Symantec Visual Cafe for Java 2.5/symantec-visual-cafe-2.5-database-dev-edition.iso/Extras/ODesign/SetupPSE.exe/_ISTMP0.DIR/LICENSE.PSE

Text File | 1997-04-22 | 8.2 KB | 196 lines

OBJECT DESIGN LICENSE AGREEMENT


YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS
BEFORE DOWNLOADING OR USING THESE COMPUTER SOFTWARE PROGRAMS
AND DOCUMENTATION.  OBJECT DESIGN, INC. IS ONLY WILLING TO
PROVIDE THESE COMPUTER SOFTWARE PROGRAMS AND THE ACCOMPANYING
DOCUMENTATION TO YOU UNDER THESE TERMS AND CONDITIONS.  ANY
USE OF THE DOWNLOADED MATERIALS WILL SIGNIFY YOUR AGREEMENT
TO BE BOUND BY THESE TERMS AND CONDITIONS.  IF YOU DO NOT
UNDERSTAND ANY OF THE PROVISIONS OF THIS AGREEMENT, YOU MAY
REQUEST A WRITTEN EXPLANATION FROM OBJECT DESIGN. IF YOU DO
NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT PROCEED.

1.    DEFINITIONS

Object Design:
 Object Design, Inc.,
 25 Mall Road,
 Burlington,
 Massachusetts 01803

PSE Development Product: All computer software programs and
documentation included in the PSE product.

PSE Runtime Product: Any one or any combination of the
following files: pse.zip, PSEinst*.cab, any COM.odi.*.class
file.

Development Product: The PSE Development Product.

Runtime Product: The PSE Runtime Product.

Product:  The Development Product and the Runtime Product together.

2. LICENSE GRANTS

(a) Object Design grants to you a non-exclusive license to
use the Product in accordance with this agreement.

(b) You may install the Development Product on a single
computer and allow one user at a time to operate it.

(c) You may reproduce and distribute the Runtime Product only
if it is embedded in a software application and provided that
the software application is not in whole or in part a
functional equivalent of the Development Product.

(d) You may not compile against the Runtime Product and/or
use the Runtime Product to do a compilation which causes any
of the Runtime Product to be imported.

3. OWNERSHIP OF THE PRODUCT; RESTRICTIONS ON USE

Object Design (or its licensors) owns and will retain all
copyright, trademark, trade secret and other proprietary
rights in and to the Product.  You obtain only such rights as
are specifically provided in this agreement.  You understand
and agree as follows:

(a) You may NOT make any copies of all or any part of the
Product except for archival purposes or as allowed by Section
2(c).

(b) The Product contains copyrighted material, trade secrets
and other proprietary information and you may not decompile,
disassemble, reverse engineer or otherwise reduce the
software components of the Product to a human readable form.

(c) You may NOT remove from any part of the Product any
notice of proprietary rights or any disclaimer.

(d) You may NOT sell, license, sub-license, rent or otherwise
transfer the Development Product or your license to it
without the written permission of Object Design.

(e) You may NOT modify the Product or create derivative works
based on it in whole or in part, except as expressly
permitted in this agreement.

(f) You may NOT disclose or permit others to have access to
the Development Product or any results of benchmark tests of
the Product unless Object Design consents to such disclosure
in writing.

4. TERM

The term of your license will continue until the license is
terminated.  Object Design may terminate your license if
Object Design gives written notice to you specifying any
failure or default in the performance of any provisions of
this license and you fail to cure said failure or default to
the satisfaction of Object Design within ten days after such
notice.  Upon the termination of your license for any reason,
you will promptly return to Object Design or destroy all
copies of the Product covered by the license.

5. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE

You are responsible for the supervision, management and
control of the use of the Product, and output of the Product,
including, but not limited to: (1) selection of the Product
to achieve your intended results; (2) determining the
appropriate uses of the Product in your business; (3)
establishing adequate independent procedures for testing the
accuracy of the Product; and (4) establishing adequate backup
to prevent the loss of data in the event of a Product
malfunction.

6. DISCLAIMER OF WARRANTY

THE PRODUCT IS PROVIDE "AS-IS", AND OBJECT DESIGN MAKES NO
WARRANTIES WHATSOEVER, EXPRESS, IMPLIED OR ARISING BY CUSTOM
OR TRADE USAGE, AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY
PARTICULAR PURPOSE.  NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY OBJECT DESIGN OR ITS AUTHORIZED REPRESENTATIVES
SHALL CREATE A WARRANTY.  OBJECT DESIGN SHALL NOT BE HELD
RESPONSIBLE FOR THE PERFORMANCE OF OR OUTPUT OBTAINED FROM
THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT
OF USE OF THE PRODUCT.

7. LIMITATIONS OF LIABILITY AND REMEDIES

THE LIABILITY OF OBJECT DESIGN AND ITS LICENSORS IN CONTRACT,
TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN
CONNECTION WITH THE PRODUCT OR ANY MATERIALS OR SERVICES
FURNISHED HEREUNDER SHALL NOT EXCEED THE LICENSE FEE, IF ANY,
YOU PAID FOR THE PRODUCT.  IN NO EVENT SHALL OBJECT DESIGN OR
ITS LICENSORS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL,
TORT (INCLUDING NEGLIGENCE) OR CONSEQUENTIAL DAMAGES
(INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF
DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR
IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCT
OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER OR FROM
OBJECT DESIGN'S PERFORMANCE OF SERVICES, EVEN IF OBJECT
DESIGN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.

8. TECHNICAL SUPPORT AND SERVICES

The Product is provided without technical support beyond the
information and services included in the documentation.  Any
software updates must be separately purchased.  Any technical
support services must be separately purchased.

9. U.S. GOVERNMENT RESTRICTED RIGHTS

(a) If you are a U.S. government agency, including, but not
limited to, the Department of Defense, you acknowledge that
(i) the Product was developed entirely at private expense,
(ii) the Product in all respects is proprietary data
belonging solely to Object Design, Inc. or its licensors,
(iii) the Product is not in the public domain, and (iv) the
Product is "commercial computer software" as defined in DFAR
252.227-7013 and "restricted computer software" as defined in
FAR 52.227-19.

(b) The Product is provided with "Restricted Rights."  Use,
duplication, or disclosure by the Government is subject to
restrictions as set forth in subparagraph (c)(1)(ii) of the
Rights in Technical Data and Computer Software clause at DFAR
252.227-7013 (48 CFR) or subparagraphs (c)(1) & (2) of the
Commercial Computer Software - Restricted Rights clause at
FAR 52.227-19.  Contractor/Manufacturer: Object Design, Inc.,
25 Mall Road, Burlington, Massachusetts 01803. Copyright
1996, 1997 Object Design, Inc.  All rights reserved.

10. GENERAL PROVISIONS

You may not export or re-export the Product without the
appropriate United States and foreign government licenses and
the written approval of Object Design.  The terms of this
Agreement shall be construed in accordance with the
substantive laws of The Commonwealth of Massachusetts, USA
without regard to its principles of conflict of law or the
U.N. Convention on Contracts for the International Sale of
Goods.  If for any reason a court of competent jurisdiction
finds any provision of this Agreement, or a portion thereof,
to be unenforceable, that provision of the Agreement shall be
enforced to the maximum extent permissible and the remainder
of this Agreement shall remain in full force and effect.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS.  YOU FURTHER AGREE THAT IT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND
OBJECT DESIGN AND SUPERSEDES ANY PROPOSAL, OR PRIOR
AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS
BETWEEN YOU AND OBJECT DESIGN RELATING TO THE PRODUCT;
PROVIDED, HOWEVER, THAT THIS AGREEMENT SHALL NOT SUPERSEDE
THE TERMS OF ANY SIGNED AGREEMENT BETWEEN YOU AND OBJECT
DESIGN RELATING TO THE PRODUCT.

PSE Java Download Rev. 11/19/96