License for 3D ImageFlow Gallery for Flash

IMPORTANT - READ CAREFULLY:

This End-user License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DMXzone for one (1) license to use 3D ImageFlow Gallery for Flash. 3D ImageFlow Gallery for Flash is a Dreamweaver Extension and includes source codes, all enclosed files, and electronic documentation ("EXTENSION" or "EXTENSION and SOURCE CODE"). By installing, copying, or otherwise using the EXTENSION, you agree to be bound by the terms of this EULA.

EXTENSION and SOURCE CODE LICENSE

The EXTENSION and SOURCE CODE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The EXTENSION and SOURCE CODE is licensed, not sold.

Copyright

All title and copyrights in and to the EXTENSION and SOURCE CODE (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the EXTENSION and SOURCE CODE), and any copies of the EXTENSION and SOURCE CODE are owned by DMXzone. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions.

One License Required Per Developer

Use of EXTENSION requires one license per developer. Licenses are non-transferable between developers. For instance, if a company has two developers that will use the EXTENSION, then that company requires two licenses. This is the case even if the developers will not be working with the EXTENSION at the same time or a project is transferred from one developer to another.

Distribution

  1. DMXzone grants you, the licensed developer, the right to use the EXTENSION, in all websites developed by you, and distribute the produced SOURCE CODE, without any royalty whatsoever, provided that :
    • You do not distribute the EXTENSION and SOURCE CODE or part of it, as a new Dreamweaver Extension or as a resulting product that might compete with DMXzone's EXTENSION and SOURCE CODE on the market level.
    • You do not permit (either by explicit or implicit means) further distribution of the DMXzone's EXTENSION and SOURCE CODE by your end users.
  2. As a result of point 1, if you add some features into the EXTENSION and SOURCE CODE and sell it as "upgraded product", it is not allowed, since, in essence, the product offers the same purpose, and it may actually compete with our EXTENSION and SOURCE CODE. Also, migrating the EXTENSION and SOURCE CODE to another server platform or translating the EXTENSION and SOURCE CODE to use another languages is not allowed as well. You must include the SOURCE CODE to your product / project only as a supporting functions / add-on facility, and it is not the main / core functionality of DMXzone's EXTENSION and SOURCE CODE that your product offers.
  3. As a result of point 1, you do not redistribute DMXzone's EXTENSION and SOURCE CODE in an Open Source project/application.
  4. A single license provides unlimited distribution of a single application that uses DMXzone's EXTENSION and SOURCE CODE functionality. Additional licenses must be purchased for royalty free distribution of any additional applications.

Upgrades

If the EXTENSION and SOURCE CODE is an upgrade from another product, you may use that upgraded product only in accordance with this EULA.

Termination

Without prejudice to any other rights, DMXzone may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the EXTENSION and SOURCE CODE and all of its component parts.

LIMITED WARRANTY

Although DMXzone has tested this EXTENSION and SOURCE CODE and reviewed the documentation, DMXzone makes no warranty or representation, either expressed or implied, with respect to this EXTENSION and SOURCE CODE, its quality, performance, merchantability, or fitness for a particular purpose. As a result, this EXTENSION and SOURCE CODE is licensed AS-IS, and you are assuming the entire risk as to its quality and performance.

DMXzone shall not be liable for any claim or right to recover damages, including, but not limited to, loss of profit, data, or use of the EXTENSION and SOURCE CODE or special, incidental, or consequential damages, or other similar claims, even if DMXzone has been specifically advised of the possibility of such damages.