|
|
|
|
Software License Agreement
PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT ("AGREEMENT")
CAREFULLY BEFORE EITHER (I) COMPLETING THE ELECTRONIC ORDER OR DOWNLOAD
OF Agent Toolkit Java Edition Release ("LICENSED SOFTWARE")
FROM AN AUTHORIZED WEB SITE, OR (II) INSTALLING THE LICENSED SOFTWARE
FROM MEDIA THAT WAS DELIVERED AFTER BEING ORDERED BY YOU THROUGH
AN ALTERNATIVE ORDER PROCESS, AS APPLICABLE. YOU ACKNOWLEDGE THAT
YOU HAVE READ THIS AGREEMENT, HAVE UNDERSTOOD IT, AND AGREE TO BE
BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, EITHER (I) EXIT THE WEB SITE PAGE WITHOUT CONTINUING
THE ORDERING PROCESS, OR (II) RETURN THE PROVIDED UNUSED MEDIA AND
DOCUMENTATION WITHIN THIRTY (30) DAYS FROM THE DATE OF SHIPMENT
OF THE LICENSED SOFTWARE FOR A FULL REFUND OF YOUR PAYMENT, AS APPLICABLE.
- License Grant:
| 1.1 |
Development Use: AdventNet grants you a non-exclusive, non-transferable,
world-wide license to Use the Licensed Software, including
user documentation that you have downloaded from or received
on media provided by AdventNet, downloaded from AdventNet’s
website, including all updates provided through the AdventNet
subscribed support services, where applicable, on a single
computer, provided that such access and Use of the Licensed
Software is limited to one Named Developer for each license
granted by AdventNet. "Use" means storing, loading,
installing, executing or displaying the Licensed Software
for creating your developed application. |
| 1.2 |
Deployment Use: AdventNet grants you a non-exclusive,
worldwide license to sell, lease, license, market or otherwise
cause to be distributed your developed application containing
the Licensed Software only upon payment of the applicable
Runtime Fees as set forth in AdventNet's online store or as
quoted during an alternative order process. |
| 1.3 |
Third party products: The Licensed Software may contain
software which originated with third party vendors and without
limiting the general applicability of the other provisions
of this Agreement, you agree that (a) the title to any third
party software incorporated in the Licensed Software shall
remain with the third party which supplied the same; and (b)
where expressly notified by AdventNet, you shall obtain licenses
required to distribute such third party software along with
your developed application, from the third party vendor. |
- Restrictions on Use: In addition to all other terms
and conditions of this Agreement, you shall not:
| (i) |
install the Licensed Software on more than one computer
or permit the Use of Licensed Software by any person other
than the Named Developer |
| (ii) |
you shall not use the Licensed Software for developing more
than one named application |
| (iii) |
remove any copyright, trademark or other proprietary notices
from the Licensed Software or its copies; |
| (iv) |
make any copies except for one back-up or archival copy,
for temporary emergency purpose; |
| (v) |
rent, lease, sublicense or distribute the Licensed Software
or any portions except as part of your developed application; |
| (vi) |
modify or enhance the Licensed Software; |
| (vii) |
use the Licensed Software in a computer-based services business
or publicly display visual output of the Licensed Software
or use the Licensed Software for the benefit of any other
person or entity; |
| (viii) |
decompile or disassemble the Licensed Software. |
| (ix) |
allow any third parties to access, use or support the Licensed
Software. |
Support: AdventNet provides one-month free support along
with each license of the Licensed Software. If you wish to receive
AdventNet's Classic or Premium support terms (i) from the online
store - choose the appropriate option (ii) for alternative order
process - contact sales. AdventNet specifically excludes upgrades
from the support programs. Upgrade to the Licensed Software will
be provided upon payment of an Upgrade License Fee in accordance
with AdventNet's then current pricing policy. The terms of support
shall be as provided in Exhibit A. Ownership and Intellectual Property: AdventNet owns
all right, title and interest in and to the Licensed Software.
AdventNet expressly reserves all rights not granted to you herein.
The Licensed Software is only licensed and not sold to you by
AdventNet. Audit: AdventNet has the right to audit your Use of the
Licensed Software by providing at least seven (7) days prior written
notice of its intention to conduct such an audit at your facilities
during normal business hours Confidentiality: The Licensed Software contains proprietary
information of AdventNet that are protected by the laws of the
United States and you hereby agree to take all reasonable efforts
to maintain the confidentiality of the Licensed Software. You
agree to reasonably communicate the terms and conditions of this
Agreement to those persons employed by you who come into contact
with or access the Licensed Software, and to use reasonable efforts
to ensure their compliance with such terms and conditions, including
but not limited to, not knowingly permitting such persons to use
any portion of the Licensed Software for a purpose that is not
allowed under this Agreement. Warranty Disclaimer: AdventNet does not warrant that
the Licensed Software will be error-free. Except as provided herein,
the Licensed Software is furnished “as is” without warranty
of any kind, including the warranties of merchantability and fitness
for a particular purpose and without warranty as to the performance
or results you may obtain by using the Licensed Software. You
are solely responsible for determining the appropriateness of
using the Licensed Software and assume all risks associated with
the use of it, including but not limited to the risks of program
errors, damage to or loss of data, programs or equipment, and
unavailability or interruption of operations.
Because some jurisdictions do not allow for the exclusion
or limitation of implied warranties, the above exclusions or
limitations may not apply to you.
- Limitation of Liability: In no event will AdventNet be
liable to you or any third party for any special, incidental,
indirect, punitive or exemplary or consequential damages, or damages
for loss of business, loss of profits, business interruption,
or loss of business information arising out of the use or inability
to use the program or for any claim by any other party even if
AdventNet has been advised of the possibility of such damages.
AdventNet's entire liability with respect to its obligations under
this agreement or otherwise with respect to the Licensed Software
shall not exceed the amount of the named developer license fee
paid by you for the Licensed Software.
Because some jurisdictions do not allow the exclusion or limitation
of liability for incidental or consequential damages, the above
exclusions or limitations may not apply to you.
Termination: This Agreement is effective until terminated
by either party. You may terminate this Agreement at any time
by destroying or returning to AdventNet all copies of the Licensed
Software in your possession. AdventNet may terminate this Agreement
for any reason, including but not limited to your breach of any
of the terms of this Agreement. Upon termination, you shall destroy
or return to AdventNet all copies of the Licensed Software and
certify in writing that all know copies have been destroyed. All
provisions relating to confidentiality, proprietary rights, non-disclosure,
and limitation of liability shall survive the termination of this
Agreement. General: This Agreement shall be construed, interpreted
and governed by the laws of the State of California exclusive
of its conflicts of law provisions. This Agreement constitutes
the entire agreement between the parties, and supersedes all prior
communications, understandings or agreements between the parties.
Any waiver or modification of this Agreement shall only be effective
if it is in writing and signed by both parties hereto. If any
part of this Agreement is found invalid or unenforceable, the
remainder shall be interpreted so as to reasonable effect the
intention of the parties. You shall not export the Licensed Software
or the derived application except in compliance with United States
export regulations and applicable laws and regulations.
| Exhibit A - Support Terms |
| |
Classic Support |
Premium Support |
| Business Hours |
9 x 5 |
9 x 5 |
| Acknowledgement (email response) |
2 Business Days |
1 Business Day |
| Email Support |
 |
|
| Online Access (documentation, FAQs, release notes and white
papers) |
|
|
| Service Pack (cumulative collection of workarounds, patches and bug fixes) | |
|
| Minor Release (feature releases and service packs, indicated by a change
in the decimal) | |
|
| Telephone Support |  |
|
| Customer Patches (Fixes to severity 1 problems that do not have any acceptable
workaround) | |
|
| Customer Owner (designated technical contact person for all technical
issues and escalations) | |
|
| Upgrade (significant new features, additions to functionalities, indicated
by a change in the number to the left of the decimal) | |
|
|
|
|
|
|
|
|
