Telerik.Sitefinity... 6.3.5053 License Info

Telerik.Sitefinity.Content 6.3.5053 

Telerik End User License Agreement for Sitefinity
(Last Updated April 12, 2013)
IMPORTANT - PLEASE READ THIS END USER LICENSE AGREEMENT (THE "AGREEMENT") CAREFULLY BEFORE ATTEMPTING TO DOWNLOAD OR USE ANY SOFTWARE, DOCUMENTATION, OR OTHER MATERIALS MADE AVAILABLE UNDER THIS AGREEMENT. THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (the "Licensee" or "you"), AND TELERIK AD ("Telerik" or "Licensor"). PLEASE CHECK THE "I HAVE READ AND AGREE TO END USER THE LICENSE AGREEMENT" BOX AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CHECKING THE "I HAVE READ AND AGREE TO THE END USER LICENSE AGREEMENT" BOX AND/OR BY PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE MADE AVAILABLE BY TELERIK THROUGH THIS WEBSITE, YOU ACKNOWLEDGE (1) THAT YOU HAVE READ THIS AGREEMENT, (2) THAT YOU UNDERSTAND IT, (3) THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS, AND (4) TO THE EXTENT YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU HAVE THE POWER AND AUTHORITY TO BIND THAT COMPANY.
Content Management System and/or .NET component vendors are not allowed to use the Software (as defined below) without the express permission of Telerik. If you or the company you represent is a Content Management System and/or .NET component vendor, you may not purchase a license for or use the software unless you contact Telerik directly and obtain permission.
Introduction
Sitefinity is Telerik’s proprietary website development and administration software product (“Sitefinity”). Kendo UI Web, Kendo UI Mobile (collectively “Kendo”) and RadControls for ASP.NET AJAX, RadControls for Silverlight, and OpenAccess ORM and Telerik Extensions for ASP.NET MVC (collectively “RadControls”) are Telerik proprietary software development tools that can be used to assist in the website development process. Sitefinity, Kendo and RadControls are collectively referred to as the “Programs”. This Agreement is divided into three articles. Article I of this Agreement sets forth the terms and conditions on which you may use the software on a non-commercial, internal basis for a limited trial period to evaluate the software. If at the end of the trial period you choose to obtain a commercial license for the software, Article II of the Agreement sets forth the terms and conditions on which you may use the software on a commercial basis. Article III applies to both trial and commercial use of the Software.
Article I Trial License
This Article I applies only to your trial use of the Software. It gives you no rights to use the Software for commercial purposes.
1. Software License
1.1 Trial License Grant. Subject to the terms and conditions set forth in this Agreement, Telerik hereby grants to Licensee and Licensee hereby accepts, a time-limited, non-transferable, nonsublicensable, royalty-free, non-exclusive license (the "Trial License") to (a) install and use internally the "Programs and any accompanying documentation (the "Documentation", together with the Programs, collectively the "Software") solely for the purpose of evaluating whether Licensee would like to obtain a commercial license for the Software. This Trial License is valid for thirty (30) days after Licensee uses a license key provided by Telerik to access the trial version of the Software. At the end of such thirty (30) days, the Trial License shall automatically expire, and lockout functions within the Software which will cause the Software to stop functioning unless Licensee obtains a commercial license for the Software.
1.2 License Restrictions. The foregoing Trial License is conditioned upon Licensee’s adherence to the following restrictions:
1.2.1 The Software may be used only for the purpose of internally evaluating whether you wish to obtain a commercial license for the Software. In no event may you use the Software for production use in administering a publicly viewable website.
1.2.2 You may not sublicense, distribute, publish, transfer, rent, lease or otherwise make available the Software to any third parties. You may not permit third parties to access and use the Software on a time-sharing or service bureau basis.
1.2.3 To the fullest extent permitted by applicable law, you may not disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of Software that is provided to you in object code form only. Under no circumstances may any portion of the Software’s source code or any modified version of the source code be distributed, disclosed or otherwise made available to any third party.
1.2.4 You may not circumvent any technical limitations included in the Software.
1.2.5 You may not use the Software as a whole, or any of its components, as a basis for creation of another software product that has the same or similar functionality as the Software.
1.2.6 You may not remove, alter or obscure any Telerik trademarks, logos, tag lines or other Telerik branding included in the Software.
1.3 Third Party Software
1.3.1 Open Source.  Any Open Source Software that may be delivered by Telerik embedded in or in association with Telerik products is provided pursuant to the open source license applicable to the software.
1.3.2 Lucene.Net. Portions of the Software contain software code for Lucene.net, which is a search engine developed by The Apache Software Foundation. Notwithstanding anything else in this Agreement, your use of the software code for Lucene.net is governed by the terms of the Apache License, version 2.0, which can be viewed here: http://www.apache.org/licenses/LICENSE-2.0.html. Lucene.net is supplied AS IS without warranty of any kind.
1.3.3 GeoLite City with ISP and Organization Database.  Portions of the Software contain software code for GeoLite City with ISP and Organization Database, developed by MaxMind, which provides certain geolocation features. Notwithstanding anything else in this Agreement, your use of the software code for is GeoLite City with ISP and Organization Database is governed by the terms of the MaxMind proprietary license, which can be viewed here: http://www.maxmind.com/en/license_sign.  GeoLite City with ISP and Organization Database is supplied AS IS without warranty of any kind.
1.4 Reservation of Rights. Any and all rights in the Software not expressly granted to you as part of the Trial License hereunder are reserved in all respects by Telerik.
2. Delivery
Telerik shall deliver to you a copy of the Software licensed hereunder in electronic format only, and a license key that permits you to access and use the Software for trial purposes.
3. Support
As part of your License you are entitled to the Telerik "Trial" Support Package as described in greater detail at http://www.sitefinity.com/purchase/support-plans. Telerik will provide an initial response (but not necessarily a resolution) to each support inquiry within seventy two (72) hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible.
4. Term and Termination
4.1 Term. This Agreement and the Trial License granted hereunder shall last for the shorter of (i) thirty (30) days after you use a license key provided by Telerik to access the Software, and (ii) as long as you use the Software in compliance with the terms set forth herein.
4.2 Termination. Telerik may terminate this Agreement and the Trial License granted hereunder if you fail to comply with any of the terms and conditions of this Agreement. Upon termination or expiration of this Agreement for any reason the Trial License granted to you hereunder shall terminate automatically and you must immediately cease use of the Software and destroy all copies of the Software in your possession. Unless otherwise prohibited by law and without prejudice to Telerik’s other rights or remedies, and without limiting the generality of the foregoing, Telerik shall have the right to terminate this Agreement and the Trial License granted hereunder immediately in the event that: (i) you breach any of the license restrictions set forth in Section 1.2 of this Article I, or engage in, or participate with any third party in the unauthorized manufacture, duplication, reverse-engineering or distribution of any software of Telerik (including the Software), or engage in any activities involving the Software that are prohibited by law; or (ii) you engage in the unauthorized use of any software of Telerik (including the Software) or infringe upon any intellectual property right of Telerik.
5. Product Discontinuance
 Telerik reserves the right to discontinue at any time any component of the Software, whether or not it is offered as a standalone product or solely as a component of the Software.
6. No Warranties
THE SOFTWARE IS LICENSED TO YOU "AS IS" WITH ALL FAULTS, AND YOUR USE OF THE SOFTWARE IS AT YOUR OWN RISK. Telerik does not warrant the use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, TELERIK DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SOFTWARE, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Telerik be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software or otherwise relating to this Agreement, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, Telerik’s entire liability in connection with your use of the Software under this Agreement shall not exceed $5.00, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or other damages, so this exclusion and limitation may not be applicable. Telerik and its licensors are not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software, or for liability arising from use of Lucene.net, or GeoLite City with ISP and Organization Database.
8. Indemnity
You agree to indemnify, hold harmless, and defend Telerik, its licensors and its resellers from and against any and all claims, lawsuits and proceedings (collectively "Claims"), and all expenses, costs (including attorney’s fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from your use or misuse of the Software.
ARTICLE II Commercial License
The terms and conditions set forth in this Article II apply only if you have obtained a commercial license for the Software from Telerik. They do not apply to your use of trial versions of the Software.
Definitions
Affiliate means any entity or association directly or indirectly controlled by, controlling or under common control with you.  For purposes of this definition, “control” means ownership, directly or indirectly, of more than fifty percent (50%) of the voting shares or other equity interest in an entity.
CMS User means an individual user within your company who has been assigned a unique username and password that authorizes such individual to access and use the administrative / content management capabilities of the Software.
Content Items means a discrete item of content that is placed on the website created using the Commercial Software, including without limitation news reports, video images, event notices, documents, blog posts, and still images.
Intranet Applications are those internal websites and applications that can be accessed only by your: employees, Affiliates’ employees, or onsite contractors. 
Microsite means a Top Level Domain that has a maximum page limit of 10 pages. The Ecommerce and Personalization modules cannot be applied.      
Multisite CMS User means an individual user designated by you who has been assigned a unique username and password that authorizes such individual to access and use the administrative / content management capabilities of the Software.  A Multisite CMS User may be an individual either within your company or designated by a Multisite End User.   
Multisite End User(s) means your own end-user licensees, each of whom is authorized to access a specified website created by you on its behalf using the Commercial Software pursuant to an end-user license that meets the requirements of this Agreement.
Production Server means a server used for the final deployment of the Software for production use in administering a publicly viewable website.
Site Visitor means an individual who can access only the published portion(s) of a website at the Top Level Domain created with the Software. Site Visitors do not have username and password access to the administrative / content management capabilities of the Software.
Top Level Domain means the top-level domain name installed in the root zone of the name space.
1. Software License
1.1 General. The terms and conditions that apply to your use of the Software depend on the type of license you elect to purchase. Subject to the terms and conditions set forth in this Agreement, Telerik hereby grants to Licensee and Licensee hereby accepts, a limited, non-transferable, perpetual, royalty-free, non-exclusive license (the "License") to (a) install and use the Software, of the edition that you choose at the time of License purchase, and any updates, upgrades, modifications and error corrections thereto provided to Licensee by Telerik; and (b) build, use and distribute add-on modules to the Sitefinity product portion of the Software solely for use in conjunction with Sitefinity. Edition-specific License terms are set forth below. 
1.2 Community Edition. The Software may be used only for your internal purposes that do not generate profit; you may not use the Software to create a website that generates or supports the generation of profits for a for-profit organization, and you may not use the Software in a load-balancing environment. You may engage an independent contractor to use the Software to build and maintain a website for you, and you may pay the independent contractor for their services; however, the resulting website may not be used for the purpose of generating profit.
1.2.1 CMS User Limits. You may permit one (1) CMS User to be logged into the Software at any given time. Different CMS Users within your company may log in to the Software at different times, as long as only one (1) CMS User is logged into the Software at any given time.
1.2.2 Sitemap Page Limits. You may not use the Software to create a website that publishes more than twenty five (25) sitemap pages.
1.2.3 Content Limits. The website that you create using the Software may not contain more than two hundred fifty (250) Content Items, excluding blogs and still images, at any given time. You may add and delete Content Items as often as you like, as long as there are no more than two hundred fifty (250) total Content Items on the website at any given time. Notwithstanding the foregoing, there is no limitation on how many blog posts or still images you may place on the website.\
1.2.4  Domain Limits.  You may only install, use and access the Software on one (1) Top Level Domain, which shall be designated by you at the time you register a license key for the Software. You may not access the Software from other Top Level Domains at any time.
1.3 Small Business Edition (“SBE”). The Software may be used for commercial or non-commercial purposes, but may not be used in a load balancing environment unless an optional load balancing add-on license(“Load Balancing License” ) is also purchased as described at greater detail at http://www.sitefinity.com/purchase. 
1.3.1 Load Balancing License. A Load Balancing License is required for each SBE of the Software that is used on two or more production servers in a web farm, load-balanced, or cloud (e.g. Windows Azure, Amazon EC2, or Rackspace Cloud) hosting environment. If you have purchased a Load Balancing License, you may use the SBE Software (for which the Load Balancing License is purchased) on an unlimited number of production servers in such hosting environment. 
1.3.2 CMS User Limits. You may permit one (1) CMS User to be logged into the Software at any given time. Different CMS Users within your company may log in to the Software at different times, as long as only one (1) CMS User is logged into the Software at any given time.
1.3.3 Sitemap Page Limits. You may not use the Software to create a website that publishes more than fifty (50) sitemap pages. 
1.3.4 Content Limits. The website that you create using the Software may not contain more than one thousand (1000) Content Items at any given time. You may add and delete Content Items as often as you like, as long as there are no more than one thousand (1000) total Content Items on the website at any given time.
1.3.4  Domain Limits.  You may only install, use and access the Software on one (1) Top Level Domain, which shall be designated by you at the time you register a license key for the Software. You may not access the Software from other Top Level Domains at any time.
1.4 Standard Edition. The Software may be used for commercial or non-commercial purposes, but may not be used in a load balancing environment unless an optional load Load Balancing License is also purchased as described at greater detail at http://www.sitefinity.com/purchase. 
1.4.1 Load Balancing License. A Load Balancing License is required for each Standard Edition of the Software that is used on two or more production servers in a web farm, load-balanced, or cloud (e.g. Windows Azure, Amazon EC2, or Rackspace Cloud) hosting environment. If you have purchased a Load Balancing License, you may use the Standard Edition of the Software (for which the Load Balancing License is purchased) on an unlimited number of production servers in such hosting environment.
1.4.2 CMS User Limits. You may permit up to five (5) CMS Users to be logged into the Software at any given time. Different CMS Users within your company may log in to the Software at different times, as long as no more than five (5) CMS Users are logged into the Software at any given time.
1.4.3 Sitemap Page Limits. There is no limit on the number of sitemap pages published on the website that you create using the Software.
1.4.4 Content Limits. There is no limit on the number of Content Items that you place on the website you create using the Software.
1.4.5  Domain Limits.  You may only install, use and access the Software on one (1) Top Level Domain, which shall be designated by you at the time you register a license key for the Software. You may not access the Software from other Top Level Domains at any time.
1.5 Professional Edition. The Software may be used for commercial or non-commercial purposes.
1.5.1 CMS User Limits. You may permit up to ten (10) CMS Users to be logged into the Software at any given time. Different CMS Users within your company may log in to the Software at different times, as long as no more than ten (10) CMS Users are logged into the Software at any given time.
1.5.2 Sitemap Page Limits. There is no limit on the number of sitemap pages published on the website that you create using the Software.
1.5.3 Content Limits. There is no limit on the number of Content Items that you place on the website you create using the Software.
1.5.4  Domain Limits.  You may only install, use and access the Software on one (1) Top Level Domain, which shall be designated by you at the time you register a license key for the Software. You may not access the Software from other Top Level Domains at any time.
1.5.5 Source Code. You may receive a copy of the source code for the Software as an option for an additional fee.  Such source code is provided "as is", without warranty of any kind. Such source code is licensed to you for the sole purpose of enabling you to understand, at a source code level, why the Software operates as it does. You may not use such source code as a basis of development of derivative works of the Software or other software products. You acknowledge that such source code is strictly confidential and contains valuable and proprietary trade secrets of Telerik. You must expend every effort to insure the confidentiality of the source code provided to you hereunder and ensure that individuals employed by your company do the same. You agree to assume full responsibility for such individuals’ use, or misuse, of such source code as if it was your use or misuse. Under no circumstances may you distribute, disclose, or otherwise make available to any third party any portion of such source code or any modified version of such source code. You may not modify the source code for the Software; however, if you breach this restriction and develop any modifications to the source code independently, or if you contact Telerik for assistance with the Software and modify the source code for the Software jointly with Telerik, such modifications and all rights associated therewith will be the exclusive property of Telerik, and you agree to and hereby do assign all right, title and interest in and to such modifications to Telerik. Telerik has no obligation to support any modifications that you make to the source code for the Software. This Section 1.5.5 shall survive the termination or expiration of this Agreement.
1.6 Enterprise Edition. The Software may be used for commercial or non-commercial purposes.
1.6.1 CMS User Limits. You may permit up to thirty (30) CMS Users to be logged into the Software at any given time. Different CMS Users within your company may log in to the Software at different times, as long as no more than thirty (30) CMS Users are logged into the Software at any given time. You may purchase concurrent access for additional CMS Users; please contact Telerik at sales@Sitefinity.com if you wish to do so.
1.6.2 Sitemap Page Limits. There is no limit on the number of sitemap pages published on the website that you create using the Software.
1.6.3 Content Limits. There is no limit on the number of Content Items that you place on the website you create using the Software.
1.6.4 Source Code. You may receive a copy of the source code for the Software as an option for an additional fee. Such source code is provided "as is", without warranty of any kind. Such source code is licensed to you for the sole purpose of enabling you to understand, at a source code level, why the Software operates as it does. You may not use such source code as a basis of development of derivative works of the Software or other software products. You acknowledge that such source code is strictly confidential and contains valuable and proprietary trade secrets of Telerik. You must expend every effort to insure the confidentiality of the source code provided to you hereunder and ensure that individuals employed by your company do the same. You agree to assume full responsibility for such individuals’ use, or misuse, of such source code as if it was your use or misuse. Under no circumstances may you distribute, disclose, or otherwise make available to any third party any portion of such source code or any modified version of such source code. You may not modify the source code for the Software; however, if you breach this restriction and develop any modifications to the source code independently, or if you contact Telerik for assistance with the Software and modify the source code for the Software jointly with Telerik, such modifications and all rights associated therewith will be the exclusive property of Telerik, and you agree to and hereby do assign all right, title and interest in and to such modifications to Telerik. Telerik has no obligation to support any modifications that you make to the source code for the Software. This Section 1.6.4 shall survive the termination or expiration of this Agreement.
1.7 Multisite Edition. The Software may be used for commercial or non-commercial purposes.
1.7.1 Multisite CMS User Limits. You may permit up to ten (10) Multisite CMS Users to be logged into the Software at any given time. Different Multisite CMS Users may log in to the Software at different times, as long as no more than ten (10) Multisite CMS Users are logged into the Software at any given time.  You may increase the number of Multisite CMS Users authorized to be logged into the Software for an additional fee.
1.7.2 Sitemap Page Limits. There is no limit on the number of sitemap pages published on the website that you create using the Software.
1.7.3 Content Limits. There is no limit on the number of Content Items that you place on the website you create using the Software.
1.7.4  Domain Limits.  You may only install, use and access the Software on three (3) Top Level Domain, which shall be designated by you at the time you register a license key for the Software, You may purchase additional domains and Microsites for an additional fee. You may not access the Software from other Top Level Domains at any time. 
Multisite End User License Terms.  Your end user license agreement with your Multisite End User must (i) prohibit access to the Software to anyone other than an authorized Multisite CMS User (ii) limit the liability of your licensors or suppliers to the maximum extent permitted by applicable law; and prohibit any attempt to disassemble the code, or attempt in any manner to reconstruct, discover, reuse or modify any source code or underlying algorithms of the Software, except to the limited extent as is permitted by law notwithstanding contractual prohibition. For avoidance of doubt, your end users are not permitted to use the Software, or any portions thereof, for website development purposes unless they also purchase a separate commercial license from Telerik for each of the users.
1.7.5 Source Code. You may receive a copy of the source code for the Software as an option for an additional fee. Such source code is provided "as is", without warranty of any kind. Such source code is licensed to you for the sole purpose of enabling you to understand, at a source code level, why the Software operates as it does. You may not use such source code as a basis of development of derivative works of the Software or other software products. You acknowledge that such source code is strictly confidential and contains valuable and proprietary trade secrets of Telerik. You must expend every effort to insure the confidentiality of the source code provided to you hereunder and ensure that individuals employed by your company do the same. You agree to assume full responsibility for such individuals’ use, or misuse, of such source code as if it was your use or misuse. Under no circumstances may you distribute, disclose, or otherwise make available to any third party any portion of such source code or any modified version of such source code. You may not modify the source code for the Software; however, if you breach this restriction and develop any modifications to the source code independently, or if you contact Telerik for assistance with the Software and modify the source code for the Software jointly with Telerik, such modifications and all rights associated therewith will be the exclusive property of Telerik, and you agree to and hereby do assign all right, title and interest in and to such modifications to Telerik. Telerik has no obligation to support any modifications that you make to the source code for the Software. This Section 1.7.5 shall survive the termination or expiration of this Agreement.
1.8 Intranet Standard Edition. The Software may be used for commercial or non-commercial purposes, but may not be used in a load balancing environment unless an optional Load Balancing License is also purchased as described at greater detail at http://www.sitefinity.com/purchase. 
1.8.1 Load Balancing License. A Load Balancing License is required for each Intranet Standard Edition of the Software that is used on two or more production servers in a web farm, load-balanced, or cloud (e.g. Windows Azure, Amazon EC2, or Rackspace Cloud) hosting environment. If you have purchased a Load Balancing License, you may use the Intranet Standard Edition of the Software (for which the Load Balancing License is purchased) on an unlimited number of production servers in such hosting environment.
1.8.2 CMS User Limits. You may permit up to twenty (20) CMS Users to be logged into the Software at any given time. Different CMS Users within your company may log in to the Software at different times, as long as no more than twenty (20) CMS Users are logged into the Software at any given time. You may purchase concurrent access for additional CMS Users (up to 100 total); please contact Telerik at sales@Sitefinity.com if you wish to do so.
1.8.3 Sitemap Page Limits. There is no limit on the number of sitemap pages published on the website that you create using the Software.
1.8.4 Content Limits. There is no limit on the number of Content Items that you place on the website you create using the Software.
1.8.5  Domain Limits.  You may only install, use and access the Software on one (1) Top Level Domain, which shall be designated by you at the time you register a license key for the Software. You may not access the Software from other Top Level Domains at any time.
1.8.6 Intranet Use Only. The Software may be used for the development of Intranet Applications only. 
1.9 Intranet Enterprise Edition. The Software may be used for commercial or non-commercial purposes. 
1.9.1 CMS User Limits. You may permit up to one-hundred (100) CMS Users to be logged into the Software at any given time. Different CMS Users within your company may log in to the Software at different times, as long as no more than one-hundred (100) CMS Users are logged into the Software at any given time. You may purchase concurrent access for additional CMS Users; please contact Telerik at sales@Sitefinity.com if you wish to do so.
1.9.2 Sitemap Page Limits. There is no limit on the number of sitemap pages published on the website that you create using the Software.
1.9.3 Content Limits. There is no limit on the number of Content Items that you place on the website you create using the Software.
1.9.4  Domain Limits.  You may only install, use and access the Software on one (1) Top Level Domain, which shall be designated by you at the time you register a license key for the Software. You may not access the Software from other Top Level Domains at any time.
1.9.5 Intranet Use Only. The Software may be used for the development of Intranet Applications only.
1.10 General Terms Applicable to All Editions. The following terms apply to all editions of the Software.
1.10.1 Site Visitors. There is no limit on how many Site Visitors may visit a website developed and administered using the Software.
1.10.2 Licenses Are Per-Domain.
1.10.2.1 You may not change your Top Level Domain designation once your designation is made at the time of registration. While you are also required to register subdomains, there is no limitation to the number of subdomains within the Top Level Domain on which you may install and use the Software (i.e. by registering a license key for the Software for the Top Level Domain mysite.com, you will also be able to register and use it for all subdomains - www.mysite.com, http://support.mysite.com, http://mysite.com, etc.). You may purchase the right to use the Software on more than one Top Level Domain; please contact Telerik at sales@Sitefinity.com if you wish to do so.
1.10.3 Reservation of Rights. Any and all rights in the Software not expressly granted to you as part of the License hereunder are reserved in all respects by Telerik.
1.10.4 Third Party Software
1.10.4.1 Open Source.  Any Open Source Software that may be delivered by Telerik embedded in or in association with Telerik products is provided pursuant to the open source license applicable to the software.
1.10.4.2 Lucene.Net. Portions of the Software contain software code for Lucene.net, which is a search engine developed by The Apache Software Foundation. Notwithstanding anything else in this Agreement, Your use of the software code for Lucene.net is governed by the terms of the Apache License, version 2.0, which can be viewed here: http://www.apache.org/licenses/LICENSE-2.0.html. Lucene.net is supplied AS IS without warranty of any kind.
1.10.4.3 GeoLite City with ISP and Organization Database.  Portions of the Software contain software code for GeoLite City with ISP and Organization Database, developed by MaxMind, which provides certain geolocation features. Notwithstanding anything else in this Agreement, Your use of the software code for GeoLite City with ISP and Organization Database is governed by the terms of the MaxMind proprietary license, which can be viewed here: http://www.maxmind.com/en/license_sign.  GeoLite City with ISP and Organization Database is supplied AS IS without warranty of any kind.
2. License Restrictions
2.1 Administrative Use Limited to CMS Users. At no time may the Software be (i) used for administrative / content management purposes by anyone other than CMS Users or Multisite CMS Users, as applicable, or (ii) be used simultaneously by more than the number of CMS Users or Multisite CMS Users permitted to use the Software at any given time under the License for the edition of the Software that you purchased.
2.2 No Use of the Software by Third Parties. Except as otherwise provided for in this Agreement, you may not sublicense, distribute, publish, transfer, rent, lease or otherwise make available the Software to any third parties. Except as otherwise provided for in this Agreement, you may not permit third parties to access and use the Software on a time-sharing or service bureau basis. 
2.3 No Reverse Engineering. To the fullest extent permitted by applicable law, you may not disassemble, decompile or "unlock", decode or otherwise reverse translate or engineer, or attempt in any manner to reconstruct or discover any source code or underlying algorithms of the Software.
2.4 No Modification. You may not copy, modify, alter, edit or create derivative works of the Software. 
2.5 No Use of Telerik Brand. Except as required or allowed in Sections 4.1 and 4.3 of this Article II, You may not use the Telerik product names, logos or trademarks to market your website, products or services without the express prior consent of Telerik. 
2.6 Limitations on Use of Kendo UI Web, Kendo UI Mobile, RadControls for ASP.NET AJAX, RadControls for Silverlight, OpenAccess ORM and Telerik Extensions for ASP.NET MVC. You may only use Kendo and the RadControls for the purpose of developing add-on modules that enhance the functionality of Sitefinity.
2.7 Limitations on Use and Distribution of Add-On Modules. You are prohibited from using the Software to create add-on modules for use with third party website development and administration software products or in any environment other than Sitefinity. If you want to use an add-on module that you have created through use of the Software to administer a publicly viewable website, you may only do so if such website is developed and administered with Sitefinity. You may distribute add-on modules that you create by using the Software, provided however, that (a) you may only distribute such add-on modules to third parties that agree to use such add-on modules in conjunction with Sitefinity pursuant to a valid Sitefinity license obtained by such third parties from Telerik, and (b) you do not distribute such add-on modules on terms that make Sitefinity subject to a license that requires (i) the source code for Sitefinity to be disclosed or distributed in source code form; (ii) Sitefinity to be licensed for the purpose of making derivative works; or (iii) Sitefinity to be redistributable without charge.
2.8 No Use to Create Competitive Product. You may not use the Software as a whole, or any of its components, as a basis for creation of another software product that has the same or similar functionality as the Software.
3. Delivery
Telerik shall deliver to you a copy of the Software licensed hereunder in electronic format only, as well as a license key that permits you to access and use the Software.
4. Trademarks and Branding
4.1 Web Page Footers. All web pages on a website created using the Community Edition of the Software must contain Telerik’s Sitefinity logo on the footer of each web page. Web pages on a website created using any edition of the Software other than the Community Edition may (but are not required to) contain Telerik’s Sitefinity™ logo on the footer of each web page.
4.2 No Alteration. You may not remove, alter or obscure any Telerik trademarks, logos, tag lines or other Telerik branding included in the Software.
4.3 Co-Branding. You may (but are not required to) co-brand the Software with your own company’s trademarks. Any co-branding efforts you undertake are at your own risk, and you agree to indemnify and hold Telerik harmless from all third party suits and proceedings, and all damages, losses, costs (including attorneys’ fees) and other liabilities, resulting from your co-branding efforts. Any goodwill accruing from your use of your own trademarks shall accrue to and be owned by you. Any goodwill accruing from Telerik’s placement of Telerik trademarks logos, tag lines or other Telerik branding on the Software, or from your placement of the Sitefinity logo on the footers of web pages created using the Software, shall accrue to and be owned by Telerik.
4.4 Quality Control. Telerik reserves the right to review your website and add-on modules you create using the Software to ensure your compliance with terms of this Section 4; your breach of this Section shall be grounds for termination by Telerik of this Agreement and the License granted to you hereunder.
5. Support and Updates
5.1 The level of support (if any) that you receive for the Software depends on which edition of the Software you select at the time of License purchase.  No support is offered for the Lucene.Net component of the Software the GeoLite City with ISP and Organization Database component of the Software.  In addition, Telerik has no obligation to support any modifications that you make to the original database schema for the Software.  Should you wish to obtain support for such modifications, please contact Telerik at sales@sitefinity.com
5.1.1 Community Edition. You are not entitled to receive support from Telerik. You may submit support-related questions on the discussion forums on Telerik’s website, to which Telerik personnel or other users of Telerik products may respond; however, Telerik has no obligation to respond to such questions, and any feedback you may receive via such forums is provided AS IS, without warranty of any kind, and your use of such feedback is at your own risk.
5.1.2 SBE Edition. You are entitled to submit up to five (5) support inquiries to Telerik’s support personnel and receive support for such inquiries at the same levels of service and response times as are included in the Telerik "Standard" Support Package described in greater detail at http://www.sitefinity.com/purchase/support-plans. Telerik will provide an initial response (but not necessarily a resolution) to each support inquiry within forty eight (48) hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible. You are only entitled to use such support inquires during the one (1) year after the date on which you purchase the License for the SBE edition of the Software; you will lose the right to receive support after such one (1) year period, unless you purchase additional support from Telerik at additional cost. You are eligible to receive all Minor Updates (i.e., service pack updates and other minor revisions) for the SBE Edition of the Software for as long as you are in compliance with this Agreement. You are eligible to receive Major Updates (i.e., major revisions or new versions) to the SBE Edition of the Software during the one (1) year after the date on which you purchase the License for the SBE edition of the Software; you will lose the right to receive Major Updates after such one (1) year period, unless you purchase additional maintenance from Telerik at additional cost. The support of a Load Balancing License(if purchased) will be bound to the support of the SBE Edition Software license for which it is purchased, so that it becomes renewable at the same time as the support and updates of the SBE Edition Software license regardless of when the Load Balancing License was purchased.
5.1.3 Standard Edition. As part of your License you are entitled to the Telerik "Standard" Support Package as described in greater detail at http://www.sitefinity.com/purchase/support-plans. You are entitled to receive support for one (1) year after you purchase the License for the Software. During that time, you shall be entitled to receive support for an unlimited number of support inquiries. Telerik will provide an initial response (but not necessarily a resolution) to each support inquiry within forty eight (48) hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible. You are eligible to receive all Minor Updates for the Standard Edition of the Software for as long as you are in compliance with this Agreement. You are eligible to receive Major Updates to the Standard Edition of the Software during the one (1) year after the date on which you purchase the License for the Standard Edition of the Software; you will lose the right to receive Major Updates after such one (1) year period, unless you purchase additional maintenance from Telerik at additional cost. The support of a Load Balancing License (if purchased) will be bound to the support of the Standard Edition Software license for which it is purchased, so that it becomes renewable at the same time as the support and updates of the Standard Edition Software license regardless of when the Load Balancing License was purchased.
5.1.4 Professional Edition. As part of your License you are entitled to the "Professional" Support Package as described in greater detail at http://www.sitefinity.com/purchase/support-plans. You are entitled to receive support for one (1) year after you purchase the License for the Software. During that time, you shall be entitled to receive support for an unlimited number of support inquiries. Telerik will provide an initial response (but not necessarily a resolution) to each support inquiry within twenty four (24) hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible. You will lose the right to receive support after such one (1) year period, unless you purchase additional support from Telerik as set forth in Section 5.1.8.  You are eligible to receive all Minor Updates for the Professional Edition of the Software for as long as you are in compliance with this Agreement. You are eligible to receive Major Updates to the Professional Edition of the Software during the one (1) year after the date on which you purchase the License for the Professional Edition of the Software; you will lose the right to receive Major Updates after such one (1) year period, unless you purchase additional maintenance from Telerik at additional cost as set forth in Section 5.1.8. 
5.1.5 Enterprise Edition and Multisite Edition. As part of your License you are entitled to the  Enterprise Support Package as described in greater detail at http://www.sitefinity.com/purchase/support-plans. You are entitled to receive support for one (1) year after you purchase the License for the Software. During that time, you shall be entitled to receive support for an unlimited number of support inquiries. Telerik will provide an initial response (but not necessarily a resolution) to each support inquiry within twenty four (24) hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible. You will lose the right to receive support after such one (1) year period, unless you purchase additional support from Telerik as set forth in Section 5.1.8.  You are eligible to receive all Minor Updates for the Enterprise Edition or Multisite Edition of the Software, as applicable, for as long as you are in compliance with this Agreement. You are eligible to receive Major Updates to the Enterprise Edition or Multisite Edition of the Software, as applicable, during the one (1) year after the date on which you purchase the relevant License; you will lose the right to receive Major Updates after such one (1) year period, unless you purchase additional maintenance from Telerik at additional cost as set forth in Section 5.1.8.
5.1.6 Intranet Standard Edition. As part of your License you are entitled to the Telerik "Standard" Support Package as described in greater detail at http://www.sitefinity.com/purchase/support-plans. You are entitled to receive support for one (1) year after you purchase the License for the Software. During that time, you shall be entitled to receive support for an unlimited number of support inquiries. Telerik will provide an initial response (but not necessarily a resolution) to each support inquiry within forty eight (48) hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible. You are eligible to receive all Minor Updates for the Intranet Standard Edition of the Software for as long as you are in compliance with this Agreement. You are eligible to receive Major Updates to the Intranet Standard Edition of the Software during the one (1) year after the date on which you purchase the License for the Intranet Standard Edition of the Software; you will lose the right to receive Major Updates after such one (1) year period, unless you purchase additional maintenance from Telerik at additional cost. The support of a Load Balancing License (if purchased) will be bound to the support of the Intranet Standard Edition Software license for which it is purchased, so that it becomes renewable at the same time as the support and updates of the Intranet Standard Edition Software license regardless of when the Load Balancing License was purchased.
5.1.7 Intranet Enterprise Edition. As part of your License you are entitled to the Enterprise Support Package as described in greater detail at http://www.sitefinity.com/purchase/support-plans. You are entitled to receive support for one (1) year after you purchase the License for the Software. During that time, you shall be entitled to receive support for an unlimited number of support inquiries. Telerik will provide an initial response (but not necessarily a resolution) to each support inquiry within twenty four (24) hours of receipt of such support inquiry, and will use reasonable efforts to resolve the issue generating the inquiry as soon as is reasonably possible. You will lose the right to receive support after such one (1) year period, unless you purchase additional support from Telerik as set forth in Section 5.1.8.  You are eligible to receive all Minor Updates for the Intranet Enterprise Edition of the Software, as applicable, for as long as you are in compliance with this Agreement. You are eligible to receive Major Updates to the Intranet Enterprise Edition of the Software, as applicable, during the one (1) year after the date on which you purchase the relevant License; you will lose the right to receive Major Updates after such one (1) year period, unless you purchase additional maintenance from Telerik at additional cost as set forth in Section 5.1.8.
5.1.8 Sitefinity Automated Renewal Program.   Licensees for the Professional, Enterprise and Multisite Editions will be included in the Automated Renewal Program for Upgrades and Support and will be automatically charged an annual fee of 30% of the retail cost of all Software licensed upon the one year anniversary of their initial purchase.  Licensee may choose not to participate in the Automated Renewal Program by providing Telerik 30 days’ written notice prior to the end of the of any one-year term.   Telerik may adjust pricing with respect to the Automated Renewal Program three years after the date of the initial purchase and each three-year anniversary.
5.2 Agreement Applies to Updated Software. If you receive Minor Updates or Major Updates pursuant to this Agreement, you acknowledge that such updates replace and/or supplement (and may disable) the version of the Software that formed the basis for your eligibility for the update. You may use the resulting updated Software only in accordance with the terms of this License.
5.3 Support Incidents. A single support incident may involve several e-mails and offline work in order to be resolved. You agree to provide Telerik with detailed information about the issue encountered and cooperate with Telerik’s requests for additional information as they attempt to resolve the issue. Telerik support engineers will make reasonable efforts to resolve your support issues; however, Telerik does not guarantee that all support issues will be resolved. Bug reports and product feature suggestions are not considered support incidents, and Telerik is not obligated to acknowledge or address such bug reports and/or product feature suggestions.
6. Term and Termination
6.1 Term. This Agreement and the License granted hereunder shall last as long as you use the Software in compliance with this Agreement.
6.2 Termination. Telerik may terminate this Agreement and the License granted hereunder if you fail to comply with any of the terms and conditions of this Agreement. Upon termination of this Agreement for any reason the License granted to you hereunder shall terminate automatically and you must immediately cease use of the Software and destroy all copies of the Software in your possession. Unless otherwise prohibited by law and without prejudice to Telerik’s other rights or remedies, and without limiting the generality of the foregoing, Telerik shall have the right to terminate this Agreement and the License granted hereunder immediately in the event that: (i) you breach any of the License restrictions set forth herein, or engage in, or participate with any third party in the unauthorized manufacture, duplication, reverse-engineering, distribution of any software of Telerik (including the Software), or engage in any activities involving the Software that are prohibited by law; or (ii) you engage in the unauthorized use of any software of Telerik (including the Software) or infringe upon any intellectual property right of Telerik.
7. Product Discontinuance
Telerik reserves the right to discontinue at any time any component of the Software, whether or not it is offered as a standalone product or solely as a component of the Software. However, to the extent Telerik is obligated to provide support for the Software in accordance with the terms set forth in this Agreement, Telerik will provide support for all such discontinued components for a period of one (1) year after the date of discontinuance.
8. Limited Warranty
Telerik warrants solely that the Software will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days after the date on which you purchase the License for the Software. Telerik does not warrant the use of the Software will be uninterrupted or error free at all times and in all circumstances, nor that program errors will be corrected. This limited warranty shall not apply to any error or failure resulting from (i) machine error, (ii) Licensee’s failure to follow operating instructions, (iii) Licensee’s negligence or improper use of the Software, (iv) modifications to the Software  (including modifications to the original database schema) by any person or entity other than Telerik, (v) the Lucene.Net component of the Software, or (vi) the GeoLite City with ISP and Organization Database component of the Software. In the event of a breach of the foregoing express warranty, Licensee’s sole and exclusive remedy and Telerik’s sole and exclusive obligation, is repair or replacement of the defective Software. If such remedy fails of its essential purpose, Licensee’s sole remedy and Telerik’s maximum liability shall be a refund of the paid purchase price for the defective Software only. This limited warranty is only valid if Telerik receives written notice of breach of warranty no later than thirty (30) days after the warranty period expires. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 8, TELERIK DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Telerik be liable for any indirect, special, incidental, or consequential damages arising out of the use of or inability to use the Software, including, without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based. In any case, Telerik’s entire liability regarding your use of the Software under this Agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to Telerik for the Software giving rise to such damages, notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this exclusion and limitation may not be applicable. Telerik and its licensors are not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software, on a website built using the Software, any material linked through such content or such website, any add-on modules you develop using the Software, or for liability arising from use of Lucene.net or the GeoLite City with ISP and Organization Database component of the Software. The extent of Telerik’s liability for the limited warranty section shall be as set forth therein.
10. Indemnity
You agree to indemnify, hold harmless, and defend Telerik, its licensors and its resellers from and against any and all claims, lawsuits and proceedings (collectively "Claims"), and all expenses, costs (including attorney’s fees), judgments, damages and other liabilities resulting from such Claims, that arise or result from (a) your or your Multisite End User’s use or misuse of the Software or from the websites that you develop and administer through the use of the Software (but excluding such Claims that are solely attributable to infringement of third party intellectual property rights solely as a result of your authorized use of the Software), or (b) the add-on modules you develop using the Software.
ARTICLE III General Terms
The terms and conditions of this Article III are applicable to this entire Agreement; they apply to trial use of the Software under Article I and commercial use of the Software under Article II.
1.1 Intellectual Property
The Software is licensed, not sold. All title and ownership rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, text embedded in the Software), the intellectual property embodied in the Software, and any trademarks or service marks of Telerik that are used in connection with the Software are and shall at all times remain exclusively owned by Telerik and its licensors. Any and all rights in the Software not expressly granted to you hereunder are reserved in all respects by Telerik.
Any Open Source Software that may be delivered by Telerik embedded in or in association with Telerik products is provided pursuant to the open source license applicable to the software.
Portions of the Software contain software code for Lucene.net, which is a search engine developed by The Apache Software Foundation. Your use of Lucene.net is governed by the terms of the Apache License, version 2.0, which can be viewed here: http://www.apache.org/licenses/LICENSE-2.0.html. 
Portions of the Software contain software code for GeoLite City with ISP and Organization Database, developed by MaxMind, which provides certain geolocation features. Notwithstanding anything else in this Agreement, Your use of the software code for GeoLite City with ISP and Organization Database is governed by the terms of the MaxMind proprietary license, which can be viewed here: <http://www.maxmind.com/en/license_sign>.
1.2 Google Maps API
Sitefinity contains a feature that will enable you to show geolocation information on your website, using the Google Maps API service.  This License does not grant you a license or any rights to the “Google Maps API”. If you choose to use Google Maps in connection with Sitefinity’s address field feature, You must obtain an API Key directly from Google. You are solely responsible for compliance with the Google Maps API Terms of Service and any other applicable Google licensing requirements related to your use or implementation of the Google Maps API. You are solely responsible for any and all fees that Google may assess related to your use or implementation of the Google Maps API.    
2. Reports and Audit Rights. Licensee shall grant Telerik audit rights against Licensee twice within a calendar three hundred and sixty five (365) day period upon two weeks written notice, to verify Licensee’s compliance with this Agreement.  Licensee shall keep adequate records to verify Licensee’s compliance with this Agreement.
3. Governing Law
This Agreement and the licenses granted hereunder will be governed by the law of the Commonwealth of Massachusetts, U.S.A., without regard to the conflict of laws principles thereof. If any dispute, controversy, or claim cannot be resolved by such good faith discussion between the parties, then it shall be submitted for resolution to a state or Federal court or competent jurisdiction in Boston, Massachusetts, USA, and the parties hereby agree to submit to the jurisdiction and venue of such court.  The Uniform Computer Information Transactions Act and the United Nations Convention on the International Sale of Goods shall not apply to this Agreement. If any provision of this Agreement is to be held unenforceable, such holding will not affect the validity of the other provisions hereof. Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
4. No Assignment
You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Telerik’s prior written consent.
5. Entire Agreement
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications regarding the subject matter hereof, and may only be amended by a written agreement between the parties. Use of any purchase order or other Licensee document in connection herewith shall be for administrative convenience only and all terms and conditions stated therein shall be void and of no effect.
6. No Waiver
Failure of a party to enforce any provision of this Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce such provision.
7. Severability
If a particular provision of this Agreement is terminated or held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, this Agreement shall remain in full force and effect as to the remaining provisions.
8. No Use By .NET Component Vendors
Individuals and companies that are Content Management System and/or .NET component vendors are not allowed to use the Software without the express permission of Telerik. If you or the company you represent is a Content Management System and/or .NET component vendor, you may not purchase a license for or use the Software unless you contact Telerik directly and obtain permission.
9. Survival
This Article III, all provisions of this Agreement containing license restrictions, warranties and warranty disclaimers, confidentiality obligations, limitations of liability and/or indemnity terms, and any terms that expressly state that they shall survive termination or expiration, shall survive termination or expiration of this Agreement.
10.  Force Majeure
Neither party shall be deemed in default of this Agreement if failure or delay in performance is caused by an act of God, fire, flood, severe weather conditions, material shortage or unavailability of transportation, government ordinance, laws, regulations or restrictions, war or civil disorder, or any other cause beyond the reasonable control of such party.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND THIS AGREEMENT, AND UNDERSTAND THAT BY CONTINUING THE INSTALLATION OF THE SOFTWARE, BY LOADING OR RUNNING THE SOFTWARE, OR BY PLACING OR COPYING THE SOFTWARE ONTO YOUR COMPUTER HARD DRIVE, YOU AGREE TO BE BOUND BY THIS AGREEMENT’S TERMS AND CONDITIONS. YOU FURTHER AGREE THAT, EXCEPT FOR WRITTEN SEPARATE AGREEMENTS BETWEEN TELERIK AND YOU, THIS AGREEMENT IS A COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES.