attempt to
disassemble the code, or attempt in any manner to reconstruct, discover, reuse or
modify any source code or underlying algorithms of the Programs, except to the
limited extent as is permitted by law notwithstanding contractual prohibition.
Notwithstanding subsection 1.3.1(iii), if the only Authorized End-Users of Your
Integrated Product are Your employees and such use is internal and solely for Your
benefit, You are not required to utilize an end user license agreement or terms of
use. In no event are You allowed to distribute the Software or sublicense its use (a)
in any format other than in object form, (b) as a standalone product, or (c) as a part
of any product other than Your Integrated Product.
1.3.2 The foregoing license to redistribute the Programs is conditioned upon the
following:
1.3.2.1 You hereby acknowledge and agree that You are solely responsible for Your
Authorized End-User’s use of the Programs in accordance with the limitations set
forth in subsection 1.3.1 (iii) and liable for such Authorized End-User’s breach of
such limitations
1.3.2.2 You must ensure that the Software is not distributed in any form that allows
it to be reused by any application other than Your Integrated Product. Technical
guidelines are provided here:
http://www.telerik.com/purchase/license-agreement/assembly-protection-
guidelines.aspx. Please contact support@telerik.com for any additional questions.
For use of the Software in design-time (i.e. within a development environment such
as Microsoft Visual Studio) Your Authorized End-Users need to purchase Developer
Licenses from Telerik.

1.3.2.3 You must prohibit Your Authorized End-Users from using the Software
independently from Your Integrated Products, or from decompiling, reverse
engineering or otherwise seeking to discover the source code of the Programs.

1.3.2.4 You must include a valid copyright message in Your Integrated Products in
a location viewable by Authorized End-Users (e.g. “About” box) that will serve to
protect Telerik’s copyright and other intellectual property rights in the Software.
1.3.2.5 You are not allowed to, and are expressly prohibited from granting Your
Authorized End-Users any right to further sublicense the Software.
1.4 Trial Developer License

1.4.1 License Grant. If You download the free Trial Developer License, then,
subject to the terms and conditions set forth in this Agreement, Licensor hereby
grants to Licensee and Licensee hereby accepts a license for evaluation purposes
only. You are authorized to install, copy, and use the Software for the sole purpose
of testing its functionality. You are not allowed to integrate it in end products or use
it for any commercial or productive purpose. The term of the Trial Developer
License shall be thirty (30) days from the date on which You purchase the License,
during which, You will receive support, as described in further detail below.

1.4.2 Support. As part of Your Trial Developer License, You are entitled to the
“Trial” support package as described in greater detail here:
http://www.telerik.com/purchase/support-plans/devtools subject to the limitations
and restrictions described in the following Fair Usage Policy.
1.4.2.1 Support Package Fair Usage Policy. Telerik may limit or terminate Your
access to any or all of the support services available under the Trial support
package if Your use of the support services is determined by Telerik, in its sole and
reasonable discretion, to be excessive.
1.4.2.2 In no event will Telerik provide support of any kind to Your Authorized End-
Users.

1.4.3 Updates. You are not eligible to receive any updates for the Software.

1.4.4 THE TRIAL VERSION OF THE SOFTWARE IS LICENSED ‘AS IS’. YOU BEAR THE
RISK OF USING IT. TELERIK GIVES NO EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS
WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER
YOUR LOCAL LAWS, TELERIK EXCLUDES THE IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-
INFRINGEMENT.

1.5 Starter Developer License with Starter Support.


1.5.1 License Grant. If You purchase a Starter Developer License with Starter
Support, then, subject to the terms and conditions set forth in this Agreement,
Licensor hereby grants to Licensee and Licensee hereby accepts, a personal,
limited, non-transferable, perpetual, royalty-free, sublicenseable (solely as set forth
in Section 1.3), non-exclusive license to install, use, include with Integrated
Products and redistribute the Software in executable, object code form only. In
addition, You will receive updates and support, each as described in further detail
below. This License is limited to, and You may only purchase, a maximum of three
(3) License seats to be used by Your Licensed Developers. The Starter Developer
License is personal to each Licensed Developer and may not be switched to other
developers within Your organization.

1.5.2 Support. As part of Your Starter Developer License, You are entitled to the
“Starter” support package, which entitles You to ten (10) support requests via
Telerik’s ticketing system with a 72-hour response time (excluding Saturdays,
Sundays and holidays), as well as access to the community support forums.
1.5.3 In no event will Telerik provide support of any kind to Your Authorized End-
Users.
1.5.4 Updates. You are eligible to receive all minor updates (i.e., service pack
updates and other minor revisions to the Software) for the Software version You
purchased. You are not eligible to receive major updates (i.e., major revisions to or
new versions of the Software) for the Software version You purchased. Software
updates replace and/or supplement (and may disable) the version of the Software
that formed the basis for Your eligibility for the update. You may use the resulting
updated Software only in accordance with the terms of this License.
1.5.5 Termination. This License shall continue unless terminated in accordance
with Section 4 (Term and Termination) or upon Licensee’s purchase of a
Professional Developer License with Updates and Priority Support.
1.6 Professional Developer License with Updates and Priority Support.
1.6.1 License Grant. If You purchase a Professional Developer License with
Updates and Priority Support, then, subject to the terms and conditions set forth in
this Agreement, Licensor hereby grants to Licensee and Licensee hereby accepts, a
limited, non-transferable, perpetual, royalty-free, sublicenseable (solely as set forth
in Section 1.3), non-exclusive license to install, use, include with Integrated
Products and redistribute the Programs in executable, object code form only. The
Professional Developer License includes access to certain source code for the
Programs as set forth in Section 1.6.4. In addition, for a period of one (1) year from
the date on which You purchase the License, You will receive minor and major
updates for the Software, and the “Priority” support package, each as described in
further detail below.

1.6.2 Priority Support Package. As part of Your Professional Developer License,


You are entitled to the “Priority” support package, as described in greater detail
here: http://www.telerik.com/purchase/support-plans/devtools , for a period of one
(1) year from the date on which You purchased the License to the Software and
subject to the limitations and restrictions described in the following Fair Usage
Policy.
1.6.2.1 Support Package Fair Usage Policy. Telerik may limit or terminate Your
access to any or all of the support services available under the “Priority” support
package if Your use of the support services is determined by Telerik, in its sole and
reasonable discretion, to be excessive.

1.6.2.2 In no event will Telerik provide support of any kind to Your Authorized End-
Users.

1.6.3 Updates. You are eligible to receive all major updates and minor updates for
the version of the Software that You license hereunder, including the source code
for such updates, for a period of one (1) year from the date on which You purchase
the License for the Software. Updates replace and/or supplement (and may disable)
the version of the Software that formed the basis for Your eligibility for the update.
You may use the resulting updated Software only in accordance with the terms of
this License.

1.6.4 Source Code for the Software. The Program’s source code is provided to
You so that You can create modifications under the terms of this Agreement.

1.6.4.1 While Telerik does not claim any ownership rights in Your Integrated
Products, any modifications You develop to the Program source code will be the
exclusive property of Telerik, and You agree to and hereby do assign all right, title
and interest in and to such modifications and all rights associated therewith to
Telerik.

1.6.4.2 You will be entitled to use modifications of the Program’s source code
developed by You under the terms of this Agreement and Telerik hereby grants You
a license to use such modifications pursuant to Section 1.6.
1.6.4.3 You acknowledge that the Program’s source code is confidential and
contains valuable and proprietary trade secrets of Telerik. Under no circumstances
may any portion of the Program’s source code or any modified version of the source
code be distributed, disclosed or otherwise made available to any third party.

1.6.4.4 Telerik DOES NOT provide technical support for any source code that has
been modified by any party other than Telerik.

1.6.4.5 The Program’s source code is provided “as is”, without warranty of any
kind. Refunds are not available for any licenses that include a right to receive
source code.

2. License Limitations

2.1 You are not allowed to use, copy, modify, distribute, resell, transfer, rent, lease,
or sublicense the Software and Your associated rights except as expressly permitted
in this Agreement. Under no circumstances shall You grant further redistribution or
sublicense rights to Authorized End-Users or redistribute any source code of the
Programs to any Authorized End-User or third party.

2.2 You may not use the Telerik product names, logos or trademarks to market
Your Integrated Product.

2.3 Except to the limited extent as is permitted by law notwithstanding contractual


prohibition, You are not allowed to disassemble, decompile or “unlock”, decode or
otherwise reverse translate or engineer, or attempt in any manner to reconstruct or
discover any source code or underlying algorithms of the Programs that is provided
to You in object code form only.

3. Delivery

Telerik shall make available for download to Licensee a master copy of the
Software.

4. Term and Termination

This Agreement and the License granted hereunder shall continue until terminated
in accordance with this Section. Unless otherwise specified in this Agreement, the
License granted hereunder shall last as long as You use the Software in compliance
with the terms herein. Unless otherwise prohibited by law, and without prejudice to
Telerik’s other rights or remedies, Telerik shall have the right to terminate this
Agreement and the License granted hereunder immediately if You breach any of the
material terms of this Agreement, and You fail to cure such material breach within
thirty (30) days of receipt of notice from Telerik. Upon termination of this
Agreement, all Licenses granted to You hereunder shall terminate automatically and
You shall immediately cease use and distribution of the Programs; provided,
however, that any sublicenses granted to Your Authorized End-Users in accordance
with Section 1.3 shall survive such termination. You must also destroy (i) all copies
of the Programs not integrated into a live, functioning instance(s) of Your Integrated
Product(s) already installed, implemented and deployed for Your Authorized End-
User(s), and (ii) any product and company logos provided by Telerik in connection
with this Agreement.

5. Product Discontinuance

Telerik reserves the right to discontinue the Software or any component of the
Software, whether offered as a standalone product or solely as a component, at any
time. However, Telerik is obligated to provide support in accordance with the terms
set forth in this Agreement for discontinued Software or components for a period of
one (1) year after the date of discontinuance.

6. Intellectual Property

All title and ownership rights in and to the Software (including but not limited to any
images, photographs, animations, video, audio, music, or text embedded in the
Software), the intellectual property embodied in the Software, and any trademarks
or service marks of Telerik that are used in connection with the Software are and
shall at all times remain exclusively owned by Telerik and its licensors. All title and
intellectual property rights in and to the content that may be accessed through use
of the Software is the property of the respective content owner and may be
protected by applicable copyright or other intellectual property laws and treaties.
This Agreement grants You no rights to use such content. Any open source software
that may be delivered by Telerik embedded in or in association with Telerik
products is provided pursuant to the open source license applicable to the software
and subject to the disclaimers and limitations on liability set forth in such license. As
required by the Common Public License (“CPL”), if a user wishes to obtain the
source code for the components licensed under the CPL a user may access them at
http://wixtoolset.org.

7. Collection and Use of Data.

Telerik uses tools to deliver certain Software features and extensions, identify
trends and bugs, collect activation information, usage statistics and track other data
related to Your use of the Software as further described in the most current version
of Telerik’s Privacy Policy (located at: http://www.telerik.com/company/privacy-
policy). By Your acceptance of the terms of this Agreement and/or use of the
Software, You authorize the collection, use and disclosure of this data for the
purposes provided for in this Agreement and/or the Privacy Policy.

8. Limited Warranty

Except as specified in Section 1.4.4 (Trial License), Telerik warrants solely that the
Software will perform substantially in accordance with the accompanying written
materials for a period of ninety (90) days after the date on which You purchase the
License for the Software. Telerik does not warrant the use of the Software will be
uninterrupted or error free at all times and in all circumstances, nor that program
errors will be corrected. This limited warranty shall not apply to any error or failure
resulting from (i) machine error, (ii) Licensee’s failure to follow operating
instructions, (iii) negligence or accident, or (iv) modifications to the Software by any
person or entity other than Telerik. In the event of a breach of warranty, Licensee’s
sole and exclusive remedy and Telerik’s sole and exclusive obligation, is repair of all
or any portion of the Software. If such remedy fails of its essential purpose,
Licensee’s sole remedy and Telerik’s maximum liability shall be a refund of the paid
purchase price for the defective Software only. This limited warranty is only valid if
Telerik receives written notice of breach of warranty no later than thirty (30) days
after the warranty period expires. EXCEPT FOR THE EXPRESS WARRANTIES SET
FORTH IN THIS SECTION 8, TELERIK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Telerik be


liable for any indirect, special, incidental, or consequential damages arising out of
this Agreement, including, without limitation, damages for loss of goodwill, work
stoppage, computer failure or malfunction, or any and all other commercial
damages or losses, even if advised of the possibility thereof, and regardless of the
legal or equitable theory (contract, tort or otherwise) upon which the claim is based.
In any case, Telerik’s entire liability under any provision of this Agreement shall not
exceed in the aggregate the sum of the license fees Licensee paid to Telerik for the
Software giving rise to such damages, or in the case of a Trial License, shall not
exceed $5, notwithstanding any failure of essential purpose of any limited remedy.
Some jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so this exclusion and limitation may not be applicable.
Telerik is not responsible for any liability arising out of content provided by Licensee
or a third party that is accessed through the Software and/or any material linked
through such content. Any data included in the Software upon shipment from
Telerik is for testing use only and Telerik hereby disclaims any and all liability
arising therefrom. The extent of Telerik’s liability for the limited warranty section
shall be as set forth therein.

10. Indemnity

You agree to indemnify, hold harmless, and defend Telerik and its resellers from
and against any and all claims, lawsuits and proceedings (collectively “Claims”),
and all expenses, costs (including attorney's fees), judgments, damages and other
liabilities resulting from such Claims, that arise or result from (i) Your use of the
Software in violation of this Agreement, (ii) the use or distribution of Your Integrated
Product or (iii) Your modification of the Program’s source code.

11. Confidentiality

Except as otherwise provided herein, each party expressly undertakes to retain in


confidence all information and know-how transmitted or disclosed to the other that
the disclosing party has identified as being proprietary and/or confidential or that,
by the nature of the circumstances surrounding the disclosure, ought in good faith
to be treated as proprietary and/or confidential, and expressly undertakes to make
no use of such information and know-how except under the terms and during the
existence of this Agreement. However, neither party shall have an obligation to
maintain the confidentiality of information that: (i) it received rightfully from a third
party without an obligation to maintain such information in confidence; (ii) the
disclosing party has disclosed to a third party without any obligation to maintain
such information in confidence; (iii) was known to the receiving party prior to its
disclosure by the disclosing party; or (iv) is independently developed by the
receiving party without use of the confidential information of the disclosing party.
Further, either party may disclose confidential information of the other party as
required by governmental or judicial order, provided such party gives the other
party prompt written notice prior to such disclosure and complies with any
protective order (or equivalent) imposed on such disclosure. Without limiting the
foregoing, Licensee shall treat any source code for the Programs as confidential
information and shall not disclose, disseminate, or distribute such materials to any
third party without Telerik’s prior written permission. Each party’s obligations under
this Section 11 shall apply at all times during the term of this Agreement and for
five (5) years following termination of this Agreement, provided, however, that (i)
obligations with respect to source code shall survive in perpetuity and (ii) trade
secrets shall be maintained as such until they fall into the public domain.

12. Governing Law

This License will be governed by the law of the Commonwealth of Massachusetts,


U.S.A., without regard to the conflict of laws principles thereof. If any dispute,
controversy, or claim cannot be resolved by a good faith discussion between the
parties, then it shall be submitted for resolution to a state or Federal court or
competent jurisdiction in Boston, Massachusetts, USA, and the parties hereby agree
to submit to the jurisdiction and venue of such court. The Uniform Computer
Information Transactions Act and the United Nations Convention on the
International Sale of Goods shall not apply to this Agreement. Failure of a party to
enforce any provision of this Agreement shall not constitute or be construed as a
waiver of such provision or of the right to enforce such provision.

13. Entire Agreement

This Agreement shall constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes all prior and contemporaneous
communications regarding the subject matter hereof. Use of any purchase order or
other Licensee document in connection herewith shall be for administrative
convenience only and all terms and conditions stated therein shall be void and of no
effect unless otherwise agreed to in writing by both parties. In cases where this
license is being obtained through an approved third party, these terms shall
supersede any third party license or purchase agreement.

14. No Assignment

You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement,
or any rights or obligations under it, without Telerik’s prior written consent.

15. Survival

Any provisions of the Agreement containing license restrictions, including but not
limited to those related to the Program source code, warranties and warranty
disclaimers, confidentiality obligations, limitations of liability and/or indemnity
terms, and any provision of the Agreement which, by its nature, is intended to
survive shall remain in effect following any termination or expiration of the
Agreement.

16. Severability

If a particular provision of this Agreement is terminated or held by a court of


competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall
remain in full force and effect as to the remaining provisions.
17. Force Majeure

Neither party shall be deemed in default of this Agreement if failure or delay in


performance is caused by an act of God, fire, flood, severe weather conditions,
material shortage or unavailability of transportation, government ordinance, laws,
regulations or restrictions, war or civil disorder, or any other cause beyond the
reasonable control of such party.
18. Export Classifications
You expressly agree not to export or re-export Telerik Software or Your Integrated
Product to any country, person, entity or end user subject to U.S. export restrictions.
You specifically agree not to export, re-export, or transfer the Software to any
country to which the U.S. has embargoed or restricted the export of goods or
services, or to any national of any such country, wherever located, who intends to
transmit or transport the products back to such country, or to any person or entity
who has been prohibited from participating in U.S. export transactions by any
federal agency of the U.S. government. You warrant and represent that neither the
U.S.A. Bureau of Export Administration nor any other federal agency has suspended,
revoked or denied Your export privileges.
19. Commercial Software
The Programs and the Documentation are "Commercial Items", as that term is
defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation", as such terms are used in 48
C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R.
§12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the
Commercial Computer Software and Commercial Computer Software
Documentation are being licensed to U.S. Government end users (a) only as
Commercial Items and (b) with only those rights as are granted to all other end
users pursuant to the terms and conditions herein. Unpublished-rights reserved
under the copyright laws of the United States.

20. Reports and Audit Rights.


Licensee shall grant Telerik audit rights against Licensee twice within a calendar
three hundred and sixty five (365) day period upon two weeks written notice, to
verify Licensee’s compliance with this Agreement. Licensee shall keep adequate
records to verify Licensee’s compliance with this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU
UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE
INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE
SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR
COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS
AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE
AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND
EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.

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