DEVELOPER LICENSE AGREEMENT FOR MonoReport library

These Developer License (“DLA”) terms are a legal agreement between FogSoft LLC, ("FOGSOFT") and you, software developer ("DEVELOPER") for MonoReport library including components, source code (if provided), demos, intermediate files, media, printed materials, and "online" or electronic documentation ("SOFTWARE") contained in this installation file.

FOGSOFT grants to you, a personal, nonexclusive license to install and use the SOFTWARE for the sole purposes of designing, developing, testing, and deploying application programs which you create. If you are an entity, you must designate one individual within your organization to use the SOFTWARE in the manner provided herein.

The SOFTWARE is runtime royalty-free for Redistributables.

By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this DLA. If you do not agree to any part of the terms of this DLA, DO NOT INSTALL, USE, DISTRIBUTE IN ANY MANNER, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE.

All SOFTWARE is licensed, not sold.

RIGHTS

You may install and use one copy of the SOFTWARE, including any and all source code if provided, or any minor version of the same major version legally licensed for the same operating system, on a single computer. Developer may make two additional copies of the SOFTWARE: a second copy for his or her exclusive use on a portable computer and a third copy for his or her exclusive use on a home computer. You acknowledge and agree that the SOFTWARE in source code if provided form remains a confidential trade secret of FOGSOFT.

You may transfer all of your rights to use the SOFTWARE to another person, provided that you transfer to that person all of the software, diskettes (if applicable), and documentation provided in this package (including this license agreement), and transfer or destroy all copies in any form. Remember, once you transfer the SOFTWARE, you no longer have any right to use it, and the person to whom it is transferred may use it only in accordance with the copyright law, international treaty, and this license.

DEVELOPER LICENSE GIVES YOU THE RIGHT TO:

Updates, upgrades (to all minor versions of the same major version) and fixes. FOGSOFT will provide you with free updates, upgrades (to all minor versions of the same major version) and fixes of the SOFTWARE, within one year after you purchase it. If you are using the demonstration version of the SOFTWARE, FOGSOFT will not provide you updates, upgrades version and fixes related to the SOFTWARE.

TRIAL LICENSE

You may install and use one copy of the SOFTWARE in evaluation purposes only during limited term as specified in license key. After evaluation key expiration you should remove SOFTWARE and destroy all hard copies. For any other use of SOFTWARE developer license should be purchased.

You may continue to use the SOFTWARE in accordance with this Agreement for an unlimited period (irrespective of whether the subscription period has lapsed) unless this Agreement is terminated in accordance with its Termination provisions.

RESTRICTIONS

You may not rent, lease, lend, copy, modify, sub-license, time-share, electronically transmit or receive the SOFTWARE, except as provided in this license, or as directed by FOGSOFT. You may alter the source code of the SOFTWARE, excluding file names and copyright inscriptions, for the purpose of your use as authorized by this Agreement, but you may not otherwise translate, reverse engineer, decompile or disassemble or otherwise alter the SOFTWARE or its documentation.

You may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble the SOFTWARE, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the SOFTWARE or any of its constituent parts and redistributables to the fullest extent of all applicable local and International Laws and Treaties regarding anti-circumvention, including but not limited to, the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.

The DEVELOPER shall not expose SOFTWARE API to its customers, but only its own API.

The DEVELOPER may NOT distribute the SOFTWARE, in any format, to other users for development or application compilation purposes. Specifically, if DEVELOPER creates a component using the SOFTWARE as a constituent component, DEVELOPER may NOT distribute the component created with the SOFTWARE (in any format) to users to be used at design time and or for ANY development purposes. This restriction applies to “design time” within IDE (Microsoft Visual Studio and others).

YOU MAY NOT CREATE ANY TOOL OR SOFTWARE THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE.

The SOFTWARE is licensed as a single PRODUCT. The SOFTWARE and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by DEVELOPER. The provision of source code, if included with the SOFTWARE, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All FOGSOFT libraries, source code if provided, redistributables and other files remain FOGSOFT exclusive property. You may not distribute any files, except those that FOGSOFT has expressly designated as Redistributable.

SOFTWARE may include certain files ("Redistributables") intended for distribution by you to the users of programs you create. In any event, the Redistributables for the SOFTWARE are only those files specifically designated as such by FOGSOFT. Subject to all of the terms and conditions in this DLA, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the SOFTWARE or the copy transferred to a single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing application programs permitted under this DLA that you have created using the SOFTWARE. Under no circumstances may any copies of Redistributables be distributed separately.

REDISTRIBUTABLES

The following files are considered redistributables under this DLA:

• FogSoft.Infrastructure.Utils.dll
• FogSoft.MonoReport.dll
• log4net.dll
• LOG4NET LICENSE.txt
• NOTICE.txt

YOU ARE NOT AUTHORIZED TO REDISTRIBUTE ANY OTHER FILE CONTAINED IN THE SOFTWARE.

COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, demos, source code if provided, intermediate files, packages, photographs, distributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE the accompanying printed materials, and any copies of the SOFTWARE) are owned by FOGSOFT or its subsidiaries. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE (as stated in the Rights clause) provided you keep the original solely for backup or archival purposes.

INSTALLATION AND USES

The license granted in this DLA for you to create your own compiled programs and distributes your programs and the Redistributables (if any), is subject to all of the following conditions:

1. You may not remove or alter any FOGSOFT copyright, trademark or other proprietary rights notice contained in any portion of FOGSOFT libraries, source code if provided, Redistributables or other files that bear such a notice;
2. FOGSOFT provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the SOFTWARE, and you will remain solely responsible to anyone receiving your programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact FOGSOFT for such services or assistance;
3. You will indemnify and hold FOGSOFT its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your programs;
4. Your programs containing SOFTWARE must be written using a licensed, registered copy of the SOFTWARE;
5. Your programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries, code, Redistributables or other files of the SOFTWARE;
6. You may not use FOGSOFT’s or any of its supplier’s names, logos, or trademarks to market your programs.

TERMINATION

Without prejudice to any other rights or remedies, FOGSOFT will terminate this DLA upon your failure to comply with all the terms and conditions of this DLA. In such events, you must destroy all copies of the SOFTWARE and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in the SOFTWARE developed by you, whether in native, altered or compiled state.

LIMITED WARRANTY

NO WARRANTIES. FOGSOFT expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. To the maximum extent permitted by applicable law, in no event shall FOGSOFT be liable for any special, incidental, indirect, or consequential damages whatsoever (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 SOFTWARE or the provision of or failure to provide Support Services, even if FOGSOFT has been advised of the possibility of such damages.

GENERAL PROVISIONS

This DLA may only be modified in writing signed by you and an authorized officer of FOGSOFT. If any provision of this DLA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

You, as the DEVELOPER, agree and ascend to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply.In addition, you, as DEVELOPER, agree that any local law(s) to the benefit and protection of FOGSOFT ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply. IF CONDITION OF THIS LICENSE DISAGREES WITH LOCAL LAW(S), THAN YOU CAN NOT USE SOFTWARE.

GOVERNING LAW

This Agreement shall be deemed executed in court of arbitration in Yaroslavl, The Russian Federation and shall be governed by and construed in accordance with the laws of The Russian Federation, without regard to choice of law or conflict of law principles. For purposes of enforcement of arbitration awards, equitable relief, or if for any other reason litigation is permissible under this agreement, each party hereby irrevocably agrees to the exclusive personal jurisdiction and venue of any court located in Cook County, Illinois.

MISCELLANEOUS

FOGSOFT reserves all rights in the SOFTWARE not specifically granted in this DLA.

This license is subject to change without notice in future updates to the SOFTWARE.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Copyright © 2008 FogSoft, Inc.