The BOCALOCO Software LLC license-agreement

BOCALOCO (text/plain), 30.11 KB, created by Nils Andresen on 2004-06-24 04:12:14 UTC

Bocaloco Software LLC


LICENSE TERMS


XMLBuddy?


 NOTICE: THIS SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF BOCALOCO 
SOFTWARE LLC ("BOCALOCO"). THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE FOLLOWING LICENSE 
AGREEMENT ("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF THIS LICENSE IS 
AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT. 


Bocaloco is only willing to grant you this License if you obtained the Product from Bocaloco or a Bocaloco authorized reseller. 
If you obtained the Product from any other source you may not install or use the Product. 


1. Ownership. The Product is proprietary to Bocaloco. The Product is licensed, not sold, to you notwithstanding any reference 
herein to "purchase." You acknowledge and agree that: (a) the Product is protected under U.S. copyright and other laws; (b) 
Bocaloco and its licensors retain all copyrights and other intellectual property rights in the Product; (c) there are no 
implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Bocaloco; (d) you 
acquire no ownership or other interest (other than your license rights) in or to the Product; and (e) Bocaloco owns all copies 
of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Bocaloco's ownership of 
the Product, nor will you challenge the validity of Bocaloco's rights in the Product. You have no rights hereunder to use any 
trademark or service mark belonging to Bocaloco. 


2. Grant of license and scope of use. 


2.1 Grant of License. Subject to the terms and conditions of this Agreement, Bocaloco grants to you, as an individual, a 
personal, nonexclusive, nontransferable and limited license to install and execute the Product on one (1) computer to create 
"Works" for personal or commercial use. All rights not specifically granted to you herein are retained by Bocaloco. 


2.2 Multiple Licensed Copies. You may purchase from Bocaloco or its authorized reseller the right to make multiple copies of 
the Product (each, a "Licensed Copy) or the right to permit multiple Named Users to use a Licensed Copy. Such rights will be 
effective only when granted in writing by Bocaloco or its authorized reseller and are conditioned upon your payment of the 
applicable fees. If you purchase the right to make multiple Licensed Copies, you are granted, for each Licensed Copy, the 
personal, nonexclusive, nontransferable and limited license to install and execute the Licensed Copy on one (1) computer solely 
as permitted under Section 2.1, subject to all the terms and conditions of this Agreement. If you purchase the right to permit 
multiple Named Users to use a Licensed Copy then you are granted for such Licensed Copy, the personal, nonexclusive, 
nontransferable and limited license to install and execute the Licensed Copy on one (1) computer solely as permitted under 
Section 2.1 exclusively for use by such number of Named Users, subject to all the terms and conditions of this Agreement. You 
agree that you will not install or execute the Product on more computers than the number Licensed Copies that Bocaloco or its 
authorized reseller has expressly permitted you to make and you will not allow the Product to be used by more users than the 
number of Named Users that Bocaloco or its authorized reseller has expressly permitted to use each Licensed Copy. 


3. Special terms. The following terms and conditions ("Special Terms") are specific to certain editions, versions and 
components of the Product and are in addition to the provisions of Section 2. If any provision of the Special Terms applicable 
to the Product conflicts with any other provision of this License, then the provision of the Special Terms will supercede and 
control. 


3.1 Special terms applicable to Prerelease software. Prerelease versions of the Product are provided to registered "Testers" in 
exchange for the Testers' voluntary cooperation in finding and reporting bugs in the software for a fixed period of time ("Test 
Period") prior to release of the software. Prerelease software is, by definition, software that does not work. Testers use 
Prerelease software at their own risk. Bocaloco will not respond to inquiries about Prerelease software after the Test Period. 
Selection of Testers is entirely at Bocaloco's discretion. Past participitation as a Tester is no guarantee of future 
participation. 


3.2 Special terms applicable to free software. Special, limited-capability versions of the product, referred to by the name 
"XMLBuddy" with no qualifiers such as "Pro", are provided free of charge. The provisions in Sections 7 and 10 are not 
applicable to free versions. All other Sections remain in force. In particular, note that you may not re-distribute the 
Software without written permission of Bocaloco. 


3.3 Special terms applicable to Plugin software. Plugin editions of the Product will be accompanied by information detailing 
the versions of Eclipse software and operating environments the Plugin was tested with. These are the only supported 
configurations. You may, at your own risk, attempt to install and run the Plugin with any other version of Eclipse, or any 
product derived from Eclipse, in any other operating environment ("Unsupported Configuration"). The sole response, if any, to a 
problem report involving an Unsupported Configuration may be that the configuration is not supported. 


3.4 Special terms applicable to products licensed for educational use. Subject to the terms and conditions of this Agreement, 
you may exercise your rights under this license to use the Product and to create Works solely for your own personal use in 
providing or receiving instruction within the limited scope of guided computer programming and/or software training courses in 
which you are a direct and personal participant, either as student or instructor ("Courses"). You may only reproduce, 
distribute and use Works, in source or object code form, to other participants of the Courses and then only for educational or 
training purposes. You may not use the Products or Works created with the products for any commercial, business, governmental 
or institutional purpose of any kind, except to the extent you are an instructor teaching a Course. You may also make one (1) 
backup copy of the Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. 
All rights not specifically granted to you herein are retained by Bocaloco. 


3.5 Special terms applicable to Third-Party Software. Certain components of the Product use or incorporate third-party software 
programs and/or libraries ("Third-Party Software") which are loaded (in object or source code form, or both) on the Product 
media. You agree that Bocaloco's third-party licensors and suppliers are intended third party beneficiaries of all terms and 
conditions of this License intended to protect intellectual property rights in the Product (including the Third-Party 
Software), limit certain uses thereof and disclaim warranty. 


3.5.1 Special terms applicable to Eclipse software. Certain Product editions may include unmodified Third Party Software from 
Eclipse.org (http://eclipse.org) and its Contributors ("Eclipse software"). Source code for Eclipse software is available 
directly from Eclipse.org or, if such software is included with the Product, from Bocaloco. Eclipse software is separately 
licensed under the terms of the Common Public License (CPL) 1.0. 


3.5.2 Special terms applicable to Apache software. The Product includes Third 
Party Software developed by Apache Software Foundation 
(http://www.apache.org/). THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY 
EXPRESSED 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 APACHE SOFTWARE FOUNDATION OR ITS 
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. 


3.5.3 Special terms applicable to Thai Open Source Software Center Ltd 
software. Copyright (c) 2002, 2003 Thai Open Source Software Center Ltd 
All rights reserved. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS 
AND CONTRIBUTORS "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 REGENTS 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. 


3.5.4 Special terms applicable to DTD Generator and Saxon. The DTD 
Generator is made available under the terms of the Mozilla Public License 
1.0. Source code for modifications to DTD Generator and/or Saxon are 
available from Bocaloco upon request. UNDER NO CIRCUMSTANCES AND UNDER NO 
LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, 
SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY 
DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE 
LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR 
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, 
DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR 
MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF 
SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. 
THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR 
PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT 
APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW 
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 
THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. 


3.5.5 Special terms applicable to Jaxen. Copyright. (C) 2000-2002 bob 
mcwhirter & James Strachan. All rights reserved. Redistribution and use in 
source and binary forms, with or without modification, are permitted 
provided that the following conditions are met: 1. Redistributions of 
source code must retain the above copyright notice, this list of 
conditions, and the following disclaimer. 2. Redistributions in binary 
form must reproduce the above copyright notice, this list of conditions, 
and the disclaimer that follows these conditions in the documentation 
and/or other materials provided with the distribution. 3. The name "Jaxen" 
must not be used to endorse or promote products derived from this software 
without prior written permission. For written permission, please contact 
[e-mail]. 4. Products derived from this software may not be 
called "Jaxen", nor may "Jaxen" appear in their name, without prior 
written permission from the Jaxen Project Management ([e-mail]). In 
addition, we request (but do not require) that you include in the end-user 
documentation provided with the redistribution and/or in the software 
itself an acknowledgement equivalent to the following: "This product 
includes software developed by the Jaxen Project (http://www.jaxen.org/)." 
Alternatively, the acknowledgment may be graphical using the logos 
available at http://www.jaxen.org/ THIS SOFTWARE IS PROVIDED ``AS IS'' AND 
ANY EXPRESSED 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 Jaxen AUTHORS OR THE PROJECT 
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. 


3.5.6 Special terms applicable to Saxpath. Copyright. (C) 2000-2002 werken 
digital. All rights reserved. Redistribution and use in source and binary 
forms, with or without modification, are permitted provided that the 
following conditions are met: 1. Redistributions of source code must 
retain the above copyright notice, this list of conditions, and the 
following disclaimer. 2. Redistributions in binary form must reproduce the 
above copyright notice, this list of conditions, and the disclaimer that 
follows these conditions in the documentation and/or other materials 
provided with the distribution. 3. The name "SAXPath" must not be used to 
endorse or promote products derived from this software without prior 
written permission. For written permission, please contact 
[e-mail]. 4. Products derived from this software may not be 
called "SAXPath", nor may "SAXPath" appear in their name, without prior 
written permission from the SAXPath Project Management ([e-mail]). 
In addition, we request (but do not require) that you include in the 
end-user documentation provided with the redistribution and/or in the 
software itself an acknowledgement equivalent to the following: "This product 
includes software developed by the SAXPath Project 
(http://www.saxpath.org/)." Alternatively, the acknowledgment may be 
graphical using the logos available at http://www.saxpath.org/ THIS SOFTWARE 
IS PROVIDED ``AS IS'' AND ANY EXPRESSED 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 SAXPath AUTHORS OR 
THE PROJECT 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. 


4. Limitations. You may not: (a) modify, adapt, alter, translate, or create 
derivative works of the Product or merge the Product with other software 
other than as described in the Product's accompanying documentation or as 
approved of in writing by Bocaloco; (b) lease, rent or loan the Product to 
any third party; (c) sublicense, distribute or otherwise transfer the Product 
or any component thereof to any third party except as expressly authorized 
under Section 3; (d) reverse engineer, decompile, disassemble, or otherwise 
attempt to derive the source code of the Product; (e) remove, alter, or 
obscure any confidentiality or proprietary notices (including copyright and 
trademark notices) of Bocaloco or its suppliers on the Product; (f) allow 
third parties to access or use the Product such as in a time-sharing 
arrangement or operate the Product as part of a service bureau or, except as 
expressly authorized under Sections 2 or 3, otherwise for the use or benefit 
of third parties; (g) reproduce or use the Product except as expressly 
authorized under Sections 2 and 3; or (g) disclose or publish "keys" that 
enable Product functionality. The rights granted under this License apply 
only to this Product. You must procure a separate license to use other 
Bocaloco software. The limitations in this Section 4 apply to your use of the 
Product in whole or in part. 


5. LIMITED WARRANTY AND DISCLAIMER. Bocaloco warrants to you, the original 
purchaser and to no other party, that any physical media included with the 
Product, as and when provided to you, will be free of physical defects in 
materials and workmanship for a period of ninety (90) days after the date 
that you initially acquire the Product. Your exclusive remedy and Bocaloco's 
sole liability for breach of this warranty is that Bocaloco will replace any 
defective media returned to Bocaloco within the ninety (90) day warranty 
period. This warranty does not apply to damages resulting from misuse, abuse 
or neglect. Any replacement media will be warranted as above for the 
remainder of the original warranty period or twenty (20) days from the date 
we ship it to you, whichever is longer. 


EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS IS" AND 
WITHOUT WARRANTY OF ANY KIND. BOCALOCO HEREBY EXCLUDES AND DISCLAIMS ALL 
IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, 
EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE 
ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK 
FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT BOCALOCO MAY 
NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND 
DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. SOME 
STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE 
EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC 
LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE 
TO STATE. 


6. Services, updates and product changes. Bocaloco is not required under this 
License to provide any installation, training or other services to you. Such 
services, if available, must be purchased separately. If, pursuant to a 
separate support agreement or otherwise, Bocaloco provides you with a new 
release, error correction, update, upgrade or other modification to the 
Product, such modification will be deemed part of the Product, and subject to 
the terms of this License, unless the modification is expressly provided 
subject to a separate license agreement. Bocaloco reserves the right at any 
time not to release or to discontinue release of any Product and to alter 
prices, features, specifications, capabilities, functions, licensing terms, 
release dates, general availability or other characteristics of any future 
releases of the Product. 


7. Registration. You must register the Product with Bocaloco as a condition 
to your rights to use the Product. You will be prompted to register the 
Product at the time of your installation or first use of the Product, at 
which time you will be notified (or directed to online resources explaining) 
how registration information provided by you may be used and you will be 
afforded the opportunity to opt out of certain uses of such information. 


8. Confidentiality. The codes known as License Keys are confidential 
information of Bocaloco. You agree to hold this information in confidence, 
not disclose it to any person (other than your employees and individual 
contractors who are otherwise eligible to use the Product and who have agreed 
to keep confidential any of Bocaloco's confidential information that you 
provide to them). If you are required by law or order of a court or other 
government authority to disclose Bocaloco's confidential information, then 
you will notify Bocaloco as soon as possible and as permitted by the 
requiring authority. 


9. LIMITATION OF LIABILITY. 


IN NO EVENT WILL BOCALOCO BE LIABLE TO ANY PARTY FOR ANY INDIRECT, 
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING 
ANY COSTS OF PROGRAM ERRORS, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR 
DATA, NON-COMPLIANCE WITH APPLICABLE LAWS OR UNAVAILABILITY AND INTERRUPTION 
OF OPERATIONS, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, 
WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF BOCALOCO KNEW, SHOULD HAVE 
KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOCALOCO'S 
TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE 
PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES 
ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION 9 WILL APPLY EVEN IF AN 
EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES 
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL 
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 


10. Audit. During the term of this License and for one (1) year thereafter, 
upon reasonable notice and during normal business hours, Bocaloco or its 
outside auditors will have the right to enter your premises and access your 
records and computer systems to verify that you have paid to Bocaloco the 
correct amounts owed under this License and determine whether the Products 
are being used in accordance with the terms of this License. You will provide 
reasonable assistance to Bocaloco in connection with this provision. You 
agree to pay the cost of the audit if any underpayments during the period 
covered by the audit amount to more than five percent (5%) of the fees 
actually owed for that period. 


11. Term and Termination. 


11.1 Term. The term of this License will begin as of the date that you 
receive the Product and will remain in effect perpetually unless terminated 
under this Section 11. 


11.2 Termination for Convenience. You may terminate this License for any 
reason, or for no reason, by giving Bocaloco five (5) days' written notice. 


11.3 Termination for Cause. Bocaloco may terminate this License if you breach 
your obligations hereunder. Bocaloco will effect such termination by giving 
you notice of termination, specifying therein the alleged breach. If your 
breach is curable, you will have a grace period of thirty (30) days after 
such notice is served to cure the breach described therein. If the breach is 
cured within the thirty (30) day grace period, then this License will remain 
in effect; otherwise, this License will automatically terminate upon the 
conclusion of the thirty (30) day grace period. 


11.4 Effect of Termination. Upon the termination of this License for any 
reason the following terms shall apply: (a) all rights granted under this 
License will immediately terminate and you must stop all use of the Product; 
(b) you must immediately pay to Bocaloco all fees and expenses accrued prior 
to the effective date of termination; (c) you must return to Bocaloco or 
destroy all copies of the Product provided to or made by you, and will, 
within ten (10) days after the effective date of termination, provide 
Bocaloco with written certification that all such copies have been returned 
or destroyed; (d) you must return to Bocaloco all of its other confidential 
information that you have received during the term of this License; and (e) 
all provisions of this Agreement with the exception of the licenses granted 
in Sections 2 and 3, will survive termination of this License for any reason. 


12. General provisions. 


12.1 Canadian Transactions. If you are subject to Canadian law, you agree to 
the following: The parties hereto have expressly required that the present 
License and its Exhibits be drawn up in the English language. / Les parties 
aux presentes ont expressement exige que la presente Convention et ses 
Annexes soient redigees en langue anglaise. 


12.2 Hazardous Uses. The Product is not intended for use, and you may not use 
or allow others to use the Product, in connection with any application 
requiring fail-safe performance such as the operation of nuclear power 
facilities, air traffic control or navigation systems, weapons control 
systems, life support systems, or any other system whose failure could lead 
to injury, death, environmental damage or mass destruction. You agree that 
Bocaloco will have no liability of any nature, and you are solely 
responsible, for any expense, loss, injury or damage incurred as a result of 
such use of the Product. 


12.3 Governing Law; Venue and Jurisdiction. This License will be governed by 
and construed in accordance with the laws of the United States and the State 
of Minnesota, without giving effect to any conflicts or choice of laws 
principles that would require the application of the laws of a different 
jurisdiction. The parties expressly exclude the application of the 1980 
United Nations Convention on the International Sale of Goods (if applicable). 
Subject only to the provisions of Section 12.6, any legal action, suit or 
proceeding arising out of or relating to this License must be instituted 
exclusively in a court of competent jurisdiction, federal or state, located 
within the State of Minnesota, and in no other venue. Each party further 
irrevocably consents to personal jurisdiction and venue in, and agrees to 
service of process issued or authorized by, any such court. 


12.4 No Jury Trials; No Joinder. Each party hereby irrevocably waives its 
right to a jury trial in any legal action, suit or proceeding between the 
parties arising out of or relating to this License. A copy this License may 
be filed with the court as written consent by both parties to a bench trial. 
You agree that any dispute you may have against Bocaloco cannot be joined 
with any dispute of any other person or entity in a lawsuit, arbitration or 
any other proceeding, or resolved on a classwide basis. 


12.5 Severability. If any provision of this Agreement is held to be illegal, 
invalid or unenforceable for any reason, then such provision will be enforced 
to the maximum extent permissible and the remainder of the provisions of this 
Agreement will remain in full force and effect. 


12.6 Equitable Relief. The parties acknowledge and agree that it is 
impossible to measure in money the damages that will accrue to Bocaloco by 
reason of your breach of this Agreement and that such a breach will cause 
irreparable harm to Bocaloco. In addition to any other right or remedy 
available at law or in equity Bocaloco will be entitled to specific 
performance or injunctive relief to enforce or prevent any breach of Sections 
2, 3, 4, 6 or 8 without posting a bond or other security, and may apply to 
any court of competent jurisdiction for such relief notwithstanding the 
provisions of Section 12.3. 


12.7 Attorneys' Fees. In any action, suit or proceeding arising out of or 
relating to this License, Bocaloco, if it is the prevailing party, will be 
entitled to recover from you its reasonable attorneys' fees and expenses in 
addition to any other relief that may be awarded. 


12.8 Notices. A notice that is required or permitted under this Agreement 
must be in writing and may be delivered by facsimile, electronic mail, hand 
delivery, courier or mail. Notice will be deemed effective upon the earlier 
of actual receipt by the intended recipient or five (5) days after deposit 
with the U.S. Postal Service as certified or registered mail (postage prepaid 
and return receipt requested) addressed to recipient at its address set forth 
on the first page above or as amended by notice pursuant to this section. 


12.9 Assignment. You may not assign this License or assign any of your rights 
or delegate any of your obligations under this License, by operation of law 
or otherwise (including by merger, sale of assets or consolidation), without 
Bocaloco's prior written consent, which may be granted, conditioned or 
withheld in Bocaloco's sole discretion. Any attempted assignment in violation 
of this Section 12.9 will be void and will constitute a material breach of 
this Agreement. Notwithstanding the foregoing, Bocaloco may assign this 
License at any time in its sole discretion. Subject to the foregoing, this 
Agreement will be binding upon and will inure to the benefit of the parties 
and their respective successors and permitted assigns. 


12.10 Export Control. You may not directly or indirectly transfer the 
Product, including its documentation, to any country if such transfer would 
be prohibited by applicable law, including the U.S. Export Administration Act 
and the regulations issued thereunder. You agree to the foregoing and you are 
representing and warranting that you are not located in, under the control 
of, or a national or resident of any such country. You will be solely 
responsible for identifying and complying with all laws of any jurisdiction 
outside of the United States regarding the import, export or use of Products 
and technical data supplied by Bocaloco. You will obtain at your own expense 
all licenses, permits or approvals required by any government to use the 
Product. 


12.11 U.S. Government Rights. The Product is a "commercial item" as that term 
is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" 
and "commercial computer software documentation" as such terms are used in 48 
C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 
through 227.7202-4, all U.S. Government end users acquire the Product with 
only those rights set forth in this License. 


12.12 Waiver and Modifications. All waivers must be in writing. Any waiver or 
failure to enforce a provision of this License on one occasion shall not be 
deemed a waiver of any other provision or such provision on any other 
occasion. This License may only be amended by a written document signed by 
both parties. 


12.13 Entire License. This License constitutes the entire, final and 
exclusive agreement between you and Bocaloco regarding the specific license 
transaction described herein. No prior agreements, understandings, 
statements, proposals or representations, written or oral, apply. No written 
or oral statement, advertisement or product description not expressly 
contained in this License can be used to alter or supplement its terms. You 
may not rely on any representations or statements not contained in this 
Agreement. Headings in this License are for reference only and have no effect 
on any provision's meaning. 


If you have any questions about this License, please contact Bocaloco. 


Bocaloco Software LLC 
8138 Archer Lane 
Maple Grove, MN 55311