The Web 2 Markup Language
We are willing to license the Software to you only upon the condition that you accept all of the terms contained in this agreement. We have the right to terminate your right to use the Software if you fail to comply with any of the terms of this agreement.
We reserve all rights not expressly granted in this agreement. We retain all ownership and intellectual property rights in the Software. You may not reverse engineer, disassemble or decompile the Software, unless required by law for interoperability.
To use the Software, you must acquire a License Key and install it in the Software. Otherwise, you may not use the Software. If you use several copies of the Software, then you must acquire and install at least one License Key per copy.
You may not install the same License Key in two or more copies of the Software. You may not duplicate License Keys, except for backup purpose. You may not make your License Keys available to public. If you transfer a License Key to a third party, you may not keep a copy of the License Key. If a License Keys is used in a way not permitted by this License Agreement, then we may revoke the License Key at any time.
The validity of License Keys is time-limited: it has a start date and an end date. You may not use the Software if no valid License Key is installed.
They are several categories of License Keys: Standard License Key, Limited Standard License Key, and Development License Key.
A Standard License Key grants you a non-exclusive right to use the Software.
You may install several Standard License Keys in the same copy of the Software.
A Limited Standard License Key grants you a non-exclusive right to use the Software under a limited Daily Hit Rate.
You may install several Limited Standard License Keys in the same copy of the Software. The licensed Daily Hit Rate for a given day is the sum of the Daily Hit Rates of every installed Limited Standard License Keys valid this day. The actual Daily Hit Rate may not exceed the licensed Daily Hit Rate.
If actual Daily Hit Rate exceeds licensed Daily Hit Rate, then you have no more than 30 days after the first excess to acquire and install an additional Limited Standard License Key. The start date of this additional Limited Standard License Key must be the date of the first excess and the end date may not be in the past. The sum of the licensed Daily Hit Rate and the Daily Hit Rate of the additional Limited Standard License Key must be greater or equal to actual Daily Hit Rate.
A Development License Key grants you a non-exclusive, non-transferable, royalty-free license to:
With a Development License Key, you may not:
You may install several Development License Keys in the same copy of the Software. If a Development License Key is installed, then you may not install other (Standard or Limited Standard) License Keys in the same copy.
Unless required by applicable law or agreed to in writing, THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE, EVEN IF WE OR OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This license agreement is governed by the Laws of Switzerland. Disputes shall be settled by Canton of Vaud Court.
Last update: 2008-07-03 20:54 UTC |
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