End user agreement for Openfind Enterprise Search
OPENFIND ENTERPRISE SEARCH LICENSE AGREEMENT
This License Agreement is between you (any member of the public is a licensee, and is addressed as "you") and Openfind Information Technology, Inc. for the software product, Openfind Enterprise Search, which includes the accompanying computer software, and may includes associated media, printed materials and may also includes "online" or electronic documentation (herein after referred to as Software). By installing the Software, you are agreeing to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, you may not install or use the Software.
1. Grant of License. You shall only use or install this Software on one computer as a server, and may not under any circumstances, without prior written approval, use or install it in another computer concurrently, unless to reinstall the Software in the same computer that had the Software originally installed.
2. Restrictions. Openfind owns the title, copyright, and other intellectual property rights in the Software. You may not: (i) delete the copyright notices or any other proprietary legends on or in the Software; (ii) decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software, or create derivative works based on the Software; (iii) copy, rent, lend, lease, sublicense, distribute, assign, or commercially exploit the Software; or (iv) use the Software in any manner that could damage, disable, overburden, or impair Openfind's or any other party's search services, servers, or other services.
3. Ownership and Relationship of Parties. Openfind and Openfind licensors own all right, title, and interest in and to the Software. This License grants you no right, title, or interest in any intellectual property owned or licensed by Openfind, including the Software and Openfind and third party trademarks. You agree that you will use the Software for your company use only, and will not in any way rent, loan, subcontract, or otherwise commercially exploit the Software. The Software and its components may contain software licensed from third parties (“Licensed Software”). You may not access any Licensed Software made available in connection with or through the Software without the presence and execution of the Software. All rights in any third party data, any third party software, and any third party data servers, including all ownership rights, are reserved and remain with the respective third parties. You agree that these third parties may enforce their rights under this Agreement against you directly in their own name.
4. Termination. This License is effective until terminated. You may terminate this License at any time. This License will terminate immediately without notice from Openfind if you fail to comply with any provision of this License. Upon termination, you must uninstall, remove, and delete all copies and installations of the Software.
5. Support and Software Updates. To the extent Openfind makes available to the public any patches, updates, or other Software revisions or modifications (collectively, “Updates”), Openfind shall provide the same to you at no charge for a period of one (1) year from your purchase of the Software. Such Updates shall include only revisions to the same Software that you purchased, and shall not entitle you to any upgrade to new or other Openfind products, even if related to or similar to the Software you purchased. In the event that any Update is furnished to you, it shall be governed by the terms and conditions of this License, or by any included end user license agreement contained in such Update (to the extent of any conflict, the terms and conditions of the end user license agreement contained in any Update shall control). Openfind will not be obligated to otherwise provide any maintenance, support, or updates to you for the Software. Support and Software Updates are only available for paid, licensed OES software.
6. Disclaimer of Warranty on Software. Openfind disclaims any responsibility for any harm resulting from your use of the Software. The software is provided “As Is,” with no warranties whatsoever. Openfind expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Openfind disclaims any warranties regarding the security, reliability, timeliness, and performance of the software. You understand and agree that you download, install, and/or use the software at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download, installation, or use of the software. THE SOFTWARE IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. OPENFIND SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.
7. Limitation of Liability. Under no circumstances shall Openfind be liable to you on account of your use or misuse of the software. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Openfind has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the software, from inability to use the software, or from the interruption, suspension, or termination of the software (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to you.
8. Indemnification. You agree to indemnify and hold Openfind and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this License, your violation of applicable laws, or your violation of the rights of any other person or entity.
9. Choice of Law and Venue. This User License shall be governed and construed in accordance with the laws of Republic of China and be subject to the jurisdiction of the Courts of R.O.C. If any provision in this Agreement shall be determined to be invalid, such provision shall be deemed omitted; the remainder of this Agreement shall stand. If any disputes arise as the result of this License Agreement, both parties agree that the Taiwan Taipei district court shall have jurisdiction.
10. Miscellaneous. Nothing herein shall be deemed to supersede or derogate from Openfind's remedies at law for any violation of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License constitutes the entire integrated agreement between you and Openfind with respect to the use of the Software and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License.
Revised: June 10, 2009