Developer License Agreement

PLEASE READ THIS AGREEMENT BEFORE USING ANY SOFTWARE COMPONENT PROVIDED BY THIS WEBSITE.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OR REDISTRIBUTE ANY SOFTWARE PROVIDED BY THIS WEBSITE.

1. DEFINITION OF TERMS

"Documentation": Any written media, content, or on-line material including, but not limited to, reference manuals, forum posts, web pages and electronic archives or documents.

"Licensee": Refers to the individual licensee, whether as an individual programmer, company, or other organization.

"Software": All material made available or distributed by this website, but not limited to, one or more of the following: source code, object code, byte code, dynamic-link libraries, shared libraries, static libraries, header files, executables, scripts, sample programs, utility programs, and Documentation.

"DIS": Stands for "Développement Informatique Services, Francesco Foti", which is the Swiss self-owned company registered in Geneva, residing at 47 avenue Blanc, 1202 Geneva, Switzerland, author, licensor and copyright holder of the Consoul library and other software distributed under these license terms.

"Licensed Software": The Software for which Licensee has paid the applicable license fee.

"Software Application Programming Interface ("API")": the set of access methods, whether provided by DIS, third parties, or developed by Licensee, through which the programmatic services provided by the Licensed Software are made available.

"Application" or "Your Application" means a software application that You develop which incorporates all or parts of the Licensed Software.

"Software Version": The software version is a number of the form XX.YY.ZZ, where XX is the "Version Major", YY is the "Version Minor" and ZZ is the "Revision" parts. The version number is embedded in the filenames of the "Redistributable Components" (see below).

"Redistributable Components": The "Redistributable components" are the files consoul_XXYYZZ_32.dll and consoul_XXYYZZ_64.dll, where XX is a two digits version major number like 01, YY is a two digits version minor number like 02, and ZZ is a two digits version revision number like 05. The _32 and _64 suffixes in the name reference builds for Windows 32bits systems up from Windows 7, respectively 64bits builds up from Window 7. These are the Consoul DLLs. The "Redistributable Components" are the files for the Version Major and Version Minor you pay the applicable license fee for.

The Licensed Software contains certain runtime libraries and files intended for duplication and distribution by Licensee within End User Software Products to the user(s) of the End User Software Product(s) (the "Redistributable Components"). The Redistributable Components are those files specifically designated as being distributable as part of the Licensed Software.

2. GENERAL

The Software is owned by DIS and is protected by Swiss copyright laws and other laws and by international treaties. It is intended for use by a software developer who has experience using development tools and class libraries.

3. DEVELOPER LICENSE GRANTS

Subject to the terms and conditions of this Agreement, DIS grants to Licensee the perpetual, non-exclusive, non-transferable, royalty-free license to integrate the Licensed Software, at a specific version major, minor and any revision, into Your Applications and to distribute such Licensed Software in connection with said Applications, provided that (a) said Applications do not in any way compete with the Licensed Software, or provide substantially the same functionality as the Licensed Software, or expose the functionality of the Licensed Software through a programmable interface; (b) each of Your Applications developed using Licensed Software is designed for end users, rather than for developers who would be able to build other software that would compete with the Licensed Software, and (c) You do not permit further distribution of the Licensed Software by Your end users.

This "Single Developer License" means that only one named individual developer employed by You may be allowed to integrate the Licensed Software for the sole purpose of developing and maintaining any of Your Applications.

Free Use license: Licensee is not required to pay the applicable license fee as long as the redistributable material is not used commercially in any way, and if the works integrating the redistributable material are provided to End Users for free use and free of any charge, including any type of runtime or license fee.

Licensee is required to pay the applicable license fee, at its current price, for the redistributable material only if he/she/they uses the redistributable material with his/her/their specific commercial Application(s), or to provide any customer service, and charges any fee for either or both.

Licensee has no rights to use the Licensed Software beyond those specifically granted in this section.

4. LICENSE RESTRICTIONS

If the Software is for use outside Switzerland, Licensee agrees to comply with all relevant regulations of Swiss international commerce laws to ensure that the Software is not exported in violation of Swiss law.

Notwithstanding any provisions in this Agreement to the contrary, Licensee may not distribute any portion of the Software other than the Redistributable Components.

In addition, Licensee may not decompile, disassemble, or reverse engineer any object code form of any portion of the Software.

5. TITLE

Licensee acknowledges and agrees that all right, title and interest in and to the Software, including all intellectual property rights therein, are the property of DIS, subject only to the licenses granted to Licensee under this Agreement. This Agreement is not a sale and does not transfer to the Licensee any title or ownership in or to the Software or any patent, copyright, trade secret, trade name, trademark or other proprietary or intellectual property rights related thereto.

6. NON-TRANSFERABILITY

Except for Licensee's rights to distribute the Redistributable Components, Licensee may not rent, transfer, assign, sublicense, or grant any rights in the Software, in full or in part, to any other person or entity without DIS's written consent.

7. LIMITED WARRANTIES

THERE ARE NO WARRANTIES. YOU AGREE TO USE THE SOFTWARE AT YOUR OWN RISKS EVEN IF YOU PAID FOR IT. DIS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RESULTS, OR OTHERWISE.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL DIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUES, DATA OR OTHER ECONOMIC ADVANTAGE) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF DIS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE TOTAL AMOUNT OF DIS'S LIABILITY TO LICENSEE SHALL BE LIMITED TO THE AMOUNT USER PAID FOR THE USE OF THE SOFTWARE, IF ANY.

9. TERMINATION

DIS reserves the right, at its sole discretion, to terminate this Agreement upon written notice if Licensee has breached any of these terms and conditions. Licensee may terminate this Agreement at any time by ceasing to use the Licensed Software. Sections 4, 5, 6, 7, 8, 9 and 10 survive any termination of this Agreement and apply fully to any termination. Unless terminated as provided herein by either party, this Agreement shall remain in effect. Termination will not affect end user licenses of the End User Software Product which contain the Redistributable Components which were distributed by Licensee prior to termination.

10. MISCELLANEOUS

For all legal matters, the exclusive place of jurisdiction is Geneva, Switzerland.