End User License Agreement (EULA)
Last updated: 2017-10-07
IMPORTANT - PLEASE READ THIS END-USER LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE DOWNLOAD OR USE ANY SOFTWARE INCLUDED IN THIS DISTRIBUTION/INSTALLATION.
This agreement constitutes a legally binding agreement between you or the company which you represent ("You" or "LICENSEE") AND SERENITY YAZILIM ("SERENITY" or "LICENSOR") for all SERENITY products, source code, demos, documentation and other materials included in this distribution/installation ("SOFTWARE").
By purchasing, installing, copying, or otherwise using the SOFTWARE, you acknowledge that you have read this AGREEMENT and you agree to be bound by its terms and conditions. If you are representing a company, you acknowledge that you have the legal authority to bind the company 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 company 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 SOFTWARE.
1. GRANT OF LICENSE.
Subject to all the terms and conditions of this AGREEMENT, SERENITY grants LICENSEE a non-exclusive, non-transferable license to install and use the SOFTWARE included in this distribution as authorized in sections 1.1 through 1.3 below:
1.1 PERSONAL USE LICENSE.
If you are an individual, you may install, copy, and use the SOFTWARE by purchasing a 3/6/12 month subscription from SERENITY or its authorized resellers, in accordance with Section 9 of this AGREEMENT.
1.2 BUSINESS AND GOVERNMENT USE LICENSE.
SERENITY licenses the SOFTWARE on a per-developer basis. If you represent a company and/or government entity, you or your employees may install, copy, and use the SOFTWARE by purchasing a 12 month subscription from SERENITY or its authorized resellers for each developer using the SOFTWARE, in accordance with Section 9 of this AGREEMENT. The number of licensed developers using the SOFTWARE must equal or be less than the number of seats purchased from SERENITY or its authorized resellers.
1.3 COMPLIMENTARY USE LICENSE.
If the SOFTWARE you have obtained is marked as "COMPLIMENTARY" or "FREE", you may install, and use the SOFTWARE.
SERENITY reserves the right to discontinue at its discretion and without advance notice, the availability of COMPLIMENTARY or FREE versions of the SOFTWARE or its constituent parts at any time.
1.4 PRE-RELEASE SOFTWARE
SOFTWARE 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.
SERENITY 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.
2. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
You may not reverse engineer, decompile, create derivative works or disassemble the SOFTWARE. If the SOFTWARE is purchased by you with the intent to reverse engineer, decompile, create derivative works, or the exploitation and unauthorized transfer of any SERENITY 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 SOFTWARE is licensed as a single PRODUCT(S). The SOFTWARE 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 SOFTWARE, 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 SERENITY libraries, source code, redistributables and other files remain SERENITY's exclusive property. You may not distribute any files, except those that SERENITY has expressly designated as REDISTRIBUTABLE(S).
You may not rent, lease, or lend the SOFTWARE.
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 SERENITY. 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 SOFTWARE (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 SOFTWARE (or any portions thereof) for developing programs created with the SOFTWARE. You may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any SERENITY documentation without the permission of SERENITY.
The SOFTWARE 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 SOFTWARE (if any). In all circumstances, the REDISTRIBUTABLES for the SOFTWARE are only those files specifically designated as such by SERENITY.
AT NO TIME MAY LICENSEE CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH THE SOFTWARE BY UTILIZING ALL OR ANY PORTION OF THE SERENITY SOFTWARE.
Distribution by the LICENSEE of any design-time tools (EXE's or DLL's), executables, and source code distributed to LICENSEE by SERENITY as part of this SOFTWARE 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 SOFTWARE or the SOFTWARE as modified.
The LICENSEE may NOT distribute the SOFTWARE, in any format, to others for development or application compilation purposes.
If you have purchased a 12 month subscription 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 SOFTWARE or modified versions of the REDISTRIBUTABLES which are provided to you by SERENITY 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 SOFTWARE.
All title and copyrights in and to the SOFTWARE (including but not limited to any SERENITY trademarks, copywritten images, demos, source code, intermediate files, packages, photographs, redistributables, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE the accompanying printed materials, and any copies of the SOFTWARE) are owned by SERENITY or its subsidiaries.
The SOFTWARE is protected by copyright laws and international treaty provisions and therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install and use the SOFTWARE as described in this AGREEMENT.
8. 3/6/12 MONTH SUBSCRIPTION AND UPDATES
SERENITY licenses the SOFTWARE on a subscription basis. A subscription lasts for a 3/6/12 month period from the date of purchase based on subscription type. LICENSEE will be eligible to receive all major and minor updates for the SOFTWARE during this 3/6/12 month period. Upon expiration of a subscription (3/6/12 months, plus 1 day after original purchase date), LICENSEE can optionally renew the SOFTWARE subscription for an additional 3/6/12 month period (and each subsequent year thereafter) in order to continue receiving major and minor updates of the SOFTWARE from SERENITY.
If the SOFTWARE is labeled as an update, you must be properly licensed to obtain the updated SOFTWARE. A SOFTWARE labeled as an update replaces and/or supplements the SOFTWARE 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 3/6/12 month SOFTWARE subscription and any subsequent renewal of the subscription are listed on SERENITY.is and subject to change with or without notice.
REDISTRIBUTABLES referenced in this AGREEMENT are dependent upon the type of 3/6/12 month subscription purchased from SERENITY.
SERENITY reserves the right to discontinue the SOFTWARE or its constituents, at any time.
9. DOWNLOAD of SOFTWARE.
The SOFTWARE will be made available for download from Serenity.is and https://github.com/volkanceylan/StartSharp exclusively.
10. DISCLAIMER OF WARRANTY.
SERENITY expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE 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. SERENITY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SOFTWARE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. No oral or written information or advice given by SERENITY or its employees shall create a warranty or in any way increase the scope of this warranty.
11. LIMITATIONS ON LIABILITY.
To the maximum extent permitted by applicable law, in no event shall SERENITY 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 SOFTWARE or the provision of or failure to provide SUPPORT SERVICES, even if SERENITY has been advised of the possibility of such damages.
LICENSEE understands that the SOFTWARE may produce inaccurate results because of a failure or fault within the SOFTWARE or failure by LICENSEE to properly use and or deploy the SOFTWARE. LICENSEE assumes full and sole responsibility for any use of the SOFTWARE, and bears the entire risk for failures or faults within the SOFTWARE. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND SERENITY'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL SERENITY'S LIABILITY EXCEED THE PRICE PAID TO SERENITY FOR THE SOFTWARE. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, alteration, unauthorized use or misapplication of the SOFTWARE.
You hereby agree to indemnify SERENITY 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 SOFTWARE included herein, including without limitation any claims asserted by your end user customers.
13. SUPPORT SERVICES.
SERENITY may provide you with support services related to the SOFTWARE ("SUPPORT SERVICES"). Use of SUPPORT SERVICES is governed by SERENITY policies and programs described in the user manual, in "on line" documentation and/or other SERENITY provided materials. SERENITY may restrict or otherwise discontinue SUPPORT SERVICES provided to you if your use of SUPPORT SERVICES is deemed by SERENITY, in its sole and reasonable discretion, to be excessive and beyond the scope of fair use.
Any supplemental SOFTWARE provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this AGREEMENT. With respect to technical information you provide to SERENITY as part of the SUPPORT SERVICES, SERENITY may use such information for its business purposes, including for SOFTWARE support and development.
Without prejudice to any other rights or remedies, SERENITY 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 SOFTWARE and all of its component parts including any related documentation, and must remove ANY and ALL use of SERENITY intellectual property from any applications distributed by LICENSEE, whether in native, altered or compiled states.
15. PERSONAL DATA.
All Information SERENITY collects from you is stored and maintained on servers utilizing reasonable and appropriate data security safeguards. SERENITY does not lend, lease, sell, or market information it obtains from its customers or those who provide us personally identifiable information. SERENITY does not disclose purchase information or licensing information to third parties.
SERENITY collects personally identifiable information whenever you purchase/license a SERENITY 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 SERENITY to communicate with you regarding upcoming product updates, new product releases, company news and other important business matters.
SERENITY 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 SOFTWARE or SUPPORT SERVICES. 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 SERENITY in any manner will be deemed NOT to be confidential by SERENITY. You acknowledge that submissions to SERENITY will not be considered confidential or proprietary and that SERENITY will be under no obligation to keep such information confidential.
Your election to use the SOFTWARE 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 SERENITY immediately by any method listed on the SERENITY website's Contacts page. SERENITY 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.
This AGREEMENT shall be construed, interpreted and governed by the laws of the Turkey. 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 SERENITY. 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.
SERENITY reserves all rights not specifically granted in this AGREEMENT.
Should you have any questions concerning this AGREEMENT, contact us by email@example.com e-mail address.
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