RedRock Technologies Software License Agreement and Limited Warranty
REDROCK TECHNOLOGIES LTD ("REDROCK") PROVIDES THIS PROGRAM AND LICENSES IT FOR USE BY MEANS OF SOFTWARE LICENSE. SPECIFICALLY REDROCK DOES NOT SELL ANY RIGHTS IN REDROCK SOFTWARE AND RETAINS ALL TITLE TO ALL REDROCK COMPUTER SOFTWARE. THIS PRODUCT IS PROVIDED UNDER THE FOLLOWING LICENSE WHICH DEFINES WHAT YOU MAY DO WITH THE PRODUCT AND CONTAINS LIMITATIONS ON WARRANTIES AND/OR REMEDIES.
RedRock Technologies Software License
IMPORTANT: CAREFULLY READ THIS LICENSE BEFORE USING THIS PRODUCT. INSTALLING, COPYING, OR OTHERWISE USING THIS PRODUCT INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AND AGREE TO ITS TERMS. IF YOU DO NOT AGREE, RETURN THE COMPLETE PRODUCT TO THE PLACE WHERE YOU PURCHASED IT WITHIN 10 DAYS OF THE DATE YOU ACQUIRED IT FOR A FULL REFUND.
A. LICENSE: REDROCK ("we" or "us") provides you with storage media containing a computer program (the "Program") which may also include "online" or electronic documentation, License (the "License"), and other printed materials (together called the "Product") and grants you a license to use the Product in accordance with the terms of this License. The copyright and all other rights to the Product shall remain with us or our suppliers. You must reproduce any copyright or other notice marked on the Product on all copies you make.
B. YOU MAY:
1. install and use one copy of the Product only on a single computer or network. This copy is to be used by only a single user at a time. If you wish to use the Product for more users, you will need an additional license for each user.
2. make one copy of the Product for archive or backup purposes.
3. use a copy of the Product on a home or portable computer if that copy is never loaded at the same time it is loaded on your primary computer.
4. transfer the Product to someone else only if you assign all of your rights under this License, cease all use of the Product, erase or destroy any copy (including the hard disk copy) made in support of your use of the Product, and ensure that the other person agrees to the terms of this License.
5. if you have purchased this Product as an upgrade of either a RedRock product or another supplierÆs product, you may continue to use your upgraded product with this Product. If you transfer this Product, you must either transfer the upgraded product or destroy the upgraded product. If the Product you have purchased is an upgrade of a RedRock product, you now may use that upgraded product only in accordance with this License.
C. YOU MAY NOT:
1. use the Product or make copies of it except as permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the Product except to the extent the foregoing restriction is expressly prohibited by applicable law.
3. rent, lease, assign, or transfer the Product except as set out in paragraph B above.
4. modify the Product or merge all or any part of the Product with another program.
D. TERM: This License shall continue for as long as you use the Product. However, it will terminate if you fail to comply with any of its terms or conditions. You must agree, upon termination, to destroy all copies of the Product. The Limitations of Warranties and Liability set out below shall continue in force even after any termination.
E. WARRANTY: WE WARRANT THAT THE STORAGE MEDIA IN THIS PRODUCT WILL BE FREE FROM DEFECT IN MATERIALS AND WORKMANSHIP FOR 90 DAYS FROM THE DATE YOU ACQUIRE IT. IF SUCH A DEFECT OCCURS, RETURN THE MEDIA TO US AT:
REDROCK TECHNOLOGIES LTD. NOBLE HOUSE, CAPITAL DRIVE, MILTON KEYNES MK14 6QP UNITED KINGDOM, AND WE WILL REPLACE IT FREE OF CHARGE. THIS REMEDY IS YOUR EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IT GIVES YOU CERTAIN RIGHTS AND YOU MAY HAVE OTHER LEGISLATED RIGHTS WHICH MAY VARY FROM JURISDICTION TO JURISDICTION.
F. LIMITATION OF WARRANTIES AND LIABILITY: EXCEPT FOR THE EXPRESS WARRANTY ABOVE, THE PRODUCT IS PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE PRODUCT IS ASSUMED BY YOU. NEITHER WE NOR OUR DEALERS OR SUPPLIERS SHALL HAVE ANY LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT, LOST OR DAMAGED DATA OR OTHER COMMERCIAL OR ECONOMIC LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR THEY ARE FORESEEABLE. WE ARE ALSO NOT RESPONSIBLE FOR CLAIMS BY A THIRD PARTY. OUR MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR DEALERS AND SUPPLIERS SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL BREACH. SOME ES/COUNTRIES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
G. GENERAL: This License is the entire agreement between us, superseding any other agreement or discussions, oral or written, and may not be changed except by a signed agreement. This License shall be governed by and construed in accordance with the laws of England. If any provision of this License is declared by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such a provision shall be severed from the License and the other provisions shall remain in full force and effect. The parties have requested that this Agreement and all documents contemplated hereby be drawn up in English.
FAXSTORM SDK LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY BEFORE INSTALLING THIS SOFTWARE. BY INSTALLING AND/OR USING THIS SOFTWARE, YOU ACKNOWLEDGE YOUR ACCEPTANCE TO THE TERMS AND CONDITIONS OF THE FOLLOWING LICENSE. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS STATED BELOW, DO NOT INSTALL THE SOFTWARE.
1. Software License. Subject to your compliance with the terms of this Agreement, NetCentric Corporation ("NetCentric") grants to you a personal, non-exclusive and non-transferable right to install and use FaxStorm SDK software (the "Software"). You may write and compile you own fax application programs or fax enable your existing application programs (collectively referred to hereafter as "Programs") using the Software, including any libraries and source code provided for such purpose. The Software shall be used solely to create or fax enable Programs which deliver faxes through the paid use of NetCentric FaxStorm services. If you are a licensed, registered user of this Software, you may use, reproduce, give away, or sell any Program, in executable form only, without additional license or fees, subject to all of the terms and conditions of this Agreement. In consideration for this License, you agree to include NetCentric's standard brand identifier on such Programs, related advertising and marketing materials.
2. Redistributable Components. The Software includes certain examples ("Redistributables") in a source code format which may be included in your Programs. If you are a licensed, registered user of this Software, you may reproduce and distribute exact copies of the Redistributables without additional license or fees. Copies of Redistributables may only be distributed with and for the sole purpose of executing Programs permitted under this Agreement. Under no circumstances may any copies of Redistributables be distributed separately. You may not reproduce or distribute the Software in whole or any component thereof without the prior written approval of NetCentric..
3. Software Update. From time to time, NetCentric may make modifications, enhancements, updates or upgrades of the Software ("Updates") available to you, either through its web site or other means. All such Updates shall be deemed to constitute "Software", and shall be subject to all restrictions and terms contained in this Agreement.
4. FaxStorm Service. All Programs shall be designed in a manner that requires each end-user to obtain an individual FaxStorm License and Service Agreement and establish an individual FaxStorm account prior to use. All Program documentation and marketing materials shall be marked with notification of such license requirement. If the Program is for your personal use or internal business purposes, you agree to use the FaxStorm Service in accordance with the terms and conditions of the FaxStorm License and Service Agreement.
5. Representations. You represent that the Software and all Programs will be used for lawful purposes only. You further represent that the use of the Software and Programs will be consistent with standard business practices and will not cause harmful or wrongful use of NetCentric's network operations. You agree to remain solely responsible to anyone receiving your Programs for support, service, upgrades, technical support or other assistance, and such recipients will have no right to contact NetCentric for such services or assistance.
6. Ownership. The Software (including all text, screen displays and code) and all rights therein, including copyright and patent rights, are owned by NetCentric or its suppliers. You will obtain no rights in the Software itself other than the license described above. You must not modify, reverse engineer, decompile, or disassemble the Software, except as expressly permitted by applicable laws. You must not obscure, delete, or alter any identification or proprietary notification or legend contained on or in the Software or its documentation or packaging. You agree to reproduce all copy right and other proprietary notices on all copies of the Software and documentation. You may not remove or alter any NetCentric copyright, trademark or other proprietary rights notice contained in any portion of NetCentric libraries, source code, Redistributables or other files that bear such a notice.
7. No Warranty. THE SOFTWARE IS BEING PROVIDED TO YOU "AS IS" AND "AS AVAILABLE". NETCENTRIC MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITH THE RESPECT TO THE SOFTWARE OR FAXSTORM SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR TITLE, OR ANY WARRANTY THAT THE SOFTWARE WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR SECURE MANNER.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE NETCENTRIC AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM THE SOFTWARE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT CONSEQUENTIAL AND EXEMPLARY DAMAGES FROM INJURY, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS, EVEN IF NETCENTRIC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification. Except for third party infringement claims regarding the Software, you hereby agree to indemnify, defend and hold harmless NetCentric and its directors, officers, employees and agents from any expenses or losses arising from any claims that any part of the Programs, products or services offered or provided by you infringes the copyright or other intellectual property rights of any third party or violates any applicable law or regulation.
9. Relationship of the Parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind NetCentric in any respect whatsoever. You are not authorized to bind NetCentric or waive any conditions of this Agreement without NetCentric's express written consent.
10. Term. This Agreement will remain in effect until terminated. You may terminate this Agreement at any time by destroying the Software and all copies or returning the same to NetCentric. NetCentric may terminate this Agreement at any time upon notice to you. The Agreement will be terminated immediately and automatically if you violate any provision of this Agreement.
11. Export Restrictions. The Software contains 40 bit data encryption. You shall not reexport or transfer, whether directly or indirectly, the Software or any Redistributables to anyone outside of the United States of America without first obtaining a license from the Untied States Department of Commerce or any other agency or department of the United States Government, as required.
12. General. The Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts, as if the Agreement was a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts. If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect.
NetCentricTM, FaxStormTM are registered trademarks of NetCentric Corporation.
