ActiveState_Komodo_Edit license

ActiveState_Komodo_Edit (text/plain), 10.06 KB, created by email_deleted_GqKU on 2007-03-23 18:08:41 UTC

ACTIVESTATE® KOMODO® EDIT LICENSE AGREEMENT

Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE.  By
using and installing ActiveState’s Software or, where applicable, choosing the
"I ACCEPT..." option at the end of the License you indicate that you have read,
understood, and accepted the terms and conditions of the License. IF YOU DO NOT
AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE
SOFTWARE. If the Software is already downloaded or installed, you should
promptly cease using the Software in any manner and destroy all copies of the
Software in your possession. You, the user, assume all responsibility for the
selection of the Software to achieve your intended results and for the
installation, use and results obtained from the Software. If you have any
questions concerning this, you may contact ActiveState via email at
[e-mail]. 

This ActiveState License ("License") is made between ActiveState Software Inc.
("ActiveState") as licensor, and you, as licensee, as of the date of your use
of the Software (the Software is in use on a computer when it is loaded into
the RAM or installed into the permanent memory (e.g., hard disk or other
storage device) of that computer.). 

This License reflects ActiveState’s intent to retain full ownership of and
control of the use and distribution of ActiveState Komodo Edit, and other
applicable software (collectively the "Software").

1. License Grant.  Subject to the terms and conditions of this License,
ActiveState grants to you a personal, non-exclusive, non-transferable, and
limited license to use the Software solely to create, compile, test and deploy,
in source or object code form, your own application programs ("Works").  You
may create redistributable applications based on your unique development work
using the Software and you may sublicense to end users of such Works ("End
Users") the personal, non-exclusive, non-transferable right to install and
execute the files, and/or libraries that are necessary to use the Works created
using the Software.  Use of such files and/or libraries by such End Users is
limited to runtime purposes only.  You may not provide any End User with access
to the development or interactive capabilities of the Software libraries or
technology, nor may you expose the base programming language(s) as a scripting
language within the Works to any such End User.  ActiveState authorizes you to
use the Software only in the following specific contexts:

(i) Commercial Use. ActiveState authorizes Commercial Use, you may use the
software on more than one computer or on a network. (A "network" is any
combination of two or more computers that are electronically linked and capable
of sharing the use of a single software program.) You are not permitted to
sell, share, lease, distribute, transfer, sublicense, or otherwise dispose of
the Software, in whole or in part, for any form of actual or potential
commercial gain or consideration. You may use this Software for commercial or
non-commercial purposes without charge. You may make and give away verbatim
copies of this Software for personal use, for use within your organization, or
for use by others, provided that you duplicate all of the original copyright
notices and associated disclaimers. You may distribute copies of this Software,
or copies of Works derived from this Software, or cause by Your actions copies
of this Software to be distributed, or copies of Works derived from this
Software, to others outside your organization without specific prior written
permission from ActiveState (although you are encouraged to direct them to
sources from which they may obtain it for themselves).


(ii) Other Use. Any use of the software other than the uses specified above
requires a separate license from ActiveState and the payment of additional
license fees as determined by ActiveState.  Such additional redistribution
options are available, at ActiveState’s sole discretion, on a case-by-case
basis.  Contact Sales@ActiveState to discuss any redistribution options not
covered by this license agreement.  ActiveState reserves all rights not
expressly granted to you herein.

2. Termination. This License Agreement is effective until terminated.
ActiveState may terminate this License immediately and without prior notice if
you breach any term of this License or for any other commercially reasonable
ground. In the event of any termination or expiration, you agree to immediately
destroy and/or erase the original and all copies of the Software, any
accompanying documentation and to discontinue their use and you will not retain
or store the Software or any copies thereof, in any form or medium. 

3. Proprietary Rights. The Software is licensed, not sold, to you. ActiveState
reserves all rights not expressly granted to you. Ownership of the Software and
its associated proprietary rights, including but not limited to patent and
patent applications, are retained by ActiveState. The Software is protected by
the copyright laws of Canada and the United States and by international
treaties. Therefore, you must comply with such laws and treaties in your use of
the Software. You agree not to remove any of ActiveState’s copyright,
trademarks and other proprietary notices from the Software.

4. Distribution. Except as may be expressly allowed in Section 1, or as
otherwise agreed to in a written agreement signed by both you and ActiveState,
you will not distribute the Software, either in whole or in part, in any form
or medium.

5. Transfer and Use Restrictions. You may not sell, license, sub-license, lend,
lease, rent, share, assign, transmit, telecommunicate, export, distribute or
otherwise transfer the Software to others, except as expressly permitted in
this License Agreement or in another agreement with ActiveState.  In order to
use the Software you will be required to agree to this License Agreement for
the use of the Software.  You must comply with all applicable Canadian and
other export control laws in your use of the Software.  Except as may be
expressly permitted above, you may not modify, reverse engineer, decompile,
decrypt, extract or otherwise disassemble the Software.

6. NO WARRANTY. ACTIVESTATE MAKES NO WARRANTIES WHATSOEVER REGARDING THE
SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION IN
ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION IN EVERY COMBINATION OF HARDWARE
PLATFORM OR SOFTWARE ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE WITH EVERY
COMPUTER SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME
THE ENTIRE COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS. 

7. DISCLAIMER. ACTIVESTATE DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM
BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS AND ACTIVESTATE MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING ITEMS INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. LIMITATION OF LIABILITY. ACTIVESTATE WILL HAVE NO LIABILITY OR OBLIGATION
FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF
SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR CONSEQUENTIAL DAMAGES,
ARISING OUT OF THIS LICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE. IN NO
EVENT WILL ACTIVESTATE’S TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT
(INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY) WITH
REGARD TO THE SOFTWARE AND/OR THIS LICENSE EXCEED THE LICENSE FEE PAID BY YOU
TO ACTIVESTATE. FURTHER, ACTIVESTATE WILL NOT BE LIABLE FOR ANY DELAY OR
FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LICENSE AS A RESULT OF ANY CAUSES
OR CONDITIONS BEYOND ACTIVESTATE’S REASONABLE CONTROL.

9. U.S. Government Restricted Rights Legend. If the Software is acquired by any
agency or other part of the U.S. government in a transaction subject to the
Federal Acquisition Regulations or the Defense Federal Acquisition Regulations,
the Software is furnished with Restricted Rights. Use, duplication, or
disclosure of the Software by the U.S. government is subject to all applicable
restrictions set forth in such Regulations, as amended from time to time,
including subparagraphs (c)(1) and (2) of the Commercial Computer Software -
Restricted Rights clause at Section 48 C.F.R. 52.227-19.

10. Entire Agreement. This License and the Usage License Agreement constitutes
the entire agreement between you and ActiveState regarding the Software and all
accompanying documentation. If any provision is found to be invalid by a court
of competent jurisdiction, the balance of the provisions will remain in full
force and effect. This License will be governed by and construed in accordance
with the laws of the Province of British Columbia, Canada, excluding its
conflict of laws rules. The parties hereby attorn to the jurisdiction of the
courts of the Province of British Columbia in the event of any dispute
hereunder. The provisions of the U.N. Convention on Contracts For The
International Sale of Goods (1980) and any successor Convention, will not apply
to this License.

11. Inurement. The rights, restrictions, limitations, disclaimers and remedies
granted to, retained by, or for the benefit of ActiveState will inure to the
benefit of and will be enforceable by ActiveState and its licensors, successors
and assigns. You may not assign your rights, obligations and interest in and to
this License without the prior written consent of ActiveState. The obligations,
covenants and rights which apply to you will inure to your benefit and will be
binding on you and your permitted successors and assigns. 

BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CHOOSING THE "I ACCEPT..."
OPTION, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND
CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS,
YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE.