Ext JS - JavaScript Library

Ext JS Commercial Software License Agreement  Version 1.4    THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN EXT JS, INC. ("We," "Us")   AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW   ("You") IN RELATION TO THE EXT JAVASCRIPT SOFTWARE (THE "Software"), IN BOTH SOURCE AND OBJECT   CODE FORM, AND/OR ALL RELATED MATERIALS. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE   USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH   ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING,   COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE SOFTWARE IS   PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER   INTELLECTUAL PROPERTY LAWS AND TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.    THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE AND ITS COMPONENTS.    We, Ext JS, Inc., grant You a non-exclusive, non-transferable license to the Software solely   as set forth in sections 1(a), 1(b), 1(c), or 1(d), as applicable, and subject to the terms and   conditions of this License Agreement.    1. OWNERSHIP, LICENSE GRANT    This is a license agreement and not an agreement for sale. We reserve ownership of all   intellectual property rights inherent in or relating to the Software, which include, but are   not limited to, all copyright, patent rights, all rights in relation to registered and   unregistered trademarks (including service marks), confidential information (including trade   secrets and know-how) and all rights other than those expressly granted by this Agreement.       a. Developer License:           Subject to the payment of the fee required for a Commercial Developer License and subject      to the terms and conditions of this License Agreement, We grant to You a revocable, non-     transferable and non-exclusive license (i) for a single developer within Your organization      to install and use the Software on any workstations used exclusively by such developer and      (ii) for You to install and use the Software in connection with unlimited domains and sub-     domains on unlimited servers, solely in connection with distribution of the Software in      accordance with sections 3 and 4 below. This license is not sublicensable except as      explicitly set forth herein.       b. Team License:       Subject to the payment of the fee required for a Commercial Developer License and subject      to the terms and conditions of this License Agreement, We grant to You a revocable, non-     transferable and non-exclusive license (i) for up to five (5) developers within Your      organization to install and use the Software on any workstations used exclusively by such      developers and (ii) for You to install and use the Software in connection with unlimited      domains and sub-domains on unlimited servers, solely in connection with distribution of      the Software in accordance with sections 3 and 4 below. This license is not sub-licensable      except as explicitly set forth herein.       c. Workgroup License:       Subject to the payment of the fee required for a Commercial Developer License and subject      to the terms and conditions of this License Agreement, We grant to You a revocable, non-     transferable and non-exclusive license (i) for up to twenty five (25) developers within      Your organization to install and use the Software on any workstations used exclusively by      such developers and (ii) for You to install and use the Software in connection with      unlimited domains and sub-domains on unlimited servers, solely in connection with      distribution of the Software in accordance with sections 3 and 4 below. This license is not      sub-licensable except as explicitly set forth herein.       d. Enterprise License:       Subject to the payment of the fee required for a Commercial Developer License and subject      to the terms and conditions of this License Agreement, We grant to You a revocable, non-     transferable and non-exclusive license (i) for up to one hundred (100) developers within     Your organization to install and use the Software on any workstations used exclusively by      such developers and (ii) for You to install and use the Software in connection with      unlimited domains and sub-domains on unlimited servers, solely in connection with      distribution of the Software in accordance with sections 3 and 4 below. This license is not     sub-licensable except as explicitly set forth herein.    2. PERMITTED USES, SOURCE CODE, MODIFICATIONS    We provide You with source code so that You can create Modifications of the original Software,   where Modification means: a) any addition to or deletion from the contents of a file included   in the original Software or previous Modifications created by You, or b) any new file that   contains any part of the original Software or previous Modifications.  While You retain all   rights to any original work authored by You as part of the Modifications, We continue to own   all copyright and other intellectual property rights in the Software.    3. DISTRIBUTION    You may distribute the Software in any applications, frameworks, or elements that you develop   using the Software in accordance with this License Agreement, provided that such distribution   does not violate the restrictions set forth in section 4 of this agreement.  You must not   remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark,   warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection   with the Software.    You are required to ensure that the Software is not reused by or with any applications other   than those with which You distribute it as permitted herein. For example, if You install the   Software on a customer's server, that customer is not permitted to use the Software independently   of Your application, and must be informed as such.     You will not owe Ext JS, INC. any royalties for Your distribution of the Software in accordance   with this License Agreement.    4. PROHIBITED USES    You may not, without prior written consent of Ext JS, INC., redistribute the Software or   Modifications other than by including the Software or a portion thereof within Your own product,   which must have substantially different functionality than the Software or Modifications and   must not allow any third party to use the Software or Modifications, or any portions thereof,   for software development purposes. You are explicitly not allowed to redistribute the Software   or Modifications as part of any product that can be described as a development toolkit or   library or is intended for use by software developers and not end-users. You are not allowed to   redistribute any part of the Software documentation.    You may not: a) use any part of the Software or Modifications or Your knowledge of the Software   (or any information that You learn as a result of Your use of the Software) to create a product   with the same or substantially the same functionality as the Software; b) transfer, rent, lease,   or sublicense the Software or Modifications, or any portions thereof; c) change or remove the   copyright notice from any of the files included in the Software or Modifications.    UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOURCE CODE   THEREOF) AS THE BASIS FOR OR IN CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY   THE SAME, FUNCTIONALITY AS THE SOFTWARE.    5. TERMINATION    This License Agreement and Your right to use the Software and Modifications will terminate   immediately without notice if You fail to comply with the terms and conditions of this License   Agreement. Upon termination, You agree to immediately cease using and destroy the Software or   Modifications, including all accompanying documents.  The provisions of sections 4, 5, 6, 7,   and 8 will survive any termination of this License Agreement.    6. DISCLAIMER OF WARRANTIES    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXT JS, INC., AND ITS SUPPLIERS DISCLAIM ALL   WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED   WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT,   WITH REGARD TO THE SOFTWARE.  EXT JS, INC., DOES NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE   WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE   FOR EXT JS, INC., TO DO SO.    7. LIMITATION OF LIABILITIES    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EXT JS, INC., OR ITS SUPPLIERS   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 LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE   SOFTWARE, EVEN IF EXT JS, INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE,   EXT JS, INC'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO   THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR FIVE ($5.00) DOLLARS (USD).    8. MISCELLANEOUS    The license granted herein applies only to the version of the Software downloaded or installed   in connection with the terms of this Agreement. Any previous or subsequent license granted to   You for use of the Software shall be governed by the terms and conditions of the agreement   entered in connection with downloading or installation of that version of the Software.    You agree that you will comply with all applicable laws and regulations with respect to the   Software, including without limitation all export and re-export control laws and regulations.      While redistributing the Software or Modifications thereof, You may choose to offer acceptance   of support, warranty, indemnity, or other liability obligations and/or rights consistent with   this Agreement. However, in accepting such obligations, You may act only on Your own behalf and   on Your sole responsibility, not on our behalf.  You agree to indemnify, defend, and hold Us   harmless from and against any liability incurred by, or claims asserted against, Us by reason of   Your accepting any such support, warranty, indemnity or additional liability.    You agree to be identified as a customer of ours and You agree that We may refer to You by   name, trade name and trademark, if applicable, and may briefly describe Your business in our   marketing materials and web site.    You may not assign this License Agreement without the prior written consent of Ext JS, INC.    This License Agreement will inure to the benefit of the successors and assigns of Ext JS, INC.    You acknowledge that this License Agreement is complete and is the exclusive representation of   our agreement. No oral or written information given by Us or on our behalf shall create a warranty   or collateral contract, or in any way increase the scope of this License Agreement in any way, and   You may not rely on any such oral or written information.     If any provision in this License Agreement shall be determined to be invalid, such provision shall   be deemed omitted; the remainder of this License Agreement shall continue in full force and effect.    This License Agreement may be modified only by a written instrument signed by an authorized   representative of each party.     This Agreement is governed by the law of the State of California, United States (notwithstanding   conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the courts   of the State of California and further agree to commence any litigation which may arise hereunder in the   state or federal courts located in the judicial district of Santa Clara County, California, US.    If the Software or any related documentation is licensed to the U.S. government or any agency   thereof, it will be deemed to be "commercial computer software" or "commercial computer software   documentation," pursuant to SFAR Section 227.7202 and FAR Section 12.212.  Any use of the Software   or related documentation by the U.S. government will be governed solely by the terms of this   License Agreement.