CFTagStore® Developer's Exchange Software License Agreement
Important Notice
This Agreement applies to the download and use of ColdFusion® custom tags, applications, extensions, and components (collectively, "Software Components") posted on the Developer's Exchange and, in the case of Software Components created by Digital Crew, ("CFTagStore"), subsequently redistributed. THIS AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND DIGITAL CREW. WHICH SPECIFIES THE LICENSE TERMS AND WARRANTY AND LIABILITY LIMITATIONS REGARDING YOUR USE OF SOFTWARE COMPONENTS PRODUCED BY CFTagStore. NON-CFTagStore SOFTWARE COMPONENTS AVAILABLE THROUGH THE DEVELOPER'S EXCHANGE ARE SUBJECT TO THE SPECIFIC LICENSE CONDITIONS OF THEIR RESPECTIVE AUTHORS, AND ARE ADDITIONALLY SUBJECT TO BOTH THE LIABILITY AND WARRANTY LIMITATIONS OF THIS LICENSE AGREEMENT. INSTALLATION OR USE OF THESE SOFTWARE COMPONENTS INDICATES YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL, OR USE ANY SOFTWARE COMPONENT.
Not Commercial Software
THE SOFTWARE COMPONENTS SUBJECT TO THIS AGREEMENT ARE NOT COMMERCIAL SOFTWARE. THEY ARE NOT COVERED BY ANY OTHER WARRANTY CONTAINED IN ANY OTHER LICENSE AGREEMENT BETWEEN YOU AND CFTAGSTORE. CFTAGSTORE HAS PERFORMED NO QUALITY ASSURANCE TESTING AND WILL NOT MAINTAIN AND SUPPORT ANY SOFTWARE COMPONENTS UNLESS OTHERWISE EXPLICITLY INDICATED ON THE CFTAGSTORE DEVELOPER'S EXCHANGE IN REFERENCE TO SPECIFIC SOFTWARE COMPONENTS.
Limited License to Use and Distribute
Subject to the terms of this Agreement, you may install and sublicense others to install one exact object code copy of any Software Component that has been submitted to the Developer's Exchange by CFTagStore, Inc. for each licensed copy of the ColdFusion Server software. All such sublicenses must be accompanied by an unabridged copy of this Agreement, and it must be presented for review and affirmative acceptance by the sublicensee prior to the installation of the CFTagStore Software Component. You may copy and redistribute the Software Component only with applications built for use with ColdFusion Server software. Each server upon which your application is to run must have installed on it a separately licensed copy of ColdFusion Server. You are solely responsible for all expenses incurred in connection with your activities under this Agreement. You may not appoint subdistributors. Under no circumstances may you quote a separate fee for or a value ascribed to any CFTagStore Software Component.
YOU ACKNOWLEDGE THAT THIS LIMITED LICENSE APPLIES ONLY TO SOFTWARE COMPONENTS SUBMITTED TO THE DEVELOPER'S EXCHANGE BY CFTAGSTORE. CFTAGSTORE GRANTS YOU NO RIGHTS WHATSOEVER IN ANY SOFTWARE COMPONENTS SUBMITTED BY ANY PERSON OR PARTY OTHER THAN CFTAGSTORE. ANY LICENSE TERMS FOR SUCH SOFTWARE COMPONENTS WILL BE CONTAINED IN THE SOFTWARE COMPONENTS THEMSELVES, AND YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, UNDERSTANDING, AND COMPLYING WITH ANY SUCH LICENSE TERMS. THE INCLUSION OF SUCH THIRD-PARTY SOFTWARE COMPONENTS DOES NOT IMPLY AN ENDORSEMENT OR RECOMMENDATION OF SUCH SOFTWARE COMPONENTS.
No Additional Licenses
This Agreement does not authorize you, in any manner or medium, to use CFTagStore's names, logos, or trademarks or to indicate that you are using a CFTagStore Software Component in connection with your application, other than the inclusion and presentation of this Agreement as set forth above. You acknowledge and agree that all rights, title, and interest, including intellectual property rights, in and to the Software Component belong to CFTagStore or the creator of such Software Component. You do not derive and will not be able to assert any title or interest in the Software Component other than the rights and licenses granted under this Agreement. You may not modify, translate, decompile, disassemble, or reverse engineer the Software Component.
You acknowledge and agree that you do not receive any rights to patents, copyrights, trademarks, or any other rights or licenses belonging to CFTagStore or other creator of the Software Component beyond those expressly granted in this Agreement (or any agreement accompanying a third-party Software Component).
Termination
CFTagStore may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly return to CFTagStore or destroy all copies of all CFTagStore Software Components obtained from the Developer's Exchange.
Risk of Use
YOU UNDERSTAND THAT THE SOFTWARE COMPONENTS MAY NOT HAVE BEEN TESTED AND MAY HAVE ERRORS AND PRODUCE UNEXPECTED RESULTS. YOUR USE OF ANY SOFTWARE COMPONENT IS ENTIRELY AT YOUR OWN RISK.
No Warranty
THE SOFTWARE COMPONENTS ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER, EXPRESS OR IMPLIED. CFTagStore SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE.
(USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Indemnification
You agree to defend, indemnify, and hold harmless CFTagStore against and in respect of any claim, suit, loss, damages, obligations, penalty, deficiency, or liability (including, without limitation, attorneys' fees) imposed upon, incurred by, or asserted against CFTagStore that result from or are alleged to result from (a) any breach of this Agreement, (b) any acts, misrepresentations, or omissions in connection with this Agreement, (c) any modification or alteration of a Software Component (other than one made by CFTagStore), and/or (d) any warranty, condition, representation, or indemnity granted by you for any Software Component.
Limitation on Liability
IN NO CASE SHALL CFTAGSTORE OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE COMPONENTS, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF CFTagStore OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY, IF ANY, SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO CASE WILL CFTagStore'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE, IF ANY, ACTUALLY PAID BY YOU TO CFTagStore.
(USA only) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(Outside of the USA - Consumer End Users Only) The limitations or exclusions of warranties and liability contained in this Agreement do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of business.
Miscellaneous
You have no authority to act on CFTagStore's behalf or to bind CFTagStore to any obligation or representation, and you and CFTagStore shall not be deemed to be partners, joint venturers, or agents of the other. The internal laws of the State of California control this Agreement if you are located in the United States, without regard to its principles of conflict of laws. The provisions relating to No Additional Licenses, Termination, No Warranty, Limitation on Liability, Indemnification, Export Law Assurances, and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and CFTagStore, Inc. concerning the Software Component, and supercedes all prior or contemporaneous agreements or understandings, whether oral or written. The failure or delay of CFTagStore to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.
CFTagStore is trademark or registered trademarks of Digital Crew in Ireland and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.
