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Revision 1.1 - (show annotations) (download)
Tue Jul 10 19:41:31 2007 UTC (7 years ago) by dev-zero
Branch: MAIN
CVS Tags: HEAD
Added new version of the eGenixPublic-license for egenix-mx-base-3*

1 ________________________________________________________________________
2
3 EGENIX.COM PUBLIC LICENSE AGREEMENT VERSION 1.1.0
4 ________________________________________________________________________
5
6 1. Introduction
7
8 This "License Agreement" is between eGenix.com Software, Skills
9 and Services GmbH ("eGenix.com"), having an office at
10 Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, and the
11 Individual or Organization ("Licensee") accessing and otherwise
12 using this software in source or binary form and its associated
13 documentation ("the Software").
14
15 2. License
16
17 Subject to the terms and conditions of this eGenix.com Public
18 License Agreement, eGenix.com hereby grants Licensee a
19 non-exclusive, royalty-free, world-wide license to reproduce,
20 analyze, test, perform and/or display publicly, prepare derivative
21 works, distribute, and otherwise use the Software alone or in any
22 derivative version, provided, however, that the eGenix.com Public
23 License Agreement is retained in the Software, or in any
24 derivative version of the Software prepared by Licensee.
25
26 3. NO WARRANTY
27
28 eGenix.com is making the Software available to Licensee on an "AS
29 IS" basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE
30 EXCLUDED, EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES,
31 EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION,
32 EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY
33 OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
34 THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
35
36 4. LIMITATION OF LIABILITY
37
38 EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF
39 THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
40 OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
41 BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
42 INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING,
43 MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF,
44 EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
45
46 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
47 INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
48 LIMITATION MAY NOT APPLY TO LICENSEE.
49
50 5. Termination
51
52 This License Agreement will automatically terminate upon a
53 material breach of its terms and conditions.
54
55 6. Third Party Rights
56
57 Any software or documentation in source or binary form provided
58 along with the Software that is associated with a separate license
59 agreement is licensed to Licensee under the terms of that license
60 agreement. This License Agreement does not apply to those portions
61 of the Software. Copies of the third party licenses are included
62 in the Software Distribution.
63
64 7. General
65
66 Nothing in this License Agreement affects any statutory rights of
67 consumers that cannot be waived or limited by contract.
68
69 Nothing in this License Agreement shall be deemed to create any
70 relationship of agency, partnership, or joint venture between
71 eGenix.com and Licensee.
72
73 If any provision of this License Agreement shall be unlawful,
74 void, or for any reason unenforceable, such provision shall be
75 modified to the extent necessary to render it enforceable without
76 losing its intent, or, if no such modification is possible, be
77 severed from this License Agreement and shall not affect the
78 validity and enforceability of the remaining provisions of this
79 License Agreement.
80
81 This License Agreement shall be governed by and interpreted in all
82 respects by the law of Germany, excluding conflict of law
83 provisions. It shall not be governed by the United Nations
84 Convention on Contracts for International Sale of Goods.
85
86 This License Agreement does not grant permission to use eGenix.com
87 trademarks or trade names in a trademark sense to endorse or
88 promote products or services of Licensee, or any third party.
89
90 The controlling language of this License Agreement is English. If
91 Licensee has received a translation into another language, it has
92 been provided for Licensee's convenience only.
93
94 8. Agreement
95
96 By downloading, copying, installing or otherwise using the
97 Software, Licensee agrees to be bound by the terms and conditions
98 of this License Agreement.
99
100
101 For question regarding this License Agreement, please write to:
102
103 eGenix.com Software, Skills and Services GmbH
104 Pastor-Loeh-Str. 48
105 D-40764 Langenfeld
106 Germany

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