Form Builder

This products extends the licensing of the FormBuilder to include:

1. Redistribution under Commercial License.

You may distribute the Programs as embedded in Your Products to Your end-users only pursuant to an end-user license that meets the requirements of this Section. You are not permitted to distribute the Software pursuant to this Section: as a standalone product or as a part of any product other than Your Product. Your end-user license agreement must: prohibit distribution of the Software by Your Authorized End Users; limit the liability of Your licensors or suppliers to the maximum extent permitted by applicable law. Provided Your Authorized End-Users are in compliance with their license agreements with You, any sublicenses to use the Software granted by You to Your Authorized End-Users will survive any termination of this Agreement or the License set forth herein between You and Eminence Digital. You are not allowed to, and are expressly prohibited from granting Your Authorized End-Users any right to further sublicense the Software.

2. Limited Warranty

Eminence Digital warrants solely to You that the Software will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days after the date on which You purchase the License for the Software. Eminence Digital 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) Your failure to follow operating instructions, (iii) negligence or accident, or (iv) modifications to the Software by any person or entity other than Eminence Digital. In the event of a breach of warranty, Your sole and exclusive remedy and Eminence Digital's sole and exclusive obligation, is repair of all or any portion of the Software. If such remedy fails of its essential purpose, Licensee’s sole remedy and Eminence Digital's maximum liability shall be a refund of the paid purchase price for the defective Software only. This limited warranty is only valid if Eminence Digital 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 9, EMINENCE DIGITAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

3. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Eminence Digital 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, Eminence Digital’s entire liability under any provision of this Agreement shall not exceed in the aggregate the sum of the license fees Licensee paid to Eminence Digital 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. Eminence Digital is not responsible for any liability arising out of content provided by Licensee or a third party that is accessed through the Software and/or any material linked through such content. Any data included in the Software upon shipment from Eminence Digital is for testing use only and Eminence Digital hereby disclaims any and all liability arising therefrom.

4. Indemnity

You agree to indemnify, hold harmless, and defend Eminence Digital 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 (i) Your use of the Software in violation of this Agreement, (ii) the use or distribution of Your Product or (iii) Your modification of the Software’s source code.

5. No Assignment

You may not assign, sublicense, sub-contract, or otherwise transfer this Agreement, or any rights or obligations under it, without Eminence Digital’s prior written consent.