NeptuneLabs Software
END-USER LICENSE AGREEMENT

between

NeptuneLabs GmbH
Lagesche Str. 32
D- 32657 Lemgo 
Germany

hereinafter referred to as "NeptuneLabs"

and the "end user".


I. DEFINITIONS
"NeptuneLabs Software" shall mean the following software products: FSI Server, 
FSI Cache, FSI Administrator, FSI Viewer, FSI Pages, FSI Pages mobile, FSI Pages 
Converter, FSI Showcase, FSI Spin360, FSI TouchZoom, FSI ImageFlow, FSI 
QuickZoom

"License" shall mean the terms and conditions for use, reproduction, and 
distribution as defined by Sections 1 through 11 of this document.

"Legal Entity" shall mean the union of the acting entity and all other entities 
that control, are controlled by, or are under common control with that entity. 
For the purposes of this definition, "control" means (i) the power, direct or 
indirect, to cause the direction or management of such entity, whether by 
contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the 
outstanding shares, or (iii) beneficial ownership of such entity.

"End-User" or "you" shall mean an individual or Legal Entity exercising 
permissions granted by this License.

THESE LICENSE TERMS ARE AN AGREEMENT BETWEEN NEPTUNELABS AND YOU. PLEASE READ 
THEM CAREFULLY. THEY APPLY TO NEPTUNELABS SOFTWARE AS DESCRIBED ABOVE AS WELL AS 
TO ANY UPDATES, SUPPLEMENTS, CUSTOMIZATIONS AND SUPPORT SERVICES FOR THIS 
SOFTWARE, UNLESS OTHER TERMS ACCOMPANY THOSE ITEMS. IF SO, THOSE TERMS APPLY. BY 
USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT 
USE THE SOFTWARE AND PROMPTLY RETURN THE SOFTWARE AS WELL AS ANY ACCOMPANYING 
ITEMS (INCLUDING WRITTEN MATERIALS AND BINDERS OR OTHER CONTAINERS) TO THE PLACE 
YOU OBTAINED THEM FOR A FULL REFUND.

II. GRANT OF LICENSE
This NeptuneLabs license agreement (license) permits you to use one copy of the 
software acquired with this license on one (1) computer or one (1) 
virtual/simulated computer you purchased the software license for. You may only 
use the software if it is properly licensed. Unlicensed use is expressly 
forbidden except for evaluation purposes according to section IV.

III. COPYRIGHT
The software is licensed, not sold, to you. The software has entirely been 
developed and is owned by NeptuneLabs. This software is protected by copyright 
laws, international treaty provisions, and other national laws. Therefore, you 
must treat the software like any other copyrighted material (e.g. a book) except 
that you are entitled to either:

(a) make one copy of the software solely for backup or archival purposes,

(b) or transfer the software to a single hard disk provided you keep the 
original solely for backup or archival purposes.

Product manual(s) or other written materials accompanying the software – in 
whole or part - are subject to copyright as well and may not be copied without 
prior written consent from NeptuneLabs.

Sample images that ship with NeptuneLabs software are not licensed to you and 
remain property of their respective copyright owners. Please refer to the IPTC 
data (Metadata => IPTC Copyright Notice) of the images for information on the 
copyright.

IV. EVALUATION MODE
You may use NeptuneLabs software without a valid license for evaluation purposes 
only. Without a valid license key NeptuneLabs software runs in evaluation mode 
and may have limited functionality.

V. OTHER RESTRICTIONS
You may not rent or lease the software, but you may transfer your rights under 
this license agreement on a permanent basis provided you transfer all copies of 
the software and all written materials, and the recipient agrees to the terms of 
this agreement. You may not reverse engineer, decompile or disassemble the 
software. Any transfer must include the most recent update and all prior 
versions.

VI. UPDATE AND CROSS-UPDATE LICENSES
Upon setting up an update or cross-update license you are obliged and agree to 
uninstalling any previous version of the software that entitled you for the 
update or cross-update within a period of 3 months after registering the update 
license.

VII. THIRD PARTY SOFTWARE NOTICES
NeptuneLabs software may contain third party software or certain components 
bundled with the software are provided by third parties. Such third party 
software and components are subject to additional terms and conditions which can 
be reviewed in the thirdparty.txt file of the software setup and are made part 
of and incorporated by reference into this agreement.

VIII. WARRANTIES
NEPTUNELABS MAKES NO WARRANTIES TO YOU IN CONNECTION WITH THIS LICENSE, 
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS 
FOR A PARTICULAR PURPOSE. NEPTUNELABS IS NOT AWARE OF ANY RIGHTS OF THIRD 
PARTIES WHICH WOULD OPPOSE THE REGULAR USE OF NEPTUNELABS SOFTWARE. NEPTUNELABS 
IS NOT LIABLE FOR THE SOFTWARE BEING FREE OF RIGHTS OF THIRD PARTIES. 
NEPTUNELABS WARRANTS TO YOU THAT THE SOFTWARE WILL PERFORM AS DESCRIBED IN THE 
SOFTWARE USER MANUAL FOR A PERIOD OF 12 MONTH BEGINNING FROM THE DAY OF 
PURCHASE. IN CASE THE SOFTWARE DOES NOT PERFORM AS WARRANTED ABOVE THE LIABILITY 
OF NEPTUNELABS AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED, AT NEPTUNELABS 
OPTION, TO EITHER THE REPLACEMENT OF THE SOFTWARE OR THE REFUND OF THE LICENSE 
FEE PAID TO NEPTUNELABS FOR THE SOFTWARE WHEREUPON THE LICENSE TO SUCH SOFTWARE 
SHALL AUTOMATICALLY TERMINATE.

IX. NO LIABILITY FOR CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL NEPTUNELABS OR ITS SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES 
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, 
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) 
ARISING OUT OF THE USE OF OR INABILITY TO USE THIS PRODUCT, EVEN IF NEPTUNELABS 
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEPTUNELABS AGGREGATE 
LIABILITY AND THAT OF ITS AFFILIATES AND SUPPLIERS UNDER OR IN CONNECTION WITH 
THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID FOR THE SOFTWARE, IF ANY. 
THIS LIMITATION WILL APPLY EVEN IN THE EVENT OF A FUNDAMENTAL OR MATERIAL BREACH 
OR A BREACH OF THE FUNDAMENTAL OR MATERIAL TERMS OF THIS AGREEMENT.

X. APPLICABLE LAW AND VENUE
Any disputes and claims arising from this agreement which involve NeptuneLabs 
shall be settled in accordance with German law and legal action shall be brought 
before the venue of NeptuneLabs, which is Amtsgericht Detmold in Detmold, 
Germany.

XI. SEVERABILITY
If any term of provision hereof is invalid or unenforceable, (a) the remaining 
terms and provisions hereof shall be unimpaired and (b) such invalid or 
unenforceable term or provision shall be replaced with a term or provision that 
is valid and enforceable and that comes closest to expressing the intention of 
the invalid or unenforceable term or provision. The same shall apply in the case 
of an omission.


NeptuneLabs GmbH, May 13, 2013



Addendum A - Third Party Software
This addendum lists third party code contained in NeptuneLabs Software.


a) FSI Server

Components: Apache log4j,  HTTP Components, Commons Compress, Commons Logging, Commons IO, Commons FileUpload, Commons Codec
License: The Apache Software Foundation - Apache License, Version 2.0 
http://www.apache.org/licenses/LICENSE-2.0

Component: Axis2
License: The Apache Software Foundation – Various Licenses – [Setup Path]/WEB-INF/licences/axis2/

Component: Freemarker
License: BSD License - [Setup Path]/WEB-INF/licences/freemarker/LICENSE.txt

Component: JAI
License: Java Distribution License (JDL) - https://jai.dev.java.net/jdl-jai.pdf

Components: JQuery, Dynatree, Accordion, JCrop. TableDnD. jQuery Context Menu Plugin, jQuery Cookie plugin
License: MIT License - [Setup Path]WEB-INF/licences/jquery/LICENSE.txt

Component: SILK ICONS 
License: Creative Commons Attribution 2.5 license - Mark James - http://creativecommons.org/licenses/by/2.5/ and [Setup Path]/WEB-INF/licences/jquery/cca.txt

Components: Range Class, Slider, Timer Class: 
License: Erik Arvidsson - Apache License, Version 2.0 - http://www.apache.org/licenses/LICENSE-2.0

Components: Color Quantizer NeuQuant
Licence: Anthony Dekker - [Setup Path]WEB-INF/licences/misc/neuquant.txt


b) FSI Cache

Components: Apache log4j,  HTTP Components,  Commons Logging, Commons Lang, Commons IO, Commons Collections, Commons Codec, Uncommons Maths
License: The Apache Software Foundation - Apache License, Version 2.0 
http://www.apache.org/licenses/LICENSE-2.0

Component: Axis2
License: The Apache Software Foundation – Various Licenses – [Setup Path]/WEB-INF/licences/axis2/

Component: H2
License: Mozilla Public License 1.1 - [Setup Path]/WEB-INF/licences/h2database/license.html

Component: Freemarker
License: BSD License - [Setup Path]/WEB-INF/licences/freemarker/LICENSE.txt


c) FSI Administrator

Components: Apache log4j,  HTTP Components,  Commons Logging, Commons Lang, Commons IO, Commons Collections, Commons Codec, Uncommons Maths
License: The Apache Software Foundation - Apache License, Version 2.0 
http://www.apache.org/licenses/LICENSE-2.0

Component: Axis2
License: The Apache Software Foundation – Various Licenses – [Setup Path]/WEB-INF/licences/axis2/

Component: H2
License: Mozilla Public License 1.1 - [Setup Path]/WEB-INF/licences/h2database/license.html

Component: Freemarker
License: BSD License - [Setup Path]/WEB-INF/licences/freemarker/LICENSE.txt


 
d) FSI Pages mobile

Component: Sencha Touch
License: Sencha Touch Commercial License - http://www.sencha.com/store/touch/license.php


e) FSI Spin360

Component: three.js
License: MIT License - [Setup Path]WEB-INF/licences/three/LICENSE.txt


