Developers License Agreement
Version 5.1.0 for C and version 4.4.6 for Java are the latest releases of the NetNumber ENUM Client SDK. Using the SDK greatly simplifies the integration of ENUM and DNS capabilites into your application server platform.
For additional ENUM Client SDK details review the NetNumber ENUM Client SDK White Paper.
The ENUM Client SDK for Java has been designed to be compatable with JDK 1.2 or greater. The libraries packaged with the ENUM Java API were compiled on a Solaris 8 platform using JDK 1.4.2_01
The ENUM Client SDK for C/C++ provides libraries and has been tested on Red Hat Linux ES 3.0 and Solaris 9.
Please read and accept the NetNumber Developers License Agreement below to proceed to the download area.
NETNUMBER, INC.
DEVELOPERS LICENSE AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE NETNUMBER LICENSED MATERIALS. NETNUMBER WILL ONLY LICENSE SUCH LICENSED MATERIALS TO DEVELOPER IF DEVELOPER FIRST ACCEPTS THE TERMS OF THIS AGREEMENT. REGARDLESS OF HOW DEVELOPER ACQUIRES THE LICENSED MATERIALS (ELECTRONICALLY, ON MEDIA OR OTHERWISE), BY USING THEM DEVELOPER AGREES TO THESE TERMS.
NetNumber, Inc. ("NetNumber") provides the NetNumber™ ENUM Service, an Internet-based directory service which links telephone numbers to Internet addresses ("NetNumber ENUM Service"). Developer is an IP communications vendor or service provider. Under this Developers License Agreement (the "Agreement"), NetNumber grants Developer a license to the NetNumber Licensed Materials to enable Developer's software to interoperate with the NetNumber ENUM Service. This Agreement constitutes the entire agreement with respect to the subject matter hereof, and supersedes all prior or contemporaneous communications or agreements, oral or written, between Developer and NetNumber. Except as set forth in Section 8.3, for a change to be valid, both Developer and NetNumber must sign it.
1. DEFINITIONS
1.1 Developer Application means Developer software compiled with the NetNumber Runtime Components.
1.2 NetNumber Runtime Components means (i) the software libraries, in binary executable form or source interpretable form, more specifically described in the NetNumber documentation current at the time of delivery, which are delivered under this Agreement, and (ii) those copyright scripts which NetNumber provides to Developer under this Agreement.
1.3 NetNumber Licensed Materials means the NetNumber Runtime Components, and other code and materials together with their associated documentation.
2. LICENSE GRANT
2.1 The NetNumber Licensed Materials are subject to copyright and patent protection, and are licensed to Developer; they are not sold. NetNumber does not transfer to Developer any title in the NetNumber Licensed Materials. Developer obtains no rights to the NetNumber Licensed Materials other than those granted under this license.
2.2 Subject to the terms and conditions of this Agreement, NetNumber grants Developer a non-exclusive, non-transferable license to:
a. compile the NetNumber Runtime Components together with Developer software to produce Developer Applications. Developer may not use, copy, or merge the NetNumber Licensed Materials, except as provided in this Agreement, or transfer, sublicense, rent or lease the NetNumber Licensed Materials;
b. reproduce and distribute the Runtime Components in binary executable form solely as integrated into one or more Developer Applications. Any distribution of a Developer Application must be pursuant to a license agreement which includes the substance of the following:
(i) prohibition from attempting to decipher, decompile, translate, or disassemble the Runtime Components, except as permitted by law without the possibility of contractual waiver; and
(ii) statements that (A) the Developer Application is protected by copyright laws and is licensed; it is not sold. Seller does not pass title to the Developer Application; (B) the Developer Application may contain, or be an authorized derivative work of, materials licensed by a third party. Such third party suppliers disclaim responsibility for such materials and their use in the Developer Application; (C) third party suppliers of the Developer Application disclaim all implied warranties. The disclaimer will include the implied warranties of noninfringement, merchantability, and fitness for a particular purpose; and (D) liability is limited to a reasonable amount, and that the collective liabilities of the seller/licensor and its third party suppliers are subject to the limitation of liabilities described in this agreement. Third party suppliers disclaim all liability for all consequential, punitive, incidental, and other indirect damages including, but not limited to, lost profits, and lost or damaged data. The third party supplier is an intended beneficiary of these limitations and disclaimers, and the limitation of liabilities for seller/licensor and its suppliers are not cumulative.
2.3 Developer may make copies of the NetNumber Licensed Materials for backup purposes, provided Developer reproduces the copyright notice and any other legend of ownership on each such copy or partial copy.
2.4 Developer may not reverse assemble, reverse compile, modify, or otherwise translate the NetNumber Licensed Materials, in whole or in part, except as specifically permitted by law without the possibility of contractual waiver.
2.5 Developer will indemnify, hold harmless, and defend NetNumber and its suppliers from and against any claims or lawsuits, including damages and attorneys fees, that arise from the distribution and development of the Developer Applications.
3. SUPPORT SERVICES
NetNumber will provide Developer with technical assistance regarding the use of the NetNumber Licensed Materials via telephone as well as via NetNumber's developer support web site. Such support will be available during normal business hours on regular business days, excluding NetNumber holidays.
4. DEVELOPER RESPONSIBILITIES
4.1 Developer will provide technical support to users of Developer Applications. NetNumber is not responsible for providing support for Developer Applications to Developer's users.
4.2 Developer will update Developer Applications with new releases of the NetNumber Runtime Components as promptly as is practical after their availability from NetNumber.
4.3 Developer agrees that NetNumber may use Developer's name and trademarks as a development partner, including a general description of the Developer Application, in its list of developer-partners, and in other promotional information including, but not limited to, press releases, brochures, reports, letters, white papers and electronic media such as e-mail or Web pages.
4.4 If Developer provides NetNumber with comments, ideas, suggestions, modifications or the like (collectively referred to as "Feedback") regarding the NetNumber Licensed Materials, Developer grants NetNumber an irrevocable, perpetual license to use the Feedback in any manner whatsoever and without accounting to Developer.
5. TERM AND TERMINATION
5.1 This Agreement becomes effective on its Effective Date and continues in effect for a period of ten (10) years except that either party may terminate this Agreement without further obligation or liability if the other party commits any breach of this Agreement and fails to remedy such breach within thirty (30) days after written notice by the other party of such breach.
5.2 If this Agreement is terminated, Developer will destroy all copies of the Licensed Materials.
5.3 Any terms of this Agreement that by their nature extend beyond termination or expiration will survive.
6. NO WARRANTY
6.1 SUBJECT TO ANY STATUTORY WARRANTIES WHICH CANNOT BE EXCLUDED, NETNUMBER MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTY OF NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE LICENSED MATERIALS OR THE SUPPORT SERVICES.
6.2 Except as set forth in Section 3 ("Support Services"), NetNumber has no obligation to provide service, software updates, defect correction, or any maintenance for the NetNumber Licensed Materials, even if such are or later become available.
7. NO LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NETNUMBER OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE NETNUMBER LICENSED MATERIALS, EVEN IF NETNUMBER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY. IN NO EVENT WILL NETNUMBER'S TOTAL LIABILITY TO DEVELOPER FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION WHATSOEVER EXCEED THE AMOUNT PAID BY DEVELOPER (IF ANY) FOR THE LICENSED SOFTWARE.
8. GENERAL
8.1 Each party will identify coordinators who will represent such party for various aspects of this Agreement and will notify the other party if these coordinators change.
8.2 Nothing in this Agreement is intended to, or should be construed to, create a partnership, agency, joint venture or employment relationship between Developer and NetNumber. Developer may not assign or sublicense the rights granted under this Agreement. Any attempt to do so is void.
8.3 NetNumber may, on written notice (which notice may include posting such notice on NetNumber's web site), modify, withdraw, or otherwise change the terms of this Agreement, including regarding the NetNumber Licensed Materials and provision of support services.
8.4 NetNumber encourages Developer to participate in NetNumber's partner programs available under separate agreements.
8.5 Developer agrees not to sell, transfer, assign, or subcontract any of its rights or obligations under this Agreement. Any attempt to do so is void.
8.6 Developer agrees not to download or otherwise export or re-export the NetNumber Licensed Materials or any underlying information or technology, except in full compliance with the United States and other applicable laws and regulations.
8.7 The failure of NetNumber to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, then such provision will be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The section headings in this Agreement are solely used for the convenience of the parties and have no legal or contractual effect.
8.8 This Agreement is exclusively governed and construed in accordance with the laws of the State of Texas without regard to conflicts of laws. The parties agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Dallas, Texas and the Dallas Division of the United States District Court for the Northern District of Texas. The parties also agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If either party employs attorneys to enforce any rights arising out of or related to this Agreement, the prevailing party will be entitled to recover its reasonable attorney's fees and costs from the other party.
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