license

Download License

If you can't read please download the document

Upload: donald-cade

Post on 19-Jan-2016

5 views

Category:

Documents


0 download

DESCRIPTION

czc

TRANSCRIPT

SIGASI SOFTWARE LICENSE AGREEMENT REVISION 2012-09-12Patent application pending: US 2011/209132Copyright (c) 2008-2014, SIGASI All rights reserved.Carefully read all terms and conditions of this Software License Agreementbefore you use the SoftwareThis Software License Agreement (the "Agreement") is a legally bindingagreement between the User of the software (the "User") and SIGASI nv("SIGASI"), seated at Franklin Rooseveltlaan 348/N, 9000 Ghent, Belgium. By using,installing or clicking the acceptance button of the software (as updated bySIGASI from time to time, the "Software"), the User is accepting to be boundby all of the terms and conditions of this Agreement.1. Grant of License. The Software and all accompanying documentation (the"Documentation") are licensed to the User, under the termsand conditions set forth in this Agreement. Subject to such terms and conditionsSIGASI hereby grants to the User a non-exclusive, non-transferable right to usethe Software and the Documentation and to the extent permitted bypayment of applicable license fees, if any, under an approvedlicensing model and/or a Software License Key. Depending upon themodel utilized to compute the applicable license fees paid by the Userto use the Software (whether per Processor, per user, or any otherapproved licensing model), an applicable Software License Key maylimit usage of the Software accordingly. The User may use the Softwareon a single computer (node-locked license or floating licensing)located in a country to which the Software is legally exported. Thesoftware may not be exported or re-exported to certain countries orto persons or entities prohibited from receiving U.S. exports(including those (a) on the Bureau of Industry and Security DeniedParties List or Entity List, (b) on the Office of Foreign AssetsControl list of Specially Designated Nationals and Blocked Persons,and (c) involved with missile technology or nuclear, chemical orbiological weapons).2. Limitations on Use. The User will not modify or translate the Software orthe Documentation without the prior written consent of SIGASI. The User willnot reverse engineer, decompile, disassemble or otherwise attempt to recreatethe source code of the Software. The User will not separate from the Softwareany of the component parts of the Software.3. Limitations on Duplication. The User may not make any copies of the Software or the Documentation, provided, however, that the User may make a reasonable number of copies of the Software or the Documentation solely for backup or archival purposes if such copy of the Software or Documentation contains the notation "Copyright SIGASI". The User will not print any on-line or electronic documentation other than solely for servicing, operating or training purposes.The User may not remove any titles, trademarks or trade names, copyright notices, or other proprietary markings on the Software. SIGASI retains all rights not expressly granted to the User under this Agreement.4. Limitations on Transfer. The User will not sell, rent, lease or otherwisetransfer any or all of the Software, the Documentation or any copies thereof,without the prior written consent of SIGASI. The User will not sublicense,assign, delegate, rent, lease or otherwise transfer any or all of its rightsunder this Agreement to any third party.5. Ownership and Copyright. The User has not acquired, by virtue of thisAgreement, any right of ownership in or to the Software, the Documentation or any related patent, copyright, trademark or other intellectual property right.By virtue of this Agreement, the User has acquired a right of ownership solelyin and to the physical media on which the Software and the Documentation arerecorded or fixed. SIGASI, its licensors and their respective licensors retainall right, title and interest in and to the Software, the Documentation andany and all copies thereof, except for the rights expressly granted to theUser pursuant to this Agreement and as may be granted by SIGASI from time totime. Such right, title and interest of SIGASI is, and such right, title andinterest of SIGASI's licensors and their respective licensors may be protectedby applicable copyright laws and international treaties.6. Term and Termination. This Agreement remains effective until expiration or termination. ThisAgreement will immediately terminate upon notice if the User exceedsthe scope of license granted. For any other material breach under thisAgreement, SIGASI may terminate this Agreement upon 30 days writtennotice if the User is in material breach and fails to cure such breachwithin the 30 day notice period. If a Software license was providedfor limited term use, such license will automatically terminate at theend of the authorized term. The agreement shall be extended in case oftimely payment of the license fees by the User. If the User fails to comply with any of the terms and conditions set forth in thisAgreement, then (a) this Agreement will automatically terminate,(b) notwithstanding such termination, the User will (i) destroy or permanentlyerase the Software and any and all copies thereof and (ii) destroy theDocumentation and any and all copies thereof, and (c) SIGASI may exercise anyor all remedies available to it under applicable laws. In addition, the Usermay terminate this Agreement at any time by (a) destroying or permanentlyerasing the Software and any and all copies thereof and (b) destroying theDocumentation and any and all copies thereof. In case the Userterminates this Agreement, SIGASI shall not refund any license feespaid by the User partially or totally. 7. Support. SIGASI may offer support for installing, maintaining and operatingthe Software, at its own discretion and on a best-effort basis. The Userthereto can contact SIGASI via the support pages at http://www.sigasi.com.8. Debug and usage information.The Software can at certain intervals contact an online service, operatedby SIGASI. The Software can transmit certain debug information and usageinformation to such service, subject to approval of the User. SIGASIwill only use such information for the purpose of improving itsproducts and for future product planning. The User will be able toinspect which information is being sent and will be able to cancel thetransmission. SIGASI will not disclose such information, unless in asufficiently aggregated and anonymized form. 9. NO WARRANTIES( LIMITED WARRANTY). Sigasi declares it has all rights to enter into this agreement. THE SOFTWARE IS MADE AVAILABLE TO THE USER ON AN "AS IS" BASIS WITHOUTANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES WHATSOEVER, INCLUDINGWITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESSFOR A PARTICULAR PURPOSE. Some jurisdictions may not permit the exclusion of implied warranties; so theabove exclusion may not apply to the User. The User may have other rights thatvary from jurisdiction to jurisdiction. If during the evaluationperiod the Software does not substantially conform to the descriptioncontained in the applicable end user documentation, the Users' soleremedy will be that Sigasi shall refund the license fees paid, if any,related to the Software provided that (a) the Software has beenproperly installed and used at all times an in accordance with theinstructions in the applicable end user documentation (b) nomodification, alteration or addition has been made to the Softwareproduct by persons other than Sigasi and (c) Sigasi receives writtennotice of the non-conformity within 30 days (following shipment of thefirst Software License Key). SIGASI may from time to time, in its solediscretion, make available to the User, without charge, updates to the Software or the Documentation. No such action will create any warranty obligation on the part of SIGASI10. LIMITATION OF LIABILITY. IN NO EVENT WILL SIGASI, ITS DISTRIBUTORS, ITS LICENSORS, OR THEIR RESPECTIVE LICENSORS BE LIABLE FOR ANYDAMAGES OR OTHER RELIEF WHATSOEVER ARISING OUT OF USER'S USE ORINABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUTLIMITATION LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY OR ANYSPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LEGALFEES ARISING OUT OF SUCH USE OR INABILITY TO USE THE SOFTWARE, EVEN IFSIGASI, ITS DISTRIBUTORS, ITS LICENSORS OR THEIR RESPECTIVE LICENSORSHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions may not permit the exclusion or limitation of incidental orconsequential damages; so the above exclusion or limitation may not apply tothe User. SIGASI, its distributors and licensors' liability under thisAgreement will not, in any event, exceed the license fees, if any,paid by the User for the Software licensed under this Agreement. Incase an electronic circuit designed using the SIGASI software doesnot function properly, SIGASI will not be responsible thereof. TheUser must validate the code and the electronic circuit in accordancewith the industrial standards. 11. Governing Law. This Agreement will be governed by and construed inaccordance with the laws of Belgium, without giving effect to the conflicts oflaws principles thereof.12. Other Terms. Additional or different terms and conditions may beapplicable to the User if so agreed in writing by SIGASI, itsdistributors, its licensors and/or their respective licensors. 13. Open Source Software. The Software may contain the following Open Source Software:13.1. ANTLR v3Terms and conditions applicable to this Open Source Software:[The BSD License] Copyright (c) 2003-present, Terence Parr All rights reserved.Redistribution and use in source and binary forms, with or withoutmodification, are permitted provided that the following conditions are met:Redistributions of source code must retain the above copyright notice, thislist of conditions and the following disclaimer. Redistributions in binaryform must reproduce the above copyright notice, this list of conditions andthe following disclaimer in the documentation and/or other materials providedwith the distribution. Neither the name of the author nor the names of itscontributors may be used to endorse or promote products derived from thissoftware without specific prior written permission. THIS SOFTWARE IS PROVIDEDBY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIEDWARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NOEVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORYOF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDINGNEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.13.2. VEditor 0.5.1Terms and conditions applicable to this Open Source Software:[The BSD License] Copyright (c) 2004-2006, Kobayashi Tadashi and others Allrights reserved. Redistribution and use in source and binary forms, with orwithout modification, are permitted provided that the following conditions aremet: Redistributions of source code must retain the above copyright notice,this list of conditions and the following disclaimer. Redistributions inbinary form must reproduce the above copyright notice, this list of conditionsand the following disclaimer in the documentation and/or other materialsprovided with the distribution. Neither the name of the author nor the namesof its contributors may be used to endorse or promote products derived fromthis software without specific prior written permission. THIS SOFTWARE ISPROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS ORIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NOEVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORYOF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDINGNEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.13.3. Eclipse and Eclipse PluginsTerms and conditions applicable to this Open Source Software:[The EPL License] Copyright (c) 2008-present, The Eclipse Foundation. All rightsreserved.This program and the accompanying materials are made available under the termsof the Eclipse Public License v1.0 which accompanies this distribution, and isavailable at http://www.eclipse.org/legal/epl-v10.html THIS SOFTWARE ISPROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS ORIMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OFMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NOEVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING,BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORYOF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDINGNEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE,EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.13.4 MousefeedCopyright (C) Heavy Lifting Software 2007-2008. All rights reserved.MouseFeed is free software: you can redistribute it and/or modifyit under the terms of the GNU Lesser General Public License as published bythe Free Software Foundation, either version 3 of the License, or(at your option) any later version.MouseFeed is distributed in the hope that it will be useful,but WITHOUT ANY WARRANTY; without even the implied warranty ofMERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See theGNU Lesser General Public License for more details.You should have received a copy of the GNU Lesser General Public Licensealong with MouseFeed. If not, see http://www.gnu.org/licenses/.13.5 Cairo for LinuxCairo for Linux ("Cairo") is developed by The Cairo Project(http://www.cairographics.org):Cairo is delivered in the following file ("Cairo Library"):* libcairo-swt.sowhich was compiled from Cairo source code available athttp://www.cairographics.org/snapshots.Your use of the Cairo code in binary form is subject to the terms and conditionsof Mozilla Public License Version 1.1 ("MPL"). A copy of the MPL is provided(mpl-v11.txt) and is also available at http://www.mozilla.org/MPL/MPL-1.1.html.13.6 pixmanpixman ("pixman") is packaged within the Cairo Library and was compiled fromsource code available at http://www.cairographics.org/snapshots. pixman includesthe following packages:* libpixregion* libic* slimYour use of pixman is subject to the terms and conditions of the licenses inpixman-licenses.txt.13.7 Oracle Java Runtime EnvironmentCopyright (c) 2006, 2010, Oracle and/or its affiliates.All rights reserved.This software and related documentation are provided under alicense agreement containing restrictions on use anddisclosure and are protected by intellectual property laws.Except as expressly permitted in your license agreement orallowed by law, you may not use, copy, reproduce, translate,broadcast, modify, license, transmit, distribute, exhibit,perform, publish, or display any part, in any form, or byany means. Reverse engineering, disassembly, ordecompilation of this software, unless required by law forinteroperability, is prohibited.The information contained herein is subject to changewithout notice and is not warranted to be error-free. Ifyou find any errors, please report them to us in writing.If this is software or related software documentation thatis delivered to the U.S. Government or anyone licensing iton behalf of the U.S. Government, the following notice isapplicable:U.S. GOVERNMENT RIGHTS Programs, software, databases, andrelated documentation and technical data delivered to U.S.Government customers are "commercial computer software" or"commercial technical data" pursuant to the applicableFederal Acquisition Regulation and agency-specificsupplemental regulations. As such, the use, duplication,disclosure, modification, and adaptation shall be subject tothe restrictions and license terms set forth in theapplicable Government contract, and, to the extentapplicable by the terms of the Government contract, theadditional rights set forth in FAR 52.227-19, CommercialComputer Software License (December 2007). Oracle America,Inc., 500 Oracle Parkway, Redwood City, CA 94065.This software or hardware is developed for general use in avariety of information management applications. It is notdeveloped or intended for use in any inherently dangerousapplications, including applications which may create a riskof personal injury. If you use this software or hardware indangerous applications, then you shall be responsible totake all appropriate fail-safe, backup, redundancy, andother measures to ensure its safe use. Oracle Corporationand its affiliates disclaim any liability for any damagescaused by use of this software or hardware in dangerousapplications.Oracle and Java are registered trademarks of Oracle and/orits affiliates. Other names may be trademarks of theirrespective owners.AMD, Opteron, the AMD logo, and the AMD Opteron logo aretrademarks or registered trademarks of Advanced MicroDevices. Intel and Intel Xeon are trademarks or registeredtrademarks of Intel Corporation. All SPARC trademarks areused under license and are trademarks or registeredtrademarks of SPARC International, Inc. UNIX is aregistered trademark licensed through X/Open Company, Ltd.This software or hardware and documentation may provideaccess to or information on content, products, and servicesfrom third parties. Oracle Corporation and its affiliatesare not responsible for and expressly disclaim allwarranties of any kind with respect to third-party content,products, and services. Oracle Corporation and itsaffiliates will not be responsible for any loss, costs, ordamages incurred due to your access to or use of third-partycontent, products, or services.