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Telerik End User License Agreement for FiddlerCore Embedded Engine (Last Updated March 18, 2015) 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 THROUGH THIS WEB SITE (Telerik.com). THIS AGREEMENT CONSTITUTES A LEGALLY BINDING AGREEMENT BETWEEN YOU OR THE COMPANY WHICH YOU REPRESENT AND ARE AUTHORIZED TO BIND (the "Licensee" or "You" or "Your"), AND TELERIK INC. ("Telerik" or "Licensor"). PLEASE CLICK THE "I AGREE" BUTTON AT THE BOTTOM OF THIS AGREEMENT IF YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING THE "I AGREE" BUTTON AND/OR BY PURCHASING, DOWNLOADING, INSTALLING OR OTHERWISE USING THE SOFTWARE MADE AVAILABLE BY TELERIK THROUGH THIS WEB SITE, 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. This License does not grant You a license or any rights to use or distribute the FiddlerCore Embedded Engine in a public facing, redistributable Integrated Product. For the FiddlerCore Embedded Engine Commercial License, please contact Telerik sales at sales@telerik.com. This is a license agreement and not an agreement for sale. 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 DEFINITIONS "Authorized End Users" means Licensee's own employees or subcontractors, each of whom is authorized to use the Software as part of Your Integrated Product solely for Your benefit and in accordance with the requirements of this Agreement. "Documentation" means the documentation accompanying the Program. "Integrated Product" means a single internal-facing Licensee software product into which the Program is integrated. "Integrated Product" as defined herein, is further limited to Licensee's software product which: (i) is developed by Your Licensed Developers; (ii) adds substantial functionality beyond the functionality provided by the incorporated components of the Program; (iii) has functionalities which would be considered improvements within the natural progression of the software product; and (iv) is not a commercial alternative for, or competitive in the marketplace with, the Program or any components of the Program. "Licensed Developers" means one of Your employees or third-party consultants authorized to develop software specifically for You using the Software in accordance with this Agreement. "Program" means Licensor's computer software identified as FiddlerCore Embedded Engine and any updates, upgrades, modifications and error corrections provided to Licensee during the term of the Agreement. The Program is licensed hereunder to License in object code only. "Software" means the Programs and the Documentation collectively. 2 LICENSE GRANT Subject to the terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee and Licensee hereby accepts, a limited, non-transferable, sub-licenseable (solely as set forth in Section 2.3 below), non-exclusive license to install, copy, use, and embed within its Integrated Product the Program in executable, object code form only. 2.1 Personal and Educational License The Personal and Educational License is intended for use by students and professors in conjunction with online or in person classroom training and education. Any use or distribution of the software for commercial purposes is expressly prohibited. If You are not a professor or student enrolled at an academic institution who is using the software solely for educational/training purposes, You must obtain a commercial license from Telerik. 2.1.1 Personal and Educational License Grant. If You download and accept the free Personal and Educational License, then, subject to the terms and conditions set forth in this Agreement, Licensor hereby grants to Licensee and Licensee hereby accepts a personal license to use the Software for personal or academic purposes only and solely as part of the academic training or educational course in which You are enrolled. You are not allowed to integrate the Software into end products for any commercial purpose. You may not redistribute the Software to end users other than individuals participating in the academic training or educational course in which You are enrolled. Your Integrated Product may not be used for any nonacademic or commercial purpose unless You purchase a commercial license from Telerik. 2.1.2 Support. No dedicated technical support is provided with the Software, however, as part of Your license You are allowed to access the public support resources offered by Telerik in its sole discretion (e.g. documentation, code library, forums). 2.1.3 Updates. At Telerik's sole discretion, You may receive minor updates (i.e. service pack updates) for the Software version You are using subject to this License. You are not eligible to receive major updates (i.e. major revisions to or new versions of the Software) for the Software. Software 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 Section 2.1. 2.1.4 THE EDUCATION VERSION OF THE SOFTWARE IS LICENSED 'AS IS'. YOU BEAR THE RISK OF USING IT. TELERIK GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL RIGHTS UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, TELERIK EXCLUDES THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. 2.2 Internal Business Systems License with Updates and Support 2.2.1 Internal Business Systems License Grant. If You purchase an Internal Business Systems License with Updates and Support, Your Licensed Developers may use the Software in object code form only in the development of one Integrated Product. In addition, for the applicable period of one (1), two (2) or three (3) years from the date on which You purchased the Software, for which You have purchased updates and support (the "Subscription Period"), You will receive minor and major updates for the Software, as well as the "Priority" support package, each as described in further detail below. 2.2.2 Internal Business Systems Scope of Use. Your number of Licensed Developers must correspond to the maximum number of seats You have purchased from Telerik hereunder. This means that, at any given time, the number of Licensed Developers cannot exceed the number of seats that You have purchased from Telerik and for which You have paid Telerik all applicable license fees pursuant to this Agreement. The Software is in "use" on a computer when it is loaded into temporary memory (i.e. RAM) or installed into permanent memory (e.g. hard disk or other storage device). Your Licensed Developers may install the Software on multiple machines, so long as it is not being used simultaneously for development purposes at any given time by more Licensed Developers than You have seats. 2.2.3 Support. During the Subscription Period, You are entitled to the "Priority" support package as described in greater detail here: http://www.telerik.com/purchase/support-plans/, subject to the limitations and restrictions described in the following Fair Usage Policy. 2.2.3.1 Support Package Fair Usage Policy. Telerik may limit or terminate Your access to any or all of the support services available under the "Priority" support package if Your use of the support services is determined by Telerik, in its sole and reasonable discretion, to be excessive. 2.2.3.2 In no event will Telerik provide support of any kind