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- Software License Agreement and Limited Warranty
- Please read this License Carefully. This is a legal agreement between the end
- user ("Licensee") and ServerObjects Inc. The enclosed software and documentation
- are licensed by ServerObjects Inc to the original individual customer for use
- only on the terms described in this License Agreement (this "License"). Opening
- the enclosed diskette envelope and/or using the Software indicates that the end
- user accepts and agrees to comply with these terms. If there is any
- disagreement on these terms, (a) the software may be returned in the unopened
- diskette envelope to the place where it was obtained, or (b) write to
- ServerObjects Inc. with a request to modify any term of this License.
- Please allow 6 weeks for a response.
-
- 1. LICENSES.
- (a) ServerObjects Inc hereby grants to Licensee a worldwide, non-exclusive,
- nontransferable, license (without the ability to sublicense) to (i) use
- this product ON A SINGLE CPU and make one copy of the Software in
- machine-readable form for backup purposes.
-
- (b) ServerObjects Inc retains title to the Software in all forms whatsoever.
-
- (c) All rights not expressly granted herein are reserved by ServerObjects Inc.
-
- 2. LICENSE FEES.
- This license shall have no force or effect unless and until Licensee shall have
- submitted to ServerObjects Inc all applicable license fees in full. All such fees
- are exclusive of any taxes, duties, licenses, fees, excises or tariffs now or
- hereafter imposed on Licensee's production, licensing, sale, transportation,
- import, export or use of the Software or Licensee Programs, all of which shall
- be the responsibility of Licensee, other than taxes attributable to
- ServerObjects Inc. net income.
-
- 3. LIMITED WARRANTY.
- (a) ServerObjects Inc warrants that for one (1) year following delivery of the
- Software to Licensee, the Software, unless modified in any way by Licensee,
- will perform substantially the functions described in any associated product
- documentation provided by ServerObjects Inc. ServerObjects Inc does not warrant that
- the Software will meet Licensee's specific requirements or that operation of
- the Software will be uninterrupted or error-free. ServerObjects Inc is not
- responsible for any problem, including any problem which would otherwise be
- a breach of warranty, caused by (i) changes in the operating characteristics
- of computer hardware or computer operating systems, (ii) interaction of the
- Software with software not supplied or approved by ServerObjects Inc, or (iii)
- accident, abuse, or misapplication.
-
- (b) ServerObjects Inc's entire liability and Licensee's sole remedy under the
- foregoing warranty during the warranty period is that ServerObjects Inc shall,
- at its sole and exclusive option, either use reasonable efforts to correct
- any reported deviation from the relevant product documentation, replace the
- Software with a functionally equivalent program, or refund all license fees
- paid, in which case, this License shall immediately terminate. Any repaired
- or replaced Software will be rewarranted for an additional ninety (90) day
- period, unless subsequently modified by Licensee.
-
- (c) THE ABOVE WARRANTIES ARE EXCLUSIVE AND NO OTHER WARRANTIES ARE MADE BY
- ServerObjects Inc OR ITS LICENSORS, WHETHER EXPRESSED OR IMPLIED, INCLUDING
- THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
- OR NONINFRINGEMENT.
-
- (d) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
- EXCLUSION MAY NOT APPLY. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN
- DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY OF THE SOFTWARE. THIS
- WARRANTY GIVES THE END USER SPECIFIC LEGAL RIGHTS. THE END USER MAY HAVE OTHER
- RIGHTS, WHICH VARY FROM STATE TO STATE.
-
- 4. LIMITATION OF LIABILITY.
- UNDER NO CIRCUMSTANCES SHALL ServerObjects Inc BE LIABLE FOR ANY INCIDENTAL,
- SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ServerObjects Inc HAS BEEN ADVISED
- OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION
- OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE
- ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
-
- In no event shall ServerObjects Inc's total liability to Licensee for all damages,
- losses, and causes of action (whether in contract, tort (including negligence)
- or otherwise) exceed the amount paid by Licensee for the Software.
-
- 5. BREACH AND TERMINATION.
- (a) This License is effective until terminated. This License may be
- terminated by the non-defaulting party if either party materially fails to
- perform or comply with this License or any provision hereof.
-
- (b) Termination due to a breach of Section 6 shall be effective upon notice.
- In all other cases termination shall be effective thirty (30) days after
- notice of termination to the defaulting party if the defaults have not
- been cured within such thirty (30) day period. The rights and remedies of
- the parties provided herein shall not be exclusive and are in addition to
- any other rights and remedies provided by law or this Agreement.
-
- (c) Upon termination of this Agreement, all rights and licenses granted
- hereunder shall immediately terminate and all Software and other Proprietary
- Information of ServerObjects Inc in the possession of Licensee or under its control,
- shall be immediately returned to ServerObjects Inc. End user licenses properly
- granted pursuant to this Agreement and prior to termination of this Agreement
- shall not be diminished or abridged by the termination of this Agreement.
-
- 6. GOVERNING LAW.
- The rights and obligations under this Agreement shall be governed by the laws
- of the State of Texas excluding its conflicts of law rules and United States
- law and international treaties governing copyrights.
-
- 7. GOVERNMENT END USERS.
- (a) If this Software is acquired by or on behalf of a unit or agency of the
- United States Government through Licensee, Licensee hereby undertakes to
- insert in its contract with the Government the appropriate restricted rights
- language.
-
- (b) If this Software is acquired by or on behalf of a unit or agency of the
- United States Government directly from ServerObjects Inc, this provision applies.
- This Software: (i) was developed at private expense, and no part of it was
- developed with government funds; (ii) is a trade secret of ServerObjects Inc for
- all purposes of the Freedom of Information Act; (iii) is "commercial computer
- software" subject to limited utilization as provided in the contract between
- vendor and the government entity; and (iv) in all respects is proprietary data
- belonging solely to ServerObjects Inc.
-
- (c) For units of the Department of Defense (DOD), this Software is sold only
- with "Restricted Rights" as that term is defined in the DOD Supplement to
- the Federal Acquisition Regulations ("DFARS") 52.227-7013 (c)(1)(ii) and
- use, duplication or disclosure is subject to restrictions as set forth in
- subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software
- clause of DFARS 52.227-7013. Manufacturer: ServerObjects Inc
-