Chapter 8. End User License AgreementIMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL
AGREEMENT BETWEEN YOU, AN INDIVIDUAL, AND DRACONIS SOFTWARE, LLC. READ THIS
LICENSE AGREEMENT ("LICENSE") CAREFULLY BEFORE USING THIS PRODUCT. YOUR
INSTALLATION, COPYING, OR USE OF THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THIS
LICENSE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, THEN:
(A) DO NOT COPY, INSTALL, OR USE THIS PRODUCT, AND (B) IF YOU RETURN THE
COMPLETE PRODUCT TO DRACONIS SOFTWARE IMMEDIATELY, WITH PROOF OF PURCHASE YOU
CAN RECEIVE A FULL REFUND OF THE PURCHASE PRICE (LESS THE COST OF SHIPPING AND
HANDLING).
Definitions "Draconis Software" means Draconis Software, LLC and its licensors, if
any. "Software" means only the Draconis Software program(s) and third party
software programs, in each case, supplied by Draconis Software herewith,
and corresponding documentation, associated media, printed materials, and
online or electronic documentation, and all updates or upgrades of the
above that are provided to you. "Personal Computer Systems" means any computer systems owned by you, and
which are not owned or being used for any commercial, non-profit, or
academic institutional purpose (for instance, hosting a commercial web site).
License Grants You may use the Software free of charge only on your own Personal
Computer Systems. You may not share, transmit, or otherwise distribute any part of this
Software to any computer system that is not a Personal Computer Systems.
You may make derivative works using the RSP Lib API or RSP Module API.
Derivative works based on either the RSP Module API or the RSP Lib API
may be transferred and sold electronically (provided that you make it
known to customers they must purchase and install the Software from
Draconis Software). You agree to notify Draconis Software, in writing,
of any such derivative works not more than 30 days after their release.
You agree that Draconis Software may audit your use of the Software for
compliance with these terms at any time, upon reasonable notice. In the
event that such audit reveals any use of the Software by you other than
in full compliance with the terms of this Agreement, you shall reimburse
Draconis Software for all reasonable expenses related to such audit in
addition to any other liabilities you may incur as a result of such non-
compliance.
Your license rights under this EULA are non-exclusive.
License Restrictions You may not make or distribute copies of the Software, or electronically
transfer the Software from one computer to another or over a network. You may not alter, merge, modify, adapt or translate the Software, or
decompile, reverse engineer, disassemble, or otherwise reduce the Software
to a human-perceivable form. You may not sell, rent, lease, or sublicense the Software. You may not modify the Software or create derivative works based upon the
Software, except in the permitted use of the RSP Lib API or the RSP Module
API (outlined in sections 2.2 and 2.3). You may not export the Software into any country prohibited by the United
States Export Administration Act and the regulations thereunder. In the event that you fail to comply with this EULA, Draconis Software may
terminate the license. In such case, you must immediately either destroy
all copies of the Software or return all copies of the Software to
Draconis Software (with all other rights of both parties and all other
provisions of this EULA surviving any such termination). You shall not use the Software to develop any software or other technology
having the same primary function as the Software (except as applicable in
sections 2.2 and 2.3), including but not limited to using the Software in
any development or test procedure that seeks to develop like software or
other technology, or to determine if such software or other technology
performs in a similar manner as the Software.
Ownership The foregoing license gives you a limited license to use the Software.
Draconis Software and its suppliers retain all right, title and interest,
including all copyright and intellectual property rights, in and to, the
Software and all copies thereof. All rights not specifically granted in
this EULA, including Federal and International Copyrights, are reserved by
Draconis Software and its suppliers. WARRANTY DISCLAIMER DRACONIS SOFTWARE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND
REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO,
THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT.
DRACONIS SOFTWARE DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL
OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE
2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.
THE SOFTWARE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS
ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION,
THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES,
AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND
LIFE SUPPORT OR WEAPONS SYSTEMS. DRACONIS SOFTWARE SPECIFICALLY DISCLAIMS
ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE,
ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE
DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DRACONIS SOFTWARE, ITS
DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN
ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. (USA only) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY
FROM STATE TO STATE. DRACONIS SOFTWARE SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN
ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE
SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR
OPERATING SYSTEM.
LIMITATION OF LIABILITY NEITHER DRACONIS SOFTWARE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, ACTUAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF
PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY
INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DRACONIS SOFTWARE OR
ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE. DRACONIS SOFTWARE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY
CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $50 OR THE AMOUNT PAID
BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE. (USA only) SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION
OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
THAT VARY FROM STATE TO STATE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL
ASPECTS OF THIS EULA.
Basis of Bargain The Warranty Disclaimer and Limited Liability set forth above are fundamental
and essential elements of the basis of the agreement between Draconis
Software and you. Draconis Software would not be able to provide the Software
on an economic basis without such limitations. Such Warranty Disclaimer and
Limited Liability inure to the benefit of Draconis Software's licensors. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS"
applicable to private and public licenses alike. Without limiting the
foregoing, use, duplication, or disclosure by the US Government is subject to
restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a)
and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988),
FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.
Manufacturer: Draconis Software, LLC, 23 California RD, Reading, MA 01867. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this
EULA do not affect or prejudice the statutory rights of a consumer, i.e., a
person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties, remedies or liability contained
in this EULA shall apply to you only to the extent such limitations or
exclusions are permitted under the laws of the jurisdiction where you are
located.
Third Party Software
The Software may contain third party software which requires notices and/or
additional terms and conditions. By accepting this EULA, you are also
accepting the additional terms and conditions, if any, set forth therein. Third Party Licenses
The Software may use one or all of the following software packages. The
following licenses apply to those third party packages the Software uses: MySQL License Agreement for Commercial Use of MySQL(tm) Software
This Agreement ("License") is between MySQL AB, a Swedish company
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copy of the object code version of the MySQL relational database
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special download page of the MySQL AB web site (the "Download Page")
made available to Licensee immediately after payment as provided in
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for each license purchased (each, a "Licensed Copy"); (b) compile
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(c) load and use the Licensed Copy portion of an Integrated Product
on one machine or instrument in the operating system environment(s),
and on the hardware platform(s) specified in the Order Form, and
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Licensed Copies shall be deemed accepted by Licensee immediately upon
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as permitted in Section 1, Licensee may transfer to a third party
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Sections 4 through 10 shall survive the termination of this License
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secrets and all other intellectual proprietary rights of whatever
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whose copyright is owned by MySQL AB. Disclaimer of Warranties. THE LICENSED SOFTWARE IS LICENSED "AS IS,"
WITHOUT ANY WARRANTIES WHATSOEVER. LICENSOR EXPRESSLY DISCLAIMS, AND
LICENSEE EXPRESSLY WAIVES, ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION,
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NOT WARRANT THAT THE LICENSED SOFTWARE WILL MEET LICENSEE'S
REQUIREMENTS OR THAT THE OPERATION OF THE LICENSED SOFTWARE WILL BE
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ENTIRE RISK OF THE LICENSED SOFTWARE'S QUALITY AND PERFORMANCE IS
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Licensed Software with the Licensee Application (where use of the
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Licensor upon Licensee's direct instructions; or (f) bodily injury,
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RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR
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COMPUTER FAILURE OR ANY OTHER CAUSE), EVEN IF IT HAS BEEN ADVISED OF
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BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE,
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If any part of this License is held by a court of competent
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If Licensee's residence, principal place of business or place of
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invoice) comprises the entire agreement, and supercedes and merges
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between the parties relating to the subject matter of this License.
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specifically accepted in writing by an authorized officer of
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OpenSSL Copyright (c) 1998-2003 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met: Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution. All advertising materials mentioning features or use of this software
must display the following acknowledgment: "This product includes
software developed by the OpenSSL Project for use in the OpenSSL
Toolkit. (http://www.openssl.org/)" The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
endorse or promote products derived from this software without prior
written permission. For written permission, please contact
openssl-core@openssl.org. Products derived from this software may not be called "OpenSSL" nor
may "OpenSSL" appear in their names without prior written permission
of the OpenSSL Project. Redistributions of any form whatsoever must retain the following
acknowledgment: "This product includes software developed by the
OpenSSL Project for use in the OpenSSL Toolkit
(http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``AS IS'' AND ANY
EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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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 THEORY
OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT
(INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE
OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
This product includes cryptographic software written by Eric Young
(eay@cryptsoft.com). This product includes software written by Tim
Hudson (tjh@cryptsoft.com). SSLeay Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved. This package is an SSL implementation written by Eric Young
(eay@cryptsoft.com). The implementation was written so as to conform
with Netscapes SSL. This library is free for commercial and non-commercial use as long as
the following conditions are aheared to. The following conditions apply
to all code found in this distribution, be it the RC4, RSA, lhash, DES,
etc., code; not just the SSL code. The SSL documentation included with
this distribution is covered by the same copyright terms except that the
holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in the
code are not to be removed. If this package is used in a product, Eric
Young should be given attribution as the author of the parts of the
library used. This can be in the form of a textual message at program
startup or in documentation (online or textual) provided with the
package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are
met: Redistributions of source code must retain the copyright notice, this
list of conditions and the following disclaimer. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
"This product includes cryptographic software written by
Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the
library being used are not cryptographic related :-). If you include any Windows specific code (or a derivative thereof)
from the apps directory (application code) you must include an
acknowledgement:
"This product includes software written by Tim Hudson
(tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS OR
IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE AUTHOR 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 THEORY OF LIABILITY, WHETHER IN CONTRACT,
STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN
ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. The licence and distribution terms for any publically available version
or derivative of this code cannot be changed. i.e. this code cannot
simply be copied and put under another distribution licence [including
the GNU Public Licence.] Java Look and Feel Graphics Repository Copyright 2000 by Sun Microsystems, Inc. All
Rights Reserved. Sun grants you ("Licensee") a non-exclusive,
royalty free, license to use, and redistribute
this software graphics artwork, as individual
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OR IMPLIED CONDITIONS, REPRESENTATIONS AND
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OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED. SUN AND
ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES
SUFFERED BY LICENSEE AS A RESULT OF USING,
MODIFYING OR DISTRIBUTING THE SOFTWARE GRAPHICS
ARTWORK.
IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE
FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED
AND REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF THE USE OF OR INABILITY TO USE
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If any of the above provisions are held to be in
violation of applicable law, void, or
unenforceable in any jurisdiction, then such
provisions are waived to the extent necessary for
this Disclaimer to be otherwise enforceable in
such jurisdiction. Bouncy Castle Crypto package Copyright (c) 2000 - 2004 The Legion Of The Bouncy Castle
(http://www.bouncycastle.org) Permission is hereby granted, free of charge, to any person obtaining a
copy of this software and associated documentation files (the
"Software"), to deal in the Software without restriction, including
without limitation the rights to use, copy, modify, merge, publish,
distribute, sublicense, and/or sell copies of the Software, and to permit
persons to whom the Software is furnished to do so, subject to the
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in all copies or substantial portions of the Software.
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ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE.
General This EULA shall be governed by the internal laws of the State of
Massachusetts, without giving effect to principles of conflict of laws. You
hereby consent to the exclusive jurisdiction and venue of the state courts
sitting in the city of Boston, Massachusetts or the federal courts in the
state of Massachusetts to resolve any disputes arising under this EULA. In
each case this EULA shall be construed and enforced without regard to the
United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to
the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written. You 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. The failure or delay of Draconis Software to
exercise any of its rights under this EULA or upon any breach of this EULA
shall not be deemed a waiver of those rights or of the breach.
No Draconis Software dealer, agent or employee is authorized to make any
amendment to this EULA.
If any provision of this EULA 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 EULA will
remain in full force and effect.
All questions concerning this EULA shall be directed to: Draconis Software,
LLC, 23 California RD, Reading, MA 01867, Attention: General Counsel.
All trademarks, trade names, product names and logos may be the trademarks or
registered trademarks of their respective owners. You may not remove or alter
any trademark, trade names, product names, logo, copyright or other
proprietary notices, legends, symbols or labels in the Software. This EULA
does not authorize you to use Draconis Software's or its licensors' names or
any of their respective trademarks.
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