DevExpress Website Terms of Use

1. INTRODUCTION

PLEASE READ THESE WEBSITE TERMS OF USE AND PRIVACY STATEMENT CAREFULLY BEFORE USING ANY DEVELOPER EXPRESS INC WEBSITE (THE "WEBSITE"). THESE WEBSITE TERMS OF USE (THE "TERMS OF USE") GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE AND PRIVACY STATEMENT SET FORTH BELOW, DO NOT USE THE WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU AND THE BUSINESS ENTITY OR THE ORGANIZATION YOU REPRESENT ("YOU" OR "YOUR") INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

2. SCOPE

The Website Terms of Use govern your use of the Website and all applications, content, software, online localization and services (collectively, "Content") available via the Website, except to the extent such Content is the subject of a separate agreement.

Note that Developer Express Inc Software Products are governed solely by Developer Express Inc End User License Agreements (the "EULA") under which they are sold or licensed. The current version of Developer Express Inc's EULAs are located on our Product Licensing page. Always check the Developer Express Inc Software EULA to make certain that neither you nor your software application, infringe the intellectual property rights of Developer Express Inc or others.

Developer Express Inc reserves the right to modify and update its Privacy Statement and Website Terms of Use as needs dictate and as legal requirements are updated. If and when a change is made to our Privacy Statement or Website Terms of Use, this page will be duly updated to reflect the change. Your continued use of the Website after any changes to these Privacy Statements/Terms of Use will mean that you accept those changes.

3. PRIVACY STATEMENT

DEVEXPRESS' use of personal data is governed by the terms set forth in our comprehensive Privacy Policy.

4. LEGAL, COPYRIGHT, and TRADEMARK INFORMATION

All intellectual property rights associated with the Website and its Contents are the sole property of Developer Express Inc. The Content is protected by US and International copyright laws. All Developer Express Inc Service Marks so designated and all Developer Express Inc Products referenced on the Website are either trademarks or registered trademarks of Developer Express Inc. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress of Developer Express Inc and may not be used in any manner without the express written consent of Developer Express Inc.

Developer Express Inc has made every effort to supply third-party trademark information on the Website. All third party trademarks represented on this web site may be the property of their respective owners.

Certain areas of the Website may contain other proprietary notices, conditions of use, and copyright information, the terms of which must be observed and followed.

Except for the rights of use and other rights expressly granted by these Terms of Use, you may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property of the Website in any manner without the prior written consent of Developer Express Inc.

Developer Express Inc grants you a limited, personal, nontransferable, revocable license which cannot be sub-licensed to access and use the Website and its Content only in a manner expressly authorized by Developer Express Inc and the Website Terms of Use. Except to the extent required by law, the Content made available on the Website may not be reverse-engineered, modified, reproduced, republished, translated into any language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Developer Express Inc. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Developer Express Inc.

This Website uses the following open source libraries:

jQuery JavaScript Library (Open Source - MIT License)
Copyright (c) jQuery Foundation and other contributors
https://jquery.org/license/

background-size polyfill (Open Source – MIT License)
Copyright (c) 2012-2013 Louis-Rémi Babé
https://github.com/louisremi/background-size-polyfill/blob/gh-pages/MIT-LICENSE

es5-shim (Open Source – MIT License)
Copyright (c) 2009-2016 Kristopher Michael Kowal and contributors
https://github.com/es-shims/es5-shim/blob/master/LICENSE

The HTML5 Shiv (Open Source – MIT License)
Copyright (c) 2014 Alexander Farkas (aFarkas)
https://github.com/aFarkas/html5shiv/blob/master/MIT%20and%20GPL2%20licenses.md

jHash (Open Source – MIT License)
Copyright (c) 2017 Chris Pietschmann
https://github.com/crpietschmann/jHash/blob/master/LICENSE

jquery.cookie (Open Source – MIT License)
Copyright (c) 2014 Klaus Hartl
https://github.com/carhartl/jquery-cookie/blob/master/MIT-LICENSE.txt

jQuery Easing (Open Source – BSD License)
Copyright (c) 2008 George McGinley Smith, All rights reserved.
https://github.com/gdsmith/jquery.easing/blob/master/LICENSE-BSD-3-Clause.txt

jQuery requestAnimationFrame (Open Source – MIT License)
Copyright (c) 2012 Corey Frang
https://github.com/gnarf/jquery-requestAnimationFrame/blob/master/LICENSE

jQuery Transit (Open Source – MIT License)
Copyright (c) 2011-2014+, Rico Sta. Cruz.
https://mit-license.org/

jQuery Toast Plugin (Open Source – MIT License)
Copyright (c) Kamran Ahmed
https://mit-license.org/

JSON 3 (Open Source – MIT License)
Copyright (c) 2018 Kit Cambridge
https://kit.mit-license.org/

Modernizr (Open Source – MIT License)
https://modernizr.com/license/

Respond.js (Open Source – MIT License)
Copyright (c) 2012 Scott Jehl
https://github.com/scottjehl/Respond/blob/master/LICENSE-MIT

SyntaxHighlighter (Open Source – MIT License)
Copyright (c) 2004-2013, Alex Gorbatchev
https://github.com/syntaxhighlighter/syntaxhighlighter/blob/master/MIT-LICENSE

5. YOUR SUBMISSIONS

Developer Express Inc does not wish to receive, act to procure, nor desire to solicit, confidential or proprietary materials and information from you through the Website. Any and all materials or information divulged during chats, online discussions, Support Center submissions, or made available to Developer Express Inc in any manner will be deemed NOT to be confidential by Developer Express Inc. You acknowledge that submissions to Developer Express Inc will not be considered confidential or proprietary and that Developer Express Inc will be under no obligation to keep such information confidential. You further acknowledge that Developer Express Inc will have an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information, and you also agree Developer Express Inc is free to use any ideas, concepts, know-how or techniques that you send to us for any purpose. This includes any submissions, changes, updates or corrections made via the Website Localization Service.

6. THIRD-PARTY SUBMITTED CONTENT AND SUPPORT

The Website provides you the opportunity to provide and receive technical support assistance with third parties (the Developer Express Inc End-User Community) via online forums, chats and the Support Center. Developer Express Inc makes no representations or warranties regarding the validity or quality of the technical support assistance you obtain from third-parties on the Website. You agree that use of third-party technical support assistance is done so at your own risk.

The Website provides a Localization Service that is maintained and updated by third-parties (the Developer Express Inc End-User Community). Developer Express Inc makes no representations or warranties regarding the validity or quality of the Localization Service you obtain from third-parties on the Website. You agree that use of third-party Localization Services obtained via the Website is done so at your own risk.

7. OUTBOUND LINKS

The Website may contain links and references to non-Developer Express Inc Websites and resources (“External Sites”). Links to External Sites are provided for informational purposes and in no way represent an endorsement or approval by Developer Express Inc. Developer Express Inc makes no representations or warranties regarding the validity or quality of any content, software, or service hosted on any External Site. You agree that use of External Sites is done so at your own risk.

8. TERMINATION

Developer Express Inc, at its sole discretion, may terminate YOUR access and use of all or any portion of the Website and its Content at any time, with or without cause. Upon such termination, you must immediately discontinue use of the Website.

9. DISCLAIMER OF WARRANTIES

THE CONTENT PROVIDED ON THE WEBSITE AND ALL RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS AND ARE FOR INFORMATION PURPOSES ONLY. IN ADDITION, ALL WARRANTIES ARE HEREBY DISCLAIMED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Content, including but not limited to localization tools, provided on the Website may contain technical inaccuracies or typographical errors. Content, including but not limited to pricing, subscription terms may be changed or updated without notice. Developer Express Inc may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.

10. LIMITATION OF LIABILITY

To the extent permitted by applicable law, in no event shall Developer Express Inc be liable for any special, incidental, indirect, or punitive and consequential damages (including, without limitation, 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 Website and associated Content, even if Developer Express Inc has been advised of the possibility of such damages.

You understand that the Content made available on the Website may produce inaccurate results. You assume full and sole responsibility for any use of the Website and its Content and bear the entire risk for failures or faults. You agree that regardless of the cause of failure or fault or the form of any claim, YOUR SOLE REMEDY AND DEVELOPER EXPRESS INC'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT AND IN NO EVENT SHALL DEVEXPRESS'S LIABILITY EXCEED THE PRICE PAID TO DEVEXPRESS FOR THE SERVICES RENDERED VIA THE WEBSITE.

11. INDEMNIFICATION

You agree to indemnify and hold harmless Developer Express Inc, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

12. EXPORT RESTRICTIONS

Developer Express Inc expressly complies with all export restrictions imposed by the government of the United States of America. You must agree not to export or re-export applicable Content available within this Website to any country, person, entity or end user subject to United States export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.

13. MISCELLANEOUS

The Website Terms of Use shall be construed, interpreted and governed by the laws of the State of Nevada, U.S.A. The Website Terms of Use gives you specific legal rights; you may have others that vary from state to state and from country to country.

Developer Express Inc reserves all rights not specifically granted in the Website Terms of Use.

Should you have any questions concerning this Website Terms of Use, or if you desire to contact Developer Express Inc for any reason, please contact us directly in the United States at +1 (818) 844-3383, or write: Developer Express Inc. Legal department / 330 N. Brand Blvd, Suite 370, Glendale CA 91203.

14. COPYRIGHT NOTICE

Copyright © 1999 – 2024 Developer Express Inc. All rights reserved.

15. TRADEMARKS

DevExpress® and the DevExpress logo, DevExteme®, TestCafe®, DevFuel™ are trademarks or registered trademarks of Developer Express Inc.

Microsoft, Windows, Windows NT, Visual Studio, Visual Basic, Visual C++, Access, Outlook, Word, Excel, FoxPro, Visual InterDev are trademarks or registered trademarks of Microsoft Corporation.

Apple, iPhone, and iPad are trademarks or registered trademarks of Apple Inc.

Google and Android are trademarks or registered trademarks of Google Inc.

Borland, Delphi, C++Builder, RAD Studio, Embarcadero are trademarks or registered trademarks of Embarcadero Technologies Inc.

Linux® is the registered trademark of Linus Torvalds in the U.S. and other countries.

All other trademarks or registered trademarks are property of their respective owners.