CODEWARP APPLICATIONS, EVALUATION VERSION
PLEASE READ THIS END-USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY INSTALLING OR USING THE SOFTWARE THAT ACCOMPANIES THIS EULA ("SOFTWARE"), YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE AND, IF APPLICABLE, RETURN IT TO THE PLACE OF PURCHASE.
THE SOFTWARE CONTAINS FUNCTIONALITY THAT IS TIME-SENSITIVE AND DESIGNED TO CEASE FUNCTIONING AFTER A CERTAIN PERIOD.
THIS SOFTWARE DOES NOT TRANSMIT ANY PERSONALLY IDENTIFIABLE INFORMATION FROM YOUR SERVER TO CODEWARP COMPUTER SYSTEMS WITHOUT YOUR CONSENT.
GENERAL. This EULA is a legal agreement between you (either an individual or a single entity) and Codewarp Inc ("Codewarp"). This EULA governs the Software, which includes computer software (including online and electronic documentation) and any associated media and printed materials. This EULA applies to updates, supplements, add-on components, and Internet-based services components of the Software that Codewarp may provide or make available to you unless Codewarp provides other terms with the update, supplement, add-on component, or Internet-based services component. Codewarp is not obligated to provide maintenance, technical or other support, or updates to you for the Software. In no event shall Codewarp be obligated to provide you, free of charge, a copy of the non-evaluation version of the Software in connection with your evaluation. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this EULA or any Schedule shall add to or vary the terms of this EULA unless signed or initialed by both parties. This EULA replaces and supersedes any prior verbal understandings, written communications or representations. Codewarp reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. This EULA also governs any product support services relating to the Software except as may be included in another agreement between you and Codewarp. An amendment or addendum to this EULA may accompany the Software.
The Software may contain the following:
* "Server Software" provides services or functionality on your server (your computers capable of running the Server Software are "Servers");
* "Client Software" allows an electronic device ("Device") to access or utilize the Server Software.
1. GRANT OF LICENSE - "PER PROCESSOR". Codewarp grants you the following rights, provided you comply with all terms and conditions of this EULA:
a. Server Software. You may install one copy of the Server Software on a single Server. If the Server has more than one processor, you must obtain a separate license for each processor on that Server. You may use the Server Software only with that number of processors for which you are properly licensed.
b. Client Software. You may install and use the Client Software on any number of Devices so long as it is being used only in conjunction with the Server Software.
c. Server Device Access. Any number of Devices may use or access the services of a Server running the Server Software so long as you have acquired a valid license for each processor running the Server Software.
d. Installation of Server Software on Passive Fail-Over Server. If the Server Software is used in a clustered environment, you may use the Server Software on a temporary basis on a Server that is employed only for fail-over support (the "Passive Server") so long as the number of processors on the Passive Server does not exceed the number of processors on your primary active Server.
2. NO RENTAL/NO COMMERCIAL HOSTING. You may not rent, lease, lend, or provide commercial hosting services with the Software.
4. ADDITIONAL SOFTWARE/ COMPONENT LICENSES. This EULA applies to updates or supplements to the original Software provided by Codewarp, unless we provide other terms along with the update or supplement. The Software may contain certain components (each, a "Component") that included a separate end user license agreement (a "Component Agreement"). The terms of any Component Agreement are herein incorporated by reference to this EULA; in the event of any inconsistencies between this EULA and any Component Agreement, the terms of this EULA shall control.
5. TRANSFER-Internal. You may move the Server Software to a different Server.
6. TITLE. Ownership of all right, title and interest in and to the originals and any copies, in whole or in part, of the Software, including translations, compilations, partial copies, modifications and updated works, and ownership of all patents, trade secrets, copyrights and other intellectual property rights pertaining thereto anywhere in the world, shall be and shall remain the sole property of Codewarp. You acknowledge that the license granted pursuant to this EULA does not provide you with title or ownership of any right in or to the Software. You shall keep the Software free and clear of all claims, liens and encumbrances.
7. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You shall not, nor permit any third party to, decompile, reverse engineer or otherwise attempt to derive or modify the source code of the Licensed Program Materials unless expressly licensed to do so by Codewarp in writing. You shall not merge the source code of the Software with another program.
8. TERMINATION. Without prejudice to any other rights, Codewarp may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Software and all of its component parts.
9. CONSENT TO USE OF DATA. You agree that Codewarp and its affiliates may collect and use technical information you provide as a part of support services related to the Software. Codewarp agrees not to use this information in a form that personally identifies you.
10. DERIVATIVE WORKS. You shall not, nor permit any third party to, modify, translate or create derivative works of the Software.
11. EXPORT RESTRICTIONS. You acknowledge that Software is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
12. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CODEWARP AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
15. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CODEWARP OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CODEWARP OR ANY SUPPLIER, AND EVEN IF CODEWARP OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. APPLICABLE LAW. This EULA is governed by the laws of the State of Minnesota.
17. ENTIRE AGREEMENT. This EULA, including any addendum or amendment to this EULA which is included with the Software, are the entire agreement between you and Codewarp relating to the Software and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any Codewarp policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
18. UNITED STATES GOVERNMENT RESTRICTED RIGHTS. If you are an agency, department or entity of the United States Government ("Government"), then use, reproduction, release, modification or disclosure of the Software, or any part thereof, including technical data, is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202 for military agencies. The Software is a commercial product that was developed at private expense. The use of the Software by any Government agency, department or other agency of the Government is further restricted as set forth in this EULA.
19. You agree (i) not to remove any copyright or proprietary rights notices of Codewarp on any copy of the Software made available to you hereunder and (ii) to reproduce and include any copyright or other proprietary rights notices of Codewarp on all copies of the Software, in whole or in part, in any form.
Modified: 06/19/2004