End User License Agreement

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 TouchZoom, FSI ThumbBar, FSI QuickZoom, FSI Pages, FSI Viewer (Flash), FSI Pages (Flash), FSI Pages mobile, FSI Pages Converter, FSI Showcase

“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 addendum A and are made part of and incorporated by reference into this agreement. The individual licenses listed in addendum A are part of each software package.

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, April 29, 2016

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
License: 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 Viewer JS

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