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@@ -4,13 +4,13 @@ Copyright (c) 2011 TapQuo Inc (Javier Jimenez Villar)
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===============================================================================
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===============================================================================
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OPEN SOURCE LICENSE FOR LUNGOJS
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OPEN SOURCE LICENSE FOR LUNGOJS
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-Version 1.0
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+Version 1.0.1
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-LungoJS is an avid supporter of open source software. This is the appropriate
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-option if you are creating an open source application with a license compatible
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-with the GNU GPL license v3 (http://www.gnu.org/copyleft/gpl.html). Although
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-the GPLv3 has many terms, the most important is that you must provide the
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-source code of your application to your users so they can be free to modify
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+LungoJS is an avid supporter of open source software. This is the appropriate
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+option if you are creating an open source application with a license compatible
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+with the GNU GPL license v3 (http://www.gnu.org/copyleft/gpl.html). Although
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+the GPLv3 has many terms, the most important is that you must provide the
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+source code of your application to your users so they can be free to modify
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your application for their own needs.
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your application for their own needs.
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-------------------------------------------------------------------------------
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-------------------------------------------------------------------------------
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@@ -39,227 +39,256 @@ THE SOFTWARE.
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===============================================================================
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===============================================================================
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COMMERCIAL SOFTWARE LICENSE FOR LUNGOJS
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COMMERCIAL SOFTWARE LICENSE FOR LUNGOJS
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-Version 1.0
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+Version 1.0.1
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-THIS DOCUMENT IS A LEGAL AGREEMENT (the “License Agreement”) BETWEEN TAPQUO INC.
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-(“We,” “Us”) AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING
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-THE LICENSE DESCRIBED BELOW (“You”) IN RELATION TO THE LUNGOJS SOFTWARE
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-LIBRARY (THE “Software”), AND/OR ALL RELATED MATERIALS. BY DOWNLOADING,
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+THIS DOCUMENT IS A LEGAL AGREEMENT (the “License Agreement”) BETWEEN TAPQUO INC.
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+(“We,” “Us”) AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING
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+THE LICENSE DESCRIBED BELOW (“You”) IN RELATION TO THE LUNGOJS SOFTWARE
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+LIBRARY (THE “Software”), AND/OR ALL RELATED MATERIALS. BY DOWNLOADING,
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INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING
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INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING
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-TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS
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-OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING, COPYING,
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-INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE
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-SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL
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-COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.
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+TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS
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+OF THIS LICENSE AGREEMENT, DO NOT PROCEED WITH THE DOWNLOADING, COPYING,
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+INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY PORTION THEREOF. THE
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+SOFTWARE IS PROTECTED BY UNITED STATES COPYRIGHT LAWS AND INTERNATIONAL
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+COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.
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THE SOFTWARE IS LICENSED, NOT SOLD.
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THE SOFTWARE IS LICENSED, NOT SOLD.
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-THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE
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+THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS WITH RESPECT TO THE SOFTWARE
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AND ITS COMPONENTS.
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AND ITS COMPONENTS.
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1. OWNERSHIP, LICENSE GRANT
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1. OWNERSHIP, LICENSE GRANT
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This is a license agreement and not an agreement for sale. We reserve ownership
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This is a license agreement and not an agreement for sale. We reserve ownership
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-of all intellectual property rights inherent in or relating to the Software,
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+of all intellectual property rights inherent in or relating to the Software,
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which include, but are not limited to, all copyright, patent rights, all rights
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which include, but are not limited to, all copyright, patent rights, all rights
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in relation to registered and unregistered trademarks (including service marks),
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in relation to registered and unregistered trademarks (including service marks),
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confidential information (including trade secrets and know-how) and all
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confidential information (including trade secrets and know-how) and all
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rights other than those expressly granted by this Agreement.
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rights other than those expressly granted by this Agreement.
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-Subject to the terms and conditions of this License Agreement, We grant to You
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-a revocable, non-transferable, non-exclusive license (i) for a Designated
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-User(s) (as defined below) within Your organization to install and use the
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-Software on any workstations used exclusively by such Designated User(s) and
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-(ii) for You to install and use the Software in connection with unlimited
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-domains and sub-domains on unlimited servers, solely in connection with
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-distribution of the Software in accordance with sections 3 and 4 below. This
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-license is not sublicensable except as explicitly set forth herein.
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-“Designated User(s)” shall mean Your employee(s) acting within the scope of
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+Subject to the terms and conditions of this License Agreement, We grant to You
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+a revocable, non-transferable, non-exclusive license (i) for a Designated
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+User(s) (as defined below) within Your organization to install and use the
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+Software on any workstations used exclusively by such Designated User(s) and
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+(ii) for You to install and use the Software in connection with unlimited
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+domains and sub-domains on unlimited servers, solely in connection with
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+distribution of the Software in accordance with sections 3 and 4 below. This
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+license is not sublicensable except as explicitly set forth herein.
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+“Designated User(s)” shall mean Your employee(s) acting within the scope of
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their employment or Your consultant(s) or contractor(s) acting within the scope
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their employment or Your consultant(s) or contractor(s) acting within the scope
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of the services they provide for You or on Your behalf.
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of the services they provide for You or on Your behalf.
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2. PERMITTED USES, SOURCE CODE, MODIFICATIONS
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2. PERMITTED USES, SOURCE CODE, MODIFICATIONS
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-We provide You with source code so that You can create Modifications of the
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-original Software, where Modification means: a) any addition to or deletion
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-from the contents of a file included in the original Software or previous
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+We provide You with source code so that You can create Modifications of the
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+original Software, where Modification means: a) any addition to or deletion
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+from the contents of a file included in the original Software or previous
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Modifications created by You, or b) any new file that contains any part of the
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Modifications created by You, or b) any new file that contains any part of the
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original Software or previous Modifications. While You retain all rights to any
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original Software or previous Modifications. While You retain all rights to any
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-original work authored by You as part of the Modifications, We continue to own
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+original work authored by You as part of the Modifications, We continue to own
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all copyright and other intellectual property rights in the Software.
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all copyright and other intellectual property rights in the Software.
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3. DISTRIBUTION
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3. DISTRIBUTION
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-You may distribute the Software in any applications, frameworks, or elements (collectively referred
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-to as “Applications”) that you develop using the Software in accordance with this License Agreement,
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-provided that such distribution does not violate the restrictions set forth in section 4 of this
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-agreement. You must not remove, obscure or interfere with any copyright, acknowledgment,
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-attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise
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-applied in connection with the Software.
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+You may distribute the Software in any applications, frameworks, or elements
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+(collectively referred to as “Applications”) that you develop using the Software
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+in accordance with this License Agreement, provided that such distribution does
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+not violate the restrictions set forth in section 4 of this agreement. You must
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+not remove, obscure or interfere with any copyright, acknowledgment,
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+attribution, trademark, warning or disclaimer statement affixed to, incorporated
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+in or otherwise applied in connection with the Software.
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-You are required to ensure that the Software is not reused by or with any applications other than
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-those with which You distribute it as permitted herein. For example, if You install the Software on
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-a customer’s server, that customer is not permitted to use the Software independently of Your
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-application, and must be informed as such.
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+You are required to ensure that the Software is not reused by or with any
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+applications other than those with which You distribute it as permitted herein.
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+For example, if You install the Software on a customer’s server, that customer
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+is not permitted to use the Software independently of Your application, and
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+must be informed as such.
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-You will not owe Us any royalties for Your distribution of the Software in accordance with this
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-License Agreement.
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+You will not owe Us any royalties for Your distribution of the Software in
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+accordance with this License Agreement.
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4. PROHIBITED USES
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4. PROHIBITED USES
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-You may not, without Our prior written consent, redistribute the Software or Modifications other
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-than by including the Software or a portion thereof within Your own product, which must have
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-substantially different functionality than the Software or Modifications and must not allow any
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-third party to use the Software or Modifications, or any portions thereof, for software development
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-or application development purposes. You are explicitly not allowed to redistribute the Software or
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-Modifications as part of any product that can be described as a development toolkit or library or is
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-intended for use by software developers or application developers and not end-users. You are not
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+You may not, without Our prior written consent, redistribute the Software or
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+Modifications other than by including the Software or a portion thereof within
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+Your own product, which must have substantially different functionality than
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+the Software or Modifications and must not allow any third party to use the
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+Software or Modifications, or any portions thereof, for software development
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+or application development purposes. You are explicitly not allowed to
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+redistribute the Software or Modifications as part of any product that can be
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+described as a development toolkit or library or is intended for use by
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+software developers or application developers and not end-users. You are not
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allowed to redistribute any part of the Software documentation.
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allowed to redistribute any part of the Software documentation.
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-You may not: a) use any part of the Software or Modifications or Your knowledge of the Software (or
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-any information that You learn as a result of Your use of the Software) to create a product with the
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-same or substantially the same functionality as the Software; or b) change or remove the copyright
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+You may not: a) use any part of the Software or Modifications or Your
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+knowledge of the Software (or any information that You learn as a result of
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+Your use of the Software) to create a product with the same or substantially
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+the same functionality as the Software; or b) change or remove the copyright
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notice from any of the files included in the Software or Modifications.
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notice from any of the files included in the Software or Modifications.
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-UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS THE BASIS FOR OR IN
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-CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME,OR SUBSTANTIALLY THE SAME
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+UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS THE BASIS FOR OR IN
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+CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME,OR SUBSTANTIALLY THE SAME
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FUNCTIONALITY AS THE SOFTWARE.
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FUNCTIONALITY AS THE SOFTWARE.
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-The Open Source version of the Software (“GPL Version”) is licensed under the terms of the GNU
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-General Public License versions 3.0 (“GPL”) and not under this Agreement. If You, or another third
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-party, has, at any time, developed all (or any portions of) the Application(s) using the GPL
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-Version, You may not combine such development work with the Software and must license such
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-Application(s) (or any portions derived there from) under the terms of the GNU General Public
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-License version 3, a copy of which is located at http://www.gnu.org/copyleft/gpl.html.
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+The Open Source version of the Software (“GPL Version”) is licensed under the
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+terms of the GNU General Public License versions 3.0 (“GPL”) and not under this
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+Agreement. If You, or another third party, has, at any time, developed all (or
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+any portions of) the Application(s) using the GPL Version, You may not combine
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+such development work with the Software and must license such Application(s)
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+(or any portions derived there from) under the terms of the GNU General Public
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+License version 3, a copy of which is located at:
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+http://www.gnu.org/copyleft/gpl.html.
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5. TERMINATION
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5. TERMINATION
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-This License Agreement and Your right to use the Software and Modifications will terminate
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-immediately without notice if You fail to comply with the terms and conditions of this License
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-Agreement. Upon termination, You agree to immediately cease using and destroy the Software or
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-Modifications, including all accompanying documents. The provisions of sections 4, 5, 6, 7, 8, 9, 10
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-and 12 will survive any termination of this License Agreement.
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+This License Agreement and Your right to use the Software and Modifications
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+will terminate immediately without notice if You fail to comply with the terms
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+and conditions of this License Agreement. Upon termination, You agree to
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+immediately cease using and destroy the Software or Modifications, including
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+all accompanying documents. The provisions of sections 4, 5, 6, 7, 8, 9, 10 and
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+12 will survive any termination of this License Agreement.
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6. DISCLAIMER OF WARRANTIES
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6. DISCLAIMER OF WARRANTIES
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-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS
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-DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
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-BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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-PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
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-SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL
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-BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT
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+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS
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+DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING,
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+BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
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+PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE
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+SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL
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+BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT
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TECHNICALLY PRACTICABLE FOR US TO DO SO.
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TECHNICALLY PRACTICABLE FOR US TO DO SO.
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7. LIMITATION OF LIABILITIES
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7. LIMITATION OF LIABILITIES
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-TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR
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-OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
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-DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
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-PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
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-PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN
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-IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR ENTIRE
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-LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE
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-AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
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+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR
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+OUR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
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+DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS
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+PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER
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+PECUNIARY LAW) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN
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+IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, OUR
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+ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED
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+TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
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8. VERIFICATION
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8. VERIFICATION
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-We or a certified auditor acting on Our behalf, may, upon its reasonable request and at its expense,
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-audit You with respect to the use of the Software. Such audit may be conducted by mail, electronic
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-means or through an in-person visit to Your place of business. Any such in-person audit shall be
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-conducted during regular business hours at Your facilities and shall not unreasonably interfere with
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-Your business activities. We shall not remove, copy, or redistribute any electronic material during
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-the course of an audit. If an audit reveals that You are using the Software in a way that is in
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-material violation of the terms of the Agreement, then You shall pay Our reasonable costs of
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-conducting the audit. In the case of a material violation, You agree to pay Us any amounts owing
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-that are attributable to the unauthorized use. In the alternative, We reserve the right, at Our
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-sole option, to terminate the licenses for the Software.
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+We or a certified auditor acting on Our behalf, may, upon its reasonable
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+request and at its expense, audit You with respect to the use of the Software.
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+Such audit may be conducted by mail, electronic means or through an in-person
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+visit to Your place of business. Any such in-person audit shall be conducted
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+during regular business hours at Your facilities and shall not unreasonably
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+interfere with Your business activities. We shall not remove, copy, or
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+redistribute any electronic material during the course of an audit. If an audit
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+reveals that You are using the Software in a way that is in material violation
|
|
|
|
|
+of the terms of the Agreement, then You shall pay Our reasonable costs of
|
|
|
|
|
+conducting the audit. In the case of a material violation, You agree to pay Us
|
|
|
|
|
+any amounts owing that are attributable to the unauthorized use. In the
|
|
|
|
|
+alternative, We reserve the right, at Our sole option, to terminate the
|
|
|
|
|
+licenses for the Software.
|
|
|
|
|
|
|
|
9. THIRD PARTY SOFTWARE
|
|
9. THIRD PARTY SOFTWARE
|
|
|
|
|
|
|
|
-Examples included in Software may provide links to third party libraries or code (collectively
|
|
|
|
|
-“Third Party Software”) to implement various functions. Third Party Software does not comprise part
|
|
|
|
|
-of the Software. In some cases, access to Third Party Software may be included along with the
|
|
|
|
|
-Software delivery as a convenience for demonstration purposes. Such source code and libraries may be
|
|
|
|
|
-included in the “…/examples” source tree delivered with the Software and do not comprise the
|
|
|
|
|
-Software. Licensee acknowledges (1) that some part of Third Party Software may require additional
|
|
|
|
|
-licensing of copyright and patents from the owners of such, and (2) that distribution of any of the
|
|
|
|
|
-Software referencing or including any portion of a Third Party Software may require appropriate
|
|
|
|
|
-licensing from such third parties.
|
|
|
|
|
|
|
+Examples included in Software may provide links to third party libraries or
|
|
|
|
|
+code (collectively “Third Party Software”) to implement various functions.
|
|
|
|
|
+Third Party Software does not comprise part of the Software. In some cases,
|
|
|
|
|
+access to Third Party Software may be included along with the Software delivery
|
|
|
|
|
+as a convenience for demonstration purposes. Such source code and libraries may
|
|
|
|
|
+be included in the “…/examples” source tree delivered with the Software and do
|
|
|
|
|
+not comprise the Software. Licensee acknowledges (1) that some part of Third
|
|
|
|
|
+Party Software may require additional licensing of copyright and patents from
|
|
|
|
|
+the owners of such, and (2) that distribution of any of the Software
|
|
|
|
|
+referencing or including any portion of a Third Party Software may require
|
|
|
|
|
+appropriate licensing from such third parties.
|
|
|
|
|
|
|
|
10. PAYMENT AND TAXES
|
|
10. PAYMENT AND TAXES
|
|
|
|
|
|
|
|
-If credit has been extended to You by Us, all payments under this Agreement are due within thirty
|
|
|
|
|
-(30) days of the date We mail an invoice to You. If We have not extended credit to You, You shall
|
|
|
|
|
-be required to make payment concurrent with the delivery of the Software by Us. All amounts payable
|
|
|
|
|
-are gross amounts but exclusive of any value added tax, use tax, sales tax or similar tax. You shall
|
|
|
|
|
-be entitled to withhold from payments any applicable withholding taxes and comply with all
|
|
|
|
|
-applicable tax and employment legislation. Each party shall pay all taxes (including, but not
|
|
|
|
|
-limited to, taxes based upon its income) or levies imposed on it under applicable laws, regulations
|
|
|
|
|
-and tax treaties as a result of this Agreement and any payments made hereunder (including those
|
|
|
|
|
-required to be withheld or deducted from payments). Each party shall furnish evidence of such paid
|
|
|
|
|
-taxes as is sufficient to enable the other party to obtain any credits available to it, including
|
|
|
|
|
-original withholding tax certificates.
|
|
|
|
|
|
|
+If credit has been extended to You by Us, all payments under this Agreement are
|
|
|
|
|
+due within thirty (30) days of the date We mail an invoice to You. If We have
|
|
|
|
|
+not extended credit to You, You shall be required to make payment concurrent
|
|
|
|
|
+with the delivery of the Software by Us. All amounts payable are gross amounts
|
|
|
|
|
+but exclusive of any value added tax, use tax, sales tax or similar tax. You
|
|
|
|
|
+shall be entitled to withhold from payments any applicable withholding taxes
|
|
|
|
|
+and comply with all applicable tax and employment legislation. Each party shall
|
|
|
|
|
+pay all taxes (including, but not limited to, taxes based upon its income) or
|
|
|
|
|
+levies imposed on it under applicable laws, regulations and tax treaties as a
|
|
|
|
|
+result of this Agreement and any payments made hereunder (including those
|
|
|
|
|
+required to be withheld or deducted from payments). Each party shall furnish
|
|
|
|
|
+evidence of such paid taxes as is sufficient to enable the other party to
|
|
|
|
|
+obtain any credits available to it, including original withholding tax
|
|
|
|
|
+certificates.
|
|
|
|
|
|
|
|
11. SUPPORT AND UPDATES
|
|
11. SUPPORT AND UPDATES
|
|
|
|
|
|
|
|
-You are not entitled to any support for the Software under this Agreement. All support must be
|
|
|
|
|
-purchased separately and will be subject to the terms and conditions contained in the Tapquo support
|
|
|
|
|
-agreement. You are entitled to receive minor version updates to the Software (i.e. versions
|
|
|
|
|
-identified as follows (X.Y, X.Y+1). You are not entitled to receive major version updates (i.e.
|
|
|
|
|
-X.Y, X+1.Y) or bug fix updates to the Software (X.Y.Z, X.Y.Z+1). Major version updates and bug fix
|
|
|
|
|
-updates to the Software are available separately for purchase.
|
|
|
|
|
|
|
+You are not entitled to any support for the Software under this Agreement.
|
|
|
|
|
+All support must be purchased separately and will be subject to the terms and
|
|
|
|
|
+conditions contained in the Tapquo support agreement. You are entitled to
|
|
|
|
|
+receive minor version updates to the Software (i.e. versions identified as
|
|
|
|
|
+follows (X.Y, X.Y+1). You are not entitled to receive major version updates
|
|
|
|
|
+(i.e. X.Y, X+1.Y) or bug fix updates to the Software (X.Y.Z, X.Y.Z+1). Major
|
|
|
|
|
+version updates and bug fix updates to the Software are available separately
|
|
|
|
|
+for purchase.
|
|
|
|
|
|
|
|
12 MISCELLANEOUS
|
|
12 MISCELLANEOUS
|
|
|
|
|
|
|
|
-The license granted herein applies only to the version of the Software available when purchased in
|
|
|
|
|
-connection with the terms of this Agreement. Any previous or subsequent license granted to You for
|
|
|
|
|
-use of the Software shall be governed by the terms and conditions of the agreement entered in
|
|
|
|
|
-connection with purchase of that version of the Software. You agree that you will comply with all
|
|
|
|
|
-applicable laws and regulations with respect to the Software, including without limitation all
|
|
|
|
|
-export and re-export control laws and regulations.
|
|
|
|
|
-
|
|
|
|
|
-While redistributing the Software or Modifications thereof, You may choose to offer acceptance of
|
|
|
|
|
-support, warranty, indemnity, or other liability obligations and/or rights consistent with this
|
|
|
|
|
-Agreement. However, in accepting such obligations, You may act only on Your own behalf and on Your
|
|
|
|
|
-sole responsibility, not on our behalf. You agree to indemnify, defend, and hold Us harmless from
|
|
|
|
|
-and against any liability incurred by, or claims asserted against, Us (i) by reason of Your
|
|
|
|
|
-accepting any such support, warranty, indemnity or additional liability; or (ii) arising out of the
|
|
|
|
|
-use, reproduction or distribution of Your Application, except to the extent such claim is solely
|
|
|
|
|
|
|
+The license granted herein applies only to the version of the Software
|
|
|
|
|
+available when purchased in connection with the terms of this Agreement. Any
|
|
|
|
|
+previous or subsequent license granted to You for use of the Software shall be
|
|
|
|
|
+governed by the terms and conditions of the agreement entered in connection
|
|
|
|
|
+with purchase of that version of the Software. You agree that you will comply
|
|
|
|
|
+with all applicable laws and regulations with respect to the Software,
|
|
|
|
|
+including without limitation all export and re-export control laws and
|
|
|
|
|
+regulations.
|
|
|
|
|
+
|
|
|
|
|
+While redistributing the Software or Modifications thereof, You may choose to
|
|
|
|
|
+offer acceptance of support, warranty, indemnity, or other liability
|
|
|
|
|
+obligations and/or rights consistent with this Agreement. However, in accepting
|
|
|
|
|
+such obligations, You may act only on Your own behalf and on Your sole
|
|
|
|
|
+responsibility, not on our behalf. You agree to indemnify, defend, and hold Us
|
|
|
|
|
+harmless from and against any liability incurred by, or claims asserted
|
|
|
|
|
+against, Us (i) by reason of Your accepting any such support, warranty,
|
|
|
|
|
+indemnity or additional liability; or (ii) arising out of the use, reproduction
|
|
|
|
|
+or distribution of Your Application, except to the extent such claim is solely
|
|
|
based on the inclusion of the Software therein.
|
|
based on the inclusion of the Software therein.
|
|
|
|
|
|
|
|
-You agree to be identified as a customer of ours and You agree that We may refer to You by name,
|
|
|
|
|
-trade name and trademark, if applicable, and may briefly describe Your business in our marketing
|
|
|
|
|
-materials and web site.
|
|
|
|
|
-
|
|
|
|
|
-You may not assign this License Agreement without Our prior written consent, which will not be
|
|
|
|
|
-unreasonably withheld. This License Agreement will inure to the benefit of Our successors and
|
|
|
|
|
-assigns.
|
|
|
|
|
-
|
|
|
|
|
-You acknowledge that this License Agreement is complete and is the exclusive representation of our
|
|
|
|
|
-agreement. No oral or written information given by Us or on our behalf shall create a warranty or
|
|
|
|
|
-collateral contract, or in any way increase the scope of this License Agreement in any way, and You
|
|
|
|
|
-may not rely on any such oral or written information. No term or condition contained in any purchase
|
|
|
|
|
-order shall apply unless expressly accepted by Us in writing,
|
|
|
|
|
-
|
|
|
|
|
-There are no implied licenses or other implied rights granted under this Agreement, and all rights,
|
|
|
|
|
-save for those expressly granted hereunder, shall remain with Us and our licensors. In addition, no
|
|
|
|
|
-licenses or immunities are granted to the combination of the Software and/or Modifications, as
|
|
|
|
|
-applicable, with any other software or hardware not delivered by Us to You under this Agreement.
|
|
|
|
|
-
|
|
|
|
|
-If any provision in this License Agreement shall be determined to be invalid, such provision shall
|
|
|
|
|
-be deemed omitted; the remainder of this License Agreement shall continue in full force and effect.
|
|
|
|
|
-If any remedy provided is determined to have failed for its essential purpose, all limitations of
|
|
|
|
|
-liability and exclusions of damages set forth in this Agreement shall remain in effect.
|
|
|
|
|
-
|
|
|
|
|
-This License Agreement may be modified only by a written instrument signed by an authorized
|
|
|
|
|
-representative of each party.
|
|
|
|
|
-
|
|
|
|
|
-This Agreement is governed by the law of the State of California, United States (notwithstanding
|
|
|
|
|
-conflicts of laws provisions), and all parties irrevocably submit to the jurisdiction of the courts
|
|
|
|
|
-of the State of California and further agree to commence any litigation which may arise hereunder in
|
|
|
|
|
-the state or federal courts located in the judicial district of Santa Clara County, California, US.
|
|
|
|
|
-
|
|
|
|
|
-If the Software or any related documentation is licensed to the U.S. government or any agency
|
|
|
|
|
-thereof, it will be deemed to be “commercial computer software” or “commercial computer software
|
|
|
|
|
-documentation,” pursuant to SFAR Section 227.7202 and FAR Section 12.212. Any use of the Software or
|
|
|
|
|
-related documentation by the U.S. government will be governed solely by the terms of this License
|
|
|
|
|
-Agreement.
|
|
|
|
|
|
|
+You agree to be identified as a customer of ours and You agree that We may
|
|
|
|
|
+refer to You by name, trade name and trademark, if applicable, and may briefly
|
|
|
|
|
+describe Your business in our marketing materials and web site.
|
|
|
|
|
+
|
|
|
|
|
+You may not assign this License Agreement without Our prior written consent,
|
|
|
|
|
+which will not be unreasonably withheld. This License Agreement will inure to
|
|
|
|
|
+the benefit of Our successors and assigns.
|
|
|
|
|
+
|
|
|
|
|
+You acknowledge that this License Agreement is complete and is the exclusive
|
|
|
|
|
+representation of our agreement. No oral or written information given by Us or
|
|
|
|
|
+on our behalf shall create a warranty or collateral contract, or in any way
|
|
|
|
|
+increase the scope of this License Agreement in any way, and You may not rely
|
|
|
|
|
+on any such oral or written information. No term or condition contained in any
|
|
|
|
|
+purchase order shall apply unless expressly accepted by Us in writing,
|
|
|
|
|
+
|
|
|
|
|
+There are no implied licenses or other implied rights granted under this
|
|
|
|
|
+Agreement, and all rights, save for those expressly granted hereunder, shall
|
|
|
|
|
+remain with Us and our licensors. In addition, no licenses or immunities are
|
|
|
|
|
+granted to the combination of the Software and/or Modifications, as applicable,
|
|
|
|
|
+with any other software or hardware not delivered by Us to You under this
|
|
|
|
|
+Agreement.
|
|
|
|
|
+
|
|
|
|
|
+If any provision in this License Agreement shall be determined to be invalid,
|
|
|
|
|
+such provision shall be deemed omitted; the remainder of this License Agreement
|
|
|
|
|
+shall continue in full force and effect. If any remedy provided is determined
|
|
|
|
|
+to have failed for its essential purpose, all limitations of liability and
|
|
|
|
|
+exclusions of damages set forth in this Agreement shall remain in effect.
|
|
|
|
|
+
|
|
|
|
|
+This License Agreement may be modified only by a written instrument signed by
|
|
|
|
|
+an authorized representative of each party.
|
|
|
|
|
+
|
|
|
|
|
+This Agreement is governed by the law of the State of California, United
|
|
|
|
|
+States (notwithstanding conflicts of laws provisions), and all parties
|
|
|
|
|
+irrevocably submit to the jurisdiction of the courts of the State of California
|
|
|
|
|
+and further agree to commence any litigation which may arise hereunder in the
|
|
|
|
|
+state or federal courts located in the judicial district of Santa Clara County,
|
|
|
|
|
+California, US.
|
|
|
|
|
+
|
|
|
|
|
+If the Software or any related documentation is licensed to the U.S. government
|
|
|
|
|
+or any agency thereof, it will be deemed to be “commercial computer software”
|
|
|
|
|
+or “commercial computer software documentation,” pursuant to SFAR Section
|
|
|
|
|
+227.7202 and FAR Section 12.212. Any use of the Software or related
|
|
|
|
|
+documentation by the U.S. government will be governed solely by the terms of
|
|
|
|
|
+this License Agreement.
|
@soyjavi