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Version 4.0 BETA 1

License Agreement

PLEASE READ THE LICENSE CAREFULLY BEFORE CLICKING ON THE "I ACCEPT" BUTTON, AS BY CLICKING ON THE "I ACCEPT" BUTTON YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT.

IT MILL SOFTWARE LICENSE AGREEMENT

1. Definitions. As used in this Agreement:
(I) "Server" means a JVM (Java Virtual Machines) that delivers presentation logic using IT Mill Toolkit to a web browser. This definition implies that one computer can contain multiple Servers as well as that one Server can utilise multiple processors.
(II) "Documentation" means all online and offline help files, reference documents and written instruction manuals regarding the use of the Software.
(III) "Revision" means a set of the Software in which detected shortcomings are being remedied, i.e. 4.0.1 < 4.0.2.
(IV) "Minor Version" means a set of the Software in which in addition to possible corrections of detected shortcomings, small functional enhancements have been included, i.e. 4.1 < 4.2.
(V) "Major Version" means a set of the Software in which substantial new -but successor- functionalities or other substantial changes are introduced, i.e. 4.0 < 5.0.
(VI) "Software" means the source - and object code of the computer program(s) as well as style and theme definition files and digital images packaged in product distribution package specified in the applicable Product Order Form and distributed by IT Mill.
(VII) "Product Order Form" is provided by IT Mill as a part of product purchase process and lists purchased products, maintenance services, support service level, date of purchase, fees and payment information. Product Order Form can be either provided by IT Mill web-based order system or by IT Mill sales representative in written form.
(VIII) "License File" is digitally signed proof of purchase for Lisensee provided by IT Mill. License File includes name of the Licensee, licensed Software and its versions coveder by the license. Furthermore, the License File sets restrictions for the use of the specified Software by the Licensee. Restrictions can include but are not limited to number of Servers the Software can be concurrently used in, number of concurrent users per Server, time limit for use, purpose for use of Software or named Licensees product Software can be used with.
(VIII) "Agreement" means this End User License Agreement and License Files provided by IT Mill to Licensee as well as Product Order Form if it is provided by IT Mill.

2. Rights of Licensee. Subject to the terms and conditions set forth in the Agreement, IT Mill grants to Licensee the perpetual, non-exclusive, non-transferable right to:
(I) install and/or use the Software on one or more computers, provided, however, that the terms and restrictions set in the unmodified License Files provided by IT Mill are not violated or exceeded ,
(II) copy the Software for backup or archival purposes (without removing any proprietary markings) and reproduce the Documentation for Licensee's own use.
Licensee acquires no rights other than those listed in this Agreement.

3. License Restrictions. Licensee agrees not to (i) assign, lease, transfer, or sublicense the Software licenses or Documentation; (ii) decompile, disassemble, or reverse engineer the Software, in whole or in part, except where otherwise -and to the extent- provided by applicable Law; (iii) exceed or otherwise violate the terms and restrictions in unmodified License Files provided by IT Mill.

4. Title. All right, title and interest in the Software and the Documentation, and any modifications thereof, shall remain vested in IT Mill at all times. This Agreement does not constitute a transfer to Licensee of any title or intellectual property rights to the Software and Documentation, or modifications thereof, or of any intellectual property right such as copyrights and database rights, patents, trademarks or trade names relating thereto.

5. Warranties. IT Mill warrants that it has title to and/or the authority to grant licenses of the Software.
(I) EXCEPT WITH RESPECT TO ANY SAMPLE OR DEMO APPLICATION CODE AND FREE, TRIAL, PRE-RELEASE OR BETA VERSIONS OF THE SOFTWARE, IT MILL WARRANTS SUBSTANTIAL COMPLIANCE OF THE SOFTWARE IN REGARD TO THE DOCUMENTATION FOR A PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE. NON-COMPLIANT SOFTWARE OR DEFECTIVE MEDIA WILL BE CORRECTED OR REPLACED AS APPROPRIATE OR, IF NEITHER OF THE ABOVE IS COMMERCIALLY PRACTICABLE, THE AGREEMENT WILL TERMINATE WITH RESPECT TO THE NON-COMPLIANT SOFTWARE OR PART THEREOF AND LICENSEE WILL BE REFUNDED THE LICENSE FEES PAID FOR SUCH SOFTWARE OR PART THEREOF
(II) IT MILL PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR ANY SAMPLE APPLICATION CODE AND TRIAL VERSIONS OF THE SOFTWARE. ANY SAMPLE APPLICATION CODE AND TRIAL VERSION OF THE SOFTWARE ARE PROVIDED "AS IS". 
(III). THE WARRANTIES ARE SUBJECT TO THE FOLLOWING CONDITIONS: (I) THE SOFTWARE HAS BEEN USED AT ALL TIMES IN ACCORDANCE WITH THE DOCUMENTATION AND SUPPORTED PLATFORMS; (II) LICENSEE HAS GIVEN PROMPT WRITTEN NOTICE TO IT MILL OF ANY CLAIM, ACTION OR NON-COMPLIANCE, AND GIVEN IT MILL THE AUTHORITY TO REPRESENT LICENSEE AS CONTEMPLATED ABOVE; AND (III) NO MODIFICATIONS, ALTERATIONS OR ADDITIONS HAVE BEEN MADE TO THE SOFTWARE THAT HAVE CAUSED IT TO DEVIATE FROM THE DOCUMENTATION OR INFRINGE THIRD PARTY RIGHTS THAT THE SOFTWARE, AS DELIVERED, WOULD NOT HAVE INFRINGED. THE FOREGOING ARE LICENSEE'S SOLE AND EXCLUSIVE REMEDIES UNDER THIS LICENSE. THE WARRANTY IS MADE TO AND FOR THE BENEFIT OF LICENSEE ONLY. NO OTHER WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN IN THIS AGREEMENT REGARDING THE SOFTWARE OR ANY RELATED SERVICE, INCLUDING ERROR FREE OR UNINTERRUPTED PERFORMANCE, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR LICENSEE'S INTENDED USE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT.
(IV) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF PURCHASE. 
(V) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY IT MILL, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

6. Liability. (I) IN NO EVENT WILL IT MILL BE LIABLE FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A IT MILL REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS AND EXCLUSIONS APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IT MILL'S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE SOFTWARE LICENSE FEE RECEIVED BY IT MILL FROM LICENSEE. 
(II) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS LICENSE AGREEMENT.

7. Default. A party who fails to perform any obligation under this Agreement by the date provided in or under the Agreement, shall only be in default if the other party has given it written notice of default by registered letter and no performance has taken place within the reasonable period specified in the notice.

8. Confidential Information. Confidential Information of the other party will be used solely for the purpose of this Agreement and will not be directly or indirectly disclosed, by action or omission to any third party without the other party's prior written consent. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Nothing herein prevents Licensee from participating in routine discussions in a "IT Mill Software user group" context or the parties from divulging Licensee's intended use of the Software. Either party may refer to the other as either supplier or customer, as appropriate.
"Confidential Information" includes this Agreement, the object-code Software or source derived there from, its Documentation, information, data sheets, benchmark tests, specifications, and any other proprietary information clearly marked as "confidential information". It does not include information that is (i) publicly available, or (ii) obtained independently without violation of this License, or (iii) obtained from third parties without restrictions on disclosure, or (iv) required to be disclosed by applicable law, order of a court or other governmental entity.

9. Payments. In consideration of the rights granted herein, Licensee agrees to pay IT Mill the amounts ("the Fees") specified in the applicable Product Order Form(s). IT Mill's pricing reflects the allocation of risks and limitation of liability. Except as otherwise provided in the warranties section, the Fees are non cancelable and non-refundable and due and payable in full within thirty (30) days as of the date of purchase. All charges and fees provided for in this Agreement are exclusive of and do not include any VAT-taxes, similar governmental charges and Licensee agrees to reimburse IT Mill for the aforementioned taxes and charges (if any). Any amounts due not paid within thirty (30) days will be subject to interest of one (1) per cent per month, of which the interest will be immediately due and payable.

10. Term and Termination. The license commences on the date of purchase stated in the Product Order Form and will remain in force. IT Mill may forthwith terminate this Agreement only if: (i) Licensee breaches this Agreement and such breach is not cured within thirty (30) days after Licensee has been given written notice of such breach; or (ii) if Licensee terminates its business activities or becomes insolvent, is unable to pay its debts as they mature, makes an assignment for the benefit of creditors or becomes subject to direct control of a trustee, receiver or similar authority. No termination on the basis of this provision will entitle Licensee to a refund of any portion of the fees paid to IT Mill.
Maintenance services will start at the date of purchase and remain in force until a period of 1 year. The Maintenance services will automatically renew for all available offerings at the end of the first Term and any subsequent Terms unless Licensee has provided IT Mill with a written termination notice of its intention not to renew the Subscriptions at least thirty (30) days prior to the expiration of the then current Maintenance Term. No termination on the basis of this provision will entitle Licensee to a refund of any portion of the Maintenance fees already paid to IT Mill.
Termination will not affect either party's obligations regarding Confidential Information, payments, limitations of liability, and/or applicable law, which provisions will survive termination of this license. Upon termination of this license, Licensee agrees to forthwith discontinue any use of the Software, related Documentation, Confidential Information and derivative works or copies thereof. Licensee agrees to then supply IT Mill with a License Agreement signed by an executive officer of Licensee verifying that this provision has been complied with.

11. Waiver. Any waiver of the provisions of this Agreement, or rights of either party must be in writing to be effective. Failure or delay to enforce any such rights, will not be construed as a waiver and will not affect the validity (in whole or in part) of this Agreement or prejudice such party's right to take subsequent action.

12. Severability. If any provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the parties will in good faith agree to such amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on such an amendment, such invalid provision will be severed from the remaining provisions, which will continue to be valid and enforceable to the fullest extent permitted by applicable Law.

13. Standard terms. No terms or conditions of any purchase order, acknowledgement or other business form that Licensee may use in connection with the acquisition or licensing of the Software and related services will have any effect on the rights, duties or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of IT Mill to object to such terms, provisions or conditions.

14. Audit. Licensee agrees to give IT Mill access and assistance as may be necessary for IT Mill to audit Licensee's compliance with this Agreement. The audit shall be conducted at IT Mill's expense unless the results of such an audit establish that Licensee's use of the Software exceeds the authorized use. Any use in excess will be regularized and the balance will be immediately due and payable.

15. Applicable Law. All parties will not be bound by any statements other than those included in this copy of the Agreement. This License Agreement shall be construed as under and governed in accordance with the laws of the Finland. Both parties agree that any disputes arising out of this License Agreement or its interpretation shall be finally settled in arbitration by a single arbitrator in accordance with the Rules of the Arbitration Committee of the Finnish Central Chamber of Commerce pursuant to the regulations in force. The arbitration shall be conducted in Turku, Finland. This Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.

16. Maintenance. Licensee is entitled to receive generally available Revision and Minor Versions of the Software and the related Documentation. Generally available Major Versions of the Software will be made available against an upgrade fee and will be shown on the website http://www.itmill.com. The level of Maintenances is indicated in the Product Order Form.

17. Support. Licensee is entitled to receive support pursuant to the support level mentioned in the Product Order Form as shown on the website http://www.itmill.com and changed from time to time.

18. Force Majeure. Licensee is aware that the Software is connected with or wholly or partially based on an portfolio of third party technology products, industry standards and/or official standards such as HTML, xHTML, Java programming language, Javascript, CSS/Cascade Style Sheets, XML, XSLT, XPath and e.g. internet related aspects as bandwidth, firewalls, cpu/computer processor units etc. which is ever changing or may be even be succeeded by yet unknown new products or techniques. Therefore performance interruptions due to such cause(s) are excluded from any liability of IT Mill to Licensee or any of its affiliates and form a force majeure. Nevertheless IT Mill maintenance & support policies are focused to adapt, where possible the Software, to overcome interruptions as mentioned.

The Software itself is not fault-tolerant and is not designed, manufactured, or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("high risk activities"). Customer shall not use the Software for such high risk activities.

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Licensing in nutshell:

Free for learning, development and testing
Free for small production deployments (max 4 concurrent active users per server)
Commercial license is required for larger production environment
For distributing IT Mill Toolkit as a part of your own product, either purchase suitable commercial deployment licenses or contact us for OEM-license tailored for your needs.

Download the full license in PDF format.

Nightly Builds:

We offer automatic nightly builds for early access to upcoming features and fixes. Latest Nightly Builds

Latest Release:

IT Mill Toolkit 5.1.2

Download IT Mill Toolkit

Version 4.0 BETA 1

License Agreement

Licensing in nutshell:

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