Installation, duplication, and use of this NeXT WebObjects software is governed by the NeXT Software License Agreement set forth below (the "Agreement"), to the maximum extent permitted by the law of your state of residence. If you reside outside the United States of America, some of the provisions below may not apply to you; refer to http://www.next.com/Legal/License_Agreements/WebObjects for license terms applicable in your country. Before installing, using, or duplicating WebObjects software, you should read the Agreement. If you do not agree with the terms and conditions of the Agreement, do not install, duplicate, or use WebObjects software. By installing WebObjects software, you accept the Agreement.
-----------------------
| THE LICENSE AGREEMENT |
-----------------------
Web Objects(TM) 1.0
Software License Agreement and Proprietary Rights Notices
IMPORTANT: Installation, duplication, and use of this NeXT WebObjects software is governed by the NeXT Software License Agreement set forth below (the "Agreement"), to the maximum extent permitted by the law of your state of residence. If you reside outside the United States of America, some of the provisions below may not apply to you; refer to [INSERT URL OF WEBOBJECTS LOCALIZED LICENSES PAGE HERE] for license terms applicable in your country. Before installing, using, or duplicating WebObjects software, you should read the Agreement. If you do not agree with the terms and conditions of the Agreement, do not install, duplicate, or use WebObjects software. By installing WebObjects software, you accept the Agreement.
AGREEMENT
1. NeXT SOFTWARE
This Agreement governs the use of the Beta release of WebObjects software and related documentation provided with this Agreement (the "NeXT Software"). "NeXT Software" also includes, and this Agreement also governs, any later release or update of the NeXT Software which NeXT Software, Inc. ("NeXT") makes generally available without additional charge to licensees of your release of the NeXT Software, and any copy of the NeXT Software made in accordance with this Agreement.
2. LICENSE GRANT AND LIMITATIONS
Subject to the limitations set forth below, NeXT grants to you a personal, non-exclusive license to:
• Download one copy of the NeXT Software from NeXT and install the NeXT Software on any number of server computers owned and/or operated by you as Internet servers which are of the type on which the NeXT Software is designed to operate ("Authorized Servers);
• Reproduce the NeXT Software to the extent required to install the NeXT software as permitted hereunder and, in addition, make one backup copy for archival purposes of the NeXT Software; and
• Access and use the NeXT Software installed on the Authorized Servers from any terminal, wireless device, workstation and computer which is part of a network that includes an Authorized Server.
You are licensed to use the NeXT Software to build applications for the World Wide Web, programming only in WebScript(TM) using only the components and functionality contained in the NeXT Software. You may not link in or dynamically load compiled code in such applications. You are not licensed to use the NeXT Software to communicate or interoperate with any copy of NeXT's Portable Distributed Objects(TM), D'OLE(TM), or Enterprise Objects Framework(TM) software that may be installed on an Authorized Server or on any computer that is part of a network that includes an Authorized Server, without a separate license available from NeXT. Except as expressly set forth in this Agreement, you agree not to use, copy, disseminate or permit access to the NeXT Software, or any portion thereof, in any form or medium.
3. TRANSFER
You agree not to sell, transfer or sublicense NeXT Software, or any copy or portion thereof, to any other person, except that you may assign your rights under this Agreement so long as (a) the assignee agrees in writing to be bound by the terms and conditions of this Agreement, and (b) you transfer all copies of NeXT Software to the assignee and cease all use of NeXT Software.
4. OWNERSHIP
NeXT Software contains software proprietary to NeXT and certain other software proprietary to third parties ("Third-Party Suppliers") and licensed to NeXT. Third-Party Suppliers are identified in the copyright notice on or in NeXT Software. As licensee, you own the media on which NeXT Software is recorded after downloading from NeXT, but NeXT and the Third-Party Suppliers retain title and ownership to NeXT Software recorded on the media and all copyright and other intellectual property rights therein. This license is not a sale of NeXT Software or any copy. You agree not to alter, decompile, disassemble, or reverse engineer NeXT Software.
5. PROPRIETARY NOTICES
You agree not to alter, remove, or obscure any copyright notices or other proprietary notices on and in NeXT Software. You agree to include on and in any copies of NeXT Software the same proprietary notices and other legends contained on and in NeXT Software as furnished to you by NeXT.
6. DISCLAIMER OF WARRANTIES
THE NeXT SOFTWARE IS BETA SOFTWARE WHICH MAY CONTAIN ERRORS AND HAS NOT UNDERGONE COMPLETE QUALIFICATION AND TESTING BY NEXT. IT IS FURNISHED ON AN "AS IS" BASIS AND IS UNSUPPORTED. TO THE MAXIMUM EXTENT PERMITTED BY LAW NEITHER NeXT NOR ANY THIRD-PARTY SUPPLIER MAKES ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OF IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION, MERCHANTABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE OF NeXT SOFTWARE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. NEITHER NeXT NOR ANY THIRD-PARTY SUPPLIER WARRANTS THAT NeXT SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT IT WILL OPERATE IN THE COMBINATIONS WHICH YOU MAY SELECT, OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE. NEITHER NeXT NOR ANY THIRD-PARTY SUPPLIER ASSUMES ANY LIABILITY REGARDING USE OF, OR ANY DEFECT IN, NeXT SOFTWARE. SHOULD NeXT SOFTWARE PROVE DEFECTIVE, YOU (AND NOT NeXT, ANY THIRD-PARTY SUPPLIER, DISTRIBUTOR, OR RETAILER) ASSUME THE ENTIRE COST OF SUCH DEFECT. NEITHER NeXT NOR ANY THIRD-PARTY SUPPLIER HAS ANY OBLIGATION TO PROVIDE MAINTENANCE SERVICES, UPDATE SERVICES, NOTICES OF LATENT DEFECTS, OR CORRECTION OF DEFECTS FOR NeXT SOFTWARE.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL NeXT OR THIRD-PARTY SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT THAT LIABILITY MAY NOT BE EXCLUDED UNDER ANY STATUTE, THE LIABILITY OF NeXT AND ANY THIRD-PARTY SUPPLIER FOR ANY LOSS OR DAMAGE SUFFERED BY YOU ARISING FROM NeXT SOFTWARE SHALL BE LIMITED TO, AT NeXT'S OPTION, THE REPAIR OR REPLACEMENT COST OF NeXT SOFTWARE.
9. EXPORT
You agree not to export or re-export NeXT Software, or any portion thereof, (i) without the appropriate United States or foreign government licenses and (ii) to any foreign country unless NeXT already directly sells or license NeXT Software to customers in that foreign country.
10. SEVERABILITY
If any provision of this Agreement is held invalid or unenforceable for any reason, such invalidity shall not affect the validity of the remaining provisions of this Agreement, and the parties will substitute for the invalid provision a valid provision which most closely approximates the intent and economic effect of the invalid provision.
11. TERM AND TERMINATION
This Agreement shall be effective beginning on the day you download the NeXT Software from NeXT and shall continue until terminated. Any failure by you to comply with any of the provisions of this Agreement will be a material breach of this Agreement and entitle NeXT to terminate this Agreement immediately. Upon termination, you are to immediately stop all use of NeXT Software and to return to NeXT or erase all copies of NeXT Software in any form (including copies contained in any mass storage device).
12. ENTIRE AGREEMENT
This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any prior agreements or understandings between the parties, whether written or oral, with respect hereto. No modification to this Agreement shall be of any force or effect unless made in writing signed by each party. You agree that you have not relied on any representation in entering into this Agreement other than those set out herein.
13. GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the laws of the State of California, U.S.A., excluding its choice of law rules.
14. NOTICE TO U.S. GOVERNMENT END USERS
If the NeXT Software is acquired by or on behalf of a unit or agency of the United States Government, the following provisions apply. The NeXT Software (a)is existing computer software and was developed exclusively at private expense, (b)is a trade secret of NeXT and Third-Party Suppliers for all purposes of the Freedom of Information Act, (c)is "commercial computer software" subject to limited utilization as expressly stated in this Agreement or as provided in the contract between the vendor and the governmental entity, (d)in all respects is proprietary data belonging solely to NeXT or Third-Party Suppliers, and (e)is unpublished and all rights are reserved under the copyright laws of the United States.
The NeXT Software is licensed only with "Restricted Rights" and use, reproduction or disclosure is subject to restrictions set forth in Alternate III(g)(3) of the Rights in Data - General clause at 52.227-14 (June 1987) and subparagraphs (a) through (d) of the Commercial Computer Software - Restricted Rights clause at 52.227-19 (June 1987) of the Federal Acquisition Regulations and their respective successors. For units of the Department of Defense (DoD), this NeXT Software is licensed only under the license customarily provided to the public as set forth above, as provided by Section 227.7203-3(b) , Defense Federal Acquisition Regulation Supplement (DFARS) (June 1995). This software has not been previously furnished to the government with greater rights than those provided hereunder. Use, duplication, or disclosure of any commercial technical data provided under this Agreement which is not commercial computer software is subject to restrictions as set forth in the Technical Data Commercial Items clause at DFARS 252.227-7015 (June 1995) and its successors. Contractor/manufacturer is NeXT Software, Inc., 900 Chesapeake Drive, Redwood City, CA 94063.
NOTICES: The WebObjects software is Copyright (c) 1996 NeXT Software, Inc. All rights reserved. NeXT, the NeXT cube logo, D'OLE, Enterprise Objects Framework, Portable Distributed Objects, WebObjects and WebScript are trademarks of NeXT Software, Inc. Patents pending.
