» version 2 - posted on 2006-03-03
"as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
Because some jurisdictions do not allow for the exclusion or limitation of implied warranties, the above exclusions or limitations may not apply to you.
10.Limitation of Liability: In no event will AdventNet be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if AdventNet has been advised of the possibility of such damages. AdventNet's entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the named developer license fee paid by you for the Licensed Software.
Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above exclusions or limitations may not apply to you.
11.Indemnification: AdventNet agrees to indemnify and defend you from and against any and all claims, actions or proceedings, arising out of any claim that the Licensed Software infringes or violates any valid U.S. patent, copyright or trade secret right of any third party; so long as you provide; (i) prompt written notice to AdventNet of such claim; (ii) cooperate with AdventNet in the defense and/or settlement thereof, at AdventNet's expense; and, (iii) allow AdventNet to control the defense and all relate"ith United States export regulations and applicable laws and regulations.) on the following topics:
Please read the following license carefully, before either (i) completing the electronic order or download of the Licensed Software from an authorised website, or (ii) installing the Licensed Software from media that was delivered after being ordered by alternative order process, as applicable. You acknowledge that you have read this License Agreement, have understood it, and agree to be bound by its terms. If you do not agree to the terms and conditions of this Agreement, either (i) exit the web site page without continuing the ordering process, or (ii) return the provided unused media and documentation within thirty (30) days from the date of shipment of the Licensed Software for a full refund of your payment, as applicable.
1. Evaluation License: AdventNet grants to you a non-exclusive, non-transferable, Evaluation License for trial and evaluation of the Licensed Software, in binary object code form, for a period of fortyfive (45) days from the date of download or installation. This License begins upon downloading or installing the Licensed Software and ends fortyfive (45) days thereafter ("
If you are not willing to use the Licensed Software after the Evaluation Period, Licensee agrees to remove the software from Licensee's computer with immediate effect. You are forbidden from using the Licensed Software for any other use or otherwise offering it for resale under the terms of this Section 1. AdventNet retains all rights not specifically granted to you herein.
2. Commercial License:
(a) Free Edition:Where applicable, if you choosed to use the Free Edition beyond the Evaluation Period, the Licensed Software includes 2 repositories as per the Licensed Software. AdventNet grants you a non-exclusive, non-transferable, worldwide license to use the Licensed Software for no cost in perpetuity
(b) Professional Edition: As part of your choosing to license the Licensed Software, AdventNet grants you a fee-bearing, non-exclusive, non-transferable, world-wide license to Use the Licensed Software including user documentation that you have downloaded form or received on media provided by AdventNet, including all updates, where applicable, provided that such access and Use of the License Software is in accordance with the Single Installation License granted by AdventNet. "Use" means storing, locating, installing, executing or displaying the License Software. "Single Installation License"neral availability or characteristics of the Licensed Software. The Licensed Software is only licensed and not sold to you by AdventNet.
7.Audit: AdventNet has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
8.Confidentiality: The Licensed Software contains proprietary information of AdventNet that are protected by the laws of the United States and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
9.Warranty Disclaimer: AdventNet does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished