Classic System Solutions, Inc. Software License Agreement
All contents copyright © 1999 Classic System Solutions Inc.
All rights reserved.
No portion of this service may be reproduced in any form, or by any means, without prior written permission from Classic System Solutions, Inc.
Software License Agreement
PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE.
BY CLICKING ON THE "ACCEPT" BUTTON, DOWNLOADING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE THE SOFTWARE. CLICK THE "DO NOT ACCEPT" BUTTON AND THE INSTALLATION PROCESS WILL NOT CONTINUE.
Single User License Grant. Classic System Solutions, Inc. ("Classic System Solutions") and its suppliers grant to Customer ("Customer") a nonexclusive and nontransferable license to use the Classic System Solutions software provided or made available by Classic System Solutions to Customer ("Software") in object code form solely on a single hardware chassis or a single central processing unit, as applicable, owned or leased by Customer or otherwise embedded in equipment provided by Classic System Solutions. The term "Software" also includes any upgrades, updates, bug fixes, modified versions, and copies of the Software licensed or provided to Customer by Classic System Solutions.
Multiple-Users License Grant. If Customer has purchased a multi-user license from Classic System Solutions, Classic System Solutions and its suppliers grant to Customer a nonexclusive and nontransferable license to use the Software in object code form in ONLY ONE of the following manners:
- make copies of the Software up to the number of copies for which Customer has paid Classic System Solutions a license fee and which number is specified on the master copy of the Software provided or made available by Classic System Solutions to Customer; or
- make copies of the Software up to the number of copies for which Customer has paid Classic System Solutions a license fee and for which Customer has received a product authorization key ("PAK"); or
- installed in a single location on a hard disk or other storage device of up to the number of computers owned or leased by Customer or the number of simultaneous users for which Customer has paid a license fee ("Permitted Number of Computers" or "Permitted Number of Users", as applicable); or
- provided the Software is configured for network use, installed on a single file server for use on a single local area network for either (but not both) of the following purposes: (a) permanent installation onto a hard disk or other storage device of up to the Permitted Number of Computers or Permitted Number of Users, as applicable; or (b) use of the Software over such network, provided the number of computers or users connected to the server does not exceed the Permitted Number of Computers or Permitted Number of Users, as applicable.
NOTE: The license requirement to pay a license fee does not apply to evaluation or beta copies for which Classic System Solutions does not charge a license fee.
Customer grants to Classic System Solutions or its independent accountants the right to examine its books, records and accounts during Customer's normal business hours to verify compliance with this Agreement. In the event such audit discloses non-compliance with this Agreement, Customer shall promptly pay to Classic System Solutions the appropriate licensee fees. At Classic System Solutions's option, Classic System Solutions may terminate this license for failure to comply with this Agreement.
Customer agrees to maintain and reproduce all copyright and other proprietary notices on all copies, in any form, of the Software in the same form and manner that such copyright and other proprietary notices are included on the Software.
Except as expressly authorized in this Agreement, Customer shall not make any copies or duplicates or any Software without the prior written permission of Classic System Solutions. Customer may make such back-up copy or copies of the Software as may be necessary for Customer's lawful use, provided Customer affixes to such copies all copyright, confidentiality, and proprietary notices that appear on the original.
Customer agrees, except as otherwise expressly authorized hereunder, not to:
- remove any product identification or notices of any proprietary or copyright restrictions from the Software;
- make error corrections to or otherwise modify or adapt the Software nor create derivative works based upon the Software, or to permit third parties to do the same; or
- copy, in whole or in part, decompile, reverse engineer, disassemble or otherwise reduce the Software to human-readable form.
To the extent required by law, at Customer's request, Classic System Solutions shall provide Customer with the interface information needed to achieve interoperability between the Software and another independently created program, on payment of Classic System Solutions's applicable fee. Customer shall observe strict obligations of confidentiality with respect to such information.
Customer agrees that aspects of the licensed materials, including the specific design and structure of individual programs, constitute trade secrets and/or copyrighted material of Classic System Solutions. Customer shall not disclose, provide, or otherwise make available such trade secrets or copyrighted material in any form to any third party without the prior written consent of Classic System Solutions. Customer shall implement reasonable security measures to protect such trade secrets and copyrighted material. Title to Software and documentation shall remain solely with Classic System Solutions.
Limited Warranty. Classic System Solutions warrants that for a period of ninety (90) days from the date of shipment from Classic System Solutions: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software substantially conforms to its published specifications. Except as expressly granted in this Agreement, the Software is provided AS IS. This limited warranty extends only to Customer as the original licensee. Customer's sole and exclusive remedy and the entire liability of Classic System Solutions and its suppliers under this limited warranty will be, at Classic System Solutions or its service center's option, repair, replacement, or refund of the Software if reported (or, upon request, returned) to the party supplying the Software to Customer. In no event does Classic System Solutions warrant that the Software is error free or that Customer will be able to operate the Software without problems or interruptions.
This warranty does not apply if the Software (a) has been altered, except by Classic System Solutions, (b) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Classic System Solutions, (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (d) is used in ultrahazardous activities.
This warranty does not apply if the Software is licensed for beta, evaluation, testing or demonstration purposes for which Classic System Solutions does not receive a license fee.
Disclaimer. EXCEPT AS SPECIFIED IN THIS WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW.
IN NO EVENT WILL CLASSIC SYSTEM SOLUTIONS OR ITS SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE EVEN IF CLASSIC SYSTEM SOLUTIONS OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall Classic System Solutions's or its suppliers' liability to Customer, whether in contract, tort (including negligence), or otherwise, exceed the price paid by Customer. The foregoing limitations shall apply even if the above-stated warranty fails of its essential purpose. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This Agreement is effective until terminated. Customer may terminate this Agreement at any time by destroying all copies of Software including any documentation. This Agreement will terminate immediately without notice from Classic System Solutions if Customer fails to comply with any provision of this Agreement. Upon termination, Customer must destroy all copies of Software in its possession or control.
Software, including technical data, is subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. Customer agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Software.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America, as if performed wholly within the state and without giving effect to the principles of conflict of law. If any portion hereof is found to be void or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement constitutes the entire agreement between the parties with respect to the use of the Software.
Restricted Rights. Classic System Solutions's software is provided to United States Government agencies other than the United States Department of Defense ("DOD") with RESTRICTED RIGHTS and its supporting documentation is provided with LIMITED RIGHTS. Use, duplication, or disclosure by the Government is subject to the restrictions as set forth in subparagraph "C" of the Commercial Computer Software---Restricted Rights clause at FAR 52.227-19. In the event the sale is to a DOD agency, the government's rights in software, supporting documentation, and technical data are governed by the restrictions in the Technical Data Commercial Items clause at DFARS 252.227-7015 and DFARS 227.7202. Manufacturer is Classic System Solutions, Inc. 1145 Second Street, Suite A108, Brentwood, CA 94513.
COLD FUSION® APPLICATION SERVER
Incorporated License Agreement Terms and Conditions
Copyright ©1997 Macromedia Corporation All Rights Reserved
Important Notice
The software application with which this document is provided (the "Application") incorporates a special-purpose copy of Macromedia Corporation's Cold Fusion® Application Server ("Cold Fusion"). As part of the Application's installation process, you will be asked to accept the following Incorporated License Agreement Terms and Conditions in addition to any license agreement provided by the Application's vendor. Your use of Cold Fusion, as incorporated into the Application, is subject to all of the following Terms and Conditions. Unless you have entered into a separate written license agreement with Macromedia providing otherwise, installation or use of the software application indicates your agreement to be bound by these Terms and Conditions.
Editions and Versions of Cold Fusion
Workgroup and Professional Editions
Cold Fusion is available in Workgroup and Professional editions. Both editions are subject to these Terms and Conditions. The Workgroup edition may only be used with Microsoft Corporation's Access™ and FoxPro™ databases and/or Borland International, Inc.'s Paradox™ and dBASE™ databases. The Professional edition may be used with any ODBC-compliant data source.
Commercial and Evaluation Versions
Each edition of Cold Fusion is available in a commercial and an evaluation version. Both the commercial and the evaluation versions are subject to these Terms and Conditions. Evaluation versions are not free software and are subject to the restrictions set forth below.
License to Use
You may install one copy of Cold Fusion on a single physical workstation or server and use that copy to run the Application, as well as other Cold Fusion applications incorporating a similar special-purpose copy of Cold Fusion. Cold Fusion may not be "unbundled" or used separately from the Application.
You may not copy all or any part of Cold Fusion, except that you may make a reasonable number of copies of the software solely for backup or archival purposes.
No Additional Rights or Licenses
You acknowledge and agree that except for the rights granted in this Agreement, all other rights, and all title and interest in and to Cold Fusion remain the sole and exclusive property of Macromedia. You may not modify, translate, decompile, disassemble or reverse engineer Cold Fusion. This Agreement does not authorize you to use Macromedia's name or any of its trademarks (which include, but are not limited to the word "Macromedia™" the Macromedia "A" logo, the "<Macromedia>" tag logo, the word "Cold Fusion" and the Cold Fusion "hand clutching lightning bolt" logo) except as incorporated into the Application by the vendor. You are specifically prohibited from modifying or removing any copyright notification or trademark of Macromedia incorporated into the Application.
Term and Termination
If you have acquired an evaluation version of Cold Fusion, the license granted herein shall automatically terminate thirty (30) days after you first install such version. Subsequent downloads, installations or use of the evaluation version by or for you will not extend, renew, or otherwise restart the term of the license. The license granted for the commercial version will continue until it is terminated. Macromedia may terminate any license granted herein if you fail to comply with the terms of this Agreement.
Warranty and Remedies
Macromedia PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR COLD FUSION. COLD FUSION IS PROVIDED "AS IS." ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED. IN NO CASE SHALL Macromedia BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF Macromedia IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL Macromedia'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY THE APPLICATION VENDOR TO Macromedia. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, Macromedia'S LIABILITIES SHALL BE LIMITED BY THE ABOVE LIMITATION OF REMEDIES PROVISION.
U.S. Government Licensing Rights
If Cold Fusion is licensed under a U.S. Government contract, you acknowledge that the software and related documentation are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that Cold Fusion is "commercial computer software" as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities and others acquiring under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in these Terms and Conditions.
Benefit to Macromedia
You are hereby notified that Macromedia Corporation is a third-party beneficiary to the end user license into which these Terms and Conditions are incorporated to the extent that agreement relates to Cold Fusion. Such provisions are made expressly for the benefit of Macromedia and are enforceable by both the Application vendor and Macromedia.