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The text below is our standard license text for your chosen license type. Please see the note below on alternative licensing if you require changes. RICEBRIDGE PUBLIC SERVICE LICENSE The XML Manager component is Copyright (c) 2003-2005 Richard Rodger T/A Ricebridge. This product may include third party software components which are covered under separate license agreements, listed at the end of this file. DEFINITIONS "the licensor": Richard Rodger T/A Ricebridge, the provider of the XML Manager component "the licensee": the assigned public service institution "product": The XML Manager component, in binary or object form, available in interactive, non-interactive, stand-alone or component versions "development environment": The resources required to build a software product, specifically excluding the use of said product in a commercial or public setting by customers or agents of the licensee "production environment": The use of a software product in a commercial or public setting by customers or agents of the licensee "commercial distribution": Sale and/or distribution by any means of a pre-packaged software product. LICENSE AGREEMENT 1. Any employee or agent of the licensee may use the product for the purposes of software development within a development environment. 2. The licensee may use the product in software systems where such systems a) are for internal use of the licensee or b) provide services for the clients of the licensee. Commercial distribution of a software product that uses the component is expressly prohibited. A separate DISTRIBUTION LICENSE is available for this purpose and must be purchased separately. 3. The licensee may make as many copies of the product as necessary to support automated build, development, testing and backup systems within the development environment. 4. This license grants the use of any version of the product that has the same major version number (initial digit) as the original product purchased. 5. The software systems developed by the licensee that use the product as a component must add considerable functionality beyond that provided by the product. Software systems that simply replicate the operations of the product are expressly prohibited. 6. The licensee acknowledges that the product is copyrighted intellectual property of the licensor and that the licensor retains exclusive ownership of the product and any associated documentation or learning materials. 7. The product includes selected source code as part of the product offering, as an aid to learning. This source code remains the copyrighted intellectual property of the licensor. 8. The product is distributed in digital form only. The licensor will not distribute the product in any other form. 9. The licensee may not directly sublicense the product to any third party. 10. This license is NOT transferable to any third party. WARRANTY 1. THERE IS NO WARRANTY FOR THE PRODUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH LICENSEE. SHOULD THE PROGRAM PROVE DEFECTIVE, THE LICENSEE ASSUMES THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 2. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO THE LICENSEE FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE LICENSEE OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 3. Neither party will be liable for any loss of use, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action whether in contract, tort (including negligence), strict product liability or otherwise. The clauses in this warranty are in lieu of all other warranties or conditions, express or implied, including the implied warranty of merchantability and fitness for a particular purpose. No other person is authorised to make any other warranty of representation concerning the performance of this product other than according to this license. Neither the licensee nor any re-sellers of the product are authorised to make any warranty, express or implied, on behalf of the licensor. 4. The laws of the Republic of Ireland govern this license. If any part of this license is found to be in conflict with the law, that part shall be interpreted in its broadest meaning consistent with the law, and no other parts of the license shall be affected. TECHNICAL SUPPORT 1. The licensee is not entitled to technical support. (However, at our sole discretion, and resources permitting, and if you ask very nicely, we will help you out a little bit) TERMINATION FOR PATENT ACTION 1. This license will terminate automatically and any of the rights granted by this license to the licensee are revoked as of the date that the licensee commences an action, including a cross-claim or counterclaim, against the licensor or any other licensee alleging that the product, in any form, infringes a patent. FINAL AGREEMENT 1. This agreement constitutes the complete, final and exclusive expression of the parties' agreement, and supersedes all proposals and other communications made between the parties concerning the subject matter hereof. This agreement cannot be modified except by written agreement signed by all the parties hereto. Alternative LicensingIf there are parts of this license that are legally unacceptable for your organization, let us know and we may be willing to provide you with an alternative license based on your suggestions. In limited cases we may also be prepared to accept your standard software procurement conditions. Please note that in all cases, non-standard licensing will have a bearing on the pricing we offer. | |||||||||
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