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diff --git a/licenses/simpserver-test b/licenses/simpserver-test new file mode 100644 index 000000000..f1931dc4f --- /dev/null +++ b/licenses/simpserver-test @@ -0,0 +1,184 @@ +SimpServer test releases License Agreement + +This Agreement sets forth the terms and conditions under which test releases +(also called beta versions) of the software known as SimpServer will be licensed +by Secway SARL ("Secway") to you ("Licensee") for the duration of the test +period. + +IMPORTANT: BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING OR +DISTRIBUTING SIMPSERVER BETA VERSIONS (THE "PRODUCT") OR ANY OF ITS FILES (THE +"PACKAGE"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS +CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE +DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON- +ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR DISTRIBUTE OR USE +THE SOFTWARE. + + +Terms of the license agreement + +1. LICENSE AGREEMENT. This license agreement governs the obtaining, use, +duplication, distribution, and modification of the Product and its package. Use, +duplication, distribution or modification of the Product and its package implies +the acceptation of this license agreement. + +2. LICENSE GRANT. +a. Secway grants Licensee a non-exclusive and non-transferable license to +reproduce and use for personal purposes the executable code version of the +Product for the duration of the test period, provided any copy must contain all +of the original proprietary notices. +b. This license does not entitle Licensee to receive from Secway hard-copy +documentation, technical support, telephone assistance, or enhancements or +updates to the Product. +c. Licensee may not customize the Product unless he has received a written +agreement from Secway. In this case, the exact terms and extends of this +customization are to be found in the written agreement. +d. Licensee may not redistribute the Product unless for personal or +internal business purposes. Redistribution must be free except possibly for +media or bandwidth costs, and redistributed files must be the original package +as obtained from Secway, without any modification. Distribution of the Product +or its package aggregated with other programs as part of a larger (possibly +commercial) software distribution may be permitted by a written agreement from +Secway. Such distribution is also governed by terms of this license agreement +plus amendments possibly made by the written agreement. + +3. RESTRICTIONS. +a. Except as otherwise expressly permitted in this Agreement, Licensee may +not: +i. modify or create any derivative works of the Product or documentation, +including translation or localization +ii. redistribute, encumber, sell, rent, lease, sublicense, or otherwise +transfer rights to the Product +iii. remove or alter any trademark, logo, copyright or other proprietary +notices, legends, symbols or labels in the Product +iv. publish any results of benchmark tests or evaluation or reverse +engineering (see below) run on the Product to a third party without Secway's +prior written consent, which cannot be refused without any valid reason. +b. Decompilation, disassembly, reverse engineering or any attempt to derive +the source code for the Product is allowed for personal verification purposes +only. + +4. FEES. +a. There is no license fee for the Product. +b. If Licensee wishes to receive the Product on media, there may be a small +charge for the media and for shipping and handling. Licensee is responsible for +any and all taxes. + +5. TERMINATION. +a. Without prejudice to any other rights, Licensor may terminate this +Agreement 1) at the end of the test period, as fixed by Licensor and posted to +its Web site on the Internet or 2) if Licensee breaches any of its terms and +conditions. Upon termination, Licensee shall destroy all copies of the Product. + +6. PROPRIETARY RIGHTS. +a. Title, ownership rights, and intellectual property rights in the Product +shall remain in Secway and/or its suppliers. +b. Licensee acknowledges such ownership and intellectual property rights +and will not take any action to jeopardize, limit or interfere in any manner +with Secway's or its suppliers' ownership of or rights with respect to the +Product. +c. The Product is protected by copyright and other intellectual property +laws and by international treaties. +d. Title and related rights in the content accessed through the Product is +the property of the applicable content owner and is protected by applicable law. +The license granted under this Agreement gives Licensee no rights to such +content. +e. The names Secway or Simp or SimpServer may not be used to endorse or +promote products derived from this software without specific prior written +permission. + +7. DISCLAIMER OF WARRANTY. +BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE +PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED +IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "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 YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF +ALL NECESSARY SERVICING, REPAIR OR CORRECTION. + +8. LIMITATION OF LIABILITY. +TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR +ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR +CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, +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 ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL +OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. +IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT +SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS +LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY SECWAY UNDER A +SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL +INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW +PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT +ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO +THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. SECWAY IS NOT RESPONSIBLE +FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY +THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH +CONTENT. + +9. ENCRYPTION. +The Product containing encryption algorithms that may be forbidden by certain +legislations or in certain parts of the World, Licensee must ensure himself that +he has the legal right to import and/or use the Product. When redistributing +copies of the Product in accordance with 1. and 2., the Licensee shall also +ensure that he has the legal right to redistribute such copies, especially when +exporting them. + +10. HIGH RISK ACTIVITIES. +The Product is not fault-tolerant and is not designed, manufactured or intended +for use or resale as on-line control equipment in hazardous environments +requiring fail-safe performance, such as in the operation of nuclear facilities, +aircraft navigation or communication systems, air traffic control, direct life +support machines, or weapons systems, in which the failure of the Product could +lead directly to death, personal injury, or severe physical or environmental +damage ("High Risk Activities"). Accordingly, Licensor and its suppliers +specifically disclaim any express or implied warranty of fitness for High Risk +Activities. Licensee agrees that Licensor and its suppliers will not be liable +for any claims or damages arising from the use of the Product in such +applications. + +11. MISCELLANEOUS. +a. This Agreement constitutes the entire agreement between the parties +concerning the subject matter hereof. +b. This Agreement may be amended only by a writing signed by both parties. +c. Except to the extent applicable law, if any, provides otherwise, this +Agreement shall be governed by the laws of France. +d. If any provision in this Agreement should be held illegal or +unenforceable by a court having jurisdiction, such provision shall be modified +to the extent necessary to render it enforceable without losing its intent, or +severed from this Agreement if no such modification is possible, and other +provisions of this Agreement shall remain in full force and effect. +e. The controlling language of this Agreement is French. If Licensee has +received a translation into another language, it has been provided for +Licensee's convenience only. +f. A waiver by either party of any term or condition of this Agreement or +any breach thereof, in any one instance, shall not waive such term or condition +or any subsequent breach thereof. +g. The provisions of this Agreement which require or contemplate +performance after the expiration or termination of this Agreement shall be +enforceable notwithstanding said expiration or termination. +h. Licensee may not assign or otherwise transfer by operation of law or +otherwise this Agreement or any rights or obligations herein except in the case +of a merger or the sale of all or substantially all of Licensee's assets to +another entity. +i. This Agreement shall be binding upon and shall inure to the benefit of +the parties, their successors and permitted assigns. +j. Neither party shall be in default or be liable for any delay, failure in +performance (excepting the obligation to pay) or interruption of service +resulting directly or indirectly from any cause beyond its reasonable control. +k. The relationship between Licensor and Licensee is that of independent +contractors and neither Licensee nor its agents shall have any authority to bind +Licensor in any way. +l. If any dispute arises under this Agreement, the prevailing party shall +be reimbursed by the other party for any and all legal fees and costs associated +therewith. +m. The headings to the sections of this Agreement are used for convenience +only and shall have no substantive meaning. +n. Licensor may use Licensee's name in any customer reference list or in +any press release issued by Licensor regarding the licensing of the Product +and/or provide Licensee's name and the names of the Product licensed by Licensee +to third parties. + + + +[end.]
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