3SP SOFTWARE LICENSE
3SP LTD (“3SP”) IS WILLING TO LICENSE THIS
SOFTWARE AND ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SOFTWARE")
UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT
("AGREEMENT"). PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR
USING THE SOFTWARE IN ANY WAY INCLUDING THE ACT OF INTEGRATING THE SOFTWARE
INTO A DERIVATIVE WORK (“NAMED PRODUCT”). BY INSTALLING OR USING THE SOFTWARE,
YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, 3SP WILL NOT LICENSE
THE SOFTWARE TO YOU ("YOU", “YOUR”), AND YOU SHOULD NOT INSTALL OR
USE THE SOFTWARE.
TYPES OF LICENSES
In order to install and use the Software, You must obtain one of the following
four types of licenses: (1) Evaluation License or (2) Foundation License or (3)
Professional License or (4) Enterprise License.
If You would like to try using the Software before
purchasing a Foundation, Professional or Enterprise License, then You may wish
to obtain an Evaluation License. This will allow You
to use the Software for free for a period of up to twenty-one (21) days
("Free Trial Period"). After expiration of the Free Trial Period, if You want to continue using the Software, then You must
purchase a Foundation, Professional or Enterprise License.
Otherwise, if You want to use the Software, You must
purchase a Foundation, Professional or Enterprise License and You will be
subject to the terms and conditions of that license contained herein.
GRANT OF LICENSE
You may use the Software only under one of the following three types of
licenses at any time:
1. EVALUATION LICENSE
Provided that You have selected an Evaluation License, and subject to the terms
and conditions contained herein, 3SP hereby grants to You, an end user, for a
period not to exceed twenty-one (21) days from the date on which You first
start using the Software ("Evaluation Period") a non-transferable,
non-exclusive, non-sublicensable license, free of
charge, to install and use the Software for the sole purpose of internally
evaluating the Software. Any use of the Software beyond the Evaluation
Period requires payment of license fee(s). You agree that on or before the end
of the Evaluation Period, You will either pay the
required license fee(s) for a Foundation, Professional or Enterprise License or
cease using the Software, destroy any copies that you have made, and remove the
Software from your computers. Failure to register the Software or remove
the Software from system after the 21-day evaluation period will be a violation
of this software agreement.
2. FOUNDATION LICENSE
Provided that You have selected and paid the required license fee(s) for a
Foundation License, and subject to the terms and conditions contained herein,
3SP hereby grants to You, and end user, a perpetual, non-transferable,
non-exclusive, non-sublicensable license to install
and use the Software on one computer only, for use by one developer only, at one geographical site. In addition, subject to the terms and conditions contained
herein and provided You have paid the required license fee, 3SP hereby grants
You, an end user, a perpetual, non-transferable, non-exclusive, non-sublicensable license, free of charge, to: (1) use the
Software for designing, developing, testing, and
deploying the single Named Product, at one geographical site, and (2) to make one backup copy of the Software solely for backup or archival
purposes (4), reproduce and distribute, in executable form only, the single Named
Product that you create using the Software without additional license or fees,
subject to all of the conditions in this License Agreement. (5) to use textual and
pictorial matter pertaining to the Software (in particular the user
manual and other user documentation) as well as 3SP trademarks and trade names
associated with the Software to the extent and on such promotional display and
advertising as may at Your discretion promote the sale of the Software, (6) to
demonstrate the single Named Product to any bona fide prospective customer.
3. PROFESSIONAL LICENSE
Provided that You have selected and paid the required license fee(s) for a
Professional License, and subject to the terms and conditions contained herein,
3SP hereby grants to You, and end user, a perpetual, non-transferable,
non-exclusive, non-sublicensable license to install
and use the Software on any number of computers, at one geographical
site. In addition, subject to the terms and conditions contained herein
and provided You have paid the required license fee(s), 3SP hereby grants You,
an end user, a perpetual, non-transferable, non-exclusive, non-sublicensable license, free of charge, to: (1) use the
Software for designing, developing, testing, and deploying application programs
which you create, for a single Named Product, at one geographical site, and (2)
to make copies of the Software for the purposes of designing, developing,
testing and deploying the single Named Product that you create using the
Software without additional license or fees, subject to all of the conditions
in this License Agreement. (4) to reproduce and
distribute, in executable form only, the single Named Product which you create
using the Software without additional license or fees, subject to all of the
conditions in this License Agreement. (5) to use textual and pictorial matter
pertaining to the Software (in particular the user manual and other user
documentation) as well as 3SP trademarks and trade names associated with the
Software to the extent and on such promotional display and advertising as may
at Your discretion promote the sale of the Software, (6) to demonstrate the
Named Product to any bona fide prospective customer.
4.
Provided
that You have selected and paid the required license fee(s) for an Enterprise
License, and subject to the terms and conditions contained herein, 3SP hereby
grants to You, and end user, a perpetual, non-transferable, non-exclusive, non-sublicensable license to install and use the Software on
the number of computers for which You have paid the applicable fee, for a
single Named Product only, at one geographical site. In addition, subject
to the terms and conditions contained herein and provided You have paid the
required license fee(s), 3SP hereby grants You, an end user, a perpetual, non-transferable,
non-exclusive, non-sublicensable license, free of
charge, to: (1) use the source code of the Software only to modify and create
derivative works thereof, and compile object code modules there from in order
to integrate/embed the Software into the single Named Product, and (2) to make copies of and use the Software, to embed and use the Software in or
in connection with the single Named Product, to integrate the Software into
documentation relating to the single Named Product, and for Your internal use for purposes
of research, testing, pre-
SOURCE CODE IS SOLD AS IS. 3SP DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
3SP and/or its licensors reserve
all rights not expressly granted to You herein. Any
license granted by 3SP under this Agreement is not a sale of the Software or
any copy of the Software. The Software contains valuable trade secrets of 3SP
and its licensors. All worldwide ownership of and all rights, titles and
interests in and to the Software, and all copies and portions of the Software,
including without limitation, all intellectual property rights therein and
thereto, are and will remain exclusively with 3SP. The Software is protected,
among other ways, by the copyright laws of
USE RESTRICTIONS
You may not:
(i) use the Software, except under the terms listed
above;
(ii) modify, translate, reverse engineer, decompile, disassemble or otherwise
attempt to reconstruct or discover the source code from the binaries of the
Software, except to the extent applicable laws specifically prohibit such
restriction and except that You may create patches, bug fixes or additional features
and bundle or distribute the Software with certain operation systems as
specified above;
(iii) create derivative works based on the Software for purposes other than
bona fide evaluation usage subject to the terms of the Evaluation License
contained herein (e.g. incorporating the Software in a commercial product or
service without a Foundation, Professional or Enterprise License), except that
You may create patches, bug fixes and additional features and bundle or
distribute the Software with certain operating systems as specified above;
(iv) copy the Software without a valid Professional or Enterprise License
(except for one emergency or back-up copy per license that You have paid for);
(v) rent, lease, sublicense, convey, distribute or otherwise transfer rights to
the Software except for those rights granted with the Enterprise License
provide you have paid the relevant fees.
(vi) remove any product identification, copyright,
proprietary notices or labels from the Software; or
(vii) use any 3SP trademarks in any manner other than their presence within
Your copy of the Software without written permission of 3SP.
(viii) use
the source code in whole or in part, as the basis for creating a general
purpose development tool, library and/or component, or otherwise a product that
provides the same, or substantially the same, functionality as any 3SP product
without the express consent of 3SP Ltd.
Any and all copies made by You as permitted hereunder
must contain all of the original Software's copyright, trademark and other
proprietary notices and marks.
MAINTENANCE, SUPPORT AND UPDATES
The subscription service is provided as a free component of the total license
fee. When products are purchased without the subscription service, 3SP is
under no obligation to maintain or
CONFIDENTIALITY
The Software and any license authorization codes are confidential and
proprietary information of 3SP. You agree to take adequate steps to protect the
Software and any license authorization codes, if any, from unauthorized
disclosure or use. You agree that You will not
disclose the Software, in source code or object code form, to any third party,
except as otherwise provided herein.
WARRANTY
3SP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL
PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE BY REASON OF TRADE USAGE,
CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE
THAT THE SOFTWARE IS PROVIDED "AS IS" AND THAT 3SP DOES NOT WARRANT
THAT THE SOFTWARE WILL RUN UNINTERRUPTED OR ERROR FREE NOR THAT THE SOFTWARE
WILL OPERATE WITH HARDWARE AND/OR SOFTWARE NOT PROVIDED BY 3SP. THIS DISCLAIMER
OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO NOT
ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
LIMITED LIABILITY
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY
YOU. UNDER NO CIRCUMSTANCES WILL 3SP OR ITS LICENSORS BE LIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND
OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY
RELATED TO THE SOFTWARE OR THIS AGREEMENT, EVEN IF 3SP OR ITS LICENSORS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE
BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS,
LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR
IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL 3SP OR ITS LICENSORS BE LIABLE FOR
THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR SERVICES. IN ADDITION, IN NO
EVENT WILL THE TOTAL LIABILITY OF 3SP IN CONNECTION WITH THIS AGREEMENT OR THE
SOFTWARE EXCEED THE ACTUAL AMOUNT PAID TO 3SP, IF ANY, FOR THE SOFTWARE GIVING
RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED OR
LICENSED FOR USE IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS
OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR
LIFE-CRITICAL APPLICATIONS. 3SP EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING
FROM USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED
ON THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
"LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE FUNCTIONING
OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR INDIRECTLY IN PHYSICAL
INJURY OR LOSS OF HUMAN LIFE.
TERMINATION
This Agreement will terminate immediately and automatically without notice if You breach any provision in this Agreement. Upon termination
You will remove all copies of the Software or any part
of the Software from any and all computer storage devices and destroy the
Software. At 3SP's request, You or your authorized
signatory, will certify in writing to 3SP that all complete and partial copies
of the Software have been destroyed and that none remain in your possession or
under your control. The provisions of this Agreement, except for the license
grant and warranty, will survive termination.
EXPORT LAW
You acknowledge and agree that the Software may be
subject to restrictions and controls imposed by the United States Export
Administration Act (the "Act") and the regulations thereunder. You agree and certify that neither the Software
nor any direct product thereof is being or will be acquired, shipped,
transferred, or re-exported, directly or indirectly, into any country, except
pursuant to an export control license under the Act and the regulations thereunder, or will be used for any purpose prohibited by
the same. By using the Software, You are acknowledging and agreeing to the
foregoing, and You are representing and warranting
that You will comply with all of the
GOVERNING LAW
This Agreement is governed by the laws of
MISCELLANEOUS
If any provision hereof shall be held illegal, invalid or unenforceable, in
whole or in part, such provision shall be modified to the minimum extent
necessary to make it legal, valid and enforceable, and the legality, validity
and enforceability of all other provisions of this Agreement shall not be
affected thereby. No delay or failure by either party to exercise or enforce at
any time any right or provision hereof shall be considered a waiver thereof or
of such party's right thereafter to exercise or enforce each and every right
and provision of this Agreement. This Agreement will bind and inure to the
benefit of each party's permitted successors and assigns. You may not assign
this Agreement in whole or in part, without 3SP's prior written consent. Any
attempt to assign this Agreement without such consent will be null and void.
This Agreement is the complete and exclusive statement between You and 3SP relating to the subject matter hereof and
supersedes all prior oral and written and all contemporaneous oral
negotiations, commitments and understandings of the parties, if any. In the
case of any conflict between the terms of this Agreement and the provisions of
any purchase order for the Software, the terms of this Agreement shall control.
COPYRIGHTS
J2SSH Maverick
© Copyright 2003-2004 3sp Ltd, All Rights Reserved.
This software may contain
other copyrighted software which is subject to different license terms. Details
of such software (if any) can be found in the COPYRIGHTS file that accompanies
this license file.