NConstruct 1.9.1

Software License Agreement

NConstruct Software License Agreement (SLA)

I. Preamble

By purchasing, installing or otherwise using the Software identified below and/or its

related materials, you agree to be legally bound by the terms and conditions of this

Software License Agreement. Indicate your expressed agreement by checking the box "I

have read and agree to the Software License Agreement". This Software License Agreement

Software License Agreement

NConstruct Software License Agreement (SLA)

I. Preamble

By purchasing, installing or otherwise using the Software identified below and/or its

related materials, you agree to be legally bound by the terms and conditions of this

Software License Agreement. Indicate your expressed agreement by checking the box "I

have read and agree to the Software License Agreement". This Software License Agreement

("SLA") is a legal agreement between the Licensee and Biro M&T, Ltd. ("Licensor"), which

regulates the use of the NConstruct software.

Biro M&T, Ltd. reserves the right to change and/or modify this SLA at its sole discretion

at any time.

II. Definitions

Software: The Software includes NConstruct Builder, NConstruct Client, NConstruct

Server, generated program code (generated by NConstruct Builder), End User

Information System based on generated code (generated by NConstruct Builder),

associated media, printed materials, and online or electronic documentation.

Licensor: Biro M&T. The licensor retains all rights, title and interest in and to the

Software, including all intellectual property rights. Licensor also maintains full copyright

of the "NConstruct" trade mark.

Licensee: Is a natural person or legal entity, which acquires the right to use the

Software under the terms and conditions of this SLA.

NConstruct Builder: Tool for generating code for the End User Information System.

NConstruct Components: NConstruct Client and NConstruct Server.

Generated Code: Program code generated by NConstruct Builder.

End User: Legal or natural entity which makes use of the End User Information System.

End User Information System: Information System which was built on generated code

(generated by NConstruct Builder).

Software activation: The process of Software activation and protection of the

NConstruct Builder.

III. Third Party Software

The Licensor has made use of all Third Party Software in full compliance of all applicable

terms and conditions of copyright holders and/or other authorized parties. The Licensor

has made use of the following Third Party Software:

• BambooPrevalence (licensed under MIT license:

http://www.opensource.org/licenses/mit-license.php)

• Castle.DynamicProxy (licensed under Apache License 2.0:

http://www.apache.org/licenses/LICENSE-2.0)

• DockPanel Suite (licensed under MIT license:

http://www.opensource.org/licenses/mit-license.php)

• The Genghis Project (licensed under zlib/ libpng license:

http://www.opensource.org/licenses/zlib-license.php)

• Iesi.Collections (no license provided)

• Log4net (licensed under Apache License 2.0:

http://www.apache.org/licenses/LICENSE-2.0)

• NHibernate (licensed under LGPL: http://www.gnu.org/licenses/lgpl.html)

• NUnit (licensed under zlib/ libpng license: http://www.opensource.org/licenses/zlib-

license.php)

• NVelocity (licensed under Apache License 1.1:

http://www.apache.org/licenses/LICENSE-1.1)

• The Spring Framework (licensed under Apache License 2.0:

http://www.apache.org/licenses/LICENSE-2.0)

• TinyMCE (licensed under LGPL: http://www.gnu.org/licenses/lgpl.html)

The Licensor has used all Third Party Software in its original form without any changes

or modifications. Licensees have the right to use Third Party Software only in full

compliance with terms and conditions of use, as determined by copyright holders and/or

other authorized parties. Links to separate license terms and conditions are stated in the

previous paragraph beside the Third Party Software name.

The Software has been fully tested with the versions of Third Party Software supplied by

the Licensor with the Software (the versions supplied are stated at

www.nconstruct.com). The Licensee has the right to use other versions of Third Party

Software. In use of other versions of Third Party Software (instead of versions supplied

by Licensor), the Licensee has to be aware that no testing with those Third Party

Software versions has been carried out by the Licensor and other versions of Third Party

Software are used at the sole risk of the Licensee.

The use of all Third Party Software supplied by Licensor is limited solely to use with the

Software.

IV. Terms of license

1. NConstruct Trial License

The Licensee, who has registered for the NConstruct Trial Version, is granted a non-

exclusive, non-transferable, non-fee bearing license to use NConstruct Builder,

NConstruct Components, Generated Code and End User's Information System for the

sole purposes of evaluation and trial. The Licensee is not allowed to use the Software for

any commercial purposes whatsoever.

The NConstruct Trial License begins on the date of Software activation and expires thirty

(30) days after Software activation (this being the "Trial Period"). When the NConstruct

Trial License expires, the Licensee is no longer allowed to use the Software.

All rights not herein specifically granted to the Licensee are retained by the Licensor.

2. NConstruct Basic Developer License

The Licensee, who has purchased and registered for the NConstruct Basic Developer

Version, is granted the following non-exclusive, non-transferable licenses:

• License to use the NConstruct Builder for the sole purpose of designing, developing,

testing and deploying the End User Information System. The Licensee is not

permitted to distribute, resell, rent, sublicense or exploit the NConstruct Builder in

any manner not expressly permitted by this SLA;

• License to use and distribute without any charge of royalties the executables of

NConstruct Components on as many machines as the Licensee wishes for the sole

purpose of designing, developing, testing and deploying the End User Information

System;

• License to change the source code of the Generated Code, to produce the

executables and to distribute without any charge of royalties these executables on as

many machines as the Licensee wishes for the sole purposes of designing,

developing, testing and deploying the End User Information System;

• License to distribute without any charge of royalties the executables of the End User

Information System on as many machines as the Licensee wishes for the sole

purposes of designing, developing, testing and deploying the End User Information

System. Distribution of the End User information system source code is not permitted

without Licensor's prior written consent (additional fees may apply).

NConstruct Basic Developer License begins upon the date of purchase and is valid for

an infinite period of time.

The Software is licensed per developer machine. This means that each person using or

otherwise accessing the Software for design, development, testing and deployment

purposes must obtain the right to do so by purchasing an individual NConstruct Basic

Developer License. The Licensee may only use the Software locally from each

developer machine (the Software may not be used from a shared network location by

multiple developers).

All rights not specifically granted to the Licensee herein are retained by the Licensor.

3. NConstruct Professional Developer License

The Licensee, who has purchased and registered for the NConstruct Professional

Developer Version, is granted the following non-exclusive, non-transferable licenses:

• License to use the NConstruct Builder for the sole purposes of designing,

developing, testing and deploying the End User Information System. The Licensee is

not permitted to distribute, resell, rent, sublicense or exploit the NConstruct Builder in

any manner not expressly permitted by this SLA;

• License to use and change the Source Code of the NConstruct Components for the

sole purposes of designing, developing, testing and deploying the End User

Information System and the license to distribute without any charge of royalties the

executables of NConstruct Components on as many machines as the Licensee

wishes for the sole purposes of designing, developing, testing and deploying the End

User Information System;

• License to change the source code of the Generated Code, to produce the

executables and to distribute without any charge of royalties these executables on as

many machines as the Licensee wishes for the sole purposes of designing,

developing, testing and deploying the End User Information System;

• License to distribute without any charge of royalties the executables of the End User

Information System on as many machines as the Licensee wishes and for the sole

purposes of designing, developing, testing and deploying the End User Information

System. The distribution of the End User information system source code is not

permitted without the Licensor's prior written consent (additional fees may apply).

NConstruct Professional Developer License begins upon the date of purchase and is

valid for an infinite period of time.

The Software is licensed per developer machine. This means that each person using or

otherwise accessing the Software for design, development, testing and deployment

purposes must obtain the right to do so by purchasing an individual NConstruct Basic

Developer License. The Licensee may only use the Software locally from each

developer machine (the software may not be used from a shared network location by

multiple developers).

All rights not specifically granted to the Licensee herein are retained by the Licensor.

4. Other License Terms

Licensee may not reverse engineer, decompile, translate, or disassemble any part of the

Software. Reverse engineering, decompilation or disassembling is allowed only to the

extent expressly permitted by applicable law. The Licensee agrees to take all reasonable

and appropriate measures to prohibit the illegal dissemination of the Software or any of

its constituent parts and redistributables to the fullest extent of all applicable laws.

At no time may the Licensee and/or End User utilize all or any portion of the Software to

create any tool, redistributable software component or software, which would directly or

indirectly compete with the NConstruct Software.

V. Disclaimer of Warranty and Limitation of Liability

Disclaimer of Warranty

The Licensor expressly disclaims any warranty for the Software. The Software and any

related documentation is provided "as is" without warranty of any kind, either express or

implied, including, without limitation, the implied warranties of merchantability, fitness for

a particular purpose or non infringement. The Licensor does not warrant, guarantee, or

make any representations regarding the use or the results of use of the Software in

terms of correctness, accuracy, reliability, or otherwise. The entire risk arising out of use

or performance of the Software remains solely with the Licensee. No oral or written

information or advice given by the Licensor or its employees shall create a warranty or in

any way increase the scope of this warranty.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Licensor be liable

for any special, incidental, indirect, or consequential damages whatsoever (including, without

limitation, damages for loss of business profits, business interruption, loss of business

information, or any other pecuniary loss) arising out of the use of or inability to use the

Software, even if the Licensor has been advised to the possibility of such damages.

The Licensee understands that the Software may produce inaccurate results because of

a failure or fault within the Software or failure by the Licensee to properly use and or

deploy the Software. The Licensee assumes full and sole responsibility for any use of

the Software and bears the entire risk for any failures or faults within the Software.

The Licensor does not assume any responsibility whatsoever for any work (e.g. End

User's Information System) resulting from the use of Software by Licensee.

VI. Software Changes

The Licensor reserves the full right to alter prices, features, specifications, capabilities,

functions, licensing terms, release dates, general availability or other characteristics of

the Software at any time.

VII. Ownership

Title, ownership rights, and all intellectual property rights in and to the Software and

Documentation shall remain the sole and exclusive property of the Licensor.

Licensee acknowledges that the Software contains valuable confidential information and

trade secrets of the Licensor and therefore agrees not to create competitive products or

attempt to decipher, decompile, disassemble or reverse engineer the Software or assist

or encourage any third party in doing so.

VIII. Term and Termination

This SLA shall take effect upon purchasing the Software, and shall remain in force until

terminated in accordance with this SLA.

Licensor may, by written notice to Licensee, terminate this SLA immediately should any

of the following events ("Termination Events") occur: (a) Licensee fails to pay any

amount due to the Licensor within thirty (30) days after Licensor gives written notice of

such nonpayment; or (b) Licensee is in material breach of any non-monetary provision of

this SLA, which is not cured, if capable of being cured, within thirty (30) days after

Licensor gives the Licensee written notice thereof or if not capable of being cured, within

3 days after Licensor gives the Licensee written notice thereof.

Termination of this SLA shall not affect the provisions relating to the limitations or

disclaimers of the Licensor's liability. Such provisions shall survive the termination of this

SLA.

Within thirty (30) days after the date of termination or discontinuance of this SLA for any

reason whatsoever, the Licensee shall destroy the Software and all copies, in whole or

in part, all Documentation relating thereto, and any other Confidential Information in its

possession that is in tangible form.

IX. Miscellaneous

If any term, condition, or provision in this SLA is found to be invalid, unlawful or

unenforceable to any extent, the remaining terms, conditions and provisions will continue

to be valid and enforceable to the fullest extent permitted by law.

This SLA represents the entire agreement of the parties with respect to the subject

matter of this SLA and supersedes all previous communications, representations,

understandings and agreements, either oral or written, between the parties with respect

to said subject matter.

This SLA shall be governed by and construed in accordance with the laws of the

Republic of Slovenia. The Licensee agrees that any dispute regarding this SLA shall be

heard in the courts having jurisdiction in Ljubljana, and further agrees to subject to the

personal jurisdiction of such courts.

The use of this Software constitutes an acceptance of the terms of this SLA. If the

Licensee does not agree to be bound by these provisions, they are required to destroy

all copies of this Software from their equipment immediately.