About MESCIUS software

End User License Agreement

(Latest Updated: 2025/08/07)


Please read carefully and familiarize yourself with the important contents.


This End-User License Agreement ("EULA") contains the terms and conditions that apply to your use of the MESCIUS inc. ("MESCIUS") software (as defined below) (individually and collectively, the "Software") that accompanies or is provided with this Agreement, and imposes important restrictions on your license. You should read this EULA carefully and treat it as a valuable asset.




I. EULA


  1. This EULA is a legally binding agreement between you and MESCIUS. By indicating your agreement to the terms of this EULA, you and MESCIUS have the same legal binding force as if you had physically signed this EULA. By installing, downloading, or using this Software, you agree to all the terms of this EULA. If you are an agent of another legal entity, such as an officer or other employee representing your employer or a company, the terms "you" and "your" refer to you, the entity, or other legal entity you represent. However, it is important to note that even if you represent someone else, you may be personally liable for violations of federal and state laws, such as copyright infringement.
  2. If you do not agree to all of these terms, you may not install or use this software. If you do not agree to any of the terms contained in this Agreement, and for any reason, installation has begun or completed, you must cancel or uninstall the software. You must also immediately return the software to the business from which you purchased it, in accordance with the business's return policy.



II. Definition


The following terms are used in this EULA with the respective meanings given to them.


  1. “Affiliate” means an entity, agency or organization that controls or is under common control with another entity, agency or organization that has at least a majority ownership interest.
  2. “Application/Developed Software” means a software product developed through or using the Software.
  3. "Authorized User/Team Member" means you and your employees and independent contractors (excluding outsourcers, facility management providers, or application service providers).
  4. "Design-Time" refers to the point in time when an application is created in a development environment.
  5. “Developer” means a person or other automated device that uses the Software in accordance with the terms of this EULA.
  6. "Developer Seat Basis" means that each developer who uses or otherwise accesses the programming interface or the Software must acquire the right to do so by purchasing a separate license.
  7. "Developed Web Server Software" means a developed software product that resides logically or physically on at least one web server and runs (i.e., executes a set of computer software instructions) on the web server's central processing unit (CPU).
  8. "Distribution Key" means the serial key assigned to the distribution of the User's developed software.
  9. "Documentation" means anything provided to you with or in connection with the SOFTWARE, including help files, samples, databases, images, etc.
  10. "Network Server" means a computer with one or more computer central processing units (CPUs) that operates to provide services to other computers that are logically or physically connected to it, including but not limited to other computers connected via an internal network, an intranet, or the Internet.
  11. "Network Server Basis" means that a single installation of the Software may be performed on a single network server for use in developing and deploying web-based applications and Report Definition Files.
  12. “Object Code” is a set of instruction codes that the lowest hardware level computer understands.
  13. "Online or Electronic Documentation" means data, data engines, images, upgrades and updates provided to you for use with or in connection with the Software.
  14. "Open Source Software" means the open source components included in the Software and provided under the applicable license terms, including but not limited to the BSD License, the MIT License, and the Apache License, which can be found in the LICENSE.txt file provided with the Software.
  15. "Redistributable Files" means the Software files or other portions of the Software identified in the documentation provided by MESCIUS for distribution with your developed Software.
  16. “Serial Key” means the unique set of characters associated with the activation of this Software.
  17. “Resellers and Distributors” means MESCIUS Authorized Partners.
  18. "Runtime" refers to the time a user interacts with an application, exactly as the user interacts with it. The code can be viewed, but not changed.
  19. "Site" means a single physical location corresponding to a single physical email address on the server where your developed software resides.
  20. "SOFTWARE" shall include, to the extent provided by MESCIUS: (1) any data, images or executables, databases, data engines, computer software or similar items customarily used or distributed with computer software products; (2) any modifications, updates and/or upgrades to the Software; (3) anything in any form designed for use with or related to the Software; and (4) any associated media, documentation (including physical, electronic and online) and printed materials ("Documentation").
  21. "Source Code" means the original computer software code or a program in human-readable form (e.g., a printed listing of a program written in a high-level computer language). The term "Source Code" includes, but is not limited to, documentation and materials supporting the development of this software, such as flowcharts, pseudocode, and program notes.
  22. “Team” means a development group of five or fewer developers who are licensed to use the Software under the terms of this EULA.
  23. “UPDATE” means a modification to the Software or an enhancement to the functionality of the Software, including new features or improvements.
  24. “UPGRADE” means a subsequent version of the Software that MESCIUS designates as a new release and makes commercially available.
  25. A "Web Server" is a type of network server that provides services to other computers specifically connected to it via an intranet or the Internet.



III. License Grant and Restrictions


The following applies to all individual software product types and versions mentioned herein.


  1. General License. Subject to the terms of this EULA, you are granted a limited, royalty-free, non-exclusive right to install and use the Software in a manner consistent with the Software Documentation and the license you purchased.


a. Standard Developer License. This section applies only to the Standard Developer License. Subject to the terms of this EULA, you are granted a license to use the Software and minor updates (e.g., hotfixes, service packs) on an annual or perpetual basis, based on your developer status.


Development License. Subject to the terms of this EULA, you may install the Software on one or more computers, each with a single input device, for an unlimited number of uses to design, test, and create software developed by a single developer. However, (1) such computer is used by only one developer at a time, from a central location, and not by multiple users simultaneously, and (2) you are the primary licensed user. If MESCIUS determines that the license is being used by more developers or more than one authorized location than the number of developer licenses you have purchased, you must immediately pay MESCIUS the applicable fee for additional users.


Distribution License. If your developed software incorporates this software as an integral part of a machine language compiled format (typically ".exe" or ".dll"), you may distribute the developed software royalty-free, provided that distribution is conducted only on a single site.


The developer license granted under this EULA may be limited to a certain number of days after the initial installation of the Software, unless you provide information necessary to activate the licensed product, as the case may be, during the Software setup process and in dialog boxes that appear during your use of the Software.


Restrictions. You are not granted a license to install or use the Software on multiple sites. Furthermore, you may not install or use the Software on a computer that is a network server or on a computer used by more than one developer or on more than one site. You may not add or transfer the Software's serial number to a computer on which the Software is installed. You may not network the Software or any component thereof that is used or available to more than one developer, unless you purchase an additional developer license for each developer. Additional developer users, whether accessing the Software in a standalone environment or over a computer network, require the purchase of an additional, separate developer license.


Users of the developed software may not directly or indirectly use the software or redistributable files for development purposes. In particular, if you create a control (or user control) using the software as a component control, you may not distribute the control created with the software to users for development purposes.


b. Standard Distribution License. This section applies only to the Standard Distribution License. Subject to the terms of this EULA, you are granted a license to distribute the Software as part of your application, either annually or perpetually, based on the purchase term.


Users may deploy the software up to the total number of hostnames, domains, or desktop and mobile applications included in their purchase. This license does not apply to any other company affiliates or subsidiaries.

A unique deployment license key is generated for your site or application. Site-wide licenses exclude the *.powerbi.com domain. For an up-to-date list of restricted sites, please contact MESCIUS Sales.


Restrictions. You may not, directly or indirectly, (a) distribute, disclose, or otherwise make available to any third party the Software, any portion thereof, modified versions, or derivative works thereof in source code form (except to the extent this restriction is expressly prohibited by applicable law or an applicable open source license); (b) reverse engineer, decompile, disassemble, sublicense, rent, or lease the Software, the Source Code, or any portion thereof (except to the extent this restriction is expressly prohibited by applicable law or an applicable open source license); (c) remove, alter, or obscure any proprietary notices, labels, trademarks, or other intellectual property notices that appear on the Software provided to you; (d) develop applications or engage in activities that are competitive with the Software using the Software, the Source Code, or any portion thereof; or (e) use the Software in excess of the license you have purchased. (f) The Standard Distribution License is licensed per named hostname/domain. Once assigned, this named license cannot be revoked, modified, or substituted. You must purchase additional deployment licenses for each additional server host name or named mobile and/or desktop application.


c. Add-On License(s). Subject to the terms of this End User License Agreement (EULA) and your purchase agreement, you are granted an annual or perpetual license to distribute or otherwise distribute add-ons as part of your application, provided you have paid the appropriate add-on license fee.


d. Unlimited Developer License. This section applies only to the Unlimited Developer License. Subject to the terms of this EULA, you are granted a royalty-free license to use the Software in perpetuity based on your Developer status.


Development License. Subject to the terms of this EULA, you may install the Software on one or more computers, each with a single input device, for an unlimited number of uses to design, test, and create software developed by a single developer. However, (1) such computer is used by only one developer at any given time and not by multiple people simultaneously, and (2) you are a licensed user. If MESCIUS determines that more developers are using the Software than the number of developer licenses you have purchased, you must immediately pay MESCIUS the applicable fee for additional licenses.


Distribution License. If your developed software incorporates this software as an integral part of a machine language compiled format (typically ".exe" or ".dll"), you may distribute the software royalty-free and on multiple sites without restriction.


The developer license granted under this EULA may be limited to a certain number of days after the initial installation of the Software, unless you provide information necessary to activate the licensed product, as the case may be, during the Software setup process and/or in dialog boxes that appear during your use of the Software.


Restrictions. You may not install or use the Software on a computer that is a network server or on a computer used by more than one developer. You may not add or transfer the Software's serial number to a computer on which the Software was developed. You may not network the Software or any component thereof that is used or available to more than one developer, unless you purchase an additional developer license for each developer. Additional developers must purchase a separate developer license to access the Software, regardless of whether they access the Software in a standalone environment or on a computer network.


Users of the developed software may not directly or indirectly use the software or redistributable files for development purposes. In particular, if you create a control (or user control) using the software as a component control, you may not distribute the control created with the software to users for development purposes.


e. Unlimited Team License. This section applies only to the Unlimited Team License. Subject to the terms of this EULA, your software development team is granted a perpetual, concurrent, royalty-free license to use the Software.


Development License. Subject to the terms of this EULA, your software development team may install the Software on one or more computers, each with a single set of input devices, to design, test, and create your software. However, (1) such computers may only be used by a team of five or fewer people at any given time, and (2) licensed developers within your team may not temporarily transfer or assign their licenses to unlicensed developers. If MESCIUS determines that more developers are using the Software than the number of developer licenses you have purchased, you must immediately pay MESCIUS the applicable fee for additional licenses.


Distribution License. If your developed software incorporates this software as an integral part of a machine language compiled format (typically ".exe" or ".dll"), you may distribute the software royalty-free and on multiple sites without restriction.


The developer license granted under this EULA may be limited to a certain number of days after you first install the Software, unless you provide information necessary to activate the licensed product within the time and manner described in the Software setup process or in dialog boxes that appear during your use of the Software, as the case may be.


Restrictions. You may not install or use the Software on a computer that is a network server or on a computer used by more than five developers. You may not add or transfer the Software's serial number to a computer on which the Software is installed. You may not network the Software or any of its components to a computer used or available to more than five developers, unless you purchase additional team licenses. Additional developer users must purchase additional licenses, regardless of whether additional developers access the Software in a standalone environment or over a computer network.


Users of the developed software may not directly or indirectly use the software or redistributable files for development purposes. In particular, if you create a control (or user control) using the software as a component control, you may not distribute the control created with the software to users for development purposes.


f. Network Server License. This section applies only to Network Server Licenses. You may use the Software on a network server basis, subject to the terms of this EULA.


Development License. You may install the Software on one (1) network server (as defined) and use the Software to create and deploy web-based applications and report definition files (RDFs) on that network server. You may install the Software on a single network server provided that you (a) copy the Software solely for backup or archival purposes, or (b) retain the original copy solely for backup or archival purposes.


Deployment License. You may create and deploy web-based applications and report definition files on one (1) network server. Each additional network server requires the purchase of one (1) additional software license.


Restrictions. You may not, directly or indirectly: (i) sell, lease, redistribute, or transfer the Licensed Software and Documentation; (ii) modify, translate, reverse engineer (except to the limited extent permitted by law), decompile, disassemble, create derivative works from, sublicense, or distribute the Licensed Software and/or Documentation; (iii) rent or lease any rights in or to the Licensed Software and/or Documentation in any form to anyone; (iv) use the Licensed Software and/or Documentation in any way for the benefit of any third party; (v) remove, alter, or obscure any proprietary or copyright notices, labels, or marks on or in the Licensed Software and/or Documentation or any copies thereof; or (vi) disable or circumvent any access controls or related security measures, processes, or procedures established in connection with the Licensed Software and/or Documentation or any other portion thereof. You are solely responsible for all use, downloading, installation, and other use of the Software and Documentation, as well as for your compliance with the terms of this Agreement.


g. Source Code License. This section applies only to the Source Code License. You may use the Source Code ("Software") if you have separately obtained a Source Code License pursuant to the terms of this EULA.


Users are granted a license to use the source code solely for educational purposes and as supplementary documentation to understand the operation of this software at the source code level. Source code is not periodically provided with all versions of the software and software product types; in such cases, a separate source code license must be purchased.


The following restrictions apply to the source code license:


i. The User is expressly not granted, and is not granted, any right to use the Source Code to create derivative works or modify the Software or the Software's source code in any way.


ii. You expressly have no right to modify the Software or its source code in any way, and no such right is granted, unless you purchase an appropriate source code modification license.


iii. Under no circumstances may the Source Code or any portion thereof be distributed, disclosed, or otherwise made available to any third party outside the User Organization.


iv. MESCIUS retains all right, title, and interest in and to the Licensed Source Code and any updates, modifications, or enhancements made by MESCIUS to such Source Code. Nothing in this EULA shall be construed as transferring ownership of the Licensed Source Code from MESCIUS to you.


v. The source code is provided "as is." MESCIUS does not, and does not intend to, provide any technical support or automatic updates or upgrades for the source code license.


Confidentiality. You acknowledge and agree that the source code is MESCIUS' confidential property and contains valuable and proprietary trade secrets. You agree to use all commercially reasonable efforts to maintain the confidentiality of the source code. Furthermore, the source code will be disclosed only to individuals within your company who have a clear and definite need to know, and such individuals will be subject to the same level of confidentiality requirements that apply to your confidential information. By disclosing the source code to individuals within your company, you assume all civil, financial, and/or criminal liability for any use or misuse of the source code by such employees, officers, agents, contractors, or other third parties.


2. Prohibited Uses of the License. Under the terms of this EULA, you are expressly prohibited from using the Software in the following ways:


i. You may not distribute, bundle, package, or subclass the Software as developed software that exposes the Software's programming interfaces when used in a 'design-time' development environment.


ii. User shall not enter into an outsourcing agreement or otherwise allow a third party to install or run the Software on a computer or network used outside of User's business without MESCIUS's prior written consent.


iii. In no event may you (a) use MESCIUS's name, logo, or trademarks to market your Developed Software without MESCIUS's express written consent; (b) you must include the MESCIUS copyright notice (“Portions Copyright © MESCIUS, Inc. 1987-2025. All Rights Reserved.”) in your Developed Software documentation and/or in the 'About Box' of your Developed Software and anywhere else in your Developed Software that copyright/rights notices appear; (c) you agree to indemnify, defend, and hold harmless MESCIUS, its suppliers, and resellers from and against any and all claims or lawsuits, including attorneys' fees, that may arise from your use or distribution of the Developed Software; and (d) you may only use the Software to create Developed Software that is materially different from the Software.


iv. User agrees that MESCIUS may audit User's use of the Software for compliance with these Terms at any time, upon reasonable notice. If such audit reveals that User's use of the Software does not fully comply with the terms of this EULA, User shall indemnify MESCIUS for all reasonable costs associated with such audit, in addition to any other liability that may arise as a result of such noncompliance.



3. Specific Product Restrictions. Notwithstanding anything to the contrary in this EULA, the following terms apply to your use of the following software products (the "Software") under your license:


i. ActiveReports.NET Standard Version. Subject to the terms and conditions set forth in this EULA, this software is licensed under a Standard Developer License. In this case, you may use this software subject to the specific terms and conditions set forth above for the Standard Developer License. You may also use this software under a "Site License." In this case, upon payment of the applicable license fee, you grant the site developer a royalty-free license to redistribute the runtime version of the assemblies listed in the section titled "ActiveReports Redistributable Files" in the product documentation.


ii. ActiveReports.NET Professional Version. Subject to the terms and conditions set forth in this EULA, this Software is licensed under a Standard Developer License. In this case, you may use this Software subject to the specific terms and conditions set forth above for the Standard Developer License. This Software may also be licensed under a "Site License." In this case, upon payment of the applicable license fee, you grant developers on your site a royalty-free license to redistribute the runtime version of the assemblies listed in the section titled "ActiveReports Professional Redistributables" in the product documentation. Restrictions. You may not use this Software to develop a product with functionality substantially similar to this Software. You may also not integrate this Software into a product that includes or is used in conjunction with a third-party product that provides functionality substantially similar to this Software. Your end user license agreement must include terms of the same meaning as those mentioned herein.


iii. ActiveReports Server Core Version. This software consists of one ActiveReports Server module and multiple agents. An agent is defined as a specific software program that can perform additional computing tasks while accessing the shared control software. This software uses all components included in the software installation, except for the browser-based report designer and the ClickOnce designer, which require the ActiveReports Server Designer add-on license. Subject to the terms set forth in this EULA, this software is licensed as a network server license. In this case, you may install this software on a single network server, as long as the ActiveReports Server module is installed on one network server and the agents are installed on additional network servers. You may also use the software to create and distribute web-based applications and/or report definition files, subject to the terms set forth herein.


iv. ActiveReports Server Designer Add-on. Subject to the terms of this EULA, the Software is licensed as a network server license. You may include ActiveReports Server Web Designer and ClickOnce Designer in your licensed ActiveReports Server Core web application, provided that your end user license agreement protects MESCIUS's intellectual property rights related to ActiveReports Server Web Designer and ClickOnce Designer to the same degree as those set forth herein.


v. ActiveAnalysis. Subject to the terms and conditions set forth in this EULA, the Software is licensed under a Standard Developer License. In this case, you may use the Software subject to the specific terms and conditions set forth above for the Standard Developer License. The Software may also be licensed under a "Site License." In this case, upon payment of the applicable license fee, you grant developers on your site a royalty-free license to redistribute the runtime version of the assemblies listed in the section titled "ActiveAnalysis Redistributable Files" in the product documentation.


vi. ActiveReportsJS. Subject to the terms and conditions set forth in this EULA, this software is licensed under a Standard Developer License. In this case, you may use this software in accordance with the specific terms and conditions set forth above for the Standard Developer License. Furthermore, the ActiveReportJS Standard Developer License is valid for one year (or two years if you purchase a maintenance license) for the main version purchased under the annual licensing model and the sub-versions (service packs) of that version. For continued use, you must purchase an annual Developer License. In addition to the Standard Annual Developer License, you must purchase an additional Standard Deployment License per server hostname/domain for deployment. In this case, you may use this software for one server hostname and a designated mobile or desktop application, subject to the specific terms and conditions set forth above for the Standard Deployment License. The Standard Deployment License is licensed per named hostname/domain. Once assigned, this named license cannot be changed, transferred, or removed. Additional deployment licenses must be purchased for each additional server hostname or each named mobile and/or desktop application.


vii. ComponentOne Reports for .NET Designer Version. Subject to the terms and conditions set forth in this EULA, you may use and modify the Software to create derivative works based on the licensed Report Designer source code. You may distribute such derivative works only in object code form and only in conjunction with and/or as part of your developed software. The Software includes one or more dynamic link library files (c1.win.c1reportdesigner.dll), known as the C1ReportDesigner component, one executable file (ReportDesigner.exe), known as the C1ReportDesigner application, and the source code for the C1ReportDesigner application (the “ReportDesigner Source Code”). The C1ReportDesigner component is subject to the general terms and restrictions set forth in this EULA. The C1ReportDesigner application is an executable file used to design and create reports, and the C1ReportDesigner application may be distributed royalty-free only in conjunction with your developed software. Restrictions. You are expressly not granted the right to distribute, disclose, or otherwise make available to any third party the Licensed Report Designer Source Code, or any portion thereof, modified versions, or derivative works thereof, in source code form. MESCIUS retains all right, title, and interest in and to the Licensed Report Designer Source Code and any updates, modifications, or enhancements made thereto by MESCIUS. Nothing in this EULA shall be deemed to transfer ownership of the Licensed Report Designer Source Code from MESCIUS to you. The Report Designer Source Code is licensed to you on an "as is" basis. MESCIUS does not provide, and does not intend to provide, any technical support for your Report Designer Source License.


viii. Spread COM. Subject to the terms and conditions set forth in this EULA, the Software is licensed under a Standard Developer License. In this case, you may use the Software subject to the specific terms and conditions set forth above for the Standard Developer License. The Software includes the following software components that you may use under this license to create your developed software or developed web server software: (i) FPSPR80.OCX, (ii) FPS PRU80.OCX, (iii) SPR32D80.DLL, (iv) SPR32DU80.DLL, (v) SPR64D80.DLL, (vi) SPR64DU80.DLL, (vii) SPRIA 64 D80.DLL, (viii) SPRI A64DU80.DLL, (ix) FARPOINT.SPREAD8DLL32.EXCEL2007.DLL, (x) FARPOINT.SPREAD8UDLL32.EXCEL2007. DLL, (xi)FARPOINT.SPREAD8DLL64.EXCEL2007.DLL, (xii)FARPOINT. SPREAD 8UDLL64.EXCEL2007.DLL, (xiii) FAR POINT. SPREAD8DLLIA64.EXCEL2007.DLL, (xiv) FARPOINT. SPREAD 8UDLLIA64.EXCEL2007.DLL, (xv) FPIMAGE. D.L.L.


ix. Spread for Windows Forms. Subject to the terms and conditions set forth in this EULA, you may create software products or web servers developed using the following components of the Software: (i) FarPoint.Win.Spread.FpSpread, (ii) FarPoint.Win.Spread.FormulaTextBox, (iii) FarPoint.Win.Chart.FpChart, (iv) FarPoint.Win.Spread.Design.FpSpreadDesigner, (v) FarPoint.Win.Spread.Formula Provider, (vi) FarPoint.Win.Spread.NameBox, (vii) GrapeCity.Spreadsheet.WinForms.Ribbon.RibbonBar. The Software may also be licensed under a site license, in which case developers on the site may redistribute the royalty-free runtime versions of the assemblies listed in the section entitled Redistribution in the product documentation.


x. Spread for ASP.NET. Subject to the terms set forth in this EULA, this software may be licensed to you as a site license. In this case, site developers are granted a royalty-free license to redistribute the assemblies of the runtime version listed in the section entitled Redistribution in the product documentation.


The Software includes the following software components in addition to the software components listed in the previous paragraph: (i) FarPoint.Web.Spread.FpSpread, (ii) FarPoint.Web.Spread.FpTemplateReplacement, (iii) FarPoint.Web.Spread.SpreadDataSource, (iv) FarPoint.Mvc.Spread.FpSpread, (v) FarPoint.Web.Chart.FpChart, (vi) FarPoint.Web.Spread.FormulaExtender


xi. SpreadJS. Subject to the terms and conditions set forth in this EULA, this Software is licensed under a Standard Developer License. In this case, you may use the Software subject to the specific terms and conditions set forth above for the Standard Developer License. In addition to the Standard Developer License, for deployment, you must purchase an additional Standard Deployment License per server hostname/domain. In this case, you may use the Software subject to the specific terms and conditions set forth above for the Standard Deployment License, and you may use the Software for one server hostname and for a designated mobile or desktop application. The Standard Deployment License is licensed per named hostname/domain. Once assigned, this named license cannot be changed, transferred, or removed. You must purchase an additional Deployment License for each additional server hostname or each named mobile and/or desktop application.


Open Source Software. SpreadJS software products may include certain open source components ("Open Source Software") subject to open source licenses, in which case the embedded Open Source Software is owned by a third party. Open Source Software is not subject to the terms of this EULA. Instead, each item of Open Source Software is licensed under the applicable license terms that accompany such Open Source Software. Nothing in this EULA restricts your rights under the terms of the applicable Open Source Software license or grants you the right to supersede such terms. Fees charged by MESCIUS for this Software do not apply to Open Source Software that is not subject to the applicable license terms. The terms of the applicable Open Source Software license can be found in the LICENSE.txt file provided with the Software.


To access minor fixes for this software, you must have a valid license for the current version. To access major fixes for this software, you must have a valid license combined with a valid maintenance subscription. Minor fixes or service packs are updates to a given version (e.g., SpreadJS 10 SP2 is an update to SpreadJS 10), and major fixes are upgrades to the next version with an incremental major version number.


xii. Spread.NET. Subject to the terms and conditions set forth in this EULA, this Software is licensed under a Standard Developer License. In this case, you may use this Software subject to the specific terms and conditions set forth above for the Standard Developer License. This Software includes software components from Spread for Windows Forms, Spread for ASP.NET, Spread WinRT, and Spread WPF-Silverlight.


xiii. DataViewsJS. Subject to the terms and conditions set forth in this EULA, this Software is licensed as a Standard Deployment License. You may use the Software subject to the specific terms and conditions set forth above for the Standard Deployment License. In addition to the Standard Deployment License, this Software includes one annual deployment license. In this case, you may use the Software subject to the specific terms and conditions set forth above for the deployment license and use the Software under one server host name. However, you must purchase an additional deployment license for each additional host name.


xiv. Spread WPF-Silverlight. Subject to the terms set forth in this EULA, this Software may be licensed to you as a Site License. In this case, Site Developers may redistribute royalty-free the assemblies of the runtime version listed in the section entitled "Redistribution" in the product documentation.


The Software includes the following software components that you may use under the License to create your developed software or developed web server: (i) GrapeCity.WPF.CalcEngine.dll, (ii) GrapeCity.WPF.Excel.dll, (iii) GrapeCity.Silverlight.SpreadSheet.Data.dll, (iv) GrapeCity.Silverlight.SpreadSheet.UI.dll, (v) C1.WPF.SpreadSheet.4.dll, (vi) C1.WPF.SpreadSheet.C1Chart.4.dll, (vii) C1.WPF.SpreadSheet. C1Chart3D.4.dll, (viii) C1.WPF.SpreadSheet.Toolbar.4.dll, (ix) C1.Silverlight.SpreadSheet.Chart.dll, (x) C1.Silverlight. SpreadSheet.Chart3D.dll, (xi) C1.Silverlight.SpreadSheet.dll, (xii) C1.Silverlight.SpreadSheet.Imaging.dll, (xiii) C1.Silverlight.SpreadSheet.Toolbar.dll, (xiv) C1.Silverlight.SpreadSheet.Zip.dll. Spread WPF- Silverlight includes a file commonly known as 'Designer', developed with the Fluent Ribbon Control Suite, which is subject to the terms of the Microsoft Public License (Ms-PL) (http://fluent.codeplex.com/license).


xv. Spread WPF. Subject to the terms set forth in this EULA, this Software may be licensed to you as a Site License. In this case, Site Developers may redistribute royalty-free the assemblies of the runtime version listed in the section entitled "Redistribution" in the product documentation.


The Software includes the following software components that you may use under the License to create your own developed software or developed web server: (i) GrapeCity.CalcEngine.dll, (ii) GrapeCity.Spreadsheet.dll, (iii) GrapeCity.Wpf.Spreadsheet.CellType.dll, (iv) GrapeCity.Wpf.SpreadSheet.dll.

Spread WPF includes a file called "Designer" developed using the Fluent Ribbon Control Suite, and is licensed under the terms of the MIT License (https://github.com/fluentribbon/Fluent.Ribbon).


xvi. Spread WinRT. Subject to the terms and conditions set forth in this EULA, you may create your own developed software or developed web server software that includes the following software: (i) GrapeCity.Xaml.CalcEngine.dll, (ii) GrapeCity.Xaml.Excel.dll, (iii) GrapeCity.Xaml.PDF.dll, (iv) GrapeCity.Xaml. SpreadSheet.Data.dll, (v) GrapeCity.Xaml.SpreadSheet.UI.dll, (vi) C1.Xaml.SpreadSheet.Chart.dll, (vii) C1.Xaml.SpreadSheet.dll, (viii) C1.Xaml.SpreadSheet.Imaging.dll, (ix) C1.Xaml.SpreadSheet.Zip.dll, (x) SharpDX.Direct2D1.dll, (xi) SharpDX.Direct3D11.dll, (xii) SharpDX.dll, (xiii) SharpDX.DXGI.dll. Spread WinRT includes a file commonly known as 'Designer', developed with the Fluent Ribbon Control Suite, which is subject to the terms of the Microsoft Public License (Ms-PL) (http://fluent.codeplex.com/license).


xvii. DsExcel. Subject to the terms and conditions set forth in this EULA, this Software is licensed under a Standard Deployment License. To develop and deploy the API, you must purchase an additional Standard Deployment License for each development project. In this case, you may use the Software for a single development project, server hostname, or designated mobile or desktop application, subject to the specific terms and conditions set forth above for the Standard Deployment License. The Standard Deployment License is licensed per named development project name (or hostname/domain/application name). Once assigned, this named license cannot be revoked, modified, or replaced. Additional deployment licenses must be purchased for each additional development project.


Open Source Software. DsExcel software products may include certain open source components ("Open Source Software") subject to open source licenses, in which case the embedded Open Source Software is owned by a third party. Open Source Software is not subject to the terms of this EULA. Instead, each item of Open Source Software is licensed under the applicable license terms provided with such Open Source Software. Nothing in this EULA restricts your rights under the terms of the applicable Open Source Software license or grants you the right to supersede such terms. Fees charged by MESCIUS for this Software do not apply to Open Source Software that is not subject to the applicable license terms. The terms of the applicable Open Source Software license can be found in the LICENSE.txt file provided with the Software.


To access minor fixes for this software, you must have a valid license for the current version. To access major fixes for this software, you must have a valid license combined with a valid maintenance subscription. Minor fixes or service packs are updates to a given version (e.g., DsExcel 3 SP2 is an update for DsExcel 3), while major fixes are upgrades to the next version with an incremental major version number.


xviii. DsPDF. Subject to the terms and conditions set forth in this EULA and payment of the applicable license fee, this Software may be licensed under a Standard Developer License, an Unlimited Developer License, or an Unlimited Team License. In such cases, you or your team may use this Software subject to the specific terms and conditions set forth above for the Developer License or Team License. Maintenance subscriptions are not available for this Software Product.


Open Source Software. DsPDF software products may include certain open source components ("Open Source Software") subject to open source licenses, in which case the embedded Open Source Software is owned by a third party. Open Source Software is not subject to the terms of this EULA. Instead, each item of Open Source Software is licensed under the applicable license terms provided with such Open Source Software. Nothing in this EULA restricts your rights under the terms of the applicable Open Source Software license or grants you the right to supersede such terms. Fees charged by MESCIUS for this Software do not apply to Open Source Software for which fees are not charged under the applicable license terms. The terms of the applicable license for Open Source Software can be found in the LICENSE.txt file provided with the Software.


xix. DsWord. Subject to the terms and conditions set forth in this EULA and payment of the applicable license fee, this Software may be licensed under a Standard Developer License, an Unlimited Developer License, or an Unlimited Team License. In this case, you or your team may use the Software subject to the specific terms and conditions set forth above for the Developer License or Team License. Maintenance subscriptions are not available for this Software Product.


Open Source Software. DsWord software products may include certain open source components ("Open Source Software") subject to open source licenses, in which case the embedded Open Source Software is owned by a third party. Open Source Software is not subject to the terms of this EULA. Instead, each item of Open Source Software is licensed under the applicable license terms provided with such Open Source Software. Nothing in this EULA restricts your rights under the terms of the applicable Open Source Software license or grants you the right to supersede such terms. Fees charged by MESCIUS for this Software do not apply to Open Source Software for which fees are not charged under the applicable license terms. The terms of the applicable license for Open Source Software can be found in the LICENSE.txt file provided with the Software.


xx. DsImaging. Subject to the terms and conditions set forth in this EULA and payment of the applicable license fee, this Software may be licensed under a Standard Developer License, an Unlimited Developer License, or an Unlimited Team License. In this case, you or your team may use this Software subject to the specific terms and conditions set forth above for the Developer License or Team License. Maintenance subscriptions are not available for this Software Product.


Open Source Software. DsImaging software products may include certain open source components ("Open Source Software") subject to open source licenses, in which case the embedded Open Source Software is owned by a third party. Open Source Software is not subject to the terms of this EULA. Instead, each item of Open Source Software is licensed under the applicable license terms provided with such Open Source Software. Nothing in this EULA restricts your rights under the terms of the applicable Open Source Software license, nor does it grant you the right to supersede such terms. Fees charged by MESCIUS for this Software do not apply to Open Source Software that is not subject to the applicable license terms. The terms of the applicable Open Source Software license can be found in the LICENSE.txt file provided with the Software.


xxi. ComponentOne Studio Products. Subject to the terms and conditions set forth in this EULA, this Software is licensed to you under a Standard Developer License. In this case, you may use this Software subject to the specific terms and conditions set forth above for the Standard Developer License.


Restrictions. You may not share any component of this Software licensed to you with other developers, nor may you allow other developers to use and/or install such components.


xxii. VSView Reporting Versions (ActiveX). VSView Reporting Versions include one or more executable files named "VSRptX.exe" (where X represents a version number, such as 7, 8, etc.), known as "Designer." Upgrades or future versions of the "VSRptX.exe" file or Designer may be subject to the restrictions set forth in this EULA and must not be distributed with your developed software or otherwise.


xxiii. Wijmo. Subject to the terms and conditions set forth in this EULA, this Software is licensed under a Standard Developer License. In this case, you may use the Software subject to the specific terms and conditions set forth above for the Standard Developer License. In addition to the Standard Developer License, deployment requires the purchase of an additional Standard Deployment License per server hostname/domain. In this case, you may use the Software subject to the specific terms and conditions set forth above for the Standard Deployment License, and you may use the Software for one server hostname and a designated mobile or desktop application. The Standard Deployment License is licensed per named hostname/domain. Once assigned, this named license cannot be changed, transferred, or removed. Additional deployment licenses must be purchased for each additional server hostname or each named mobile and/or desktop application.


xxiv. Forguncy. Subject to the terms and conditions set forth in this EULA and payment of the license fee, this Software is licensed under a Standard Developer License. In this case, you may use this Software subject to the specific terms and conditions set forth above for the Standard Developer License. In addition to the Standard Developer License, deployment requires the purchase of an additional Network Server License per server. In this case, you will use this Software subject to the specific terms and conditions set forth above, and a license will be issued reflecting the number of concurrent users you request. If you require additional concurrent users, you must purchase an additional license reflecting the additional concurrent users added to your existing server license. The Standard Developer License and Network Server License can be purchased under an annual or perpetual license model. An annual license is valid for one year, and for continued use, a developer license and server license must be purchased annually. A perpetual license model allows you to use the purchased version of the developer license and server license indefinitely.



4. Evaluation and/or Trial License. If you use an "evaluation or trial license" or similar version specifically designated by MESCIUS on the website or elsewhere, your license is limited as follows:


i. The User may use the Software for a period of 30 days calculated from the date of installation ('Evaluation Period').


ii. Upon expiration of the evaluation period, the User may either i) delete the Software from the computer on which it is installed, or ii) obtain a paid license for the Software from MESCIUS or its resellers or distributors.


iii. Software developed under an evaluation license cannot be distributed or used for commercial purposes.



5. Serial Key. Notwithstanding anything to the contrary in this EULA, your license will be issued with a unique serial number ("Serial Key") for activating the Software.


Serial numbers are subject to the restrictions set forth in this EULA and must not be disclosed or distributed, including with your developed software, or otherwise. Disclosure or distribution of serial numbers constitutes a violation of this EULA, and any violation will result in the immediate termination and revocation of all rights granted hereunder.



6. Product Activation. Product activation is based on the exchange of information between your computer and MESCIUS. This information does not contain any personally identifiable information and cannot be used to identify you personally or any information you have stored on your computer.


You may need to activate the licensed software via the internet, email, or telephone, which may incur a fee. If you change your computer hardware or install the software on a different computer, you may need to reactivate the licensed software. In some cases, the number of permitted activations is limited and you must contact MESCIUS for authorization.


You acknowledge and understand that the Software contains technical measures designed to prevent unauthorized or illegal use of the Software, preventing users from exceeding the number of activations and/or installations permitted by their paid license. This information does not contain personally identifiable information and cannot be used to identify you personally or any information you store on your computer. You agree that MESCIUS may utilize such measures, and you agree to comply with the requirements of such technical measures. You acknowledge and agree that the Software will not operate unless activated using the applicable serial number.



IV. Fees


You agree to pay all fees required to obtain a license to use this Software. Unless otherwise agreed in writing, you must immediately pay all fees required for the license. MESCIUS reserves the right to terminate this EULA and your license if you fail to pay all required fees. If additional licenses are required to use this Software, you agree to pay the required additional fees.



V. Refund Policy


All MESCIUS products are considered to have been used at the time the official license was issued due to the nature of the software product, and therefore cannot be exchanged or refunded.


Special refund requests will only be issued if your credit card was stolen and used to purchase a MESCIUS product license. Once a full license has been issued, there will be no refunds for product purchases or renewals.


If a product defect occurs, you can upgrade to a patched version within the guaranteed technical support period provided upon purchase. If you use the trial version, technical support from MESCIUS may be limited, and you will not be entitled to any warranties or compensation arising from the product.



VI. Intellectual Property Rights


  1. Copyright. You agree that MESCIUS exclusively owns all right, title, and interest in and to the Software (including, but not limited to, all images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software), all copies of the Software, and all copyrights and other intellectual property rights contained in or related to the Software, except to the limited extent that MESCIUS may have the right to license certain third-party technologies incorporated into the Software. The Software is protected by copyright laws and international treaty provisions. The Software is licensed to you and not sold. MESCIUS reserves all rights not expressly and specifically granted to you in this EULA.
  2. Backup. You may make copies of the Software solely for backup or archival purposes. Notwithstanding the foregoing, you may not copy printed documentation.
  3. General Restrictions. Notwithstanding these restrictions, you may not reverse engineer, decompile, or disassemble the Software or its components, except to the extent applicable law expressly permits such activities.
  4. Software Transfer. You may not rent or lease the Software. You may permanently transfer all of your rights under this EULA, provided you retain no copies, transfer all of the Software (including all component parts, media, and printed materials, updates, upgrades, this EULA, and, if applicable, the Certificate of Authenticity), and the transferee agrees to comply with the terms of this EULA. If the Software is an update or upgrade, any transfer must include all previous versions of the Software.



VII. Export Restrictions


You acknowledge that this Software was developed in the United States. You acknowledge that the licensing and distribution of this Software is subject to U.S. export control laws and regulations and any amendments thereto restricting the export and re-export of the Software, technical data, and direct products thereof, including the Services and the Developed Software. You agree not to directly or indirectly export or re-export the Software, the Developed Software, or any related information, documentation, and/or printed materials, to any country, end user, or end use subject to U.S. export laws and regulations and any amendments thereto, including but not limited to the following: Restricted Countries, Restricted End Users, and Restricted End Uses, without first obtaining the required authorization from the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") or other applicable government agency.


These restrictions are subject to change from time to time. You represent and warrant that neither BIS nor any other U.S. federal agency has suspended, revoked, or denied your export privileges. MESCIUS acknowledges that you will use reasonable efforts to provide all information reasonably necessary regarding the Software and your business to enable you to fully comply with the provisions of this section. If you have any questions regarding your obligations under U.S. export regulations, please contact the Office of Export Counseling, Bureau of Industry and Security, U.S. Department of Commerce, Washington, D.C., USA (202) 482-4811, http://www.bis.doc.gov.


U.S. Government Restricted Rights. This software and documentation are provided with restricted rights.


You must comply with all U.S. Government requirements to obtain limited rights protection, including without limitation, the restricted legend placement in this Software and the license agreement used in connection with distribution of this Software. Manufacturer is MESCIUS, Inc., 211 North Whitfield Street, Seventh Floor, Pittsburgh, PA 15206 USA. The only rights provided for this Software and its documentation pursuant to solicitations issued by the Government on or after December 1, 1995, and by the Department of Defense on or after September 29, 1995, are those contained in this EULA. Under no circumstances shall MESCIUS be obligated to comply with any Government requirement relating to the submission of, or requesting a waiver of, cost or pricing data or cost accounting requirements. If MESCIUS distributes Software that is subject to Government requirements relating to cost or pricing data or cost accounting requirements, it shall obtain, on MESCIUS's behalf, confirmation of an appropriate waiver or waiver of such requirements from the appropriate Government agency prior to distribution and/or licensing of this Software.



VIII. Warranties and Remedies


  1. Limited Warranty. MESCIUS warrants that the original media (if any) for this Software will be free of defects for a period of 90 days from the date of delivery and that this Software will perform substantially as described in its documentation. MESCIUS further warrants that: (i) MESCIUS has full authority to enter into this Agreement and grant the license rights set forth in this Agreement; (ii) MESCIUS has not granted and does not intend to grant any rights to the Software to any third party that are inconsistent with the rights granted to you in this Agreement; and (iii) the Software does not and will not infringe any trade secret, copyright, trademark, or other proprietary rights held by any third party, nor does it intend to infringe any patents held by any third party. Except as otherwise expressly provided in the preceding sentence and to the maximum extent permitted by applicable law, MESCIUS expressly disclaims all warranties with respect to this Software, its documentation, and any other material provided by MESCIUS, and MESCIUS provides the product "as is" without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of the use or performance of this Software and Documentation rests with you. This limited warranty gives you specific legal rights. You may also have other rights which vary from state to state. MESCIUS represents that the Software licensed hereunder is intended to run and operate only in accordance with the accompanying documentation. Furthermore, MESCIUS represents that the Visual Basic software components are designed to run and operate in the Microsoft Visual Studio development environment, a development environment for which MESCIUS provides technical support. Notwithstanding the foregoing, the Software may run and operate consistently with the accompanying documentation in other containers or development environments, regardless of whether such environments are standalone software libraries or nested components of a control or application. Development environments, applications, and/or containers other than Microsoft Visual Studio are considered non-standard containers, which may be subject to different licensing terms. Such licensing terms are not incorporated into this EULA and may be obtained by contacting MESCIUS directly. This limited warranty is void if the Software is subject to accident, abuse, or misuse resulting from failure to perform the Software substantially as described in the accompanying documentation.
  2. Limited Remedy. MESCIUS does not provide any relief or warranty for this Software, including application code, redistributable files, evaluation versions, and non-resale versions. All sample application code, evaluation versions, and non-resale versions of this Software are provided "as is."


MESCIUS's entire liability and your exclusive remedy under this EULA shall be, at MESCIUS's sole discretion, either (a) refund of the price paid for the Software, (b) repair of the Software via updates distributed online or at MESCIUS's discretion, or (c) replacement of the Software with software that performs substantially as described in the Software documentation. However, if you do not accept this EULA, you must return the Software in the same manner as provided in Section I.2 for returning the Software. All media for the repaired or replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. This remedy is not available outside the United States. To the maximum extent permitted by applicable law, in no event shall MESCIUS be liable for any damages whatsoever, including but not limited to damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss arising out of the use of or inability to use the Software, even if advised of the possibility of such damages. Some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages in certain instances, so the above limitation may not apply to you.



IX. Others


  1. Entire Agreement. This EULA (including any addendums to this EULA included with the Software) constitutes the final, complete, and exclusive statement of the entire agreement between you and MESCIUS with respect to the Software. This EULA supersedes all prior and contemporaneous proposals, purchase orders, advertisements, and all other communications, whether oral or written, relating to the subject matter of this EULA. No other terms or conditions contained herein, or any other understanding or agreement that modifies any of these terms or conditions, will be binding on the parties unless they are in writing or reach another non-verbal agreement that requires the parties to act in an objective and clear manner (e.g., by continuing to install the Software). No MESCIUS employee, agent, or other representative may modify this EULA orally.
  2. Open Source Software. This Software Product may contain certain open source components subject to open source licenses ("Open Source Software"), in which case the embedded Open Source Software is owned by a third party. The terms of this EULA do not apply to Open Source Software. Instead, each Open Source Software item is licensed under the applicable license terms accompanying such Open Source Software. Nothing in this EULA limits your rights under the applicable license terms for Open Source Software or grants you rights that supersede such terms. Any fees charged by MESCIUS in connection with the Software do not apply to Open Source Software that cannot be charged under the applicable license terms. The applicable Open Source Software license terms can be found in the LICENSE.txt file provided with the Software.
  3. Termination. If you fail to comply with any of the terms and conditions contained in this Agreement, MESCIUS may terminate this EULA and the license without prejudice to any other rights MESCIUS may have. In such event, you must destroy all copies of the Software and all of its component parts.
  4. Statute of Limitations. You agree that any action arising from a breach of this EULA must be commenced within one year from the date of the alleged breach, regardless of the date the breach was discovered. Regardless of any other statutory or statutory limitation period, any action not brought within that one-year period will be barred.
  5. You indemnify MESCIUS. You agree to indemnify, defend, and hold harmless MESCIUS and its suppliers and resellers from and against any and all claims or lawsuits, including attorneys' fees, arising from your distribution of the Software you developed or your web server software, or your violation of the terms of this EULA.
  6. Assignment. MESCIUS may assign or transfer this EULA or any rights or obligations hereunder to any entity that directly or indirectly controls, is controlled by, or is under common control with MESCIUS.
  7. Interpretation of this EULA. If any provision of this EULA or any portion thereof is held by a court of competent jurisdiction to be unenforceable for any reason, the provisions of this EULA will be enforced to the maximum extent permissible to affect the parties' intent, and the remainder of this EULA will remain in full force and effect. Terms derived from defined terms have the same meaning as the defined term. Failure by either party to enforce any provision of this EULA will not be deemed a waiver of future enforcement of that or any other provision. Except as otherwise required or superseded by law, this EULA will be governed by the laws of the Republic of Korea, without regard to conflict of law principles. The parties agree that any dispute arising under this EULA will be resolved solely by the courts of the Anyang Branch of the Suwon District Court, Republic of Korea. If you purchased this Software outside of the Republic of Korea, local law may apply. However, the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.