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142 lines
6.4 KiB
142 lines
6.4 KiB
Product: Clover |
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License: Open Source License, 0.x, 1.x |
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Issued: Sun Mar 21 2004 19:35:10 CST |
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Expiry: Never |
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Key: 1f563517cde3c725a16bf24a1 |
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Name: Ben Alex |
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Org: Acegi Security System for Spring |
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Certificate: AAABu2+Ow8B7/zEbxOMqqKwwrdpP+a1COmJGHco7sCNLjHkHnajPF+dQW |
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ZRaPRjlLXY= |
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License Agreement: CLOVER VERSION 1 (ONE) SOFTWARE LICENSE AGREEMENT |
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1. Licenses and Software |
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Cortex eBusiness Pty Ltd, an Australian Proprietary Limited Company |
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("CENQUA") hereby grants to the purchaser (the "LICENSEE") a limited, |
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revocable, worldwide, non-exclusive, nontransferable, |
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non-sublicensable license to use the Clover version 1 (one) software |
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(the "Software"), including any minor upgrades thereof during the Term |
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(hereinafter defined) up to, but not including the next major version |
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of the Software. The licensee shall not, or knowingly allow others to, |
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reverse engineer, decompile, disassemble, modify, adapt, create |
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derivative works from or otherwise attempt to derive source code from |
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the Software provided. And, in accordance with the terms and |
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conditions of this Software License Agreement (the "Agreement"), the |
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Software shall be used solely by the licensed users in accordance with |
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the following edition specific conditions: |
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a) Server Edition |
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A Server Edition license entitles the Licensee to execute one instance |
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of Clover Server Edition on one (1) machine for the purposes of |
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instrumententing source code and generating reports. There are no |
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limitations on the use of the instrumented source code or generated |
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reports produced by Server Edition. |
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b) Workstation Edition |
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A Workstation Edition license entitles the licensee to use Clover |
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Workstation Edition on one (1) machine by one (1) individual end |
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user. Workstation Edition does not permit the generation of reports |
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for distribution. |
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c) Team Edition |
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A Team Edition license entitles the licensee to use Clover Team |
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edition on any number of machines solely by the licensed number of |
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users. Reports generated by Clover Team Edition are strictly for use |
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only by the licensed number of individual end users. |
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2. License Fee |
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In exchange for the License(s), the Licensee shall pay to Cenqua a |
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one-time, up front, non-refundable license fee. At the sole discretion |
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of Cenqua this fee will be waived for non-commercial |
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projects. Notwithstanding the Licensee's payment of the License Fee, |
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Cenqua reserves the right to terminate the License if Cenqua discovers |
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that the Licensee and/or the Licensee's use of the Software is in |
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breach of this Agreement. |
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3. Proprietary Rights |
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Cenqua will retain all right, title and interest in and to the |
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Software, all copies thereof, and Cenqua website(s), software, and |
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other intellectual property, including, but not limited to, ownership |
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of all copyrights, look and feel, trademark rights, design rights, |
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trade secret rights and any and all other intellectual property and |
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other proprietary rights therein. The Licensee will not directly or |
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indirectly obtain or attempt to obtain at any time, any right, title |
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or interest by registration or otherwise in or to the trademarks, |
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service marks, copyrights, trade names, symbols, logos or designations |
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or other intellectual property rights owned or used by Cenqua. All |
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technical manuals or other information provided by Cenqua to the |
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Licensee shall be the sole property of Cenqua. |
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4. Term and Termination |
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Subject to the other provisions hereof, this Agreement shall commence |
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upon the Licensee's opting into this Agreement and continue until the |
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Licensee discontinues use of the Software or the Agreement terminates |
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automatically upon the Licensee's breach of any term or condition of |
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this Agreement (the "Term"). Upon any such termination, the Licensee |
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will delete the Software immediately. |
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5. Copying & Transfer |
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The Licensee may copy the Software for back-up purposes only. The |
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Licensee may not assign or otherwise transfer the Software to any |
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third party. |
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6. Specific Disclaimer of Warranty and Limitation of Liability |
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THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. CENQUA |
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DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT |
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LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A |
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PARTICULAR PURPOSE. CENQUA WILL NOT BE LIABLE FOR ANY DAMAGES |
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ASSOCIATED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ORDINARY, |
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING |
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BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN |
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IF CENQUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
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7. Warranties and Representations |
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Indemnification. The Licensee warrants and represents that the |
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Licensee's actions with regard to the Software will be in compliance |
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with all applicable laws; and the Licensee will indemnify, defend, and |
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hold Cenqua harmless from and against any and all liabilities, |
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damages, losses, claims, costs, and expenses (including legal fees) |
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arising out of or resulting from the Licensee's failure to observe the |
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use restrictions set forth herein. |
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8. Governing Law |
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This Agreement shall be governed by the laws of New South Wales, |
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Australia. |
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9.Independent Contractors |
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Assignment: The parties are independent contractors with respect to |
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each other, and nothing in this Agreement shall be construed as |
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creating an employer-employee relationship, a partnership, agency |
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relationship or a joint venture between the parties. This Agreement is |
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not assignable or transferable by the Licensee. |
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10.Entire Agreement |
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This Agreement constitutes the entire agreement between the parties |
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concerning the Licensee's use of the Software. This Agreement |
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supersedes any prior verbal understanding between the parties and any |
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Licensee purchase order or other ordering document, regardless of |
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whether such document is received by Cenqua before or after execution |
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of this Agreement. This Agreement may be amended only in writing by |
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Cenqua.
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