Content Galaxy Software License

- Non-transferable license to items in a Content Galaxy software publication

Please read this agreement before installing, copying, or making any use of this or any other downloaded content item in the software publication to which you have subscribed. Your purchase of a Content Galaxy subscription entitles you to a single-user (or single-developer), non-transferable license to all items in this publication, under the terms described below. These same terms also apply if your access is based on being a user (or developer) covered by a multi-user subscription purchased by an organization.

SUPPORT FOR SOFTWARE IS NOT INCLUDED IN THE PUBLICATION SUBSCRIPTION PRICE, AND CONTENT GALAXY DOES NOT PROVIDE SUPPORT FOR ANY SOFTWARE IN A PUBLICATION. HOWEVER THIS LICENSE DOES INCLUDE A 30-DAY MONEY-BACK GUARANTEE IF YOU ARE NOT SATISFIED WITH THE ITEMS IN THE PUBLICATION AND HAVE ANY COMPLAINT MADE IN GOOD FAITH OF DEFECT NOT IMMEDIATELY CURED. PLEASE CONTACT THE INDIVIDUAL CONTENT PROVIDERS (SOFTWARE OWNERS) IF YOU WOULD LIKE INSTALLATION OR ANY OTHER SUPPORT.

The software you have downloaded, including, but not limited to, one or more of the following: source code, object code, byte code, dynamic-link libraries, shared libraries, static libraries, header files, executables, scripts and documentation (related explanatory written materials); (collectively, the “Software”) is owned by the content provider in the copyright notice(s) included in the Software and is protected by U.S. copyright laws and other laws and by international treaties. Content Galaxy has been authorized by this content provider to supply this license agreement to you, as a subscriber. This copy of the Software is licensed to you as the end user or to your employer (“Company”) for your exclusive use as an end user. If the Company has acquired the license for such use, the Company shall be bound by the terms and conditions of this Agreement, and the software may only be used for Company projects. “You” as used in the remainder of this Agreement shall refer to the individual licensee, whether as an individual programmer or as a Company.

If you do not accept this Agreement you may remove this Software and contact Content Galaxy within (30) days, and your money will be refunded, and you will not be able to use the Software. If you do not understand any of the provisions of this Agreement, you may request a written explanation from Content Galaxy Inc.

   1. License Grant. Subject to the terms and conditions of this Agreement, Content Galaxy, as authorized by the owner (content provider), grants to you a limited, non-exclusive, non-transferable, perpetual right to use the Software.

You agree not to remove copyright, trademark, and patent notices from source code, documentation, or executable modules. You agree to make a good faith effort, equivalent to the one you make to protect your own proprietary information, to assure that the supplied documentation and the source code that can be separately compiled are only accessible to other licensed subscribers. You agree to make the same effort to assure that the supplied executable modules and directly executable source code are also only accessible to other licensed subscribers, with the exception that you have additional limited rights to distribute to end users modules intended to be incorporated into applications that you develop. This means that you agree to restrict to licensed subscribers the access to any end-user application software, and that the limited exceptions to distributing any portions of the Software described below relate to application development only.

Where source code or components intended for incorporation into developed applications are provided, the downloaded content item is intended for use by a software programmer who has experience using development tools and components to build applications. You may incorporate the embeddable, executable components, dynamic-link libraries, statically linked libraries, shared libraries and byte code libraries (“Libraries”) into software application products (“Licensed Derivative Products”) that you may develop. You may also modify these Libraries and incorporate the modified Libraries into Licensed Derivative Products, so long as you cause the modified source code for any Licensed Derivative Products to carry a prominent notice reasonably calculated to inform other licensed subscribers that you have modified the original content item. Any number of end users may make use of such Licensed Derivative Products without royalty or other fee to Content Galaxy, publisher, or content provider. You may make and distribute copies of the Libraries and modified Libraries solely as incorporated into the Licensed Derivative Products, provided that the Software does not constitute a major portion of the value of the Licensed Derivative Products.

   2. License Restrictions. Notwithstanding any provisions in this Agreement to the contrary, you may not (a) distribute in any manner any source code file, independent static libraries of the Software, or Documentation (including API documentation), (b) distribute any portion of the Software or any derivative of any portion of the Software in a software utility product or software development tool or otherwise in competition with Content Galaxy’s or the content provider’s (owner’s) distribution of the Software, (c) distribute any executable delivered with the Software; (d) use, copy, modify, merge, or compile all or any portion of the source code or object code of the Software except as expressly provided in this Agreement, (e) sublicense the right to others to programmatically use the Libraries. In addition, you may not (a) decompile, disassemble, or reverse engineer any object code form of any portion of the Software, (b) export to a country restricted by the United States government, (c) rent or lease the Software, (d) disclose any source code of the Software to any person or entity, or (e) copy the Documentation, including any documentation available in on-line form.

   3. Limited Warranty. Content Galaxy is not the provider of the content items in this publication. Content Galaxy’s sole and exclusive obligation and your sole and exclusive remedy shall be limited to Content Galaxy’s using reasonable efforts to put you in contact with the publisher so that the publisher can work with you and the content provider to correct material, documented reproducible defects in the unaltered Software that you describe and document. In the event that the content provider fails to correct a material, documented, reproducible defect within a reasonable period after the initial 30-days has passed since purchase, Content Galaxy may, at Content Galaxy’s discretion, refund to you the amount that you paid Content Galaxy for the defective Software and cancel this Agreement and the licenses granted herein. In such event, you agree to remove all copies of the publication’s Software. EXCEPT AS EXPRESSLY SET FORTH ABOVE, CONTENT GALAXY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

   4. Limitation of Liability. IN NO EVENT SHALL CONTENT GALAXY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF CONTENT GALAXY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." YOU, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY CONTENT GALAXY.

   5. Notice. Should you have any questions concerning this Agreement, or if you desire to contact Content Galaxy for any reason, please write to us at: Content Galaxy Inc., 217 Thompson Street, suite 271, New York, NY 10012; e-mail info@contentgalaxy.com

   6. Termination. This Agreement shall remain effective until terminated by either party. Content Galaxy reserves the right, at its sole discretion, to terminate this Agreement upon thirty (30) days written notice if you have breached the terms and conditions hereof. You may terminate this Agreement at any time by ceasing to use the Software and by removing and destroying all copies of the Software. Termination of this Agreement shall not relieve you of any obligations not to disclose the Software. Sections 2, 4, 6 and 7 shall survive termination of this Agreement.

   7. Miscellaneous. This Agreement shall be governed by New York law, excluding its conflict of law provisions. Should any provision of this Agreement be held by a court of law to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions of this Agreement, unless waived in writing, shall not constitute a waiver of that party’s right to enforce each and every term and condition of this Agreement.

The Software comprises “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 (SEPT 1995) and is provided to the Government (i) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (ii) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R.227.7202-1 (JUN 1995) and 227.7202-3 (JUN 1995). YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US WHICH SUPERSEDES ANY PROPOSAL OR PRIOR OR CONTEMPORANEOUS AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Content Galaxy Inc.

(Last updated: May 27, 2012)