Licence Agreement This licence describes the agreement between BaySoft Software Development Ltd. and you, as an individual and / or the company for which you work, by which you may use the following ASP.NET controls in your applications: BaySoft Rounded Panel Control BaySoft Captcha (Security Image) Control Hereinafter referred to as “controls” If you do not agree to the terms of this licence then DO NOT USE THE CONTROLS. You may use the controls in your ASP.NET application only under the following conditions: You must include the hyperlink: compare your local estate agents at agentquote.co.uk on a search-engine accessible page of every website that uses the controls. This hyperlink must be clearly visible when viewed in a web-browser, and form part of the generated HTML. It must not be generated by JavaScript, or any other client-side scripting engine. Failure to visibly display the link in accordance with this license agreement will cause the controls to be “unlicensed”. By using these controls in an “unlicensed” state, you agree that BaySoft Software Development Ltd. will raise an invoice to you of the value or equivalent value of £100 (GBP), per unlicensed deployment of these controls. The controls will become licensed upon payment of the invoice. Right to Redistribute You may not re-distribute these controls to any other party, by any means. They may be installed into the BIN directory of any ASP.NET application, in accordance with the terms of this licence agreement only. No other means of distribution is permissible. You may link to the download site for these controls at: http://www.roundedpanel.baysoft-net.co.uk NO WARRANTY YOUR USE OF THESE CONTROLS IS AT YOUR OWN RISK. THE CONTROLS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF ANY INFORMATION OR COMMUNICATION OBTAINED THROUGH USE OF THESE CONTROLS AND SHALL NOT BE LEGALLY RESPONSIBLE FOR: (A) ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY SUCH INFORMATION; (B) ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY INFORMATION RELATED TO THE CONTROLS; (C) LOSSES OR DAMAGE ARISING FROM THE USE OF THE INFORMATION OBTAINED THROUGH USE OF THE CONTROLS; OR (D) ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE CONTROLS OR OF YOUR ABILITY TO USE THEM. WE ALSO DISCLAIM ANY WARRANTY THAT (1) OUR CONTROLS WILL MEET YOUR REQUIREMENTS; (2) OUR CONTROLS OPERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; AND (3) THE CONTROLS WILL MEET YOUR EXPECTATIONS. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL WE BE HELD RESPONSIBLE OR LIABLE FOR DAMAGE OR LOSS ARISING FROM USE OF THESE CONTROLS. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGE OR LOSS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS OR LOSS OF GOODWILL, USE, OR DATA, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, THAT YOU MAY INCUR IN CONNECTION WITH THE CONTROLS, RESULTING FROM: (A) YOUR USE OF OR INABILITY TO USE THE CONTROLS; (B) ANY OTHER MATTER RELATING TO THE CONTROLS; (C) YOUR DOWNLOADING OF THE CONTROLS; OR (D) ANY CLAIM OR CAUSE OF ACTION BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. INDEMNIFICATION You agree to defend, indemnify, and hold us harmless from and against any and all claims, demands, losses, and expenses, including penalties, interest, and solicitors’ fees incurred by us in connection with your breach of this Agreement or use of the Controls, including, but not limited to, your violation or infringement of copyrights, trademarks, or any other proprietary rights. Term The term of this Agreement shall commence upon your acceptance of the terms and conditions of this Agreement and shall remain effective until terminated by you or BaySoft Software Development Ltd. You may terminate this Agreement at any time, provided that you discontinue all use of the Controls. We may also terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you use of the Controls, if in our sole discretion we determine that you have failed to comply with any term or provision of this Agreement. Upon termination of this Agreement by you or BaySoft Software Development Ltd, you must promptly destroy all copies of the Controls, whether made under the terms and conditions or otherwise. In the event we believe that you have failed to comply with all terms applicable to your use of our Controls, you agree that we have the right, in our sole discretion and without notice, to terminate your ability to make use of them without notice and without liability. You agree that you do not have any rights in our Controls and that we will have no liability to you if our Controls are discontinued or your ability to use our Controls is terminated.