End user agreement for Softerra LDAP Browser
STANDARD LICENSE AGREEMENT
This is an Agreement between, Softerra, LLC. ("Softerra"), owner of the LDAP Browser software ("Software"), and you ("Licensee"), for the purpose of specifying the conditions under which Licensee will use the Software.
This Agreement is a legal contract which specifies the terms of the license and warranty limitation between you and Softerra for the LDAP Browser software and related documentation. You should carefully read the following terms and conditions before installing or using the Software. Unless you have entered into a separate written license agreement with Softerra providing otherwise, installation or use of the Software indicates your agreement to be bound by these terms and conditions. If you do not agree to these terms, do not attempt to install or use the Software.
Scope of Use.
- You may install the Software on a hard disk or other storage device; install and use the Software on a file server for use on a network for the purposes of (i) permanent installation onto hard disks or other storage devices or (ii) use of the Software over such network; and make backup copies of the Software.
- You may make and distribute unlimited copies of the Software, including copies for commercial distribution, as long as each copy that you make and distribute contains this Agreement and the same copyright and other proprietary notices pertaining to this Software that appear in the Software. If you download the Software from the Internet or similar on-line source, you must include the Softerra copyright notice for the Software with any on-line distribution and on any media you distribute that includes the Software.
Portions of the Software may not be used independently of the Software.
The Software is owned by Softerra and code are the valuable trade secrets of Softerra. You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
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 the Software (as an independent work and as an underlying work serving as a basis for any application you may develop) and related documentation remain the sole and exclusive property of Softerra, and that you will not derive or assert any title or interest in or to the Software or related documentation. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trademarks rights to the Software or related documentation. This Agreement does not authorize you to use Softerra's name or any of its trademarks.
Term and Termination
The license granted for the LDAP Browser Software will continue until it is terminated. Softerra may terminate any license granted herein if you fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, you must promptly return to Softerra or destroy all copies of the Software and related documentation covered by the license.
Warranty and Remedies
SOFTERRA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE SOFTWARE. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS."
THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
By way of example, without limitation, Softerra provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you.
The warranties do not cover damage or defects caused by or related to misuse, accident, negligence or misapplication. Because programs such as this are inherently complex, Softerra does not warrant that the Software is error-free or will operate without interruption. Furthermore, Softerra does not warrant that the Software will work with any given database, network or network application.
You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation on Liability
IN NO CASE SHALL SOFTERRA 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 SOFTERRA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement is the complete agreement between you and Softerra concerning the Software and related documentation. The failure or delay of Softerra to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.