Boonex Dolphin Permanent Commercial License
Boonex Dolphin Permanent Commercial License
Boonex Dolphin Permanent Commercial License
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BoonEx <strong>Dolphin</strong> <strong>Permanent</strong> <strong>Commercial</strong> <strong>License</strong><br />
1. Introduction<br />
Please read this <strong>Commercial</strong> <strong>License</strong> carefully. The following are the Terms of Use and<br />
Conditions under which BoonEx Pty Ltd. (hereinafter "Licensor") licenses its <strong>Dolphin</strong><br />
software (hereinafter "<strong>License</strong>d Software") to its customers (hereinafter "<strong>License</strong>e").<br />
By ordering, downloading or installing and using the <strong>License</strong>d Software, <strong>License</strong>e is<br />
agreeing to be bound by this <strong>Commercial</strong> <strong>License</strong>, and the licenses granted hereunder<br />
are subject to compliance with any and all terms of this <strong>Commercial</strong> <strong>License</strong>. IF YOU<br />
DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT ORDER,<br />
DOWNLOAD, INSTALL, USE OR DISTRIBUTE THE LICENSED SOFTWARE.<br />
2. Terms and definitions<br />
"<strong>Commercial</strong> <strong>License</strong>" means this document. The "Software" covered under this<br />
<strong>License</strong> Agreement means the licensed <strong>Dolphin</strong> software with its source code, help<br />
files, publications, documentations and/or plugins that are included in the official<br />
Software Distribution available from BoonEx.com. "<strong>License</strong>d Software" means the<br />
same as Software. "<strong>License</strong> key" means a sequence of letters and numbers provided<br />
by Licensor to activate the <strong>License</strong>d Software. "Licensor" means BoonEx Pty Ltd.<br />
"<strong>License</strong>e" means an individual or entity exercising rights under and complying with<br />
the terms of this <strong>License</strong> who has not previously violated the terms of this <strong>License</strong><br />
with respect to the Software, or who has received express permission from the<br />
Licensor to exercise rights under this <strong>License</strong> despite a previous violation. "Footer"<br />
means logos, links, and any other visible trademarks placed in the "<strong>License</strong>d<br />
Software" "Header" means the Licensor copyrights placed in the <strong>License</strong>d Software<br />
source code, not publicly visible.<br />
3. <strong>License</strong> Grant<br />
Subject to the terms and conditions of this <strong>License</strong> Agreement, BoonEx Pty Ltd hereby<br />
grants <strong>License</strong>e a non-exclusive, non-transferable, non-assignable license, without the<br />
right to sublicense to:<br />
a. Remove logos, links, and other trademarks (footers) from the <strong>License</strong>d Software.<br />
b. Access, display, integrate and use the Software on one (1) Internet domain that has been<br />
registered with Licensor. (Licensor provides <strong>License</strong>e with the <strong>License</strong> Key that is tied to the<br />
domain name.)<br />
c. Access to the Software source code: Customize the Software according to the <strong>License</strong>e's<br />
needs, but <strong>License</strong>e has no rights to remove the <strong>License</strong> Key logic from the Software so that<br />
customization only functions if a valid license key has been configured for it. All rights not<br />
expressly granted by this Agreement are expressly reserved by Licensor.<br />
4. Applicability of <strong>License</strong>
This <strong>License</strong> applies to the Software version purchased by the <strong>License</strong>e as well as all<br />
future version upgrades issued during during the term of the <strong>License</strong>.<br />
5. Protection of <strong>License</strong>d Software<br />
The extent of authorization depends on the ownership or Proof of Authorization for the<br />
Software. Usage of the Software for any other purpose not explicitly covered by this<br />
<strong>License</strong> Agreement or granted by the Proof of Authorization is not permitted and<br />
requires the written prior permission from BoonEx Pty Ltd.<br />
Except as otherwise expressly permitted in this Agreement, or in another agreement<br />
with BoonEx Pty Ltd to which <strong>License</strong>e is a party, <strong>License</strong>e may not redistribute,<br />
encumber, sell, rent, lease, sublicense or otherwise transfer rights to the <strong>License</strong>d<br />
Software. <strong>License</strong>e shall not remove or alter the Licensor headers from the <strong>License</strong>d<br />
Software. Any attempt to take any such actions is void, and will automatically<br />
terminate your rights under this <strong>License</strong>.<br />
6. <strong>License</strong> Effective Date<br />
The rights and licenses granted hereunder shall commence on the date any <strong>License</strong><br />
Key is electronically delivered to <strong>License</strong>e. Licensor agrees to make the <strong>License</strong> Key<br />
available for electronic delivery to <strong>License</strong>e promptly after receipt by Licensor of the<br />
<strong>License</strong> Fee for an unlimited period of time. For purposes of this Agreement, the<br />
"<strong>License</strong> Fee" means the amount of money required to be paid by <strong>License</strong>e to Licensor<br />
for legal usage of the Software under the terms of this agreement.<br />
7. Termination of the license<br />
Without prejudice to any other rights, Licensor may terminate this Agreement if<br />
<strong>License</strong>e breaches any of its terms and conditions. Upon termination, <strong>License</strong>e shall<br />
destroy all copies of the <strong>License</strong>d Software held or controlled by <strong>License</strong>e.<br />
8. Ownership of Intellectual Property<br />
By accepting this license grant, the <strong>License</strong>e doesn't become the holder of any other<br />
intellectual property rights in the <strong>License</strong>d Software. Title to and ownership of the<br />
intellectual property rights in the <strong>License</strong>d Software, all copies thereof, and all<br />
documentation related thereto, shall remain at all times with the Licensor. The<br />
<strong>License</strong>e agrees to take all steps which are reasonably necessary to protect the<br />
Licensor's ownership rights to the <strong>License</strong>d Programs in the conduct of the <strong>License</strong>e's<br />
licensed commercial activity with the <strong>License</strong>d Program, and will not take any action<br />
to jeopardize, limit or interfere in any manner with such rights.<br />
9. Disclaimer of warranty and limitation of liability
The Licensor doesn't represent or warrant that the functions contained in the <strong>License</strong>d<br />
Software will meet the <strong>License</strong>e's requirements or will operate in the combination<br />
selected by the <strong>License</strong>e or that the operation of the <strong>License</strong>d Software will be error<br />
free.<br />
In no event shall the Licensor be liable for any incidental, indirect, special or<br />
consequential damages whatsoever (including, but not limited to, lost profits or<br />
interruption of business) with respect to, arising out of, in connection with, or related<br />
to this Agreement. The Licensor's liability arising out of contract, negligence, strict<br />
liability in tort or any other claim of law shall not exceed any fees paid by the <strong>License</strong>e<br />
for the <strong>License</strong>d Software.<br />
<strong>License</strong>e is solely responsible for determining the appropriateness of using the<br />
<strong>License</strong>d Software and assumes all risks associated with its exercise of rights under<br />
this agreement, including but not limited to the risks and costs of software errors,<br />
compliance with applicable laws, damage to or loss of data, programs, suitability for<br />
hosting and unavailability or interruption of operations.<br />
10. Governing Law<br />
This Agreement shall be governed and constructed in accordance with the laws of the<br />
Commonwealth of Australia and the laws of Australia applicable therein. If any<br />
provision of this Agreement or the application thereof shall be invalid or<br />
unenforceable, the remainder of this Agreement shall be unaffected thereby, and each<br />
remaining term or provision of this Agreement shall be valid and be enforced to the<br />
fullest extent of the law.<br />
11. General<br />
This Agreement constitutes the entire agreement between the parties and supersedes<br />
all prior oral or written agreements, proposals or communications between the parties<br />
relating to the <strong>License</strong>d Software. Failure of the Licensor to exercise its rights under<br />
this Agreement, or to require strict performance of any part of this Agreement, shall<br />
not constitute a waiver of those rights or provisions, and they remain in full force and<br />
effect. If any term or provision of this Agreement or the application thereof shall be<br />
invalid or unenforceable, such term or provision shall be severed from this Agreement<br />
and the remainder of this Agreement shall be unaffected thereby and each remaining<br />
term or provision of this Agreement shall be valid and be enforced to the fullest extent<br />
permitted by law.