SimpleWebsiteNavigation - Software Components - License Agreement

<body text="#000000" bgcolor="#FFFFFF" link="#0000FF" alink="#FF0000" vlink="#990099" > <table border="0" cellpadding="5" width="100%" bgcolor="#3366FF"> <tr> <td><p align="center"><img src="UCPD_logo.gif" width="200" height="137"></p> </td> <td align="center"> <h1><font color=black>SimpleWebsiteNavigation - Software Components</font></h1> <p><a href="../index.htm" target="_top"><font color=black>Click here</font></a> <font color=black> to return to the home page and links to other articles</font></p> </td> </tr> </table> <p><font size="4"><b>Ultimate Color Picker Dialogs License Agreement</b></font></p> <p><font size="3">Revision February 17, 2004</font></p> <p><font size="3">The Ultimate Color Picker Dialogs (<b>UCPD Software</b>) are distributed on the honor system as shareware and are licensed, not sold. You may download and evaluate them for free, but if you actually use them, you must purchase an appropriate license and abide by the terms of this license agreement. If you obtained UCPD Software as part of an open-source application, the original developer of that application should have obtained a Recompile License for the application (see below), and as sub-licensee, you are expected to abide by the terms of this License Agreement. This Recompile License gives you limited rights to UCPD software as described below. </font></p> <p><font size="3">This License Agreement is a legal agreement between you (an individual or a single entity), the Licensee or Sub-Licensee, and SimpleWebsiteNavigation.com. Use of this software indicates your acceptance of these terms. As used in this License Agreement, the term "UCPD Software" means the specific software components downloaded from a website, obtained on a CD or disk media, or included in an open-source application distribution along with this License Agreement. The term "UCPD Software" does not include any software that is covered by a separate license offered or granted by a person other than SimpleWebsiteNavigation.com (e.g. the non-UCPD portions of an open-source application that includes UCPD Software as part of its distribution).</font></p> <p><font size="3">UCPD Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You must maintain all copyright notices on all copies of the UCPD Software. Except as expressly licensed to you in this Agreement, SimpleWebsiteNavigation.com retains all rights, title and interest in UCPD Software.</font></p> <p><font size="3">The Ultimate Color Picker Dialogs are components intended for incorporation into a Licensee's application software. The Licensee's application software, if distributed, must be substantially more than a trivial repackaging of the UCPD components themselves. This is intended to prevent the Licensee from competing with SimpleWebsiteNavigation.com by reselling either the UCPD components themselves or a trivial repackaging of them. </font></p> <p><font size="3">The <b>website</b> referred to in this license agreement is </font><a href="http://www.components.simplewebsitenavigation.com/"><font size="3">www.components.simplewebsitenavigation.com</font></a><font size="3">. The software can be downloaded from this website, and licenses are obtained from this website. The URL of this website can change without notice.</font></p> <p><font size="3">A license type is described by a combination of the terms Personal/Shareware/Commercial and General/Recompile as defined below, e.g. "Shareware General License", or "Personal Recompile License".</font></p> <p><font size="3">Different grades of the license give different <b>Distribution Rights</b> for applications incorporating UCPD:</font></p> <ol> <li><font size="3"><b>Personal</b> Distribution Rights: Applications incorporating UCPD may be used for personal use, for in-house use at non-profits, or distributed as freeware or charityware (charityware is similar to shareware except that all proceeds go to charity).</font></li> <li><font size="3"><b>Shareware</b> Distribution Rights: Includes all Personal Distribution Rights plus the right to distribute applications incorporating UCPD as shareware.</font></li> <li><font size="3"><b>Commercial</b> Distribution Rights: Includes all Shareware Distribution Rights plus the right to use the applications in-house at a business or government office, and to incorporate UCPD into applications produced for sale or licensing.</font></li> </ol> <p><font size="3">There are two varieties of licenses for UCPD Software:</font></p> <ol> <li><font size="3"><b>General Licenses: </b>A General License allows a Licensee to incorporate UCPD into applications developed by the Licensee. A General UCPD license includes rights to use all programming language versions of UCPD, as well as any future versions made available on the website. This means that you pay once and then may use any and all language versions of UCPD in your various applications, and you are entitled to free upgrades when they become available.</font></li> <li><font size="3"><b>Recompile Licenses:</b> A Recompile License allows the distribution of a <u>specific</u> <b>open-source</b> application that includes UCPD source in that application's distribution (Recompile Licenses are not needed for applications distributed only in binary form). The holder of a General License that develops an open-source application must obtain a Recompile License (at no cost) for that specific application and include it with the distribution for that application. This Recompile License allows the recipients of the distribution (the <b>Sub-Licensees</b>)<b> </b>the right to modify and recompile the application and to redistribute it subject to the same distribution rights that would have been allowed by the original General License. No additional payment is due to SimpleWebsiteNavigation.com from the Sub-Licensee for these privileges.</font><font size="4"> </font><ul> <li><font size="3">The Licensee must obtain a separate Recompile License for each open-source application distributed.</font></li> <li><font size="3">The Licensee must include all UCPD Software materials (including copyright notices, this License Agreement, and documentation) in the distribution. The Licensee must take reasonable steps to make the Sub-Licensee aware of this License Agreement and to accept it as a condition for using the application.</font></li> <li><font size="3">The Licensee may specify a separate Application License Agreement for the application as a whole. The Sub-Licensee is bound by the more restrictive of the terms in that Application License Agreement and this UCPD Recompile License Agreement.</font></li> <li><font size="3">The Sub-Licensee is entitled to upgrade, at no charge, to newer versions of UCPD for use in upgrading the application covered by the Recompile License.</font></li> <li><font size="3">A Sub-Licensee that incorporates UCPD Software into applications other than that covered by the Recompile License must obtain their own General License.</font></li> <li><font size="3">A Sub-Licensee that desires distribution rights beyond the redistribution rights granted by the Recompile License must purchase their own General License with the desired distribution rights.</font></li> </ul> </li> </ol> <p><font size="3">The Licensee (and any Sub-Licensee) must include user-viewable UCPD license information in any distributed applications incorporating UCPD. This should be done either in the About Box, or indirectly from the About Box (e.g. from a "License Information" link), or equivalent. The required information should be in the following format:</font></p> <ul> <li><font size="3">For software distributed under a General License:</font><font size="4"> </font><blockquote> <p><font size="3">This application includes Ultimate Color Picker Dialog Components<br> licensed from www.components.SimpleWebsiteNavigation.com <br> by <name of licensee><br> Personal/Shareware/Commercial General License No. <general license number>,<br> Copyright 2003-2004, SimpleWebsiteNavigation.com, All Rights Reserved.</font><font size="4"> </font></p> </blockquote> </li> <li><font size="3">For software distributed with a Recompile License:</font><font size="4"> </font><blockquote> <p><font size="3">This application includes Ultimate Color Picker Dialog Components <br> licensed from www.components.SimpleWebsiteNavigation.com <br> by <name of licensee> for <application name><br> Personal/Shareware/Commercial Recompile License No. <recompile license number> (derived from General License No. <general license number>),<br> Copyright 2003-2004, SimpleWebsiteNavigation.com, All Rights Reserved.</font></p> </blockquote> </li> </ul> <blockquote> <p><font size="3">Where:</font><font size="4"> </font></p> <blockquote> <p><font size="3"><name of licensee> is the name registered on the website for the General License,</font></p> <p><font size="3"><general license number> is the number obtained from the website when the general license was obtained,</font></p> <p><font size="3"><recompile license number> is the number obtained from the website when the Recompile License was obtained,</font></p> <p><font size="3"><application name> is the name of the application registered when the Recompile License was obtained.</font></p> </blockquote> </blockquote> <p><font size="3">Pricing: Licenses are obtained from the website. The current license prices are given on the website and, if different, supercede the following:</font></p> <blockquote> <p><font size="3">Personal General License: $5.00<br> Shareware General License: $25.00<br> Commercial General License: $50.00</font></p> </blockquote> <blockquote> <p><font size="3">Recompile Licenses are free to General License holders.</font></p> </blockquote> <p><font size="3">Licensees may, at their discretion, substitute any future license agreement for this product that is published on the website if that license is deemed to have more beneficial terms.</font></p> <p><font size="3">Licensees and Sub-Licensees may make archival copies of UCPD software, and may download replacement copies of the UCPD software from the website at no charge.</font></p> <p><font size="3">Licenses are granted in perpetuity. However, without prejudice to any other rights, SimpleWebsiteNavigation.com may terminate your License if you fail to comply with the terms and conditions of the License Agreement. In such event, you must destroy all of your copies of the UCPD Software.</font></p> <p><font size="3">In the event that the UCPD Software's developer shuts down the website and you are unable to obtain a license, you may consider the product to be in the public domain and incorporate it in your applications for free. To take advantage of this you must take reasonable steps to ascertain that the website has indeed been shut down and is not simply operating under a different URL. Documenting five consecutive unsuccessful attempts to locate and access the website spread out over a 30-day period will be considered reasonable diligence in attempting to obtain a license. These attempts must be made at times when you have a properly functioning Internet connection and the Internet in general is operating normally. Attempt to locate the website at a new URL by entering the term "Ultimate Color Picker Dialogs" into a widely used search engine.</font></p> <p><font size="3">UCPD SOFTWARE AND ALL ACCOMPANYING FILES AND DOCUMENTATION ARE PROVIDED TO THE LICENSEE BY SIMPLEWEBSITENAVIGATION.COM, AS IS, WITH NO GUARANTEE OR WARRANTY WHATSOEVER. THE LICENSEE ASSUMES ALL RISK, RESPONSIBILITY AND LIABILITY RESULTING FROM THE USE OR MISUSE OF THE SOFTWARE (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 UCPD SOFTWARE (EVEN IF SIMPLEWEBSITENAVIGATION.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); AND COMPLETELY RELEASES SIMPLEWEBSITENAVIGATION.COM THEREFROM. </font></p> </body>