Smart HTML Elements END USER LICENSE AGREEMENT
IMPORTANT NOTE
Please read this END USER LICENSE AGREEMENT carefully before downloading or using any portion of the Software. If you do not read and agree to be bound by the terms and conditions defined in this document, you are not permitted to use the Software or any portion of it.DEFINITIONS
The following definitions apply to the terms and conditions included in this EULA. The term “Software” means the Smart HTML Elements JavaScript SDK, its modules, components, all program files, source code, examples, media, and documentation which are part of the Software package, as well as any portion of them. The term “Author” means jQWidgets Ltd.TERMS OF AGREEMENT
This is a legal agreement between you and the Author of the Software. By downloading or using the Software, you are consenting to be bound by this agreement. This Agreement sets forth the entire agreement between parties and supersedes all prior written and oral agreements or communications, negotiations, representations, and promises between them. If you do not agree to all provisions of this agreement you may not use the Software for any purposes. If any provision of this agreement is invalid or unenforceable under applicable law, the remaining provisions of this agreement will remain valid and fully enforceable. The Author grants you nonexclusive license to use the Software for designing, developing, testing, and deploying applications and websites you create. You must acquire a license for the Software directly from the Author or its authorized resellers. If your website or product has no commercial intent and does not generate any direct or indirect revenue you may acquire a license without paying a fee. For all other cases you must purchase a commercial license of the Software. The terms of this agreement apply to both commercial and non-commercial licenses. The Software is copyrighted and protected by copyright laws and international treaties. You cannot sublicense the Software unless you obtain explicit permission from the Author through an OEM license contract. All rights not expressly granted by this agreement are reserved.REDISTRIBUTABLE MODULES
The Software includes redistributable files (“redistributable modules”) intended for distribution by you to the end users of the products and websites you create. The redistributable modules include all JavaScript, CSS and image files that are part of the Software. Subject to all provisions and conditions of this EULA, you may distribute and include the redistributable modules in your products and websites, provided that all redistributable modules are made of the original redistributable modules included in the Software or modified versions provided by the Author or modified by you. You must ensure that all JavaScript files contained in the redistributable modules are redistributed or deployed to production in minified (obfuscated) format and contain all trademark and copyright markings.ROYALTY-FREE LICENSING
The “Author” does not charge royalty fees. Subject to all provisions and conditions of this EULA, you may distribute royalty-free copies the redistributable modules of the Software with your applications, products and websites.TRIAL VERSION RESTRICTIONS
The author provides free trial versions of the Software. The trial versions are fully functional. You are allowed to download and use the trial versions only for evaluation purposes and for a limited time (30 days). The trial version should not be used for any purposes except for evaluation.INTELLECTUAL PROPERTY
All intellectual property rights such as but not limited to patents, trademarks, copyrights or trade secret rights related to the Software are property of the Author. You shall not modify, translate, reverse engineer, un-minify, decompile or disassemble the Software or any portion of it or attempt to derive source code or create derivative works. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices related to the Software. You must not remove copyright headers, links and markings from any files included in the Software. You must obtain a permission by the Author if you need to incorporate the Software or any portions of it in open source projects.ARTIFICIAL INTELLIGENCE AND TEXT AND DATA MINING
You may not, and may not permit or assist any third party to: use the Software, or any portion of it, including its source code, documentation, examples and demos, to train, fine-tune, evaluate, benchmark or otherwise improve an AI System; include the Software, or any portion of it, in any dataset, corpus, embedding store, vector index or retrieval system that is used by or offered to an AI System, except as expressly permitted in the paragraph below; use an AI System to reproduce, translate, port or re-implement the Software, or any portion of it, for the purpose of creating a substitute for the Software, or to generate a product or service that substantially substitutes for the Software; or carry out Text and Data Mining on the Software.You may use AI-based coding assistants in the ordinary course of developing your own applications with the Software, including by giving an assistant access to your project files and to the Software's documentation, provided that: (a) you use the assistant under terms, settings or configurations under which the material you provide is not used to train, fine-tune or otherwise improve AI Systems; and (b) you use the assistant's output only in connection with your own applications and only as permitted by this Agreement. For the avoidance of doubt, this permission does not authorize the use of an AI System to reproduce, port, translate or re-implement the Software itself, or any portion of it, for the purpose of creating a substitute for the Software.
In accordance with Article 4(3) of Directive (EU) 2019/790, and with any equivalent provision of other applicable law, the Author expressly reserves all rights of reproduction and extraction of the Software for the purposes of Text and Data Mining. This reservation applies to everyone, whether or not they have accepted this Agreement, to the extent permitted by applicable law. The reservation is also expressed in machine-readable form in the header of the Software files and on the Author's website through the TDM Reservation Protocol, including tdmrep.json and TDM-reservation metadata, and through robots.txt.
NON-COMPETE
You are not allowed to use any portion of the Software in any products that fully or partially resemble the functionality of the Software or otherwise compete with the Software. You are not allowed to use the Software in any products or solutions offering reusable user interface components to end users, developers and third parties without express written permission by the Author.DISCLAIMER OF WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR OWN RISK AND THAT THE SOFTWARE IS PROVIDED “AS IS” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER. THE AUTHOR EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGMENT. THE AUTHOR DOES NOT WARRANT THAT THE SOFTWARE AND ITS FUNCTIONALITY, RELIABILITY AND PERFORMANCE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE USE AND THE RESULTS OBTAINED FROM THE SOFTWARE. YOU UNDERSTAND THAT THE SOFTWARE MAY PRODUCE INACCURATE OR INCOMPLETE RESULTS BECAUSE OF ERRORS WITHIN THE SOFTWARE OR FAILURES BY YOU TO PROPERLY USE THE SOFTWARE. YOU ASSUME FULL RESPONSIBILITY FOR ANY USE OF THE SOFTWARE AND BEAR THE ENTIRE RISK FOR SUCH ERROR AND FAILURES. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, LOSS OF PRIVACY OR OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF THE FORM OF ACTION, THE AUTHOR’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAYABLE BY YOU UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.DOWNLOAD OF THE SOFTWARE
Genuine copies of the Software are available for download exclusively and only from the Author’s web site. If you obtain the Software from another source we encourage you to avoid using it, replace it with a copy from the Author’s web site, and notify the Author. If you want to encourage others to use the Software you may do so by providing a link to the Author’s web site.LICENSES INCLUDING SOURCE CODE
In some cases you may purchase licenses which include the source code of the Software. The source code contains the non-minified original JavaScript, HTML & CSS files of the Software. The source code of the Software is an important intellectual property of the Author. Purchasing a license with source code does not constitute transfer of any IP rights or legal ownership to the Software or its source code. You may use the source code of the Software according to the following conditions:– You may examine, debug and introduce modifications to the Software and its source code in order to provide better integration with your web sites, applications or other products. You may incorporate the original or modified version of the Software within your products but only in minified (obfuscated) format.
– You are not allowed to distribute, share, disclose or otherwise make available any portion of the original or modified and non-minified Software source code to end users or other third parties.
– You agree not to use the Software and/or its source code to plan, design or develop products, libraries or other derivative products that resemble or compete with the Software.