License Agreement

End-User License Agreement (EULA) for Brecons Tag Helper.

End-User License Agreement (EULA)
Brecons Tag Helper

Bremus Solutions, represented by Timm Bremus Pestalozzistr. 3A 55543 Bad Kreuznach, Germany

Brecons Tag Helper Copyright © 2016 – 2018 Bremus Solutions

Last revised January, 2018

END-USER LICENSE AGREEMENT FOR ALL BRECONS TAG HELPER PRODUCT(S) INCLUDED IN THIS DISTRIBUTION

IMPORTANT - PLEASE READ THIS END-USER LICENSE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE DOWNLOADING OR USING THE BRECONS TAG HELPER PRODUCT(S) INCLUDED IN THIS DISTRIBUTION/INSTALLATION.

This Bremus Solutions AGREEMENT constitutes a legally binding agreement between you or the business and/or entity which you represent ("You" or "LICENSEE") and BREMUS SOLUTIONS for all BRECONS products, frameworks, widgets, source code, demos, intermediate files, media, printed materials, and documentation included in this distribution/installation.

By purchasing, installing, copying, or otherwise using the BRECONS PRODUCT(S), you acknowledge that you have read this AGREEMENT and you agree to be bound by its terms and conditions. If you are representing a business and/or entity, you acknowledge that you have the legal authority to bind the business and/or entity you are representing to all the terms and conditions of this AGREEMENT.

If you do not agree to any of the terms and conditions of this AGREEMENT or if you do not have the legal authority to bind the business and/or entity you are representing to any of the terms and conditions of this AGREEMENT, DO NOT INSTALL, COPY, USE, EVALUATE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE BRECONS PRODUCT(S).

All BRECONS PRODUCTS are licensed, not sold.

§1 GRANT OF LICENSE

Subject to all the terms and conditions of this AGREEMENT, BREMUS SOLUTIONS grants LICENSEE a non-exclusive, non-transferable license to install and use the BRECONS PRODUCT(S) included in this distribution as authorized in sections 1.1 through 1.4 below:

§1.1 INDIVIDUAL USE LICENSE

If you are an individual, you may install, copy, and use the BRECONS PRODUCT(S) by purchasing a license for the current major version of the BRECONS PRODUCT(S) from BREMUS SOLUTIONS or its authorized resellers, in accordance with Section 9 of this AGREEMENT.

§1.2 BUSINESS AND GOVERNMENT USE LICENSE

BREMUS SOLUTIONS licenses the BRECONS PRODUCT(S) on a per-application basis. If you represent a business and/or entity, you or your employees may install, copy, and use the BRECONS PRODUCT(S) by purchasing a license for the current major version of the BRECONS PRODUCT(S) from BREMUS SOLUTIONS or its authorized resellers for each application using the BRECONS PRODUCT(S), in accordance with Section 9 of this AGREEMENT. The number of licensed applications using the BRECONS PRODUCT(S) must equal or be less than the number of licenses purchased from BREMUS SOLUTIONS or its authorized resellers.

§1.3 COMPLIMENTARY USE LICENSE

If the BRECONS PRODUCT(S) you have obtained is marked as "COMPLIMENTARY" or "FREE", you may install and use the BRECONS PRODUCT(S). BREMUS SOLUTIONS reserves the right to discontinue at its discretion and without advance notice, the availability of COMPLIMENTARY or FREE versions of the BRECONS PRODUCT(S) or its constituent parts at any time.

§1.4 THIRTY (30) DAY EVALUATION (TRIAL) USE LICENSE

If the BRECONS PRODUCT(S) you have obtained is marked as a "TRIAL" or "EVALUATION," you may install one copy of the BRECONS PRODUCT(S) for evaluation purposes only, for a period of 30 calendar days from the date of installation ("EVALUATION PERIOD"). Upon expiration of the EVALUATION PERIOD, the BRECONS PRODUCT(S) must be uninstalled and all copies destroyed.

You MAY NOT CREATE applications or begin software projects using the BRECONS PRODUCT(S) under the terms of the THIRTY (30) DAY EVALUATION (TRIAL) USE LICENSE.

You MAY NOT REDISTRIBUTE files in the BRECONS PRODUCT(S) distribution if using an evaluation or trial version of the BRECONS PRODUCT(S).

§1.5 PRE-RELEASE SOFTWARE

BRECONS PRODUCT(S) marked as PRE-RELEASE (including but not limited to the designation of Alpha, Beta, Community Technology Preview "CTP", or Release Candidate "RC") may contain deficiencies and as such, should not be considered for use or integrated in any mission critical application.

BREMUS SOLUTIONS may, at its sole discretion, discontinue availability of the PRE-RELEASE software, limit or modify PRE-RELEASE software functionality, or eliminate SUPPORT SERVICES for the PRE-RELEASE software at any time. For a complete description of PRE-RELEASE software states, refer to the following webpage: https://www.brecons.net/documentation/home/prerelease.

§2 LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY

You may not reverse engineer, decompile, create derivative works or disassemble the BRECONS PRODUCT(S). If the BRECONS PRODUCT(S) is purchased by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any BREMUS SOLUTIONS intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist and any PRODUCT(S) created as a result shall be judged illegal by definition. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.

§3 SEPARATION OF COMPONENTS

The BRECONS PRODUCT(S) is licensed as a single PRODUCT(S). The BRECONS PRODUCT(S) and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled or separated for use on more than one computer, nor placed for distribution, sale, or resale as individual creations by LICENSEE. The provision of source code, if included with the BRECONS PRODUCT(S), does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all source code and intellectual property will be prosecuted to the fullest extent of all applicable local, federal and international laws. All BREMUS SOLUTIONS libraries, source code, redistributables and other files remain BREMUS SOLUTIONS's exclusive property. You may not distribute any files, except those that BREMUS SOLUTIONS has expressly designated as REDISTRIBUTABLE(S).

§4 RENTAL

You may not rent, lease, or lend the BRECONS PRODUCT(S).

§5 TRANSFER

You may NOT permanently or temporarily transfer ANY of your rights under this AGREEMENT to any individual or business or government entity without prior written approval from BREMUS SOLUTIONS. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your programs, under no circumstances may the libraries, Redistributables, and/or files included in the BRECONS PRODUCT(S) (including any portions thereof) be used for developing programs by anyone other than you. Only you as the LICENSEE have the right to use the libraries, redistributables, or other files of the BRECONS PRODUCT(S) (or any portions thereof) for developing programs created with the BRECONS PRODUCT(S). You may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any BREMUS SOLUTIONS documentation without the permission of BREMUS SOLUTIONS.

§6 REDISTRIBUTION

The BRECONS PRODUCT(S) may include certain files ("REDISTRIBUTABLE(s)") intended for distribution by you to the users of software applications which you create. Redistributables include, for example, those files identified in printed or on-line documentation as redistributable files or those files preselected for deployment by an install utility provided with the BRECONS PRODUCT(S) (if any). In all circumstances, the REDISTRIBUTABLES for the BRECONS PRODUCT(S) are only those files specifically designated as such by BREMUS SOLUTIONS.

AT NO TIME MAY LICENSEE CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH ANY BREMUS SOLUTIONS PRODUCT(S), INCLUDING BUT NOT LIMITED TO THE BRECONS PRODUCT(S), BY UTILIZING ALL OR ANY PORTION OF THE BREMUS SOLUTIONS BRECONS PRODUCT(S).

Distribution by the LICENSEE of any design-time tools (EXE's or DLL's), executables, and source code distributed to LICENSEE by BREMUS SOLUTIONS as part of this BRECONS PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The LICENSEE shall not develop software applications that provide an application programming interface to the BRECONS PRODUCT(S) or the BRECONS PRODUCT(S) as modified.

The LICENSEE may NOT distribute the BRECONS PRODUCT(S), in any format, to others for development or application compilation purposes.

If you have purchased a per-application license as described in Section 9 of this AGREEMENT, or have obtained a COMPLIMENTARY USE LICENSE as described in Section 1.3 of this AGREEMENT, you may reproduce and distribute copies of the REDISTRIBUTABLES, provided that such copies are made from the original copy of the REDISTRIBUTABLES included with the BRECONS PRODUCT(S) or modified versions of the REDISTRIBUTABLES which are provided to you by BREMUS SOLUTIONS or those which you create. Copies of REDISTRIBUTABLES may only be distributed with and for the sole purpose of executing application programs permitted under this AGREEMENT that you have created using the BRECONS PRODUCT(S).

A complete list of REDISTRIBUTABLES under this AGREEMENT is available upon request.

LICENSEE MAY NOT REDISTRIBUTE any files in the BRECONS PRODUCT(S) distribution if using an evaluation, trial, Not for Resale, or demo version of the BRECONS PRODUCT(S).

§7 COPYRIGHT

All title and copyrights in and to the BRECONS PRODUCT(S) (including but not limited to any BREMUS SOLUTIONS trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the BRECONS PRODUCT(S) the accompanying printed materials, and any copies of the BRECONS PRODUCT(S)) are owned by BREMUS SOLUTIONS or its subsidiaries.

The BRECONS PRODUCT(S) is protected by copyright laws and international treaty provisions and therefore, you must treat the BRECONS PRODUCT(S) like any other copyrighted material except that you may install and use the BRECONS PRODUCT(S) as described in this AGREEMENT.

§8 OPEN SOURCE LIBRARIES

The following open source libraries are used and included within this BRECONS PRODUCT(S):

  • .NET Standard (MIT License)
    Copyright (c) .NET Foundation and Contributors
    https://dot.net
  • ASP.NET (Apache License, Version 2.0)
    Copyright (c) .NET Foundation and Contributors
    https://asp.net
  • Brecons Tag Helper (Apache License, Version 2.0)
    Copyright © Bremus Solutions
    https://github.com/brecons/brecons-tag-helper
  • Dynamic Linq (Apache License, Version 2.0)
    Copyright (c) 2016 Stef Heyenrath
    https://github.com/StefH/System.Linq.Dynamic.Core

Where applicable, BREMUS SOLUTIONS may also include a “NOTICE” file to highlight the open source dependencies of certain documentation, sample source code, and other demo projects.

The open source libraries included in the BRECONS PRODUCT(S) are done so pursuant to each individual open source library license and subject to the disclaimers and limitations on liability set forth in each open source library license.

§9 PER-APPLICATION LICENSE AND UPDATES

BREMUS SOLUTIONS licenses the BRECONS PRODUCT(S) on a per-application license basis. A per-application license is valid for one end-product developed by the LICENSEE. LICENSEE will be eligible to receive all minor and release updates for the BRECONS PRODUCT(S) for unlimited period and when available. If a new major version of the BRECONS PRODUCT(S) will released and the LICENSEE will want to use it, the LICENSEE have purchase a new license of the BRECONS PRODUCT(S) from BREMUS SOLUTIONS.

If the BRECONS PRODUCT(S) is labeled as an update, you must be properly licensed to obtain the updated BRECONS PRODUCT(S). A BRECONS PRODUCT(S) labeled as an update replaces and/or supplements the BRECONS PRODUCT(S) that formed the basis for your eligibility for the update, and together constitutes a single PRODUCT(S). You may only use the updated PRODUCT(S) in accordance with all the terms of this AGREEMENT.

Pricing for the per-application BRECONS PRODUCT(S) licenses and any subsequent renewal of the support subscription are listed on brecons.net and subject to change with or without notice.

BREMUS SOLUTIONS reserves the right to discontinue the BRECONS PRODUCT(S) or its constituents, at any time.

§10 DOWNLOAD of BRECONS PRODUCT(S)

The BRECONS PRODUCT(S) will be made available for download from brecons.net exclusively.

§11 EXPORT RESTRICTIONS

BREMUS SOLUTIONS expressly complies with all export restrictions imposed by the government of Germany. You, as LICENSEE, must agree not to export or re-export the BRECONS PRODUCT(S) within any created application to any country, person, entity or end user subject to Germany export restrictions. You warrant and represent that neither the German customs nor any other federal agency has suspended, revoked or denied your export privileges.

§12 DISCLAIMER OF WARRANTY

BREMUS SOLUTIONS expressly disclaims any warranty for the BRECONS PRODUCT(S). THE BRECONS PRODUCT(S) AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BREMUS SOLUTIONS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE BRECONS PRODUCT(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE BRECONS PRODUCT(S) REMAINS WITH YOU. No oral or written information or advice given by BREMUS SOLUTIONS or its employees shall create a warranty or in any way increase the scope of this warranty.

§13 LIMITATIONS ON LIABILITY

To the maximum extent permitted by applicable law, in no event shall BREMUS SOLUTIONS be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the BRECONS PRODUCT(S) or the provision of or failure to provide SUPPORT SERVICES, even if BREMUS SOLUTIONS has been advised of the possibility of such damages.

LICENSEE understands that the BRECONS PRODUCT(S) may produce inaccurate results because of a failure or fault within the BRECONS PRODUCT(S) or failure by LICENSEE to properly use and or deploy the BRECONS PRODUCT(S). LICENSEE assumes full and sole responsibility for any use of the BRECONS PRODUCT(S), and bears the entire risk for failures or faults within the BRECONS PRODUCT(S). You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND BREMUS SOLUTIONS'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL BREMUS SOLUTIONS'S LIABILITY EXCEED THE PRICE PAID TO BREMUS SOLUTIONS FOR THE BRECONS PRODUCT(S). This Limited Warranty is void if failure of the BRECONS PRODUCT(S) has resulted from accident, abuse, alteration, unauthorized use or misapplication of the BRECONS PRODUCT(S).

§14 INDEMNIFICATION

You hereby agree to indemnify BREMUS SOLUTIONS and its officers, directors, employees, agents, and representatives from each and every demand, claim, loss, liability, or damage of any kind, including actual attorney's fees, whether in tort or contract, that it or any of them may incur by reason of, or arising out of, any claim which is made by any third party with respect to any breach or violation of this AGREEMENT by you or any claims based on the Applications and the BRECONS PRODUCT(S) included herein, including without limitation any claims asserted by your end user customers.

§16 SUPPORT SUBSCRIPTION

BREMUS SOLUTIONS offers you a SUPPORT SUBSCRIPTION, which you can purchase together with the BRECONS PRODUCT(S). Use of SUPPORT SUBSCRIPTION is governed by BREMUS SOLUTIONS policies and programs described in the user manual, in "on line" documentation and/or other BREMUS SOLUTIONS provided materials. BREMUS SOLUTIONS may restrict or otherwise discontinue SUPPORT SUBSCRIPTION provided to you if your use of SUPPORT SUBSCRIPTION is deemed by BREMUS SOLUTIONS, in its sole and reasonable discretion, to be excessive and beyond the scope of fair use.

Any supplemental BRECONS PRODUCT(S) provided to you as part of the SUPPORT SUBSCRIPTION shall be considered part of the BRECONS PRODUCT(S) and subject to the terms and conditions of this AGREEMENT. With respect to technical information you provide to BREMUS SOLUTIONS as part of the SUPPORT SUBSCRIPTION, BREMUS SOLUTIONS may use such information for its business purposes, including for BRECONS PRODUCT(S) support and development.

§17 TERMINATION

Without prejudice to any other rights or remedies, BREMUS SOLUTIONS will terminate this AGREEMENT upon your failure to comply with all the terms and conditions of this AGREEMENT. In such events, LICENSEE must destroy all copies of the BRECONS PRODUCT(S) and all of its component parts including any related documentation, and must remove ANY and ALL use of BREMUS SOLUTIONS intellectual property from any applications distributed by LICENSEE, whether in native, altered or compiled states.

§18 TAX

BREMUS SOLUTIONS delivers its software electronically and does not collect usually sales or use tax for residents outside of Germany in which it operates. You should confirm that your local, state, or federal government does not impose any sales or use tax on electronically delivered software. You are entirely liable for any such sales or use tax. Exceptions are explicitly made before the order process, but at the latest on the invoice.

§19 PERSONAL DATA

All Information BREMUS SOLUTIONS collects from you is stored and maintained on servers utilizing reasonable and appropriate data security safeguards. BREMUS SOLUTIONS does not lend, lease, sell, or market information it obtains from its customers or those who provide us personally identifiable information. BREMUS SOLUTIONS does not disclose purchase information or licensing information to third parties.

BREMUS SOLUTIONS collects personally identifiable information whenever you purchase/license a BREMUS SOLUTIONS product or service. Information includes Name, Address, Phone Number, Email address, Payment Information, Product Purchases, Licenses Owned, Employee/Contact Details, etc. The information we collect allows BREMUS SOLUTIONS to communicate with you regarding upcoming product updates, new product releases, company news and other important business matters.

BREMUS SOLUTIONS does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary materials and information from you through the use of the BRECONS PRODUCT(S) or SUPPORT SUBSCRIPTION(S). Any and all materials, attachments, or information submitted by you as part of error submissions, or divulged during chats, online discussions, Support Center submissions, or made available to BREMUS SOLUTIONS in any manner will be deemed NOT to be confidential by BREMUS SOLUTIONS. You acknowledge that submissions to BREMUS SOLUTIONS will not be considered confidential or proprietary and that BREMUS SOLUTIONS will be under no obligation to keep such information confidential.

Your election to use the BRECONS PRODUCT(S) indicates your acceptance of the terms of this AGREEMENT. You are responsible for maintaining confidentiality of your username, password and other sensitive information. You are responsible for all activities that occur in your user account and in case of any unauthorized activity on your account, you agree to inform BREMUS SOLUTIONS immediately by any method listed on the BREMUS SOLUTIONS website’s contact page. BREMUS SOLUTIONS is not responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your user account, or otherwise.

BREMUS SOLUTIONS may disclose or report Confidential Information in limited circumstances where it believes in good faith that disclosure is required under the law. For example, BREMUS SOLUTIONS may be required to disclose Confidential Information to cooperate with regulators or law enforcement authorities, to comply with a legal process such as a court order, subpoena, search warrant, or a law enforcement request. Additionally, if the ownership of all or substantially all of our business changes or we otherwise transfer assets relating to our business or the BRECONS PRODUCT(S) to a third party, such as by merger, acquisition, bankruptcy proceeding or otherwise, we may transfer or sell your personal information to the new owner. In such a case, unless permitted otherwise by applicable law, your information would remain subject to the promises made in the applicable privacy policy unless you agree differently.

§20 UI FRAMEWORK

A BRECONS PRODUCT(S) is based on a UI FRAMEWORK provided by a supplier. This UI FRAMEWORK will be shipped with the BRECONS PRODUCT(S) in a package if required. BREMUS SOLUTIONS has nothing to do with the development, maintenance and service of the UI FRAMEWORKS and disclaims any responsibility for such a product. It is possible that the UI Framework is inferior to its own license terms. For this please contact the supplier of the UI FRAMEWORK(S) directly. We expressly point out that we have no influence on errors in the UI FRAMEWORK(S). We rely on the cooperation of the supplier and trust that it solves recognized problems immediately.

THE UI FRAMEWORK(S) AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. BREMUS SOLUTIONS DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE UI FRAMEWORK(S) IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE UI FRAMEWORK(S) REMAINS WITH YOU. No oral or written information or advice given by BREMUS SOLUTIONS or its employees shall create a warranty or in any way increase the scope of this warranty.

§21 MISCELLANEOUS

This AGREEMENT shall be construed, interpreted and governed by the laws of the Federal Republic of Germany. This AGREEMENT gives you specific legal rights; you may have others that vary from state to state and from country to country.

This AGREEMENT may only be modified in writing signed by you and an authorized officer of BREMUS SOLUTIONS. If any provision of this AGREEMENT is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited Warranty shall remain in effect.

BREMUS SOLUTIONS reserves all rights not specifically granted in this AGREEMENT.

Should you have any questions concerning this AGREEMENT, contact us directly in Germany at +49 (671) 970 868 81, or write: BREMUS SOLUTIONS, represented by Timm Bremus, Pestalozzistr. 3A, 55543 Bad Kreuznach, Germany.

All trademarks and registered trademarks are property of their respective owners.

The place of jurisdiction and place of performance for all claims and liabilities arising from this agreement is exclusively the registered office of BREMUS SOLUTIONS, represented by Timm Bremus, Pestalozzistr. 3A, 55543 Bad Kreuznach, Germany.

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