165 lines
7.4 KiB
Plaintext
165 lines
7.4 KiB
Plaintext
Product: Clover
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License: Open Source License, 0.x, 1.x
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Issued: Thu Oct 21 2004 21:27:21 CDT
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Expiry: Never
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Key: 7e1c2ed27ee858f42adedd953
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Name: Stefan Reuter
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Org: asterisk-java
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Certificate: AAABsm+Ow8B7/zEbxOMqqKwwrdpP+a1COmJGHco7sCNLjHkHnajPF+dQW
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SP8Hrnh8VSFASymIfLGF/6v+wzRsoiAyO3MlQPDajIsCnmFIFanUVG453AmktJwxbKU0=
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License Agreement: CLOVER VERSION 1 (ONE) SOFTWARE LICENSE AGREEMENT
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1. Licenses and Software
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Cortex eBusiness Pty Ltd, an Australian Proprietary Limited Company
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("CENQUA") hereby grants to the purchaser (the "LICENSEE") a limited,
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revocable, worldwide, non-exclusive, non-transferable,
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non-sublicensable license to use the Clover version 1 (one) software
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(the "Software"), including any minor upgrades thereof during the Term
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(hereinafter defined) up to, but not including the next major version
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of the Software. The licensee shall not, or knowingly allow others to,
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reverse engineer, decompile, disassemble, modify, adapt, create
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derivative works from or otherwise attempt to derive source code from
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the Software provided. And, in accordance with the terms and
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conditions of this Software License Agreement (the "Agreement"), the
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Software shall be used solely by the licensed users in accordance with
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the following edition specific conditions:
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a) Server Edition
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A Server Edition license entitles the Licensee to execute one instance
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of Clover Server Edition on one (1) machine for the purposes of
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instrumenting source code and generating reports. There are no
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limitations on the use of the instrumented source code or generated
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reports produced by Server Edition.
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b) Workstation Edition
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A Workstation Edition license entitles the licensee to use Clover
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Workstation Edition on one (1) machine by one (1) individual end
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user. Workstation Edition does not permit the generation of reports
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for distribution.
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c) Team Edition
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A Team Edition license entitles the licensee to use Clover Team
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edition on any number of machines solely by the licensed number of
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users. Reports generated by Clover Team Edition are strictly for use
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only by the licensed number of individual end users.
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2. License Fee
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In exchange for the License(s), the Licensee shall pay to Cenqua a
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one-time, up front, non-refundable license fee. At the sole discretion
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of Cenqua this fee will be waived for non-commercial
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projects. Notwithstanding the Licensee's payment of the License Fee,
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Cenqua reserves the right to terminate the License if Cenqua discovers
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that the Licensee and/or the Licensee's use of the Software is in
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breach of this Agreement.
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3. Proprietary Rights
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Cenqua will retain all right, title and interest in and to the
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Software, all copies thereof, and Cenqua website(s), software, and
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other intellectual property, including, but not limited to, ownership
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of all copyrights, look and feel, trademark rights, design rights,
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trade secret rights and any and all other intellectual property and
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other proprietary rights therein. The Licensee will not directly or
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indirectly obtain or attempt to obtain at any time, any right, title
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or interest by registration or otherwise in or to the trademarks,
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service marks, copyrights, trade names, symbols, logos or designations
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or other intellectual property rights owned or used by Cenqua. All
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technical manuals or other information provided by Cenqua to the
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Licensee shall be the sole property of Cenqua.
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4. Term and Termination
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Subject to the other provisions hereof, this Agreement shall commence
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upon the Licensee's opting into this Agreement and continue until the
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Licensee discontinues use of the Software or the Agreement terminates
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automatically upon the Licensee's breach of any term or condition of
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this Agreement (the "Term"). Upon any such termination, the Licensee
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will delete the Software immediately.
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5. Copying & Transfer
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The Licensee may copy the Software for back-up purposes only. The
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Licensee may not assign or otherwise transfer the Software to any
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third party.
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6. Specific Disclaimer of Warranty and Limitation of Liability
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THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. CENQUA
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DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
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LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
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PARTICULAR PURPOSE. CENQUA WILL NOT BE LIABLE FOR ANY DAMAGES
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ASSOCIATED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ORDINARY,
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INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
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BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN
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IF CENQUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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7. Warranties and Representations
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Licensee Indemnification. CENQUA agrees to indemnify, defend and hold
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the Licensee harmless from and against any and all liabilities,
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damages, losses, claims, costs, and expenses (including reasonable
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legal fees) arising out of or resulting from the Software or the use
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thereof infringing upon, misappropriating or violating any patents,
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copyrights, trademarks, or trade secret rights or other proprietary
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rights of persons, firms or entities who are not parties to this
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Agreement.
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CENQUA Indemnification. The Licensee warrants and represents that the
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Licensee's actions with regard to the Software will be in compliance
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with all applicable laws; and the Licensee agrees to indemnify,
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defend, and hold CENQUA harmless from and against any and all
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liabilities, damages, losses, claims, costs, and expenses (including
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reasonable legal fees) arising out of or resulting from the
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Licensee's failure to observe the use restrictions set forth herein.
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8. Publicity
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The Licensee grants permission for CENQUA to use Licensee's name
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solely in customer lists. CENQUA shall not, without prior consent in
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writing, use the Licensee's name, or that of its affiliates, in any
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form with the specific exception of customer lists. CENQUA agrees to
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remove Licensee's name from any and all materials within 7 days if
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notified by the Licensee in writing.
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9. Governing Law
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This Agreement shall be governed by the laws of New South Wales,
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Australia.
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10. Independent Contractors
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The parties are independent contractors with respect to each other,
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and nothing in this Agreement shall be construed as creating an
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employer-employee relationship, a partnership, agency relationship or
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a joint venture between the parties.
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11. Assignment
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This Agreement is not assignable or transferable by the Licensee.
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CENQUA in its sole discretion may transfer a license to a third party
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at the written request of the Licensee.
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12. Entire Agreement
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This Agreement constitutes the entire agreement between the parties
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concerning the Licensee's use of the Software. This Agreement
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supersedes any prior verbal understanding between the parties and any
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Licensee purchase order or other ordering document, regardless of
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whether such document is received by CENQUA before or after execution
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of this Agreement. This Agreement may be amended only in writing by
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CENQUA.
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