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Sat Mar 13 08:05:19 2004 UTC (10 years, 9 months ago) by eradicator
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license for net-im/simpserver-bin

1 SimpServer test releases License Agreement
2
3 This Agreement sets forth the terms and conditions under which test releases
4 (also called beta versions) of the software known as SimpServer will be licensed
5 by Secway SARL ("Secway") to you ("Licensee") for the duration of the test
6 period.
7
8 IMPORTANT: BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING OR
9 DISTRIBUTING SIMPSERVER BETA VERSIONS (THE "PRODUCT") OR ANY OF ITS FILES (THE
10 "PACKAGE"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS
11 CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE
12 DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-
13 ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR DISTRIBUTE OR USE
14 THE SOFTWARE.
15
16
17 Terms of the license agreement
18
19 1. LICENSE AGREEMENT. This license agreement governs the obtaining, use,
20 duplication, distribution, and modification of the Product and its package. Use,
21 duplication, distribution or modification of the Product and its package implies
22 the acceptation of this license agreement.
23
24 2. LICENSE GRANT.
25 a. Secway grants Licensee a non-exclusive and non-transferable license to
26 reproduce and use for personal purposes the executable code version of the
27 Product for the duration of the test period, provided any copy must contain all
28 of the original proprietary notices.
29 b. This license does not entitle Licensee to receive from Secway hard-copy
30 documentation, technical support, telephone assistance, or enhancements or
31 updates to the Product.
32 c. Licensee may not customize the Product unless he has received a written
33 agreement from Secway. In this case, the exact terms and extends of this
34 customization are to be found in the written agreement.
35 d. Licensee may not redistribute the Product unless for personal or
36 internal business purposes. Redistribution must be free except possibly for
37 media or bandwidth costs, and redistributed files must be the original package
38 as obtained from Secway, without any modification. Distribution of the Product
39 or its package aggregated with other programs as part of a larger (possibly
40 commercial) software distribution may be permitted by a written agreement from
41 Secway. Such distribution is also governed by terms of this license agreement
42 plus amendments possibly made by the written agreement.
43
44 3. RESTRICTIONS.
45 a. Except as otherwise expressly permitted in this Agreement, Licensee may
46 not:
47 i. modify or create any derivative works of the Product or documentation,
48 including translation or localization
49 ii. redistribute, encumber, sell, rent, lease, sublicense, or otherwise
50 transfer rights to the Product
51 iii. remove or alter any trademark, logo, copyright or other proprietary
52 notices, legends, symbols or labels in the Product
53 iv. publish any results of benchmark tests or evaluation or reverse
54 engineering (see below) run on the Product to a third party without Secway's
55 prior written consent, which cannot be refused without any valid reason.
56 b. Decompilation, disassembly, reverse engineering or any attempt to derive
57 the source code for the Product is allowed for personal verification purposes
58 only.
59
60 4. FEES.
61 a. There is no license fee for the Product.
62 b. If Licensee wishes to receive the Product on media, there may be a small
63 charge for the media and for shipping and handling. Licensee is responsible for
64 any and all taxes.
65
66 5. TERMINATION.
67 a. Without prejudice to any other rights, Licensor may terminate this
68 Agreement 1) at the end of the test period, as fixed by Licensor and posted to
69 its Web site on the Internet or 2) if Licensee breaches any of its terms and
70 conditions. Upon termination, Licensee shall destroy all copies of the Product.
71
72 6. PROPRIETARY RIGHTS.
73 a. Title, ownership rights, and intellectual property rights in the Product
74 shall remain in Secway and/or its suppliers.
75 b. Licensee acknowledges such ownership and intellectual property rights
76 and will not take any action to jeopardize, limit or interfere in any manner
77 with Secway's or its suppliers' ownership of or rights with respect to the
78 Product.
79 c. The Product is protected by copyright and other intellectual property
80 laws and by international treaties.
81 d. Title and related rights in the content accessed through the Product is
82 the property of the applicable content owner and is protected by applicable law.
83 The license granted under this Agreement gives Licensee no rights to such
84 content.
85 e. The names Secway or Simp or SimpServer may not be used to endorse or
86 promote products derived from this software without specific prior written
87 permission.
88
89 7. DISCLAIMER OF WARRANTY.
90 BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE
91 PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED
92 IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS
93 IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
94 NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
95 PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
96 PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF
97 ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
98
99 8. LIMITATION OF LIABILITY.
100 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR
101 ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR
102 CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT,
103 INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE,
104 COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR
105 LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL
106 OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
107 IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT
108 SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS
109 LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY SECWAY UNDER A
110 SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL
111 INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW
112 PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT
113 ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
114 THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. SECWAY IS NOT RESPONSIBLE
115 FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY
116 THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH
117 CONTENT.
118
119 9. ENCRYPTION.
120 The Product containing encryption algorithms that may be forbidden by certain
121 legislations or in certain parts of the World, Licensee must ensure himself that
122 he has the legal right to import and/or use the Product. When redistributing
123 copies of the Product in accordance with 1. and 2., the Licensee shall also
124 ensure that he has the legal right to redistribute such copies, especially when
125 exporting them.
126
127 10. HIGH RISK ACTIVITIES.
128 The Product is not fault-tolerant and is not designed, manufactured or intended
129 for use or resale as on-line control equipment in hazardous environments
130 requiring fail-safe performance, such as in the operation of nuclear facilities,
131 aircraft navigation or communication systems, air traffic control, direct life
132 support machines, or weapons systems, in which the failure of the Product could
133 lead directly to death, personal injury, or severe physical or environmental
134 damage ("High Risk Activities"). Accordingly, Licensor and its suppliers
135 specifically disclaim any express or implied warranty of fitness for High Risk
136 Activities. Licensee agrees that Licensor and its suppliers will not be liable
137 for any claims or damages arising from the use of the Product in such
138 applications.
139
140 11. MISCELLANEOUS.
141 a. This Agreement constitutes the entire agreement between the parties
142 concerning the subject matter hereof.
143 b. This Agreement may be amended only by a writing signed by both parties.
144 c. Except to the extent applicable law, if any, provides otherwise, this
145 Agreement shall be governed by the laws of France.
146 d. If any provision in this Agreement should be held illegal or
147 unenforceable by a court having jurisdiction, such provision shall be modified
148 to the extent necessary to render it enforceable without losing its intent, or
149 severed from this Agreement if no such modification is possible, and other
150 provisions of this Agreement shall remain in full force and effect.
151 e. The controlling language of this Agreement is French. If Licensee has
152 received a translation into another language, it has been provided for
153 Licensee's convenience only.
154 f. A waiver by either party of any term or condition of this Agreement or
155 any breach thereof, in any one instance, shall not waive such term or condition
156 or any subsequent breach thereof.
157 g. The provisions of this Agreement which require or contemplate
158 performance after the expiration or termination of this Agreement shall be
159 enforceable notwithstanding said expiration or termination.
160 h. Licensee may not assign or otherwise transfer by operation of law or
161 otherwise this Agreement or any rights or obligations herein except in the case
162 of a merger or the sale of all or substantially all of Licensee's assets to
163 another entity.
164 i. This Agreement shall be binding upon and shall inure to the benefit of
165 the parties, their successors and permitted assigns.
166 j. Neither party shall be in default or be liable for any delay, failure in
167 performance (excepting the obligation to pay) or interruption of service
168 resulting directly or indirectly from any cause beyond its reasonable control.
169 k. The relationship between Licensor and Licensee is that of independent
170 contractors and neither Licensee nor its agents shall have any authority to bind
171 Licensor in any way.
172 l. If any dispute arises under this Agreement, the prevailing party shall
173 be reimbursed by the other party for any and all legal fees and costs associated
174 therewith.
175 m. The headings to the sections of this Agreement are used for convenience
176 only and shall have no substantive meaning.
177 n. Licensor may use Licensee's name in any customer reference list or in
178 any press release issued by Licensor regarding the licensing of the Product
179 and/or provide Licensee's name and the names of the Product licensed by Licensee
180 to third parties.
181
182
183
184 [end.]

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