ActiveState_Komodo_IDE license

ActiveState_Komodo_IDE (text/plain), 10.55 KB, created by email_deleted_GqKU on 2007-03-23 21:49:53 UTC

ACTIVESTATE® KOMODO® IDE 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 IDE, the 
License Key (as hereinafter defined) 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.  When you pay the license fee established by 
ActiveState, you will receive a license key (the "License Key") from 
ActiveState that authorizes you to use the Software only in the 
following specific contexts:

(i) Commercial Use. If your License Key authorizes Commercial Use, you 
may use the software on more than one computer or on a network so long 
as you are the sole user of the Software. (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 will 
obtain a separate license for each additional user of the Software 
(whether or not such users are connected on a network). You are not 
permitted to sell, 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.

(ii) Evaluation (Trial) Use. If your License Key authorizes Evaluation 
(Trial) Use you may use the software only for evaluation purposes 
without payment of the License Fee for a period of no more than twenty-
one (21) days from the date of download. 

(iii) Non-commercial Use. If your License Key authorizes Non-commercial 
Use, you may use the software in a teaching or learning environment 
only. You are not permitted to sell, 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.  

(iv) 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 
License Keys 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 obtain a License Key and agree to this License Agreement 
for the use of the Software.  You will not disclose or provide access 
to your License Key to any other person or entity.  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.