READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Spectrum Software Inc., Norcross, GA, USA ("Spectrum Software") hereby grants the temporary right to use the accompanying software and documentation and any error corrections provided by Spectrum Software (collectively "Software"), for evaluation purposes on a single workstation or in a local area network including not more than four workstations and one server or a web (applet mode) installation for not more than 5 users. You may use the Programs only for evaluation and testing and not for general production use. You must enter into a Spectrum Software License and Services Agreement to obtain the right to use the Programs in general production. You may copy the Programs for backup purposes only. Copyright and other restricted rights notices must be reproduced on all such copies. The rights granted herein are personal, nontransferable and nonassignable.
2. TERM . The license grant provided in Section 1 shall be for a trial period not to exceed 60 days (the "Trial Period"). At the end of the Trial Period, you will discontinue all use of the Programs and if requested by Spectrum Software, return all media to Spectrum Software, and provide Spectrum Software with certification that all copies of the Programs, whether partial or complete, have been returned to Spectrum Software and/or deleted from the storage media. Prior to returning programs to Spectrum Software, You shall acquire a return authorization number from Spectrum Software at (770) 448-8662.
3. RESTRICTIONS, PROTECTION OF PROGRAMS AND CONFIDENTIALITY. Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Spectrum Software and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Spectrum Software disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Spectrum Software or its licensors is granted under this Agreement.
By virtue of this Agreement, Spectrum Software and you may have access to information that is confidential to one another ("Confidential Information"). Confidential Information shall be limited to the Programs and all information clearly marked as confidential.
A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. Results of benchmark tests run by you may not be disclosed unless Spectrum Software consents to such disclosure in writing.
Spectrum Software and you agree, both during the term of this Agreement and for a period of three (3) years after termination of this Agreement and of all licenses granted hereunder, to hold each other's Confidential Information in confidence. Spectrum Software and you agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.
You shall limit access to the Software to its employees and agents whose responsibilities require such access, and you shall adopt reasonable measures to assure that its employees and agents will make no disclosure of the Programs to other persons or legal entities. You agree to treat the Software as a valuable asset of Spectrum Software and you agree that the Software code shall not be used for any purpose other than to assist in the normal use of the Software as defined in the documentation. In particular, but without limitation, you agree you will not decompile, disassemble, or attempt in any way to reverse engineer the Program or to develop a competing product based on the Programs.
You shall use reasonable efforts to report bugs in the Software to Spectrum Software and, at Spectrum Software's request, shall use reasonable efforts to assist Spectrum Software in duplicating and identifying said bugs.
You hereby acknowledge that Spectrum Software retains all title, copyright, patents, and other proprietary information rights in and to the Software. Further, any modifications, extensions, simplifications, or enhancements to the Software suggested, conceived of, designed, prototyped or implemented by Spectrum Software or you both during the term of this Agreement and for a period period of one (1) year after termination of this Agreement, shall become the exclusive property of Spectrum Software. Spectrum shall have the sole and exclusive right to register copyright of such materials in its own name in any and all countries, to obtain renewals, and to manufacture, reproduce, publish, distribute and sell the same.
4. EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY. SPECTRUM SOFTWARE IS DELIVERING THE Software TO YOU "AS IS," AND SPECTRUM SOFTWARE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SPECTRUM SOFTWARE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFIT), ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT. In no event shall Spectrum Software's liability for any damages hereunder exceed the amounts received by Spectrum Software as a result of this transaction.
5. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
6. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SPECTRUM SOFTWARE OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SPECTRUM SOFTWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Spectrum Software's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
7. TERMINATION. The license granted in this agreement will terminate at the end of the trial period of 60 days. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Spectrum Software if you fail to comply with any provision of this Agreement. Spectrum Software may terminate this Agreement immediately should any Software become, or in Spectrum Software's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right. Upon Termination, you must destroy all copies of Software.
8. EXPORT REGULATIONS. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
9. U.S. GOVERNMENT RESTRICTED RIGHTS. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
10. GOVERNING LAW. Any action related to this Agreement will be governed by the state of Georgia law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
11. SEVERABILITY. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
12. INTEGRATION. This Agreement is the entire agreement between you and Spectrum Software relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Spectrum Software, Inc. 6855 Jimmy Carter Blvd, Suite 2150, Norcross, Georgia 30071. (770) 448-8662.
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT" BUTTON AT THE END OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY, SELECT THE "DECLINE" BUTTON AT THE END OF THIS AGREEMENT.
1. LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively "Software"), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
2. RESTRICTIONS Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that Software is not designed, licensed or intended for use in the design, construction, operation or maintenance of any nuclear facility. Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
3. LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided "AS IS". Your exclusive remedy and Sun's entire liability under this limited warranty will be at Sun's option to replace Software media or refund the fee paid for Software.
4. DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
5. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
6. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
7. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
8. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
9. Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
11. Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
For inquiries please contact: Sun Microsystems, Inc. 901 San Antonio Road, Palo Alto, California 94303
1. License to Distribute. Subject to the terms and conditions of this Agreement, including, but not limited to, Section 2 (Redistributables) and Section 3 (Java Technology Restrictions) of these Supplemental Terms, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute the Software in binary code form only, provided that you (i) distribute the Software complete and unmodified, only as part of, and for the sole purpose of running your Java applet or application ("Program") into which the Software is incorporated, (ii) do not distribute additional software intended to replace any component(s) of the Software, (iii) do not remove or alter any proprietary legends or notices contained in the Software, (iv) only distribute the Program subject to a license agreement that protects Sun's interests consistent with the terms contained in this Agreement, and (v) agree to defend and indemnify Sun and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
2. Redistributables. In addition to the license granted in Paragraph 1 above, Sun grants you a non-exclusive, non-transferable, limited license to reproduce and distribute, only as part of Software, those files specifically identified as redistributable in the Software "README" file (the "Redistributables") provided that: (a) you distribute the Redistributables complete and unmodified (unless otherwise specified in the applicable README file), and only bundled as part of the JavaTM applets and applications that you develop (the "Programs:); (b) you do not distribute additional software intended to supersede any component(s) of the Redistributables; (c) you do not remove or alter any proprietary legends or notices contained in or on the Redistributables; (d) you only distribute the Redistributables pursuant to a license agreement that protects Sun's interests consistent with the terms contained in the Agreement; and (e) you agree to defend and indemnify Sun and its licensor's from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use or distribution of any and all Programs and/or Software.
3. Java Technology Restrictions. You may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java" package or any subpackages of the "java" package), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI. In the event that you create an additional class and associated API(s) which (i) extends the functionality of a Java platform, and (ii) is exposed to third party software developers for the purpose of developing additional software which invokes such additional API, you must promptly publish broadly an accurate specification for such API for free use by all developers. You may not create, or authorize your licensees to create additional classes, interfaces, or subpackages that are in any way identified as "java", "javax", "sun" or similar convention as specified by Sun in any class file naming convention.
4. Trademarks and Logos. You acknowledge and agree as between you and Sun that Sun owns the Java trademark and all Java-related trademarks, service marks, logos and other brand designations including the Coffee Cup logo and Duke logo ("Java Marks"), and you agree to comply with the Sun Trademark and Logo Usage Requirements currently located at http://www.sun.com/policies/trademarks. Any use you make of the Java Marks inures to Sun's benefit.
5. Source Code. Software may contain source code that is provided solely for reference purposes pursuant to the terms of this Agreement. Source code may not be redistributed.
6. Termination. Sun may terminate this Agreement immediately should any Software become, or in Sun's opinion be likely to become, the subject of a claim of infringement of a patent, trade secret, copyright or other intellectual property right.
| ObjectStore PSE Pro |
TERMS AND CONDITIONS
I. GRANT OF LICENSE
You are hereby granted the temporary right to use the Programs for evaluation purposes on a single workstation or in a local area network including not more than four workstations and one server. You may use the Programs only for evaluation and testing and not for general production use. You must enter into an eXcelon Corporation Software License and Services Agreement to obtain the right to use the Programs in general production if and when such software programs become commercially available. You may copy the Programs for backup purposes only. Copyright and other restricted rights notices must be reproduced on all such copies. The rights granted herein are personal, nontransferable and nonassignable.
II. TERM AND TERMINATION
The license grant provided in Section I shall be for a trial period not to exceed 90 days (the "Trial Period"). At the end of the Trial Period, you will discontinue all use of the Programs, return all media to eXcelon Corporation, and provide eXcelon Corporation with certification that all copies of the Programs, whether partial or complete, have been returned to eXcelon Corporation and/or deleted from the storage media. Prior to returning programs to eXcelon Corporation, You shall acquire a return authorization number from eXcelon Corporation at (781) 674-5000.
III. EXCLUSION OF WARRANTY; LIMITATIONS OF LIABILITY
You recognizes that the Programs consist of a test version or versions of one or more Programs prepared and released solely for experimental use, and that the Programs may have defects or deficiencies which cannot or will not be corrected by eXcelon Corporation. EXCELON CORPORATION IS DELIVERING THE PROGRAM(S) TO YOU "AS IS," AND EXCELON CORPORATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. EXCELON CORPORATION SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, COVER, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF ANTICIPATED PROFIT), ARISING FROM ANY CAUSE UNDER OR RELATED TO THIS AGREEMENT. In no event shall eXcelon Corporation's liability for any damages hereunder exceed the amounts received by eXcelon Corporation as a result of this transaction.
IV. PROTECTION OF PROGRAMS; CONFIDENTIAL INFORMATION
By virtue of this Agreement, eXcelon Corporation and you may have access to information that is confidential to one another ("Confidential Information"). Confidential Information shall be limited to the Programs and all information clearly marked as confidential.
A party's Confidential Information shall not include information which: (a) is or becomes a part of the public domain through no act or omission of the other party; or (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; or (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; or (d) is independently developed by the other party. Results of benchmark tests run by you may not be disclosed unless eXcelon Corporation consents to such disclosure in writing.
eXcelon Corporation and you agree, both during the term of this Agreement and for a period of three (3) years after termination of this Agreement and of all licenses granted hereunder, to hold each other's Confidential Information in confidence. eXcelon Corporation and you agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of this Agreement. Each party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the provisions of this Agreement.
You shall limit access to the Programs to its employees and agents whose responsibilities require such access, and you shall adopt reasonable measures to assure that its employees and agents will make no disclosure of the Programs to other persons or legal entities. You agree to treat the Programs as a valuable asset of eXcelon Corporation and you agree that the Program code shall not be used for any purpose other than to assist in the normal use of the Programs as defined in the documentation. In particular, but without limitation, you agree you will not decompile, disassemble, or attempt in any way to reverse engineer the Program or to develop a competing product based on the Programs.
You shall use reasonable efforts to report bugs in the Programs to eXcelon Corporation and, at eXcelon Corporation's request, shall use reasonable efforts to assist eXcelon Corporation in duplicating and identifying said bugs.
You hereby acknowledges that eXcelon Corporation retains all title, copyright, patents, and other proprietary information rights in and to the Programs. Further, any modifications, extensions, simplifications, or enhancements to the Programs suggested, conceived of, designed, prototyped or implemented by eXcelon Corporation or you in the Beta test period shall become the exclusive property of eXcelon Corporation. eXcelon Corporation shall have the sole and exclusive right to register copyright of such materials in its own name in any and all countries, to obtain renewals, and to manufacture, reproduce, publish, distribute and sell the same.
V. ENTIRE AGREEMENT
This Agreement constitutes the complete agreement between you and eXcelon Corporation and supersedes all previous agreements or representations, written or oral, with respect to the Programs specified herein. This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party.
It is expressly agreed that any terms and conditions of your purchase order shall be superseded by the terms and conditions of this Agreement. This Agreement shall also supersede the terms of any unsigned license agreement included in a package for eXcelon Corporation-furnished software.
Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement. The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts, without reference to its choice of law provisions, and shall be deemed to be executed under seal in Burlington, Massachusetts.