DONTs and DOsThe following points are NOT a substitute for reading the entire agreement below, but they do provide a convenient summary of what you may and may not do with Elgrint and the associated products and services, including the Widgets from our Store:
- We don't want to get sued over copyright issues and neither do you, right? So do not compile any source code that doesn't belong to you, unless the owner of the code approved such usage. FYI, you may compile any publically displayed code on our website and any code you (legally) got from our Store.
- Likewise, do not re-sell any of the widgets you got from our Store. The widgets are licensed to you, not sold.
- We want our products to help people, not harm them. So please do not create apps that serve some illegal, dangerous, or "evil" purpose, such as: malware, spam, porn, illegal gambling, racism, violence, or anything that is likely to kill people if your app malfunctions, for example if your app is intended to control an airplane, a surgical robot, a nuclear reactor, etc.
- We want to provide you with the best service we can. To achieve this we need to be in complete control over our products and services. So do not hack, disassemble, or reverse-engineer our website, products and services, as well as the apps you created using them, and don't permit others to do any of the above.
- It is important for us to know how many people use our products. So do not re-sell or re-distribute the products that you got from us, including the source code from our Store (that code is licensed to you, not sold), unless explicitly permitted otherwise. Let others get our products, including the source code, directly from us. After all, some of this code might well be yours.
- Make as many apps as you want by compiling your source code (or any code that you are permitted to compile) for any commercial or non-commercial purpose, except as listed above.
- Distribute or sell the compiled apps you made any way you want, as long as it's legal.
- Share your own source code (not the one you got from us) any way you want. You can also submit it to our Store - then you may even get something in return for your efforts.
- If you're making an app for a client, you can share the source code you got from our Store with the client, providing that the code isn't distributed further or displayed publicly.
- You can modify any source code that you got from us, except for the header files of the Elgrint library itself (doing that will likely damage the library).
- Help us make our products and services better. For any error you find or any useful suggestion you make, you receive credit points. You can use these points to purchase our products and services, and more.
Developer License Agreement
1. Acceptance of Terms
1.1. The following terms and conditions constitute an Agreement between Miranor and You. PLEASE READ THIS AGREEMENT CAREFULLY.
1.2. The Agreement applies to the Elgrint software and to all the files and services that accompany or are associated with this software, including, but not limited to, compiled libraries, archives, and executables, textual source code files, and graphic and audio media files (the "Products"), as well as any means for using or accessing these files, whether by downloading them or by using them remotely via the Cloud Compilation Service or other services provided by Miranor (the "Services"). The terms of this Agreement shall also apply to any updates and supplements of the Products.
1.3. The Cloud Compilation Service enables You to create executable files on the Miranor servers, and to download them to your local computer or equivalent personal device, or any storage device associated with or connect to said computer or equivalent device (the "Workstation"). The Services are made available to you via the Miranor's website, located at the www.miranor.com domain, and any connected and associated domains and servers (the "Website").
1.4. You may download the Products to your Workstation only as expressly permitted by the Website's user interface. The downloadable Products include, without limitations, source code examples, media examples, compiled example apps and utility programs, source code contributed by other developers or other third parties, media files contributed by other developers or other third parties, and the core software, composed of the Elgrint header files and the compiled binary libraries and archives, as well as any associated files and programs, including a copy of this Agreement (the "Software Package"). The copy of the Agreement included in the Software Package is the one that appears on the Website at the time the Software Package is downloaded (the "Effective Agreement").
1.5. You must accept this Agreement as instructed by the Website, in order to use the Products and Services.
1.6. Notwithstanding the foregoing, BY DOWNLOADING AND/OR USING THE PRODUCTS AND/OR SERVICES, YOU ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT ACCEPT THEM, THEN DO NOT DOWNLOAD AND/OR USE THE PRODUCTS AND SERVICES, OR IF YOU HAVE ALREADY DOWNLOADED ANY PRODUCT, THEN DO NOT USE IT AND DESTROY ALL COPIES OF IT ON YOUR WORKSTATION.
1.7. Miranor reserves the right to change the Agreement that appears on the Website (the "Current Agreement") at any time and in any way without notice. In case of any differences between the Effective Agreement and the Current Agreement, the Effective Agreement shall prevail, unless otherwise expressly stated in the Effective Agreement itself.
2. Limited License
2.1. The Products and Services are provided to You for the sole purpose of developing brand new or derived software and/or media products in a form of compilable text files (the "Source Code"), graphic, textual, or audio files (the "Media"), or compiled autonomous executables (the "Apps"), or any similar products, collectively referred to as "New Work". No other usage of the Miranor Products and Services is permitted or implied.
2.2. You may download and use any number of Products at Your Workstation. You may create additional copies for backup purposes. You agree to reproduce any copyright and other proprietary right notices on any such copy.
2.3. Miranor grants You a non-exclusive, non-transferable, and limited license to download and/or use the Products and Services for the purposes of evaluation and/or for creating New Work, within the limits specified by this Agreement.
2.4. Source Code: Miranor grants You a non-exclusive, non-transferable, and limited license to view and/or modify the provided source code portions of the Products internally for the purposes of evaluation, and/or for creating New Work. Any source code, which is part of any Product, including, but not limited to the Software Package, shall not be transferred, in part or in whole, to any third party.
2.5. Notwithstanding the foregoing, any source code which is part of the Software Package MAY NOT BE MODIFIED IN ANY WAY.
2.6. Media: Miranor grants You a non-exclusive, non-transferable, and limited license to use the media portions (graphic images, video and audio files, etc.) of the Products internally for the purposes of evaluation, and/or as auxiliary additions to the New Work. No other usage of the Media is allowed or implied. The Media can be transferred to third parties only as the integral part of the complete Apps created by You, with additional limitation, as specified by this Agreement.
2.6. Binary Code: Miranor grants You a non-exclusive, non-transferable, and limited license to use the binary code portions (compiled libraries, archives, or executables) of the Products internally for the purposes of evaluation, and/or for creating New Work. No other usage of the Binary Code is allowed or implied. The Binary Code can be transferred to third parties only as the integral part of the complete Apps created by You, with additional limitation, as specified by this Agreement.
2.7. Cloud Compilation Service: Miranor grants You a non-exclusive, non-transferable, and limited license to use the Cloud Compilation Service for the purposes of evaluation, and also for creating New Work by compiling the source code that was created by You. You may also use the Source Code portions of the Products, including examples that appear in the Elgrint's technical documentation and publically displayed on the website, in the Cloud Compilation Service. You MAY NOT compile any source code created by a third party, unless expressly allowed doing so by the said third party under any applicable license or law.
2.8. No licenses are granted to You for any other purpose, except those that are expressly provided by this Agreement. You MAY NOT sell, rent, loan, distribute, or otherwise encumber or transfer the Products and the Services in whole or in part, to any third party, except as expressly permitted by this Agreement. No right, title, or interest in or to the Products and Services, any trademarks, service marks, or trade names related to the Products or Services is granted under this Agreement.
2.9. The Software Package is "Confidential Information". You may not disclose or use Confidential Information, except for the purposes specified in this Agreement. You will protect the Confidential Information with the same degree of care, as You use to protect Your own Confidential Information.
2.10. Except as otherwise provided by law, You may not modify, reverse engineer, disassemble, or decompile the Binary Code portions of the Products, or of any App created using the Products and Services, or otherw1ise attempt to derive the source code from such portions. If any part of the Binary Code is transferred to a third party as part of a compiled App, You must require the said third party not to modify, reverse engineer, disassemble, or decompile the said App as well, in order to protect the transferred portions of the Binary Code.
2.11. Except as otherwise provided by law, You may not use the Services other than explicitly intended by the Miranor website's user interface. Some areas and functions of the website have restricted access. You may not attempt to override or circumvent or bypass these restrictions in any way other than as expressly authorized by the website's interface and Elgrint's technical documentation.
2.12. You may use third party source code for developing Apps using the Products and the Services, unless such usage violates or infringes upon this Agreement, or any agreement between You and the said third party, or any applicable law. This Agreement does not override or diminish any obligation You have toward any third party.
3.1. Miranor is under no obligation to provide support for the Products or the Services, or to provide You with updates or error corrections ("Product Updates"). If Miranor, at its sole option, supplies Product Updates to You, the Product Updates will be considered part of the original Product, and subject to the terms of this Agreement.
3.2. In order to use the Products and Services, You must meet certain hardware and software requirements ("Equipment"), as described in the technical documentation, including, but not limited to, a third party C++ compiler (unless you are using Cloud Compilation Service). Miranor does not endorse any third party Equipment, nor does it provide support for the said Equipment. Although Miranor may suggest certain Equipment for Your convenience, such suggestion shall not be viewed as an endorsement of any particular Equipment. Miranor disclaims its right or ownership of, or connection to the suggested Equipment, unless explicitly stated otherwise. Any trademark mentioned as part of said suggestion is the property of its respective owners.
3.3. You agree that it is Your full responsibility to acquire, support, and maintain the Equipment, including paying all the relevant fees and charges. This Agreement does not supersede or affect any agreement between You and the owners or distributers of the Equipment.
4. Duration and Termination of the Agreement
4.1. This Agreement will commence on the date on which You download any of the Products, or start using any of the Services, and will continue indefinitely until terminated as provided herein.
4.2. Miranor reserves the right to terminate this Agreement immediately should any part of the Products and Services become, or, in Miranor's sole opinion, be likely to become the subject of a claim of infringement of a patent, trade secret, or copyright.
4.3. Miranor reserves the right to terminate this Agreement immediately should You materially breach any of the Agreement's provisions or take any action in derogation of Miranor's rights to the Confidential Information licensed to You.
4.4. You have the right to terminate the Agreement at any moment for any reason or for no reason at all, by giving a written notice to Miranor.
4.5. Upon termination of this Agreement for any of the reasons herein, You will immediately cease use of all the Products and Services, and destroy all the copies of the downloaded Products from Your Workstation.
4.6. Rights and obligations under this Agreement which by their nature should survive, will remain in effect after termination hereof.
5. Disclaimer of Warranty and Limitation of Liability
5.1. THE LICENSED PRODUCTS AND SERVICES ARE PROVIDED "AS IS". ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5.2. You acknowledge that the Products and Services may contain errors and are not designed, licensed, or intended for use in the design, construction, operation, or maintenance of any High Risk Activity, including, but not limited to, the operation of a nuclear facility. Miranor disclaims any express or implied warranty of fitness for such uses. You represent and warrant to Miranor that You will not use, distribute or license the Products or Services for any High Risk Activity.
5.3. You acknowledge that the Products and Services are experimental and may have defects or deficiencies, which cannot or will not be corrected by Miranor. You will hold Miranor harmless from any claims based on Your use of the Products and Services for any purpose, and from any claims that later versions or releases of any Products and Services furnished to You are incompatible with the Products and Services provided to You under this Agreement.
5.4. To the extent not prohibited by law, in no event will Miranor be liable for any indirect, punitive, special, incidental or consequential damage in connection with or arising out of this Agreement (including loss of business, revenue, profits, use, data or other economic advantage), however it arises, whether for breach or in tort, even if Miranor has been previously advised of the possibility of such damage.
6. Miscellaneous Terms
6.1. Any action relating to or arising out of this Agreement will be governed by the Law of the state of Israel. The U.N. Convention for the International Sale of Goods and the choice of law rules of any jurisdiction will not apply.
6.2. The Products and Services, and any technical data delivered under this Agreement are subject to Israeli export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that You have the responsibility to obtain such licenses to export, re-export or import as may be required after delivery to You.
6.3. It is understood and agreed that, notwithstanding any other provision of this Agreement, Your breach of this Agreement will cause Miranor irreparable damage for which recovery of money damages would be inadequate, and that Miranor will therefore be entitled to seek timely injunctive relief to protect its rights under this Agreement in addition to any and all remedies available by law.
6.4. Neither party may assign or otherwise transfer any of its rights or obligations under this Agreement, without the prior written consent of the other party, with the exception that Miranor may assign this Agreement to an affiliated company.
6.5. If any part of this Agreement is held invalid, unenforceable, or illegal for any reason, and is therefore removed, the remaining parts of the Agreement shall remain in full force.
This Agreement was last modified on: June 6th, 2014.