License Agreement

THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN COOLITE, INC. AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE ("LICENSEE") IN RELATION TO THE DATE PICKER SOFTWARE (THE “SOFTWARE”) AND/OR ALL RELATED MATERIALS. BY DOWNLOADING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING OR INSTALLATION OF THIS SOFTWARE.

THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT, 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, Coolite, Inc. grant you a non-exclusive, non-transferable license to use this SOFTWARE on the following terms:

  1. GRANT OF LICENSE.
    This Software is licensed and not sold to you, subject to the terms and conditions set out herein. This SOFTWARE is owned by Coolite, Inc. and is protected by copyright law, and we reserve ownership of all intellectual property rights inherent in 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 other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, and all rights other than those expressly granted by this Agreement.
    1. Trial License:
      Without payment of a fee whatsoever, in consideration for the mutual covenants contained herein, we grant you a non-transferable and non-exclusive license to install and use the SOFTWARE on an unlimited number of developer workstations within your organization for the purposes of evaluation and testing when accessed by http://localhost or http://127.0.0.1 local address. For any locations other than http://localhost or http://127.0.0.1 the SOFTWARE will display the message, “This Control is Unlicensed” with a “Buy License” link. If you wish to remove this message you are required to purchase a Developer, Team or Enterprise License; otherwise you must leave this message intact and not attempt to modify it in any way.

    2. Basic Date Picker Lite (“BDPLite”) License:
      Without payment of a fee whatsoever, in consideration for the mutual covenants contained herein, we grant you a non-transferable and non-exclusive license to install and use the SOFTWARE in any location or application developed by your organization. Redistribution is permitted but only as part of a compiled solution that adds significant functionality to the SOFTWARE product, and provided that the copyright notice, located in a HTML comments, remain intact. SOFTWARE may not be redistributed in a non-compiled form.

    3. Developer License:
      Subject to the payment of the fee required for a Developer License, we grant to you a non-transferable and non-exclusive license for a single developer to install and use the SOFTWARE on unlimited workstations used exclusively by the Developer within your organization and to install and use the SOFTWARE in connection with unlimited domains and sub-domains on unlimited servers.

    4. Team License:
      Subject to the payment of the fee required for a Team License, we grant you a non-transferable and non-exclusive license to install and use the SOFTWARE on up to four (4) developer workstations within your organization and to install and use the SOFTWARE in connection with unlimited domains and sub-domains on unlimited servers.

      You are further licensed to view the source code to the SOFTWARE or part thereof, as permitted by Coolite, Inc., and modify it for your own needs. You may not redistribute the SOFTWARE or source code to the Software. UNDER NO CIRCUMSTANCES MAY THE SOURCE CODE BE USED AS THE BASIS FOR CREATING A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY AS ANY COOLITE, INC. or BASIC DATE PICKER product.

    5. Enterprise License:
      Subject to payment of the fee required for an Enterprise License, we grant you a non-transferable and non-exclusive license to install and use the SOFTWARE on unlimited developer workstations within your organization and to install and use the SOFTWARE in connection with unlimited domains and sub-domains on unlimited servers.

      You are further licensed to view the source code to the SOFTWARE or part thereof, as permitted by Coolite, Inc., and modify it for your own needs.

      You are further licensed to distribute the SOFTWARE on a royalty-free basis with an unlimited number of solutions or applications developed by your organization. This includes royalty-free distribution of multiple copies of identical or similarly-functioning solutions or applications. Redistribution of the SOFTWARE or source code is permitted but only as part of a compiled solution that adds significant functionality to the SOFTWARE product, and may not redistribute it in non-compiled form. UNDER NO CIRCUMSTANCES MAY THE SOURCE CODE BE USED AS THE BASIS FOR CREATING A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY THE SAME, FUNCTIONALITY AS ANY COOLITE, INC. or BASIC DATE PICKER product.

  2. In no case shall you resell, rent, lease, lend, redistribute nor re-license the SOFTWARE or any related source code to a 3rd party individual or entity, except as outlined above. In no case shall you grant further redistribution rights for the SOFTWARE product to the end-users of your solution.
  3. You are required to ensure that the SOFTWARE is not reused by or with any application other than those with which you distribute it. For example, if you install the Basic Date Picker control along with a packaged application on a customer's server, that customer is not permitted to use the control independent of your application, and must be informed as such.
  4. You may not disassemble, decompile, or reverse engineer the SOFTWARE, or otherwise attempt to discover the source code of the SOFTWARE, except as outlined above, or as expressly permitted by applicable laws and in which case you must first provide Coolite, Inc. with notice of same and, if required by Coolite, Inc., after payment of a reasonable fee.
  5. 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 the SOFTWARE.
  6. In addition, you may utilize and make copies of (but not otherwise copy) any instructional and/or operational manuals relating to the SOFTWARE for your own personal use.
  7. This Agreement and license is personal to you or the organization on whose behalf you are undertaking the license. You must (except where expressly permitted by this license) not copy, rent, lease, assign or otherwise distribute or part with the SOFTWARE or any accompanying written materials. You must take reasonable steps to protect the SOFTWARE from unauthorized copying, publication, disclosure or distribution.
  8. 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.
  9. You acknowledge that you have had the opportunity to evaluate the SOFTWARE without charge, and that you are satisfied that it meets your requirements in all material respects.
  10. You acknowledge that it is not technically practicable to guarantee SOFTWARE to be error-free, and you agree that if any errors are found to exist in the SOFTWARE they shall not constitute a breach of this Agreement.
  11. LIMITED WARRANTY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COOLITE, INC. or BASIC DATE PICKER 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. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM PROVINCE/JURISDICTION.
  12. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COOLITE, INC., BASIC DATE PICKER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTAL 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 BASIC DATE PICKER INC. AND/OR BASIC DATE PICKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COOLITE, INC. AND BASIC DATE PICKER’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE SOFTWARE OR FIVE ($5.00) DOLLARS (USD).
  13. ALTHOUGH WE DO NOT WARRANT THAT THE SOFTWARE SUPPLIED HEREUNDER SHALL BE FREE FROM ALL KNOWN VIRUSES WE HAVE USED COMMERCIALLY REASONABLE EFFORTS TO CHECK FOR THE MOST COMMONLY KNOWN VIRUSES. YOU ARE NEVERTHELESS SOLELY RESPONSIBLE FOR VIRUS SCANNING THE SOFTWARE.
  14. You acknowledge that these terms are complete and exclusive. 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 warranty in any way, and you may not rely on any such advice.
  15. If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall stand.
  16. This Agreement is governed by the law of Province of Alberta, Canada and all parties irrevocably attorn to the jurisdiction of the courts of the Province of Alberta and further agree to commence any litigation which may arise hereunder in the courts located in the judicial district of Edmonton, Alberta.

Copyright 2017 Coolite, Inc., All rights reserved.
Coolite, Inc.
#208, 10113-104 Street
Edmonton, Alberta, Canada T5J 1A1
Phone: +1(888)775-5888
Website: http://www.basicdatepicker.com
Email: support@coolite.com