This is a commercial license. A perpetual license allows you to continue to use the extension indefinitely. There is no requirement to pay again to continue using the extension.
Here is the license agreement:
Commercial Software License Agreement – Perpetual License
THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN MZSOLUTIONS & SOFTWARE SRL, 11 GEORGE TOPIRCEANU,
700487 IASI ROMANIA, FISCAL IDENTIFICATION NUMBER 33402365, REGISTRY OF COMMERCE REGISTRATION NUMBER J22/1146/2014
("We," "Us") AND YOU OR THE ORGANISATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW ("You") IN
RELATION TO THE SOFTWARE. BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING
TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT, DO NOT PROCEED
WITH THE DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE SOFTWARE IS
PROTECTED BY ROMANIA COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, 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.
1. OWNERSHIP, LICENSE GRANT, SUPPORT
This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual property rights
inherent in or relating to 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 rights other than those expressly granted by this License Agreement.
Subject to the payment of the applicable fee and subject to the terms and conditions of this License Agreement, We
grant to You a non-transferable, non-exclusive license (i) for Designated User(s) (as defined below) within Your
organisation to install and use the Software on maximum 2(two) workstations used exclusively by such Designated User(s)
and (ii) for You to install and use the Software in connection with unlimited domains and sub-domains on unlimited
servers, solely in connection with distribution of the Software within the meaning and in accordance with sections 3
and 4 below. This license is not sub-licensable except as explicitly set forth herein.
"Designated User" shall mean a single distinct person for whom You have purchased a license to use the Software,
whether such person is an employee acting within the scope of their employment with You or Your consultant or
contractor acting within the scope of the services they provide for You. A Designated User can be replaced with a
new Designated User only after being a Designated User for a minimum of six (6) months.
Support: This license includes support for the first year after purchase – please refer to the “update subscription”
paragraph bellow for features included in support. After the first year, you will not benefit from version updates and
bug fixes unless you purchase an “update subscription”. If You elect not to renew the Support, You may later
re-subscribe or subscribe, as the case may be, to Support. If You had elected not to renew the Support and later wish
to re-subscribe to Support then You must pay: (i) the applicable fees for the Support, and (ii) the amount of fees
that would have been paid for the period of time that You had not subscribed to Support.
Requirements: Each Designated User(s) must be commercially licensed separately for Sencha Ext JS - the number of
licenses you use must match the number of Sencha Ext JS licenses
2. PERMITTED USES, SOURCE CODE, MODIFICATIONS
We provide You with source code so that You can create Modifications of the original Software, where Modification means:
a) any addition to or deletion from the contents of a file included in the original Software or previous Modifications
created by You, or
b) any new file that contains any part of the original Software or previous Modifications. While You retain all rights
to any original work authored by You as part of the Modifications, We continue to own all copyright and other
intellectual property rights in the Software.
You may NOT further re-distribute the source code in any way.
You may distribute the Software and your adaptations of the Software by integrating it in any applications, frameworks,
or elements (collectively referred to as an “Application” or "Applications") that you develop using the Software in
accordance with this License Agreement, provided that such distribution does not violate the restrictions set forth
in Section 4 of this License Agreement (the distribution of our Software may only be made by integrating it in the
Applications that you sell, rent, etc). You must not remove, obscure or interfere with any copyright, acknowledgement,
attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection
with the Software.
You are required to ensure that the Software is not reused by or with any applications other than those with which You
distribute it as permitted herein. For example, if You install the Software on a customer's server, that customer is
not permitted to use the Software independently of Your Application, and must be informed as such.
You will not owe Us any royalties for Your distribution of the Software in accordance with this License Agreement.
4. PROHIBITED USES
You may not, without Our prior written consent, redistribute the Software or Modifications other than by including the
Software or a portion thereof within Your own product, which must have substantially different functionality than the
Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions
thereof, for software development or application development purposes. You are explicitly not allowed to redistribute
the Software or Modifications as part of any product that can be described as a development toolkit or library, an
application builder, a website builder or any product that is intended for use by software application, or website
developers or designers. You are not allowed to redistribute any part of the Software documentation.
You may NOT use or distribute the Software or Modifications as component of a SAAS type service (software as a service):
i.e. if you merchandise or otherwise distribute software as a service, you may not include or use the Software or
Modifications in the Applications that you merchandise as SAAS. For such use you should contact us at: firstname.lastname@example.org
You may not change or remove the copyright notice from any of the files included in the Software or Modifications.
UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS THE BASIS FOR OR IN CONNECTION WITH A PRODUCT THAT IS INTENDED FOR
SOFTWARE OR APPLICATION DEVELOPMENT PURPOSES
This License Agreement and Your right to use the Software and Modifications will terminate immediately without notice if
You fail to comply with the terms and conditions of this License Agreement. Upon termination, You agree to immediately
cease using and destroy the Software or Modifications, including all accompanying documents. The provisions of
sections 4, 5, 6, 7, 8, 9 and 10 will survive any termination of this License Agreement.
6. DISCLAIMER OF WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US TO DO SO.
7. LIMITATION OF LIABILITIES
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT OR CONSEQUENTIAL 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY AND ALL CASES,
OUR ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
FOR THE SOFTWARE. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY ACTION ARISING BY, THROUGH, OR UNDER THIS LICENSE
AGREEMENT AND, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE ANY SUCH RIGHTS.
We or a certified auditor acting on Our behalf, may, upon its reasonable request and at its expense, audit You with
respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an in-person visit
to Your place of business. Any such in-person audit shall be conducted during regular business hours at Your facilities
and shall not unreasonably interfere with Your business activities. We shall not remove, copy, or redistribute any
electronic material during the course of an audit. If an audit reveals that You are using the Software in a way that
is in material violation of the terms of the License Agreement, then You shall pay Our reasonable costs of conducting
the audit. In the case of a material violation, You agree to pay Us any amounts owing that are attributable to the
unauthorised use. In the alternative, We reserve the right, at Our sole option, to terminate the licenses for
9. PAYMENT AND TAXES
If credit or deferred payment has been extended to You by Us, all payments under this Agreement are due within thirty
(30) days of the date We mail an invoice to You. If We have not extended credit to You, You shall be required to make
payment concurrent with the delivery of the Software by Us. All amounts payable are gross amounts but exclusive of any
value added tax, use tax, sales tax or similar tax. You shall be entitled to withhold from payments any applicable
withholding taxes and comply with all applicable tax and employment legislation. Each party shall pay all taxes
(including, but not limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations
and tax treaties as a result of this Agreement and any payments made hereunder (including those required to be withheld
or deducted from payments). Each party shall furnish evidence of such paid taxes as is sufficient to enable the other
party to obtain any credits available to it, including original withholding tax certificates.
The license granted herein applies only to the version of the Software available for download 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 offered for that version of the Software. You agree that you will comply
with all applicable laws and regulations with respect to the Software, including without limitation all export and
re-export control laws and regulations.
If You opt for an ”update subscription” service: while subscription is paid, You shall have the following benefits:
-You shall receive all the major version updates and bug fixes generally developed by Us for the Software and
distributed to all clients
-You may pinpoint a bug or a problem to Us and We shall try (without any delivery guarantee)
to find a solution to the indicated bug/problem, as long as such bug is not part of the base Sencha Ext JS framework.
-bug/problems notifications and other communications may be made only by e-mail at: email@example.com
While redistributing the Software or Modifications thereof, You may choose to offer acceptance of support, warranty,
indemnity, or other liability obligations and/or rights consistent with this License Agreement. However, in accepting
such obligations, You may act only on Your own behalf and on Your sole responsibility, not on our behalf. You agree to
indemnify, defend, and hold Us harmless from and against any liability incurred by, or claims asserted against,
Us (i) by reason of Your accepting any such support, warranty, indemnity or additional liability; or (ii) arising
out of the use, reproduction or distribution of Your Application, except to the extent such claim is solely based
on the inclusion of the Software therein.
You agree to be identified as a customer of Ours and You agree that We may refer to You by name, trade name and
trademark, if applicable, and may briefly describe Your business in our marketing materials and web site.
You may not assign this License Agreement without Our prior written consent, which will not be unreasonably withheld.
This License Agreement will inure to the benefit of Our successors and assigns.
You acknowledge that this License Agreement is complete and is the exclusive representation of our agreement. 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 License Agreement in any way, and You may not rely on any such oral or written information.
No term or condition contained in any purchase order shall apply unless such term or condition is expressly accepted
by Us in writing,
There are no implied licenses or other implied rights granted under this License Agreement, and all rights, save for
those expressly granted hereunder, shall remain with Us and our licensors. In addition, no licenses or immunities are
granted to the combination of the Software and/or Modifications, as applicable, with any other software or hardware
not delivered by Us to You under this License Agreement.
If any provision in this License Agreement shall be determined to be invalid, such provision shall be deemed omitted;
the remainder of this License Agreement shall continue in full force and effect. If any remedy provided is determined
to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this
License Agreement shall remain in effect.
This License Agreement may be modified only by a written instrument signed by an authorised representative of each party.
This License Agreement is governed by the law of Romania, and all parties irrevocably submit to the jurisdiction of
the courts of the Iasi county, Romania and further agree to commence any litigation which may arise hereunder in the
courts located in the judicial county of Iasi, Romania.