EULA3rdParty
EULA3rdParty
Note to Resellers: Please pass on this document to your customer to avoid license
infringements.
Contents
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
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
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.
EULAID:VS2012_RTM_VC.1_ENU
4. Microsoft Visual C++ 2008 SP1 Redistributable
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.
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.
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
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
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.
1.3.2.3 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.
1.5.2 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.
1.6.2.2 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.
3. Delivery
Telerik shall make available for download to Licensee a master copy of the
Software.
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.
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
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
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
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.