ActiveReports Server Licensing Agreement
Please read this software license agreement carefully before installing this software package. Your installation of the package indicates your acceptance of the terms and conditions of this license agreement. The terms and conditions of this licensing agreement are subject to change and the current agreement can be referenced on this page. Contact GrapeCity, inc. if you have any questions about this agreement.
The Product ("ActiveReports Server" and all constituent applications, libraries and object code, and all updates and enhancements thereto that may be released at GrapeCity, inc.’s sole discretion) is proprietary to GrapeCity, inc. and is protected by Federal Copyright Law. GrapeCity retains the title to and ownership of the Product. Licensee is defined as the person or entity that pays consideration for the license to use the Product.
If the Product is marked as "TRIAL" or "EVALUATION," the Licensee may install one copy of the Product(s) for evaluation purposes for a period of 30 days from the date of installation ("Evaluation Period"). Upon expiration of the Evaluation Period, the Product(s) will cease to function. The Trial version of this product must not be used in Licensee’s business applications.
The Licensee can use this Product under the following terms and conditions:
1. SMALL BUSINESS EDITION LICENSE:
A Networked Server is a single computing device in your network configured for access by multiple users and/or computers that also serves as the place where all configuration activities take place. GrapeCity, inc. hereby grants the Licensee a nonexclusive License authorizing the installation of the Product License on one Networked Server. The Small Business Edition license can be used only by internal users (employees, contractors and partners).
2. ENTERPRISE EDITION LICENSE:
An Agent is defined as software that can take on additional computing work while accessing a shared, controlling software. The Enterprise Edition license includes one ActiveReports Server and two Agents. GrapeCity, inc. hereby grants the Licensee a nonexclusive License authorizing an installation on a maximum of three Networked Servers, with ActiveReports Server installed on one Networked Server and the two Agents installed on two additional Networked Servers. The Enterprise Edition license can be used only by internal users (employees, contractors and partners).
3. SOFTWARE COMPANIES AND SaaS EDITION LICENSE:
All terms in the ENTERPRISE EDITION LICENSE section apply to this section as well. In addition, the Licensee may host or distribute the Product to its customers only as an integral part of or incorporated in Licensee's product or as a standalone Software maintenance update for existing end users of Licensee's products, subject to the condition that the Licensee's license agreement safeguards GrapeCity's ownership rights to the Product. The Product offered to the Licensee may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions. In no event may the Licensee use the Product to develop a product with substantially similar functionality as the Product. In addition, the Licensee may not incorporate the Product in any product that also incorporates, or is used in conjunction with, any third-party software providing substantially similar functionality as the Product. The Licensee’s end users shall be subject to the terms of this agreement.
4. DEVELOPMENT AND TESTING:
The Licensee may instal l, activate and use the Product License software in a development environment solely for internal development and testing as long as it has an authorized Product License. The Installation, activation and use for internal development and testing are limited to the same restrictions as the Product License.
5. PAYMENT:
When paying via invoices, the Licensee agrees to pay all amounts due or incurred, including any late payment fees, as specified in an invoice provided by GrapeCity. Unless otherwise indicated in an invoice, all invoices are payable upon receipt of the invoice. Overdue amounts are subject to a late payment interest charge up to the maximum legal rate. The Licensee agrees to promptly pay or reimburse GrapeCity, as applicable, for all costs and expenses, including all reasonable attorneys' fees, related to any breach of obligations under this Agreement.
6. RESTRICTIONS:
Except as specifically set forth in Section 3 above, the Licensee shall not directly or indirectly: (i) sell, lease, redistribute or transfer any of the GrapeCity Licensed Materials; (ii) modify, translate, reverse engineer (except to the limited extent permitted by law), decompile, disassemble, create derivative works based on, sublicense, or distribute any of the GrapeCity Licensed Materials; (iii) rent or lease any rights in any of the GrapeCity Licensed Materials in any form to any person; (iv) use any GrapeCity Licensed Materials for the benefit of any third parties in any way other than in its intended manner; (v) remove, alter or obscure any proprietary or copyright notice, labels, or marks on or within the GrapeCity Licensed Materials or any copies thereof; or (vi) disable or circumvent any access control or related security measure, process or procedure established with respect to the GrapeCity Licensed Materials or any other part thereof. The Licensee is responsible for all use of the GrapeCity Licensed Materials and any downloading, installing and using the GrapeCity Licensed Materials and for compliance with this Agreement; any breach by the Licensee or any user shall be deemed to have been made by the Licensee.
7. US GOVERNMENT RESTRICTED RIGHTS:
Use, duplication or disclosure by the United States Government is subject to restrictions as set forth under DFARS 252.227-7013 or in FARS 52.227-19 Commercial Computer Software - Restricted Rights.
8. TERMINATION:
Licensee may terminate the License at any time by destroying all copies of the Product and Product documentation. This License will also terminate automatically if Licensee fails to comply with any term or condition in this Agreement.
9. LIMITED WARRANTY:
Licensee assumes all responsibility for the selection of the Product as appropriate to achieve the results Licensee intends. GrapeCity, inc. warrants that the Product shall be free from defects in material and workmanship under normal use and conditions, and that the Product shall perform substantially as described in its documentation for a period of ninety (90) days from purchase. This Limited Warranty is void if failure of the Product has resulted from accident, abuse, or misapplication. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH GRAPECITY IS UNDER NO OBLIGATION TO UPDATE THIS PRODUCT, GRAPECITY MAY PROVIDE YOU WITH UPDATES, CORRECTIONS AND IMPROVEMENTS TO THE PRODUCT AT GRAPECITY’S SOLE DISCRETION.
10. CUSTOMER REMEDIES:
GrapeCity, inc.'s entire liability and Licensee’s exclusive remedy shall be, at GrapeCity, inc.'s option, either (a) return of the price paid or (b) repair or replacement of the Product that does not meet GrapeCity, inc.'s Limited Warranty and which is returned to GrapeCity, inc. with a copy of your receipt. Any replacement Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
11. NO LIABILITY FOR CONSEQUENTIAL DAMAGES:
In no event shall GrapeCity, inc. or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of use of or inability to use the Product, even if GrapeCity, inc. has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain implied warranties or the limitation of the foregoing warranty or the exclusion or limitation of incidental or consequential damages, in which case and to the extent such exclusion or limitation is not allowed some of the foregoing limitations and exclusions may not apply to you.
12. GOVERNING LAW; VENUE:
This Agreement shall be governed by, and construed in accordance with, the laws of the State of Washington and the United States, and any action brought in connection with this Agreement shall be brought only in the state or federal courts sitting in Seattle, Washington. In any such action, you submit to the personal jurisdiction of such courts and waive any objections to venue in such courts. If any action is brought by either party to this Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable and actual attorney fees and expenses of litigation. Application of the U.N. Convention of Contracts for the International Sale of Goods is expressly excluded. The original version of this Agreement is the English language version. Any discrepancy or conflicts between the English version and the versions in any other language will be resolved with reference to and interpreting the English version, which will control.