CU3ER TEMPLATE license agreement

Please read this License carefully before using, downloading or installing CU3ER - 3D image slider ("CU3ER"). By using, downloading or installing CU3ER, You agree to become bound by this License and the license granted hereunder is subject to compliance with any and all terms of this License. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS LICENSE, DO NOT USE, DOWNLOAD OR INSTALL THE CU3ER.

1. DEFINITIONS
   1. "Adaptation" means a derivative work based upon the CU3ER resulting from any Adaptation or configuration of the CU3ER or any previous Adaptations.
   2. "Commercial Website" means a website which purpose is generating revenue or cash flow of any type, and that isn't under a non-profit organization. If you're selling a product, selling advertisement, selling a service or just marketing a commercial business, your site is commercial. A company website is also commercial even if it doesn't sell anything, as it's purpose is to front a commercial company.
   3. “CU3ER” means an 3D image slider component written in ActionScript 3.0 that can be embedded in a website, web service, desktop software or any Flash environment to show a sequence of images with 2D or 3D transitions, which is offered under the terms of this License.
   4. “License” means this document.
   5. "MADEBYPLAY" means MADEBYPLAY d.o.o
   6. "Reproduce" means to make copies of the Licensed Programs.
   7. "You" means an individual or entity exercising rights under and complying with the terms of this License who has not previously violated the terms of this License with respect to the CU3ER, or who has received express permission from the MADEBYPLAY to exercise rights under this License despite a previous violation.

2. License Grant
Subject to the terms and conditions of this License, MADEBYPLAY hereby grants You a non-exclusive, non-transferable license to use CU3ER on ONE (1) Commercial Template to:
   1. create and Reproduce Adaptations of the CU3ER
   2. integrate or embed CU3ER as part of a web site template where stated web site template is re-sold and/or re-distributed for independent use by more than one party.
   3. access and use cManager application in order to create, modify and export CU3ER, Adaptations and related files;
   4. seek and get official CU3ER support trough available support system.

Each License can be registered with ONE (1) commercial template only. All rights not expressly granted by MADEBYPLAY are hereby reserved.

3. Restrictions and Obligations.
The license granted in Section 2 above is expressly made subject to and limited by the following restrictions and obligations:
   1. You may not deploy CU3ER as part of hired work for a third party
   2. You may not rent, lease, loan, encumber or otherwise assign or transfer the CU3ER, or create derivative components based upon CU3ER or any part of it.
   3. You may not sell CU3ER as standalone application.
   4. You may not distribute CU3ER in downloadable format as a part of software collection, plug-in, module, extension created by You or by another individual or legal entity.
   5. You may not decompile, reverse engineer, disassemble, or otherwise determine or attempt to determine source code for the executable code of CU3ER, and you may not permit or authorize anyone else to do so.
   6. Including CU3ER’s end user license agreement file within CU3ER related files is mandatory.
   7. There should not be any limitations and/or restrictions in web templates/themes regarding to CU3ER implementation and/or configuration, which will require additional fee for making CU3ER fully functional from your end.

4. Applicability of License
The terms and conditions of this License will apply to any CU3ER 1.x updates, which includes any versions numbered between 1.00 and 1.99, provided to you at MADEBYPLAY's discretion, that replace and / or supplement the original CU3ER, unless such update contains a separate license. This License does not cover any previous 'zero' versions of the CU3ER, which includes any versions numbered between 0.9.0 and 0.9.9, all of which are subject to other license agreement.

5. Intellectual Property
The copy of CU3ER provided to You under this License is licensed, not sold, to You by MADEBYPLAY. MADEBYPLAY reserves all rights not expressly granted. This License does not transfer from MADEBYPLAY to You any MADEBYPLAY or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MADEBYPLAY. MADEBYPLAY, CU3ER, getcu3er.com, the CU3ER logo, and all other trademarks, service marks, graphics and logos used in connection with CU3ER are trademarks or registered trademarks of MADEBYPLAY or MADEBYPLAY’s licensors. Other trademarks, service marks, graphics and logos used in connection with the CU3ER may be the trademarks of other third parties. Your use of the CU3ER grants You no right or license to reproduce or otherwise use any MADEBYPLAY or third-party trademarks.

6. Effective Date
The rights and License granted hereunder shall commence on the date the CU3ER account is created by You or by MADEBYPLAY representatives on behalf of You. MADEBYPLAY agrees to make the CU3ER available for electronic delivery to You promptly after receipt by MADEBYPLAY of the License Fee. For purposes of this Agreement, the “License Fee” means the amount of money required to be paid by You to MADEBYPLAY for legal usage of the CU3ER under the terms of this License.

7. Termination of License
MADEBYPLAY reserves the right to terminate, temporarily or permanently suspend, this License at any time if:

   1. You breach any of the terms of this License
   2. MADEBYPLAY has a reasonable basis to believe that You are not abiding by the spirit of this License
   3. MADEBYPLAY believes that Yours business is impairing MADEBYPLAY’s business

Upon termination of this License for any reason, You shall immediately cease using the CU3ER and return any copies of the CU3ER to MADEBYPLAY or certify to MADEBYPLAY that it has destroyed all copies of the CU3ER.

Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of Your License, may be referred to appropriate law enforcement authorities.

8. Warranty
UNLESS OTHERWISE MUTUALLY AGREED BY THE PARTIES IN WRITING, MADEBYPLAY OFFERS THE CU3ER AS-IS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OF ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE.

9. Limitation of Liability
EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL MADEBYPLAY BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF THIS LICENSE OR THE USE OF THE WORK, EVEN IF MADEBYPLAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnity
You agree to indemnify and hold harmless MADEBYPLAY, their respective directors, officers, and employees from and against any and all claims and expenses, including attorneys fees, arising out of Yours use of the CU3ER, including but not limited to Your violation of this License.

11. GOVERNING LAW AND JURISDICTION
This License shall be governed by and interpreted in accordance with the laws of Serbia. Any and all legal actions relative hereto shall be in the courts of Novi Sad, Serbia.

12. Complete Agreement
This License constitutes the entire agreement between MADEBYPLAY and You with respect to the use of the CU3ER and supersedes all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. This License may only be modified by a written amendment signed by an authorized executive of MADEBYPLAY, or by the posting by MADEBYPLAY of a revised version.


******************************************************************************************

Below we are attaching list of licenses of libraries used in CU3ER Javascript version

/*
 ### jQuery XML to JSON Plugin v1.0 - 2008-07-01 ###
 * http://www.fyneworks.com/ - diego@fyneworks.com
 * Dual licensed under the MIT and GPL licenses:
 *   http://www.opensource.org/licenses/mit-license.php
 *   http://www.gnu.org/licenses/gpl.html
 ###
 Website: http://www.fyneworks.com/jquery/xml-to-json/
*/

// === Sylvester ===
// Vector and Matrix mathematics modules for JavaScript
// Copyright (c) 2007 James Coglan
// 
// Permission is hereby granted, free of charge, to any person obtaining
// a copy of this software and associated documentation files (the "Software"),
// to deal in the Software without restriction, including without limitation
// the rights to use, copy, modify, merge, publish, distribute, sublicense,
// and/or sell copies of the Software, and to permit persons to whom the
// Software is furnished to do so, subject to the following conditions:
// 
// The above copyright notice and this permission notice shall be included
// in all copies or substantial portions of the Software.
// 
// THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS
// OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
// FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL
// THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
// LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING
// FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
// DEALINGS IN THE SOFTWARE.

/*
 * jQuery Easing v1.3 - http://gsgd.co.uk/sandbox/jquery/easing/
 *
 * Uses the built in easing capabilities added In jQuery 1.1
 * to offer multiple easing options
 *
 * TERMS OF USE - jQuery Easing
 * 
 * Open source under the BSD License. 
 * 
 * Copyright © 2008 George McGinley Smith
 * All rights reserved.
 * 
 * Redistribution and use in source and binary forms, with or without modification, 
 * are permitted provided that the following conditions are met:
 * 
 * Redistributions of source code must retain the above copyright notice, this list of 
 * conditions and the following disclaimer.
 * Redistributions in binary form must reproduce the above copyright notice, this list 
 * of conditions and the following disclaimer in the documentation and/or other materials 
 * provided with the distribution.
 * 
 * Neither the name of the author nor the names of contributors may be used to endorse 
 * or promote products derived from this software without specific prior written permission.
 * 
 * THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY 
 * EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
 * MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE
 *  COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
 *  EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE
 *  GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED 
 * AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING
 *  NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED 
 * OF THE POSSIBILITY OF SUCH DAMAGE. 
 *
*/

/*
 * touchSwipe - jQuery Plugin
 * http://plugins.jquery.com/project/touchSwipe
 * http://labs.skinkers.com/touchSwipe/
 *
 * Copyright (c) 2010 Matt Bryson (www.skinkers.com)
 * Dual licensed under the MIT or GPL Version 2 licenses.
 *
 * $version: 1.2.3
 *
 * Changelog
 * $Date: 2010-12-12 (Wed, 12 Dec 2010) $
 * $version: 1.0.0 
 * $version: 1.0.1 - removed multibyte comments
 *
 * $Date: 2011-21-02 (Mon, 21 Feb 2011) $
 * $version: 1.1.0 	- added allowPageScroll property to allow swiping and scrolling of page
 *					- changed handler signatures so one handler can be used for multiple events
 * $Date: 2011-23-02 (Wed, 23 Feb 2011) $
 * $version: 1.2.0 	- added click handler. This is fired if the user simply clicks and does not swipe. The event object and click target are passed to handler.
 *					- If you use the http://code.google.com/p/jquery-ui-for-ipad-and-iphone/ plugin, you can also assign jQuery mouse events to children of a touchSwipe object.
 * $version: 1.2.1 	- removed console log!
 *
 * $version: 1.2.2 	- Fixed bug where scope was not preserved in callback methods. 
 *
 * $Date: 2011-28-04 (Thurs, 28 April 2011) $
 * $version: 1.2.4 	- Changed licence terms to be MIT or GPL inline with jQuery. Added check for support of touch events to stop non compatible browsers erroring.
 *
 * A jQuery plugin to capture left, right, up and down swipes on touch devices.
 * You can capture 2 finger or 1 finger swipes, set the threshold and define either a catch all handler, or individual direction handlers.
 * Options:
 * 		swipe 		Function 	A catch all handler that is triggered for all swipe directions. Handler is passed 3 arguments, the original event object, the direction of the swipe : "left", "right", "up", "down" and the distance of the swipe.
 * 		swipeLeft	Function 	A handler that is triggered for "left" swipes. Handler is passed 3 arguments, the original event object, the direction of the swipe : "left", "right", "up", "down" and the distance of the swipe.
 * 		swipeRight	Function 	A handler that is triggered for "right" swipes. Handler is passed 3 arguments, the original event object, the direction of the swipe : "left", "right", "up", "down" and the distance of the swipe.
 * 		swipeUp		Function 	A handler that is triggered for "up" swipes. Handler is passed 3 arguments, the original event object, the direction of the swipe : "left", "right", "up", "down" and the distance of the swipe.
 * 		swipeDown	Function 	A handler that is triggered for "down" swipes. Handler is passed 3 arguments, the original event object, the direction of the swipe : "left", "right", "up", "down" and the distance of the swipe.
 *		swipeStatus Function 	A handler triggered for every phase of the swipe. Handler is passed 4 arguments: event : The original event object, phase:The current swipe face, either "start?, "move?, "end? or "cancel?. direction : The swipe direction, either "up?, "down?, "left " or "right?.distance : The distance of the swipe.
 *		click		Function	A handler triggered when a user just clicks on the item, rather than swipes it. If they do not move, click is triggered, if they do move, it is not.
 *
 * 		fingers 	int 		Default 1. 	The number of fingers to trigger the swipe, 1 or 2.
 * 		threshold 	int  		Default 75.	The number of pixels that the user must move their finger by before it is considered a swipe.
 *		triggerOnTouchEnd Boolean Default true If true, the swipe events are triggered when the touch end event is received (user releases finger).  If false, it will be triggered on reaching the threshold, and then cancel the touch event automatically.
 *		allowPageScroll String Default "auto". How the browser handles page scrolls when the user is swiping on a touchSwipe object. 
 *										"auto" : all undefined swipes will cause the page to scroll in that direction.
 *										"none" : the page will not scroll when user swipes.
 *										"horizontal" : will force page to scroll on horizontal swipes.
 *										"vertical" : will force page to scroll on vertical swipes.
 *
 * This jQuery plugin will only run on devices running Mobile Webkit based browsers (iOS 2.0+, android 2.2+)
 */