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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 TRIAL LICENSE The XML Manager component is Copyright (c) 2003-2006 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 seller of the XML Manager component "the licensee": the user of the XML Manager component "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. This is a trial license. The licensee may use the software for a maximum of 30 contiguous calendar days, from the date of first download, inclusively. The software may only be used for evaluation purposes in a development environment. 2. One and only one employee or agent of the licensee may, at any one time, use the product for the purposes of software development within a development environment. 3. The licensee MUST NOT use the product in commercial software systems. 4. The licensee MUST NOT use the product for commercial distribution. 5. The licensee MUST NOT use the software for any purpose other than evaluation. 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 is distributed in digital form only. The licensor will not distribute the product in any other form. 8. This license is not transferable. 9. The licensee MUST NOT alter the software so as to disable the 30-day trial limit. 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 in any form. 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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