End user agreement for Lessons Learned Server for Windows
LESSONS LEARNED SERVER'S LICENSE AGREEMENT
LESSONS LEARNED SERVER ('the Software') is a copyrighted work
of authorship and is also protected under all the applicable database
and intellectual Property Laws. Bloxware retains ownership of the
Software and any copies of it, regardless of the form in which the
copies may exist. This license is not a sale of the original
Software or any copies.
By installing and using LESSONS LEARNED SERVER on your server,
you agree to the following terms and conditions. Such agreement
is either on your own behalf or on behalf of any corporate entity
which employs you or which you represent ('Corporate Licensee').
In this Agreement, 'you' includes both the reader and any
Corporate Licensee and 'Bloxware' mean Bloxware Inc. Limited:
1. GRANT OF LICENSE:
1.1 Lessons Learned Server's license grants you the right to run one
instance (a single installation) of the Software on one web server
and one web site for each license purchased. Each license may
power one instance of the Software on one domain. For each
installed instance of the Software, a separate license is required.
Modifications to the software or database to circumvent the
one-license-one-board rule are prohibited.
1.2 The Software is licensed only to you. You may not rent, lease,
sublicense, sell, assign, pledge, transfer or otherwise dispose
of the Software in any form, on a temporary or permanent basis,
without the prior written consent of Bloxware.
1.3 If you have a valid license, you may set up an additional test
installation in order to test code modifications. To make this clear to
us and our license verification procedures, place it in a directory
called 'testlls' and be sure to password protect it. It must not
be accessible by the general public.
1.4 The license is effective until terminated. You may terminate
it at any time by uninstalling the Software and destroying any
copies in any form.
1.5 The Software source code may be altered (at your risk)
2. YOUR OBLIGATIONS (you undertake to):
2.1 Ensure that, prior to use of the Software by your
Employees, affiliates, representatives or agents, all
such parties are notified of the terms of this Agreement; and
2.2 Hold all data (including object and source codes),
software listings and all other information relating to the
Software confidential, and not at any time, during the period
of the license or after its expiry, disclose the same whether
directly or indirectly to any third party without Bloxware's consent.
2.3 The Software may not be used for anything that would represent
or is associated with an Intellectual Property violation,
including, but not limited to, engaging in any activity that
infringes or misappropriates the intellectual property rights
of others, including copyrights, trademarks, service marks,
trade secrets, software piracy, and patents held by individuals,
corporations, or other entities.
2.4 The Software may not be used for any illegal purposes or
actions, including, but not limited to: Acts of terrorism,
computer hacking, committing crimes and felonies or any other
illegal action whether expressed or implied.
2.5 you will, and at all times, defend Bloxware, hold it harmless
and keep it safe against all and any third party claims, losses,
damages and remedies which might occur or arise from your use
of the Software.
2.6 You will, and at all times, indemnify and keep Bloxware
indemnified for any and all expenses, payments, losses, damages
and remedies which might occur or arise from your use of the Software.
3. INTELLECTUAL PROPERTY:
3.1 All copyrights and/or any other intellectual property rights
attained by you during the validity of this Agreement in connection
with the Software shall be the private and sole property of Bloxware.
3.2 You will not be entitled to utilize and/or exploit the Software
and/or any of the intellectual property rights of Bloxware in any
way whatsoever, whether openly and/or secretly, unless within the
terms and conditions contemplated in this Agreement.
3.3 You will not be entitled to do any of the following to the
Software and/or any of the intellectual property rights of Bloxware:
a) Translate to any other language;
b) Modify, amend, change shape, change appearance, change color
or change design;
c) Explain and disclose such Intellectual property rights
to any third party.
d) Transmit, print, photograph, photo copy, scan or use any
method of photography, Photocopying and copying whatsoever.
4. DISCLAIMER OF WARRANTY:
4.1 Unless specified in this agreement, all express or implied
conditions, representations and warranties, including any
implied warranty of merchantability, fitness for a particular
purpose or non-infringement are disclaimed, except to the
extent that these disclaimers are held to be legally invalid.
4.2 The software and the accompanying files are sold "As Is" and
without warranties as to performance of merchantability or
any other warranties whether expressed or implied.
4.3 Bloxware is not liable for the content of any message posted
in an information item powered by this software.
4.4 Bloxware cannot be held responsible and accepts no liability
for any failure in transmission by you and where for whatever
reason your transmission is corrupted fails to arrive or arrives
after an undue delay or is received in an unintelligible form.
4.5 You must assume the entire risk of using the program.
ANY LIABILITY OF BLOXWARE WILL BE LIMITED EXCLUSIVELY TO
PRODUCT REPLACEMENT OR REFUND OF PURCHASE PRICE.
4.6 Except in respect of personal injury or death caused directly
by the negligence of Bloxware, in no event will Bloxware be
liable to you for any damages, including any lost profits,
lost savings, loss of data or any indirect, special, incidental
or consequential damages arising out of the use of or inability
to use such Software, even if Bloxware has been advised of
the possibility of such damages. Nothing in this Agreement
limits liability for fraudulent misrepresentation.
4.7 This license gives you specific legal rights and that you may
have other rights that vary from country to country. Some
jurisdictions do not allow the exclusion of implied warranties,
or certain kinds of limitations or exclusions of liability,
so the above limitations and exclusions may not apply to you.
Other jurisdictions allow limitations and exclusions subject
to certain conditions. In such a case the above limitations
and exclusions shall apply to the fullest extent permitted by
the laws of such applicable jurisdictions. If any part of the
above limitations or exclusions is held to be void of
unenforceable, such part shall be deemed to be deleted from
this agreement and the remainder of the limitation or exclusion
shall continue in full force and effect. Any rights that you
may have as a consumer (i.e. a purchaser for private as
opposed to business, academic or government use) are not affected.
5.1 If any of the terms of this Agreement are violated, Bloxware
reserves the right to revoke the license at any time.
5.2 Third Party Code. Additional copyright notices and
license terms applicable to portions of the Software are
set forth in the THIRDPARTYLICENSEREADME.txt file, which shall be
considered as an integral and inseparable part of this Agreement,
and shall be read with this Agreement as one. In addition to
any terms and conditions of any third party opensource/freeware
license identified in the THIRDPARTYLICENSEREADME.txt file,
the disclaimer of warranty and limitation of liability provisions
in paragraphs 5 and 6 of the Binary Code License Agreement
shall apply to all Software in this distribution.
5.2 Any dispute and/or misunderstanding in connection with this
Agreement shall be finally settled by arbitration conducted
in accordance with Jordanian Arbitration Law by a committee
of three arbitrators, each Party shall choose one arbitrator,
and the two arbitrators shall choose the third Arbitrator. The
language of arbitration shall be Arabic and the place of the
arbitration shall be Amman / Jordan.
License Agreement 1.0