End user agreement for EasyLicenser
Software License Agreement
READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL
LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY BEFORE
OPENING THE SOFTWARE MEDIA PACKAGE. BY OPENING THE SOFTWARE
MEDIA PACKAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, INDICATE
YOUR ACCEPTANCE OF THESE TERMS BY SELECTING THE "ACCEPT"
BUTTON OR EQUIVALENT KEY AT THE END OF THIS AGREEMENT.
IF YOU DO NOT AGREE TO ALL THESE TERMS, PROMPTLY RETURN
THE UNUSED SOFTWARE TO YOUR PLACE OF PURCHASE FOR A REFUND
OR, IF THE SOFTWARE IS ACCESSED ELECTRONICALLY,
SELECT THE "DECLINE" BUTTON OR EQUIVALENT KEY AT THE END
OF THIS AGREEMENT AT THE TIME OF INSTALLATION.
GRANT. AGILIS SOFTWARE LLC ("AS") grants
a limited, non-exclusive and non-transferable license to
you ("Customer") to use one copy per User (as defined
herein) of the license management program called AS's
EasyLicenser, which consists of the License Manager user
interface program and accompanying run time library
(collectively referred to as "Software") for the purpose
of license-protecting Customer's applications
for which the corresponding fee has been paid or an
evaluation agreement has been signed. Customer may only
network Software or otherwise use the Software for
shared development and deployment if this use does not
violate the number of licenses purchased or any other
terms of this agreement.
FEES. An evaluation agreement or a license fee is
required for each User who will use the Software.
A "User" as defined in this Agreement is anyone
involved in generating license keys for Customer's
products using Software. Each licensed User may not
make copies of Software other than a single copy of
Software for archival purposes. Each licensed User may
only use Software for generating a number of keys that
is allowed by the number of License Units purchased for
the fees paid.
GOVERNING LAW. This statement shall be governed by and
construed in accordance with the laws of the State of
California and, as to matters affecting copyrights,
trademarks and patents, by U.S. federal law.
ENTIRE AGREEMENT. This statement sets forth the entire
agreement between Customer and "AS".
RESTRICTED USE. The Software is protected by the copyright
laws of the United States and international copyright
treaties. Customer may not copy the Software, except for
backup or archival purposes as stated herein this agreement.
Any such copy shall be subject to this Agreement and shall
contain all of "AS"'s notices regarding proprietary rights
as contained in the Software "AS" originally provided to
Customer. This license does not grant Customer any right
to any enhancement or update to the Software. Enhancements
and updates, if available, may be obtained at "AS"'s then
current standard pricing, terms, and conditions. Customer
may not lend, rent, lease or otherwise transfer the
Software. If Software is used with an evaluation key,
applications that are built using Software may not be
deployed into production or used for commercial purposes
including but not limited to marketing promotions, to
enhance Customer company valuation, or renting, leasing or
selling the applications. If software is used with an
Unlimited Trial Key Generator key, applications that are
built using Software may only be used for free time-limited
trials by Customer's end customers and may not be used to
implement paid subscription services.
OTHER RESTRICTIONS. Customer agrees not to attempt to decipher,
decompile or disassemble the Software or develop derivative
works of the Software or knowingly allow others to do so,
except to the extent applicable laws specifically prohibit
such restriction. Customer may not modify or create derivative
works (including, but not limited to, higher level infrastructure
technologies that "AS" may deem to compete with Software) of
the Software. Customer may not use EasyLicenser's extensibility
mechanisms to generate keys consuming more license units than
indicated to EasyLicenser by the selection of the parameters
at the time of license key generation. Customer may not use
generated keys for license models other than that indicated
to EasyLicenser at the time of license key generation as defined
under LICENSING RESTRICTIONS.
"AS"'s Software is confidential and copyrighted.
"AS"'s Software is not designed or licensed for use in on-line
control of aircraft, air traffic, aircraft navigation or
aircraft communications; or in the design, construction,
operation or maintenance of any nuclear facility. Customer
warrants that Customer will not use "AS"'s Software for these
Your application may be license protected with keys generated
using EasyLicenser subject to the following restrictions:
1.The "User" license model may only be used to license-protect
a desktop application used by a single user, and may not be
used to license-protect a server application.
2.If a desktop application is network-installed and used by
multiple users over the network, each desktop must have a
separate single-user license key.
3.Definition of a server application: any application that
is usable by more than one concurrent user and / or
device. Examples include (but are not limited to):
1.Embedded system such as a real time device controller,
robotic system, storage device driver, etc.
2.An application that concurrently or sequentially processes
requests from multiple users or devices, for example an
ERP or CRM server application, or a real time
data acquisition system.
3.Any application running inside a web server, application
server or transaction processing monitor.
4.Any server infrastructure product such as a database server,
application server, web server or operating system.
4.Licensing for a server product with the server license model:
1.If your product is priced by concurrent users, then a
concurrent-user license type must be used, and the
concurrent-user count specified for the license key must
exactly match the concurrent-user count charged to the
2.If your product is priced by the # of CPU's, then a
CPU-count license type must be used, and the CPU count
specified for the license key must exactly match the CPU
count charged to the end-customer.
3.If your product is priced by the # of CPU MHZ, then a
CPU-MHZ license type must be used, and the CPU MHZ
specified for the license key must exactly match the CPU
MHZ charged to the end-customer.
4.If your product is priced by the # of named roles, then
a named-role-limit license type must be used, and the named-
role limit specified for the license key must exactly match the
named-role limit charged to the end-customer.
5.If your product is priced for a flat fee or based solely on
features, time limits or quota, then a CPU-count license type
must be specified, with the CPU count averaged to the estimated
usable CPU count in typical environments.
5.Licensing scenarios explicitly not allowed:
1.Using a user license for a server product, and using the
"options" and / or extensibility features to impose
unregulated limits on the end-customer environment without
a commensurate consumption of license units.
2.Generating server keys with a concurrent-user or CPU MHZ
license type in order to license protect applications that
map the concurrent-user / CPU MHZ limits to CPU counts or
named-roles as a means of reducing license unit consumption.
3.Using a user license for an embedded device.
4.Using license units purchased from "AS"'s web site for the
purpose of license-protecting products licensed to OEM Resellers,
VAR's or embedded system vendors, or for license protecting
desktop applications having an average sales price exceeding
US$10000 or server products having an average sales price
exceeding US$200000 or for licensing products on a subscription
or usage based plan.
5.Circumventing expiration dates and quota limits for customer keys
generated with an evaluation key or an Unlimited Trial Generator key
by specifying excessive grace periods or quota limits.
6.Using keys generated with an evaluation key or an Unlimited
Trial Generator key for the purpose of providing paid
user subscription management services to end customers.
7.Distributing a generated license key for use on more than one instance
of an application.
TITLE. Title, ownership rights, and all associated intellectual
property rights in the Software are retained by Agilis Software
LLC, and/or its licensors. No right, title or interest in or to
any trademark, service mark, logo or trade name of Agilis
Software LLC or its licensors is granted under this Agreement.
This Agreement does not include the right to sublicense Software.
CONTENT. Title, ownership rights, and intellectual property rights
in and to the content accessed through "AS"'s Software is the
property of the applicable content owner and may be protected
by applicable copyright or other law. This License gives Customer
no rights to such content.
COPYRIGHT. "AS"'s Software is owned by Agilis Software LLC and is
protected by United States copyright laws and international
treaty provisions. Customer may make one copy of the Software
for backup purposes as described herein. Customer may not
under any circumstances, copy the manual and other written
materials that accompany this Software.
RUNTIME DISTRIBUTION LICENSE. "AS" grants Customer a right to
install copies of the EasyLicenser run time library included with
this product for use with Customer's applications that Customer
has license-enabled using "AS"'s Software. These run time components
may not be distributed for any purpose other than to accompany
software that Customer has license-enabled using "AS"'s Software.
The grant is provided that Customer's program is not merely a
set or subset of "AS"'s Software or an application
or library which includes all or a portion of "AS"'s Software,
or is otherwise a product that is generally competitive with or a
substitute for "AS"'s Software. This permission is granted
solely for the purpose set forth above, and Customer is not
authorized to use "AS"'s Software in any other manner.
AUDIT. Customer shall keep accurate books of account and records
covering all transactions relating to the license granted in this
Agreement, and "AS" or its duly authorized representatives shall
have the right upon five days prior written notice, and during
normal business hours, to inspect and audit Customer's records
and installations relating to the Software licensed under this
Agreement. "AS" shall bear the cost of such inspection and audit,
unless the results indicate an underpayment greater than $10,000
for any six--month period. In that case, Customer shall promptly
reimburse "AS" for all costs of the audit along with the amount
due with interest on such sums. Interest shall accrue from the
date the payment was originally due and the interest rate shall
be 1.5% per month, or the maximum rate permitted by law, whichever
is less. All software installations, books of account and records
shall be made available in the United States and kept available
for at least two years after the termination of this Agreement.
"AS" may also at its discretion audit the source code of the
license management interface of Customer's application to verify
with evaluation and Unlimited Trial Generator keys.
LIMITED WARRANTY. "AS" warrants to Customer that for a Period of
ninety (90) days from the date of purchase, as evidenced by a
copy of the Receipt, the media on which Software is furnished
(if any) will be free of defects in materials and workmanship
under normal use. Except for the foregoing, Software is
provided "AS IS." Customer's exclusive remedy and "AS"'s entire
liability under this limited warranty will be at "AS"'s option
to replace any software media or refund the fee paid for Software.
INDEMNIFICATION. "AS" shall not defend or settle any claim made
or any suit or proceeding brought against Customer
based on an allegation that any Software furnished hereunder
infringes any patent, copyright, trademark, trade secret or
other intellectual property right. THIS INDEMNIFICATION SECTION
STATES "AS"'S AND ITS LICENSORS' ENTIRE LIABILITY FOR COPYRIGHT,
TRADE SECRET, PATENT OR OTHER INTELLECTUAL PROPERTY RIGHT
INFRINGEMENT BY SOFTWARE FURNISHED HEREUNDER.
DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT,
ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, ON NON-INFRINGEMENT, ARE DISCLAIMED, EXCEPT
TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL
THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL "AS" OR ITS SUPPLIERS
OR RESELLERS BE LIABLE TO CUSTOMER OR ANY OTHER PERSON FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY
CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY
AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL "AS"
BE LIABLE FOR ANY DAMAGES IN EXCESS OF "AS"'s LIST PRICE FOR A
LICENSE TO THE SOFTWARE, EVEN IF "AS" SHALL HAVE BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY
FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS
SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO CUSTOMER.
TERMINATION. This is a legal agreement between Customer, the end
user, and "AS" with head offices identified at the EasyLicenser
web site http://www.easylicenser.com. If after evaluation of
Software during a product evaluation period Customer is
dissatisfied with "AS"'s Software, Customer will destroy the
software immediately. IF CUSTOMER PURCHASES THE SOFTWARE AND / OR
SOURCE CODE, THE SALE IS FINAL.
EXPORT REGULATIONS. All software and technical data delivered under
this Agreement are subject to US export control laws and may be
subject to export or import regulations in other countries. Customer
agrees to comply strictly with all such laws and regulations and
Customer has the responsibility to obtain such licenses to export,
re-export, or import as may be required after delivery to Customer.
MISCELLANEOUS. This Agreement represents the complete and exclusive
statement of the agreements concerning this license between the
parties and supersedes all prior communications, oral or written,
between them relating to the subject matter hereto, and may be
modified or waived only by a writing duly executed on behalf of
both parties. Any preprinted clauses in any purchase order,
release, order acceptance or other written correspondence between
the parties will be considered null and void even if accepted in
writing by the receiving party.
SEVERABILITY. If any provision of this Agreement is held to be
unenforceable for any reason, such provision shall be reformed
only to the extent necessary to make it enforceable, and such
decision shall not affect the enforceability (i) of such
provision under other circumstances or (ii) of the remaining
provisions hereof under all circumstances. Headings shall not
be considered in interpreting this Agreement. This Agreement
shall be governed by and construed under California law as such
law applies to agreements between California residents entered
into and to be performed entirely within California, except as
governed by Federal law.
APACHE SOFTWARE LICENSE AGREEMENT
This product includes software developed by the Apache Software Foundation (http://www.apache.org/).
As such, portions of this product that constitute the software developed by the Apache Software Foundation are subject to the following license:
* The Apache Software License, Version 1.1
* Copyright (c) 1999 The Apache Software Foundation. All rights
* Redistribution and use in source and binary forms, with or without
* modification, are permitted provided that the following conditions
* are met:
* 1. Redistributions of source code must retain the above copyright
* notice, this list of conditions and the following disclaimer.
* 2. Redistributions in binary form must reproduce the above copyright
* notice, this list of conditions and the following disclaimer in
* the documentation and/or other materials provided with the
* 3. The end-user documentation included with the redistribution,
* if any, must include the following acknowledgment:
* "This product includes software developed by the
* Apache Software Foundation (http://www.apache.org/)."
* Alternately, this acknowledgment may appear in the software itself,
* if and wherever such third-party acknowledgments normally appear.
* 4. The names "Xerces" and "Apache Software Foundation" must
* not be used to endorse or promote products derived from this
* software without prior written permission. For written
* permission, please contact firstname.lastname@example.org.
* 5. Products derived from this software may not be called "Apache",
* nor may "Apache" appear in their name, without prior written
* permission of the Apache Software Foundation.
* THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED
* WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
* OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
* DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR
* ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
* SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT
* LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF
* USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND
* ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY,
* OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT
* OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF
* SUCH DAMAGE.
* This software consists of voluntary contributions made by many
* individuals on behalf of the Apache Software Foundation and was
* originally based on software copyright (c) 1999, International
* Business Machines, Inc., http://www.ibm.com. For more
* information on the Apache Software Foundation, please see