ExtendCart Personal Use and Evaluation License (PUEL)
This license applies if you download the ExtendCart SDK demo from ExtendCart.com.
In summary, the ExtendCart PUEL allows you to use ExtendCart SDK free of charge
* for personal use or, alternatively,
* for product evaluation.
ExtendCart PUEL terms and conditions
License version 1, February 2013
ExtendCart, LLC ("ExtendCart") IS WILLING TO LICENSE THE PRODUCT (AS DEFINED IN � 1 BELOW) TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS ExtendCart PERSONAL USE AND EVALUATION LICENSE AGREEMENT ("AGREEMENT"). PLEASE READ THE AGREEMENT CAREFULLY. BY DOWNLOADING OR INSTALLING THIS PRODUCT, YOU ACCEPT THE FULL TERMS OF THIS AGREEMENT.
IF YOU ARE AGREEING TO THIS LICENSE ON BEHALF OF AN ENTITY OTHER THAN AN INDIVIDUAL PERSON, YOU REPRESENT THAT YOU ARE BINDING AND HAVE THE RIGHT TO BIND THE ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
I. Subject of Agreement. "Product", as referred to in this Agreement, shall be the software package "ExtendCart SDK," which Product allows for creating applications for Flash, Andoird and iOS containing a Live ExtendCart TV Channel. The Product consists of libraries, source code and executable files in machine code for the Android, iOS, Windows and Mac operating systems as well as other data files as required by the library files at run-time and documentation in electronic form. The Product includes all documentation and updates provided to You by ExtendCart under this Agreement and the terms of this Agreement will apply to all such documentation and updates unless a different license is provided with an update or documentation.
II. Grant of license. (1) ExtendCart grants you a personal, non-exclusive, non-transferable, limited license without fees to reproduce, install, execute, and use internally the Product a Host Computer for your Personal Use, Educational Use, or Evaluation. "Personal Use" requires that you use the Product on the same Host Computer where you installed it yourself and that no more than one client connect to that Host Computer at a time for the purpose of streaming the Live TV channel. "Educational use" is any use in an academic institution (schools, colleges and universities, by teachers and students). "Evaluation" means testing the Product for a reasonable period (that is, normally for a few weeks); after expiry of that term, you are no longer permitted to evaluate the Product.
(2) The "ExtendCart Libraries" are a set of libraries and utilities that are shipped as a subset of the Product for the purpose of being installed inside a mobile device. In addition to and independent of the rights granted by subsection 1, ExtendCart allows you to install, execute, copy and redistribute a) unmodified copies of the jar installation medium the ExtendCart Android SDK with the Product.
(3) Restrictions and Reservation of Rights. (1) Any use beyond the provisions of � 2 is prohibited. The Product and copies thereof provided to you under this Agreement are copyrighted and licensed, not sold, to you by ExtendCart. ExtendCart reserves all copyrights and other intellectual property rights. This includes, but is not limited to, the right to modify, make available or public, rent out, lease, lend or otherwise distribute the Product. This does not apply as far as applicable law may require otherwise or if ExtendCart grants you additional rights of use in a separate agreement in writing.
(4) You may not do any of the following: (a) modify the Product. However if the documentation accompanying Product lists specific portions of Product, such as header files, class libraries, reference source code, and/or redistributable files, that may be handled differently, you may do so only as provided in the documentation; (b) rent, lease, lend or encumber the Product; (c) remove or alter any proprietary legends or notices contained in the Product; or (d) decompile, or reverse engineer the Product.
(5) The Product is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility and ExtendCart and its licensors disclaim any express or implied warranty of fitness for such uses.
(6) No right, title or interest in or to any trademark, service mark, logo or trade name of ExtendCart or its licensors is granted under this Agreement.
(7) Termination. The Agreement is effective on the Date you receive the Product and remains effective until terminated. Your rights under this Agreement will terminate immediately without notice from ExtendCart if you materially breach it or take any action in derogation of ExtendCart's and/or its licensors' rights to Product. ExtendCart may terminate this Agreement should any Product become, or in ExtendCart's reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, Product and confirm compliance in writing to ExtendCart. Sections 3-9, inclusive, will survive termination of the Agreement.
(8) Disclaimer of Warranty. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, ExtendCart PROVIDES THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The entire risk as to the quality and performance of the Product is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction. In addition, ExtendCart shall be allowed to provide updates to the Product in urgent cases. You are then obliged to install such updates. Such an urgent case includes, but is not limited to, a claim of rights to the Product by a third party.
(9) Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL ExtendCart OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE PRODUCT, EVEN IF ExtendCart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will ExtendCart's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Product under this Agreement. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
(10) Third Party Code. Portions of Product may be provided with notices and open source licenses from communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations You may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this Agreement will apply to all the Product.
(11) Export Regulations. All Product, documents, technical data, and any other materials delivered under this Agreement are subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with these laws and regulations and acknowledge that you have the responsibility to obtain any licenses to export, re-export, or import as may be required after delivery to you.
(12) U.S. Government Restricted Rights. If Product is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Product and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
(13) Miscellaneous. This Agreement is the entire agreement between you and ExtendCart relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. Course of dealing and other standard business conditions of the parties or the industry shall not apply. You agree to resolve any disputes under the International Dispute Resolution Procedures of the American Arbitration Association in Orange County, California.