1- Product: Clover
2- License: Open Source License, 0.x, 1.x
3- Issued: Wed Nov 29 2006 13:34:19 CST
4- Expiry: Never
5- Maintenance Expiry: Never
6- Key: 7f17a20b5b090da53672ec2be
7- Name: Julien HENRY
8- Org: JWebUnit
9- Certificate: AAAB5G+Ow8B7/zEbxOMqqKwwrdpP+a1COmJGHco7sCNLjHkHnajPF+dQW
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21- License Agreement: CLOVER VERSION 1 (ONE) SOFTWARE LICENSE AGREEMENT
22-
23- 1. Licenses and Software
24-
25- Cenqua Pty Ltd, an Australian Proprietary Limited Company ("CENQUA")
26- hereby grants to the purchaser (the "LICENSEE") a limited, revocable,
27- worldwide, non-exclusive, nontransferable, non-sublicensable license
28- to use the Clover version 1 (one) software (the "Software"),
29- including any minor upgrades thereof during the Term (hereinafter
30- defined) up to, but not including the next major version of the
31- Software. The licensee shall not, or knowingly allow others to,
32- reverse engineer, decompile, disassemble, modify, adapt, create
33- derivative works from or otherwise attempt to derive source code from
34- the Software provided. And, in accordance with the terms and
35- conditions of this Software License Agreement (the "Agreement"), the
36- Software shall be used solely by the licensed users in accordance
37- with the following edition specific conditions:
38-
39- a) Server Edition
40-
41- A Server Edition license entitles the Licensee to execute one
42- instance of Clover Server Edition on one (1) machine for the purposes
43- of instrumententing source code and generating reports. There are no
44- limitations on the use of the instrumented source code or generated
45- reports produced by Server Edition.
46-
47- b) Workstation Edition
48-
49- A Workstation Edition license entitles the licensee to use Clover
50- Workstation Edition on one (1) machine by one (1) individual end
51- user. Workstation Edition does not permit the generation of reports
52- for distribution.
53-
54- c) Team Edition
55-
56- A Team Edition license entitles the licensee to use Clover Team
57- edition on any number of machines solely by the licensed number of
58- users. Reports generated by Clover Team Edition are strictly for use
59- only by the licensed number of individual end users.
60-
61- 2. License Fee
62-
63- In exchange for the License(s), the Licensee shall pay to CENQUA a
64- one-time, up front, non-refundable license fee. At the sole
65- discretion of CENQUA this fee will be waived for non-commercial
66- projects. Notwithstanding the Licensee's payment of the License Fee,
67- CENQUA reserves the right to terminate the License if CENQUA
68- discovers that the Licensee and/or the Licensee's use of the Software
69- is in breach of this Agreement.
70-
71- 3. Proprietary Rights
72-
73- CENQUA will retain all right, title and interest in and to the
74- Software, all copies thereof, and CENQUA website(s), software, and
75- other intellectual property, including, but not limited to, ownership
76- of all copyrights, look and feel, trademark rights, design rights,
77- trade secret rights and any and all other intellectual property and
78- other proprietary rights therein. The Licensee will not directly or
79- indirectly obtain or attempt to obtain at any time, any right, title
80- or interest by registration or otherwise in or to the trademarks,
81-
82- service marks, copyrights, trade names, symbols, logos or
83- designations or other intellectual property rights owned or used by
84- CENQUA. All technical manuals or other information provided by CENQUA
85- to the Licensee shall be the sole property of CENQUA.
86-
87- 4. Term and Termination
88-
89- Subject to the other provisions hereof, this Agreement shall commence
90- upon the Licensee's opting into this Agreement and continue until the
91- Licensee discontinues use of the Software or the Agreement terminates
92- automatically upon the Licensee's breach of any term or condition of
93- this Agreement (the "Term"). Upon any such termination, the Licensee
94- will delete the Software immediately.
95-
96- 5. Copying & Transfer
97-
98- The Licensee may copy the Software for back-up purposes only. The
99-
100- Licensee may not assign or otherwise transfer the Software to any
101- third party.
102-
103- 6. Specific Disclaimer of Warranty and Limitation of Liability
104-
105- THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. CENQUA
106- DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
107- LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
108- PARTICULAR PURPOSE. CENQUA WILL NOT BE LIABLE FOR ANY DAMAGES
109- ASSOCIATED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION,
110- ORDINARY, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND,
111- INCLUDING BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST
112- PROFITS, EVEN IF CENQUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
113- DAMAGES.
114-
115- 7. Warranties and Representations
116-
117- Licensee Indemnification. CENQUA agrees to indemnify, defend and hold
118- the Licensee harmless from and against any and all liabilities,
119- damages, losses, claims, costs, and expenses (including reasonable
120- legal fees) arising out of or resulting from the Software or the use
121- thereof infringing upon, misappropriating or violating any patents,
122- copyrights, trademarks, or trade secret rights or other proprietary
123- rights of persons, firms or entities who are not parties to this
124- Agreement.
125-
126- CENQUA Indemnification. The Licensee warrants and represents that the
127- Licensee's actions with regard to the Software will be in compliance
128- with all applicable laws; and the Licensee agrees to indemnify,
129- defend, and hold CENQUA harmless from and against any and all
130- liabilities, damages, losses, claims, costs, and expenses (including
131- reasonable legal fees) arising out of or resulting from the
132- Licensee's failure to observe the use restrictions set forth herein.
133-
134- 8. Publicity
135-
136- The Licensee grants permission for CENQUA to use Licensee's name
137- solely in customer lists. CENQUA shall not, without prior consent in
138- writing, use the Licensee's name, or that of its affiliates, in any
139- form with the specific exception of customer lists. CENQUA agrees to
140- remove Licensee's name from any and all materials within 7 days if
141- notified by the Licensee in writing.
142-
143- 9. Governing Law
144-
145- This Agreement shall be governed by the laws of New South Wales,
146- Australia.
147-
148- 10.Independent Contractors
149-
150- The parties are independent contractors with respect to each other,
151- and nothing in this Agreement shall be construed as creating an
152- employer-employee relationship, a partnership, agency relationship or
153- a joint venture between the parties.
154-
155- 11. Assignment
156-
157- This Agreement is not assignable or transferable by the Licensee.
158- CENQUA in its sole discretion may transfer a license to a third party
159- at the written request of the Licensee.
160-
161- 12. Entire Agreement
162-
163- This Agreement constitutes the entire agreement between the parties
164- concerning the Licensee's use of the Software. This Agreement
165- supersedes any prior verbal understanding between the parties and any
166- Licensee purchase order or other ordering document, regardless of
167- whether such document is received by CENQUA before or after execution
168- of this Agreement. This Agreement may be amended only in writing by
169- CENQUA.
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