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119 lines
6.2 KiB
Plaintext
119 lines
6.2 KiB
Plaintext
END USER LICENSE AGREEMENT
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This copy of gooxml ("the Software Product") and accompanying documentation is
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licensed and not sold. This Software Product is protected by copyright laws and
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treaties, as well as laws and treaties related to other forms of intellectual
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property. Baliance LLC or its subsidiaries, affiliates, and suppliers
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(collectively "Baliance") own intellectual property rights in the Software
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Product. The Licensee's ("you" or "your") license to download, use, copy, or
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change the Software Product is subject to these rights and to all the terms and
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conditions of this End User License Agreement ("Agreement").
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Acceptance
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YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS COMMERCIAL AGREEMENT BY
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PURCHASING THE THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS
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AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO
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NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST NOT PURCHASE THE
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SOFTWARE AND WILL BE BOUND BY THE TERMS OF THE AGPL LICENSE.
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License Grant
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Development with Licensed Software
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Subject to the terms of this Agreement, Baliance grants to Licensee a personal,
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worldwide, non-exclusive, non-transferable license, valid for the Term, to use,
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modify and copy the Licensed Software by Designated Users for the sole purposes
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of designing, developing, demonstrating and testing Application(s), and to
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provide thereto related support and other services to end-user Customers.
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Licensee may install copies of the Licensed Software on an unlimited number of
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computers provided that (i) only the Designated Users may use the Licensed
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Software, and (ii) all Designated Users must have a valid Development License to
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use Licensed Software.
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Licensee may at any time designate another Designated User to replace a
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then-current Designated User by notifying Baliance in writing.
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Restrictions on Transfer
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Without first obtaining the express written consent of Baliance, you may not
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otherwise assign your rights and obligations under this Agreement, or
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redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer
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your rights to the Software Product except
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Updates
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Licensee will be eligible for software updates for the duration of the support
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period of the license (12 months). Upon expiry of the support term, the Licensee
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will not be authorized to use further updates of the software until a new
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license has been purchased. However, licensees shall be allowed to continue the
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software as it existed at the expiration of the license term in perpetuity.
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Unless otherwise agreed, Baliance shall not be responsible for providing any
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service or support to the Customers.
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Disclaimer of Warranties and Limitation of Liability
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UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY BALIANCE, BALIANCE MAKES NO
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OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT
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LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
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PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED
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WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
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Baliance makes no warranty that the Software Product will meet your requirements
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or operate under your specific conditions of use. Baliance makes no warranty
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that operation of the Software Product will be secure, error free, or free from
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interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS
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YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE
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RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE
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SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. BALIANCE WILL NOT, UNDER ANY
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CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR
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INFORMATION STORAGE DEVICE.
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UNDER NO CIRCUMSTANCES SHALL BALIANCE, ITS DIRECTORS, OFFICERS, EMPLOYEES OR
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AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL,
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INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES
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OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE
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FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER
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DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF BALIANCE
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OR ANY OTHER PARTY, EVEN IF BALIANCE IS ADVISED BEFOREHAND OF THE POSSIBILITY OF
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SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS BALIANCE'S
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ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE
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TO THE MAXIMUM EXTENT PERMITTED.
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Limitation of Remedies and Damages
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Your remedy for a breach of this Agreement or of any warranty included in this
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Agreement is the correction or replacement of the Software Product. Selection of
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whether to correct or replace shall be solely at the discretion of Baliance.
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Baliance reserves the right to substitute a functionally equivalent copy of the
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Software Product as a replacement. If Baliance is unable to provide a
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replacement or substitute Software Product or corrections to the Software
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Product, your sole alternate remedy shall be a refund of the purchase price for
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the Software Product exclusive of any costs for shipping and handling.
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Any claim must be made within the applicable warranty period. All warranties
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cover only defects arising under normal use and do not include malfunctions or
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failure resulting from misuse, abuse, neglect, alteration, problems with
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electrical power, acts of nature, unusual temperatures or humidity, improper
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installation, or damage determined by Baliance to have been caused by you. All
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limited warranties on the Software Product are granted only to you and are
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non-transferable. You agree to indemnify and hold Baliance harmless from all
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claims, judgments, liabilities, expenses, or costs arising from your breach of
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this Agreement and/or acts or omissions.
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Governing Law, Jurisdiction and Costs
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This Agreement is governed by the laws of Alabama, without regard to Alabama's
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conflict or choice of law provisions.
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Severability
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If any provision of this Agreement shall be held to be invalid or unenforceable,
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the remainder of this Agreement shall remain in full force and effect. To the
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extent any express or implied restrictions are not permitted by applicable laws,
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these express or implied restrictions shall remain in force and effect to the
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maximum extent permitted by such applicable laws.
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