LINB Software License Agreement Version 1.0 This License Agreement is a legal agreement between you (either an individual or a single entity) and linb.net (we, us) for the software product identified below, which includes computer software and may include associated media, printed or electronic documentation and online services, hereafter referred to as Software. By installing, copying, or otherwise using the Software, you are agreeing to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, you are not authorized to use this software. The software is protected by international copyright laws, as well as other intellectual property laws and treaties. The software is licensed, not sold. 1. SOFTWARE DESCRIPTION This license agreement refers to: jsLINB and/or Visual JavaScript - Developer Commercial License 2. OWNERSHIP, LICENSE GRANT This is a license agreement and not an agreement for sale. We continue to own all intellectual property rights inherent in or relating to the Software, which include, but are not limited to, all copyright, patent rights, all rights in relation to registered and unregistered trademarks (including service marks), confidential information (including trade secrets and know-how) and all rights other than those expressly granted by this Agreement. We grant to you a limited, non-transferable and non-exclusive right to use, copy and modify the Software. And we retain all rights not expressly granted to you in this Agreement. 3. PERMITTED USES, SOURCE CODE, MODIFICATIONS We provide you with a source code so that you can create Modifications of the original Software, where Modification means: a) any addition to or deletion from the contents of a file included into the original Software or previous Modification or b) any new file that contains any part of the original Software or previous Modifications. Any such Modifications and all rights associated therewith will be the exclusive property of us and your rights to the Modifications will be limited to those granted by this Agreement with regard to the original Software. You hereby assign all right, title and interest in and to such Modifications to us and agree to secure all necessary rights and obligations from relevant employees, or third parties in order to satisfy the above obligations. 4.DISTRIBUTION AND ROYALTIES This agreement entitles you to the royalty free distribution of Software in any applications, frameworks, or elements developed using the Software, which do not violate restrictions set in section 5 of this agreement. Client side elements of the Software are licensed royalty free. The license fee covers the use of client side elements in design time. No additional license fees must be paid to distribute applications, frameworks, or elements developed using the Software. Server side elements of the Software are licensed deployment free. The license fee covers the use of server side elements of the software in design time. No additional license fees must be paid to deploy applications, frameworks, or elements developed using the Software. 5. PROHIBITED USES You may not, without prior written consent of Active Widgets, redistribute the Software or Modifications other than including its parts or as a whole into your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the included parts of the Software or Modifications for the software development purposes. You are explicitly not allowed redistributing the Software or Modifications as part of the product, which can be described as a development toolkit or library and which is intended for use by software developers and not end-users. You are not allowed to redistribute any part of the Software documentation. You may not: a) use any part of the Software or Modifications or your knowledge of the Software to create a product with the same or substantially the same functionality as the Software; b) transfer, rent, lease, or sublicense the Software or Modifications; c) change or remove the copyright notice from any of the files included into the original Software or Modifications. 6. TERMINATION This Agreement and Your right to use the Software and Modifications will terminate immediately without notice if You fail to comply with the terms and conditions of this Agreement. Upon termination, You agree to immediately cease using and destroy the Software or Modifications, including all accompanying documents. 7. DISCLAIMER OF WARRANTIES Unless required by applicable law or agreed to in writing, the Software is provided on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Software or Modifications and assume any risks associated with your exercise of permissions under this Agreement. 8. LIMITATION OF LIABILITIES In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall we be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or out of the use or inability to use the Software or Modifications (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if we have been advised of the possibility of such damages. 9. MISCELLANEOUS While redistributing the Software or Modifications thereof, you may choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this Agreement. However, in accepting such obligations, you may act only on your own behalf and on your sole responsibility, not on our behalf, and only if you agree to indemnify, defend, and hold us harmless for any liability incurred by, or claims asserted against, us by reason of your accepting any such warranty or additional liability. You acknowledge that this License Agreement is complete and is the exclusive representation of our agreement. No oral or written information given by Us or on our behalf shall create a warranty or collateral contract, or in any way increase the scope of this License Agreement in any way, and You may not rely on any such oral or written information.