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- ALLAIRE CORPORATION SOFTWARE LICENSE AGREEMENT
- for
- JRUN Developer Edition, JRUN Professional Edition and
- JRUN Enterprise Edition software
-
- IMPORTANT NOTICE
-
- As part of the installation process, you will be asked to accept the
- terms of this agreement. You are not required to accept this agreement
- (but Allaire will license the software to you only if you accept the
- terms and conditions of this Agreement). However, unless you have
- entered into a separate written license agreement with Allaire
- Corporation providing otherwise, nothing else grants you permission to
- install, use, or copy the JRUN software. This agreement is a legal
- contract that specifies the terms of the license and warranty
- limitation between you and Allaire Corporation for the software and
- related materials. You should carefully read the following terms and
- conditions before installing or using the software. You expressly
- agree that any varying or additional terms contained in any purchase
- order or other written notification or document issued by you in
- relation to the software licensed hereunder shall be of no effect.
-
- UPON DOWNLOADING, INSTALLING OR USING ANY COPY OF THE SOFTWARE, YOU
- ARE CONFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
- OF THIS AGREEMENT.
-
- If you do not agree to these terms, promptly delete and destroy all
- copies of the software and related documentation in your possession.
- Upon your prompt certification to Allaire that you have not used the
- software and that you do not accept this license agreement and have
- deleted and destroyed all copies of the software and related
- documentation, your money will be refunded.
-
- 1. Editions and Versions of Software.
-
- The JRUN Professional Edition and the JRUN Enterprise Edition are
- available in commercial versions and an evaluation version. Each
- edition and version is subject to the terms and conditions of this
- Agreement. The commercial versions of the software require payment by
- you of a license fee. The JRUN Developer Edition and the evaluation
- versions of the JRUN Professional Edition and the JRUN Enterprise
- Edition are the only versions that are provided without
- charge. However, the evaluation versions are not free software and are
- subject to the restrictions of this Agreement.The following editions
- of Software are covered by and subject to the terms and conditions of
- this Agreement: (1) JRUN Developer Edition, (2) JRUN Professional
- Edition, and (3) JRUN Enterprise Edition.
-
- 2. License Grant.
-
- a. JRUN Evaluation Versions. The terms of this section (a) are
- applicable to you if you have registered as an Evaluation
- Customer for either the JRUN Professional or JRUN Enterprise
- Editions. Subject to the terms and conditions of this
- Agreement, Allaire grants to you a limited, non-exclusive,
- non-transferable, non-sublicenseable license to install on a
- single physical server or workstation and use the Evaluation
- Version of the Software in binary object code form in
- accordance with this Agreement solely for internal evaluation
- use for a period of sixty (60) days from the date of download
- or your receipt of the Software (the "Evaluation
- Period"). You may not: (i) disclose the results of
- software performance benchmarks to any third party without
- Allaire's prior written consent, (ii) re-distribute the
- Software in any manner without the prior written consent of
- Allaire, or (iii) copy the Software. Upon the expiration of
- the Evaluation Period you must stop using the Software. The
- evaluation versions may not be used for any commercial
- development or for any deployment or ultimate production
- purposes.
-
- b. JRUN Developer Edition. Subject to the terms and conditions
- of this Agreement, Allaire grants to you a limited,
- non-exclusive, non-transferable, non-sublicenseable license to
- install and use the JRUN Developer Edition of the Software in
- binary object code form in accordance with this Agreement
- solely to internally design, develop, test and evaluate
- applications. The number of copies you may make, install and
- use for such purposes is not limited. You may not
- re-distribute the Software in any manner without the prior
- written consent of Allaire.
-
- The JRUN Developer version may not be used for any commercial
- development, or for any deployment or ultimate production
- purposes. For such commercial use of the Software, you must
- obtain either a license to JRUN Professional Edition or to
- JRUN Enterprise Edition from Allaire.
-
- c. JRUN Professional Edition. Subject to the terms and
- conditions of this Agreement, Allaire grants to you a limited,
- non-exclusive, non-transferable, non-sublicenseable,
- fee-bearing license to install and use the JRUN Professional
- Edition of the Software only on the total number of CPUs which
- you have purchased for the purposes of development and
- evaluation of server-side applications and deployment of such
- server-side applications, provided that you may not develop an
- application having the same primary function as the Software.
-
- d. JRUN Enterprise Edition. Subject to the terms and
- conditions of this Agreement, Allaire grants to you a limited,
- non-exclusive, non-transferable, non-sublicenseable,
- fee-bearing license to install and use the JRUN Professional
- Edition of the Software only on the total number of CPUs which
- you have purchased for the purposes of development and
- evaluation of server-side applications and deployment of such
- server-side applications, provided that you may not develop an
- application having the same primary function as the Software.
- If you have received the ClusterCATS Software in connection
- with your license of the JRUN Enterprise Edition, your use of
- the ClusterCATS software shall be governed by the terms and
- conditions contained herein.
-
- e. All Editions/Versions. You may delete the Software from
- one computer or processor (as applicable) and reinstall it on
- another, but you may not install the Software on more than one
- computer processor at any given time without prior written
- permission of Allaire, except that you may use the Software on
- a network provided that each person accessing the Software is
- properly licensed to use the Software. You may make one
- backup copy for archival purposes only provided that the copy
- contains all proprietary notices. From time to time, Allaire
- may, but shall not be obligated to, make available through its
- web site certain incremental maintenance releases.
-
- 3. Restrictions.
-
- a. A license for commercial deployment grants no rights to
- copy or distribute the Software in any manner. Any commercial
- distribution of the Software requires that you enter into a
- separate OEM, reseller or distributor agreement with Allaire.
-
- b. You agree not to redistribute the Software in any form,
- manner, medium or channel, either in stand-alone form, or
- bundled or integrated with any software or hardware product.
-
- c. You agree not to modify the Software or attempt to
- decipher, decompile, disassemble or reverse engineer the
- Software, except to the extent applicable laws specifically
- prohibit such restriction.
-
- d. You may not remove any proprietary notices or labels on the
- Software. Except as expressly allowed in Section 2, you may
- not reproduce, rent, lease or in any other manner redistribute
- the Software, or any portion thereof, without the prior
- written consent of Allaire The Documentation is also protected
- by copyright law and may not be copied, distributed, or
- reproduced in whole or in part without the prior written
- consent of Allaire
-
- e. You may not download or install or otherwise export or
- re-export the Software or any underlying information or
- technology except in full compliance with all United States
- and other applicable laws and regulations.
-
- 4. Intellectual Property Rights.
-
- You acknowledge and agree that as between the parties, Allaire
- shall retain all title, ownership rights, and intellectual
- property rights including but not limited to patent,
- copyright, trademark and trade secret rights in and to the
- Software. All product names, designs and logos associated with
- the Software are trademarks of Allaire. Title, ownership
- rights, and intellectual property rights in and to the content
- accessed through the Software is the property of the
- applicable content owner and is protected by applicable
- copyright or other law. This License gives you no rights to
- such content. Except as expressly granted in Section 2 above,
- no licenses are granted to you.
-
- 5. Warranty.
-
- a. JRUN Evaluation Versions and JRUN Developer
- Edition. ALLAIRE PROVIDES NO REMEDIES OR WARRANTIES, WHETHER
- EXPRESS OR IMPLIED, FOR THE EVALUATION VERSION OR THE
- DEVELOPER EDITION. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING
- THE EVALUATION VERSION ARE PROVIDED "AS IS."
-
- b. JRUN Professional Edition and JRUN Enterprise
- Edition. Allaire warrants that the physical media and the
- documentation will be free from defects in materials and
- workmanship under normal use for 90 days from the date of
- delivery to you. Allaire also warrants that these editions
- will be free from significant defects that prevent the
- software from performing substantially in the manner described
- in the applicable user manual for a period of 90 days from the
- date of delivery to you. At Allaire's option, provided that
- any non-compliance with the above warranty is reported in
- writing to Allaire no more than ninety (90) days following
- delivery to you, Allaire will (i) replace defective media or
- documentation, as the case may be, (ii) use reasonable efforts
- to correct significant defects in the Software without charge,
- or (iii) refund the licensee fee paid to Allaire for the
- applicable copy of the Software in exchange for termination of
- all licenses granted to you for such copy. Any replacement
- Software will be warranted for the remainder of the original
- warranty period or 30 days, whichever is longer. THESE
- REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU
- FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO
- THE SOFTWARE AND RELATED DOCUMENTATION.
-
- c. All Editions. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL
- OTHER WARRANTIES, REPRESENTATIONS, PROMISES OR GUARANTEES,
- EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT
- LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY
- OR FITNESS FOR A PARTICULAR PURPOSE AND ALLAIRE EXPRESSLY
- DISCLAIMS ANY SUCH WARRANTIES. By way of example, without
- limitation, Allaire provides no warranties of any kind to any
- end-users accessing or otherwise using applications developed
- or otherwise obtained by you. NO RIGHTS OR REMEDIES REFERRED
- TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS
- EXPRESSLY GRANTED HEREIN.
-
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
- WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO
- YOU. IN SUCH CASE, ALLAIRE'S LIABILITIES SHALL BE LIMITED BY
- THE PROVISION BELOW ENTITLED LIMITATION ON LIABILITY.
-
- The warranties do not cover damage or defects caused by or
- related to misuse, modification, accident, negligence or
- misapplication. Any such misuse, modification or
- misapplication of the software will void this warranty.
- Because programs such as this are inherently complex, Allaire
- does not warrant that the Software is error-free or will
- operate without interruption. Furthermore, Allaire does not
- warrant that the Software will work with any given database,
- network or network application.
-
- The Software is not designed or licensed for use in hazardous
- environments requiring fail-safe controls, including without
- limitation operation of nuclear facilities, aircraft
- navigation or communication systems, air traffic control, and
- life support or weapons systems. Allaire specifically
- disclaims any express or implied warranty of fitness for such
- purposes.
-
- You acknowledge that due to the complexity of the Software, it
- is possible that use of the Software could lead to the
- unintentional loss or corruption of data. You assume all
- risks of such data loss or corruption; the warranties provided
- in this Agreement do not cover any damages or losses resulting
- from data loss or corruption.
-
- 6. Limitation of Liability
-
- IN NO CASE SHALL ALLAIRE BE LIABLE FOR ANY INDIRECT,
- INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES
- OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE
- INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH
- DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED
- WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR
- ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF ALLAIRE IS
- ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL
- ALLAIRE'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE
- ACTUALLY PAID BY YOU TO ALLAIRE. This limitation on
- liability, and the disclaimers of warranties contained in the
- previous section, inure to the benefit of Allaire's
- licensors.
-
- This limitation on liability, and the disclaimers of
- warranties contained in the previous section, inure to the
- benefit of Allaire's licensors.
-
- 7. Termination
-
- If you have acquired an evaluation version, the license
- granted herein shall automatically terminate upon sixty (60)
- days after you first install such version. Subsequent
- downloads, installations or use of the evaluation version by
- or for you will not extend, renew, or otherwise restart the
- term of the license. For the commercial versions of the
- Software, this agreement is effective until terminated. You
- may terminate this Agreement at any time by destroying the
- Software and all backup copies thereof. This Agreement will
- terminate immediately without notice from Allaire if you fail
- to comply with any provision of this Agreement. Upon
- termination you must destroy the Software and all backup
- copies thereof. Termination is not Allaire's sole remedy
- under this Agreement, and, whether or not termination is
- effected, all other remedies, legal and equitable, shall
- remain available to Allaire.
-
- 8. General
-
- The internal laws of the Commonwealth of Massachusetts shall
- control this Agreement if you are located anywhere other than
- Canada. The internal laws of the Province of Ontario shall
- control if you are located in Canada. In each case this
- Agreement shall be construed and enforced without regard to
- the United Nations Convention on the International Sale of
- Goods and will be deemed a contract under seal.
-
- This Agreement is the complete agreement between you and
- Allaire concerning the Software and Documentation and
- supersedes all proposals, oral or written, all negotiations,
- conversations or discussions between or among the parties
- relating to the subject matter of this Agreement and all past
- dealing or industry custom. It is expressly agreed that any
- varying or additional terms contained in any purchase order or
- other written notification issued by you in relation to the
- software licensed hereunder shall be of no effect. The failure
- or delay of Allaire to exercise any of its rights under this
- Agreement or upon any breach of this Agreement shall not be
- deemed a waiver of those rights or of the breach.
-
-
- No Allaire dealer, agent or employee is authorized to make any
- amendment to this Agreement. If any provision of this
- Agreement shall be held by a court of competent jurisdiction
- to be contrary to law, that provision will be enforced to the
- maximum extent permissible, and the remaining provisions of
- this Agreement will remain in full force and effect. You may
- not assign this Agreement or any rights hereunder. The
- provisions of Sections 4, 6 and 7 shall survive termination of
- this Agreement.
-
- If you have any questions concerning this Agreement or the
- software or related documentation, you may contact Allaire's
- customer service at www.allaire.com.
-
-
- Copyright (c) 2000. Allaire Corporation. All Rights Reserved.
-
- Other product and company names appearing in Allaire products and
- materials are used for identification purposes only and may be
- trademarks or registered trademarks of their respective
- companies. Registered and unregistered trademarks used in any Allaire
- products and materials are the exclusive property of their respective
- owners.
-
-