Dolphin Smalltalk Development License

BY CLICKING ON THE "ACCEPT" BUTTON, YOU ARE CONSENTING TO BE BOUND BY, AND ARE BECOMING A PARTY, TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT CLICK THE "DO NOT ACCEPT" BUTTON AND DO NOT USE THIS SOFTWARE.

LICENSE IN A NUTSHELL.

The full license agreement follows. This paragraph contains the “spirit” of the agreement in an easy to read summary and is provided as a convenience to you. It does not form part of the agreement itself.

By agreeing to this license you are entitled to install and use Dolphin Smalltalk on any number of computers. You can use it to learn about, and develop software in, the Smalltalk language. You can distribute the software you create to others in source form only. You are not allowed to create and distribute executables or binary versions of your classes. Object Arts has separate products that may be purchased to grant these additional rights.

You may give copies of Dolphin to whomever you like but only in the form of the original installation program. We would like all users to register their copies of the product. Once again, you can contact Object Arts for additional rights if, for example you are a school and you want to equip your students without the need for each to register separately.

The full text of the license agreement follows and is available in the file, ‘License.rtf’ in the installation directory.

GRANT.

Object Arts Ltd. and Intuitive Systems Ltd. (the "Developers") hereby grant you a non-exclusive license to use the accompanying Dolphin Smalltalk Software Development System (the "Software") and the accompanying written materials (the "Documentation") for your individual use on any number of computers. 

SOFTWARE.

The Software comprises a number of components including, but not limited to, dynamic link libraries or DLLs (the "Virtual Machine") and files containing Smalltalk source code (the "Source"). 

•	You may make any number of backup copies of the Software for your individual use but the Software may not be copied or transferred to another person or entity except as expressly licensed herein.
•	You may transfer the Software to others only in the form of the existing, unmodified, Installation Program.
•	You may not transfer, rent, lease, modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works based on, the Virtual Machine.
•	You may not publish, translate, rent, lease, transfer, export or otherwise make available the Source code to any person or entity.

A number of additional licenses are available from the Developers to grant additional rights.

DOCUMENTATION.

You may not publish, translate, rent, lease, transfer, export or otherwise make available the online Documentation to any person or entity.

TITLE.

Title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain with the Developers. The Software is protected by the copyright laws of the United Kingdom and international copyright treaties.  

DISCLAIMER OF WARRANTY.

The Software and Documentation are provided on an "AS IS" basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software and Documentation is borne by you. Should the Software or Documentation prove defective, you and not the Developers assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of the agreement. 

SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL THE DEVELOPERS OR THEIR SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. 

IN NO EVENT WILL THE DEVELOPERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE DEVELOPERS' LIST PRICE FOR A LICENSE TO THE SOFTWARE, EVEN IF THE DEVELOPERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. 

THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. 
FURTHERMORE, SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

TERMINATION.

This license will terminate automatically if you fail to comply with the limitations described above.  On termination, you must destroy all copies of the Software and Documentation.

MISCELLANEOUS.

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior agreements and representations between them relating to the Software.