Accept License Agreement

Telerik radControls MCMS Edition
End User License Agreement

By installing the product identified above and/or its related materials, you are accepting the following License Agreement. Check the box "I have read and agree to the License Agreement" if you agree.

IMPORTANT – READ CAREFULLY: This license agreement (“LICENSE”) is a legal agreement between you (either an individual or a single entity, also referred to as "LICENSEE", "YOU") and Telerik Corp., ("TELERIK"), for the product "radControls suite MCMS Edition" or “radEditor MCMS Premium Edition” which include computer software, associated media, printed materials, and "online" or electronic documentation (collectively referred to as “SOFTWARE”).

Any earlier license we may have granted to you for the use of earlier versions of the SOFTWARE is replaced by this LICENSE.

This license does not apply to Internet Service Provides (ISP). If your entity is an ISP, please, contact the TELERIK sales team (sales@telerik.com) for a special ISP license agreement.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties and contains confidential information and trade secrets. TELERIK retains all rights not expressly granted to you in this LICENSE.

This SOFTWARE is licensed for use only in conjunction with Microsoft Content Management Server 2002 (MCMS).

DEFINITIONS

CMS User/User seat – an individual user who has access to the administrative (content management) capabilities of MCMS through a unique username and password.
Site visitor – an individual who can access only the public (published) part of web-sites, created with MCMS. Such users do not have username and password for access to the administrative capabilities MCMS.
Development Machine – a computer used for custom development or testing of the SOFTWARE, before it is deployed on the Production Server. The copy of the SOFTWARE installed on the Development Machine may be accessed only by the CMS Users.
Production Server – a computer used for the final deployment of the SOFTWARE. The Production Server must be managed exclusively by the Licensee. Both CMS Users and Site Visitors are allowed to access the SOFTWARE deployed on the Production Server.
CPU – the central processing unit of the Production Server.

1. GRANT OF LICENSE

TELERIK hereby grants to you, and you accept, a non-exclusive, non-transferable license to install, copy, and use the SOFTWARE only as authorized below.

Server Subscription License
You are granted 1 (one) Server License. The Server License allows you to deploy the SOFTWARE on 1 individual Production Server (regardless of the number of its CPUs). For each additional Production Server you need to purchase individual Server Licenses.

In addition, you are entitled to receive all version updates of the SOFTWARE until Dec 31^st, 2007. On Jan 1st, 2008 TELERIK will cease releasing updates and will discontinue the product.

As part of your license you are entitled to "Gold" Support Package, which guarantees response within 24 hours. This dedicated support service will be available until Dec 31^st 2008. On Jan 1^st, 2009 TELERIK will cease to offer dedicated support for the SOFTWARE.

Enterprise Subscription License
Under this license the SOFTWARE is licensed per business entity. You may install and use the SOFTWARE on an unlimited number of Production Servers, as long as they are managed exclusively by you. You may also use the SOFTWARE on an unlimited number of Development Machines for the sole purpose of custom development and testing.

In addition, you are entitled to receive all version updates of the SOFTWARE until Dec 31^st, 2007. On Jan 1st, 2008 TELERIK will cease releasing updates and will discontinue the product.

Enterprise Subscription Plus Source Code License

You are granted 1 Enterprise Subscription License as defined above. In addition, you are entitled to receive the source code of the SOFTWARE. As part of the license you are granted the right to view and modify the SOFTWARE's source code only as authorized below:

The SOFTWARE's source code is provided to the licensed developer for the sole purposes of education and troubleshooting. The SOFTWARE's source code cannot be used as a basis of development of derivative works or other software products.
Under no circumstances may any portion of the SOFTWARE’s source code or any modified version of the source code be distributed, disclosed or otherwise made available to any third party.
TELERIK DOES NOT provide technical support for modified source code.
The SOFTWARE’s source code is provided as is. Refunds are not available for licenses that include source code.
In the event you develop any troubleshooting-related modifications of the SOFTWARE, either independently or jointly with TELERIK, such modifications and all rights associated therewith will be the exclusive property of TELERIK. You are granted the right to use such modifications as set forth in this agreement.
You acknowledge that the SOFTWARE’s source code contains valuable and proprietary trade secrets of TELERIK. All individuals employed by or belonging to your entity agree to expend every effort to insure its confidentiality. You agree to assume full responsibility for such employees’ or contractors’ use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on TELERIK information, or approved in writing for release by TELERIK without restriction.

Trial License:

You are granted a license for evaluation purposes only. You are authorized to install, copy, and use the SOFTWARE for the sole purpose of testing its functionality.

You are also allowed to obtain a 30-day trial license key, which will remove the copyright message and will let you access the SOFTWARE by domain name, IP address, or server name.

As part of your license you are entitled to "Bronze" Support Package, which guarantees response within 72 hours.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

· You can distribute the SOFTWARE only as an integral part of your own solutions(s) (“YOUR SOFTWARE”). YOUR SOFTWARE must add significant and primary functionality to the SOFTWARE.

· YOUR SOFTWARE may not, in the reasonable opinion of TELERIK, compete with the SOFTWARE, or any other TELERIK product.

· You ensure that the SOFTWARE is not distributed in any form that allows it to be reused by any application other than YOUR SOFTWARE.

· You do not wrap or distribute the SOFTWARE in a model, component, or other derivative that can be used for development purposes on any application, tool, environment or container.

· Your END-USERS are not allowed to use the SOFTWARE for development purposes or further redistribution and deployment.

· You are not allowed to resell, transfer, rent, lease, or sublicense the SOFTWARE and your associated rights.

· You are not allowed to disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of SOFTWARE provided in object code form only.

· You are not allowed to use, copy, modify, or merge copies of the SOFTWARE and any accompanying documents except as permitted in this LICENSE.

· You may not use the TELERIK product names, logos or trademarks to market YOUR SOFTWARE.

· You agree to indemnify, hold harmless, and defend TELERIK and its resellers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of your software product.

3. DELIVERY

TELERIK shall deliver to LICENSEE a master copy of the SOFTWARE licensed hereunder in electronic files only. Documentation shall also be provided in electronic format

4. UPGRADES

You are eligible for free minor upgrades (e.g. v.1.5 to v.1.8), patches, and bug-fixes for the SOFTWARE. SOFTWARE labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this LICENSE.

5. TERMINATION

This LICENSE shall last as long as you use the SOFTWARE in compliance with this LICENSE. TELERIK may terminate this LICENSE if you fail to comply with any of the terms and conditions herein. In such event you agree to remove and destroy all copies of the SOFTWARE, as well as all copies that have been integrated in other products.

6. COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, and any trademarks or service marks of TELERIK are owned by TELERIK. All title and intellectual property rights in and to the content that may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This LICENSE grants you no rights to use such content.

7. LIMITED WARRANTY
TELERIK warrants solely that the SOFTWARE will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days. TELERIK does not warrant the use of the SOFTWARE will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) LICENSEE's failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the SOFTWARE by any person or entity other than TELERIK. In the event of a breach of warranty, LICENSEE 's sole and exclusive remedy, is repair of all or any portion of the SOFTWARE. If such remedy fails of its essential purpose, LICENSEE 's sole remedy and TELERIK's maximum liability shall be a refund of the paid purchase price for the defective SOFTWARE only. This limited warranty is only valid if TELERIK receives written notice of breach of warranty within thirty days after the warranty period expires.

8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TELERIK BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. IN ANY CASE, TELERIK'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE LICENSE FEES LICENSEE PAID TO TELERIK FOR THE PRODUCT GIVING RISE TO SUCH DAMAGES, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. TELERIK IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT. ANY DATA INCLUDED IN A PRODUCT UPON SHIPMENT FROM TELERIK IS FOR TESTING USE ONLY AND TELERIK HEREBY DISCLAIMS ANY AND ALL LIABILITY ARISING THEREFROM. THE EXTENT OF TELERIK'S LIABILITY FOR THE LIMITED WARRANTY SECTION SHALL BE AS SET FORTH THEREIN.

9. MISCELLANEOUS
This License will be governed by the law of the State of Massachusetts, U.S.A. If any provision of this LICENSE is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this LICENSE shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.

This License represents the entire understanding between the parties with respect to its subject matter.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE PRODUCT, BY LOADING OR RUNNING THE SOFTWARE PRODUCT, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT'S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES