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Tue Feb 10 04:34:05 2004 UTC (10 years, 7 months ago) by absinthe
Branch: MAIN
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app-benchmarks/volanomark

1 LICENSE AGREEMENT FOR VOLANOMARK(TM)
2
3 Please read the following Agreement carefully.
4
5 This product includes software developed by the Apache Software
6 Foundation (http://www.apache.org/). Copyright (c) 1999-2001 The Apache
7 Software Foundation. All rights reserved. See the following files for
8 the corresponding Apache Software Licenses:
9
10 license-tomcat.txt - the Apache Tomcat license
11 license-xerces.txt - the Apache Xerces license
12
13 Installation of VolanoMark Server Software Program (hereinafter
14 "Product") is contingent on your (hereinafter "Recipient") agreement to
15 the following terms:
16
17 1. GRANT OF LICENSE.
18
19 (a) Volano grants to Recipient a limited, non-exclusive, nontransferable
20 license to use copies of the executable code of the VolanoMark Server
21 software on computers residing on Recipient's premises.
22
23 (b) Recipient shall not rent, lease, sell, sublicense, assign, or
24 otherwise transfer Product, including any accompanying documentation or
25 printed materials. Recipient may not reverse engineer, decompile or
26 disassemble the Product. Volano and its suppliers shall retain title and
27 all ownership rights to the Product.
28
29 2. PRODUCT MAINTENANCE.
30
31 Volano is not obligated to provide maintenance or updates to Recipient
32 for the Product. However, any maintenance or updates provided by Volano
33 shall be covered by this Agreement.
34
35 3. DISCLAIMER OF WARRANTY.
36
37 THIS SOFTWARE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES AS TO
38 PERFORMANCE OR MERCHANTABILITY.
39
40 THIS PROGRAM IS PROVIDED WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES
41 WHATSOEVER. BECAUSE OF THE DIVERSITY OF CONDITIONS AND HARDWARE UNDER
42 WHICH THIS PROGRAM MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR
43 PURPOSE IS OFFERED. THE USER IS ADVISED TO TEST THE PROGRAM THOROUGHLY
44 BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE
45 PROGRAM. ANY LIABILITY OF SELLER OR MANUFACTURER WILL BE LIMITED
46 EXCLUSIVELY TO PRODUCT REPLACEMENT.
47
48 4. GOVERNING LAW; ATTORNEYS FEES.
49
50 This Agreement shall be governed by the laws of the State of California
51 and Recipient further consents to jurisdiction by the state and federal
52 courts sitting in the State of California. If either Volano or Recipient
53 employs attorneys to enforce any rights arising out of or relating to
54 this Agreement, the prevailing party shall be entitled to recover
55 reasonable attorneys' fees.
56
57 5. ENTIRE AGREEMENT.
58
59 This Agreement constitutes the complete and exclusive agreement between
60 Volano and Recipient with respect to the subject matter hereof, and
61 supersedes all prior oral or written understandings, communications or
62 agreements not specifically incorporated herein. This Agreement may not
63 be modified except in a writing duly signed by an authorized
64 representative of Volano and Recipient.

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