SOFTWARE LICENSE AGREEMENT
FOR USE OF SOALIB PRODUCTS
THIS IS A LEGAL CONTRACT BETWEEN YOU AND SOALIB. YOU SHOULD CAREFULLY READ AND ACCEPT ALL THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT BEFORE USING ALL OR ANY PORTION OF THIS SOFTWARE. IF YOU ARE ACCESSING THE SOFTWARE ELECTRONICALLY, SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS LICENSE BY CLICKING THE "AGREE/ACCEPT" BUTTON. BY USING THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AND ALSO AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE SOFTWARE AND (IF APPLICABLE) RETURN THE SOFTWARE TO THE PLACE WHERE YOU OBTAINED IT FOR A REFUND OR, IF THE SOFTWARE WAS ACCESSED ELECTRONICALLY, CLICK "DISAGREE/DECLINE".
The following terms govern your use of the enclosed Software unless you have a separate written agreement with SOALIB.
"SOALIB" means the SOALIB, Inc. "You, your" refers to the Licensee.
USAGE. Upon payment of all applicable fees and subject to the terms of this License, SOALIB grants you a non-exclusive, perpetual (unless terminated by you), non-transferable license to install and use the software in a single computer (called as server for the server products and client for the client products). If the Software is licensed for "concurrent use", you may not allow more than the maximum number of authorized users to Use the Software concurrently. If the software has instance limits on users, then you may not allow more than the maximum number of instances allowed.
COPY. You can make exactly one binary copy of the Software for backup purposes only. The copy must be binary equivalent to the original purchased software in whatever media it was downloaded from and must include this license agreement.
OWNERSHIP. You own the media on which the Software is recorded or fixed, but you acknowledge that SOALIB and its licensors retain ownership of the Software itself. SOALIB reserves any rights not expressly granted to you. The rights granted are limited to SOALIB's and its licensors' intellectual property rights in the Software and do not include any other patents or intellectual property rights.
DEVELOPER. If the license is specifically for developers, the software may only be used to learn and develop products based on this software. The product developed using SOALIB products (hereon called Developer Product) may not be sold or distributed unless a commercial license is purchased from SOALIB. If the commercial license for SOALIB products were purchased, then the Developer Product must have a copy of this license along with other license agreements that they may have. Developer agrees not to use the Software Libraries (jar files, class files, DLL, EXE, .so shared objects, zip archives, compressed binaries) for any applications developed by the user without obtaining a separate license for the software for distribution purposes. The developer is solely responsible to their customers for any update or support obligation or other liability which may arise from future possible Licensing,
EDUCATION. If the Software is licensed at an education discount, then the Software may only be used for the purposes of teaching students. If the software is purchased by an education provider (like University, colleges, and other institutions and individuals who provide education to students), then this software may only be used for the purpose of providing education to students. if the software purchased by a student, then it can only be used for the purpose of learning.
UPGRADES. If the Software is licensed as an upgrade or update, then you may only use the Software to replace a validly licensed version of the same software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the software it is replacing, nor may you transfer the software which is being replaced to a third party). If SOALIB products are used in Developer Product's it is the responsibility of the supplier of the Developer Product to make such upgrades.
TERMINATION. SOALIB may terminate your license upon notice for failure to comply with any of these License Terms. Upon termination, you must immediately destroy the Software, together with all copies, adaptations and merged portions in any form. You may terminate this License at any time by destroying any installation of this software, the original medium and the backup copy.
EXPORT. You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.
REGISTRATION. You may be required to register your copy of the Software to obtain the product update notices, supporting services and upgrade information. This registration obligation is further described in the SOALIB documentations.
LIMITATIONS. YOU MAY NOT REVERSE ENGINEER, DE-COMPILE OR DISASSEMBLE THE SOFTWARE IN ORDER TO DISCOVER THE SOURCE CODE OF THE SOFTWARE AND/OR ANY COMPONENT THEREOF. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, SELL OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.
RESTRICTED USES. THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
TRANSFER. YOU MAY NOT TRANSFER OR ASSIGN ITS RIGHTS UNDER THIS LICENSE TO ANOTHER PARTY WITHOUT SOALIB'S PRIOR WRITTEN CONSENT. IF A TRANSFER TO A NEW SERVER BECOMES A NECESSITY, THEN THE PRESENT INSTALLATION MUST HAVE TO BE DESTROYED AND THE SOFTWARE HAVE TO BE REINSTALLED FROM THE ORIGINAL DISTRIBUTION MEDIUM OR A BACKUP COPY.
DISCLAIMER. SOALIB AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS, EITHER EXPRESS OR IMPLIED (WHETHER COLLATERALLY, BY STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS OF MERCHANTABILITY, SATISFACTORY QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOU'S ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. SOALIB DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SOALIB OR AN SOALIB AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, CONDITIONS OR OTHER TERMS THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE TERMS OF THIS DISCLAIMER AND THE LIMITED WARRANTY UNDER THIS SECTION DO NOT AFFECT OR PREJUDICE THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS, NEITHER DO THEY LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY SOALIB'S NEGLIGENCE.
EXCLUSIONS. IN NO EVENT WILL SOALIB, ITS PARENT, SUBSIDIARIES, OR ANY OF ITS LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE) OR DIRECT LOSS OF BUSINESS, BUSINESS PROFITS OR REVENUE, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM (WHETHER UNDER CONTRACT, NEGLIGENCE OR OTHER TORT OR UNDER STATUTE OR OTHERWISE HOWSOEVER ARISING) AND EVEN IF SOALIB OR A SOALIB REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
LIMITATION. SOALIB warrants that the media containing the Software, if provided by SOALIB, is free from defects in material and workmanship under normal use for a period of ninety (90) days from the date of delivery as evidenced by a copy of the receipt. SOALIB sole liability for any breach of this warranty shall be to replace you defective media. Any media not meeting SOALIB Limited Warranty must be returned to SOALIB by prepaid post with a copy of the receipt. Replaced Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Software.
YOUR USE OF THE SOFTWARE IS ENTIRELY AT YOUR OWN RISK. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL SERVICE, REPAIR OR CORRECTION. IF THE DEFECTIVE PRODUCT HAS AN UPDATE OR UPGRADE OR OTHER FIX AVAILABLE, IT WOULD BE AT YOUR OWN COST TO CONTACT SOALIB FOR UPDATE PATCHES AND PAY REQUIRED FEES FOR SUCH UPDATES OR UPGRADES IF APPLICABLE. THE PARTIES AGREE THAT THIS LIMITATION OF REMEDIES AND DAMAGES PROVISION SHALL BE ENFORCED INDEPENDENTLY OF AND SURVIVE THE FAILURE OF ESSENTIAL PURPOSE OF ANY WARRANTY REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION OF LIABILITY IN THIS SECTION MAY NOT APPLY TO YOU. NOTHING IN THIS LICENSE AFFECTS OR PREJUDICES THE STATUTORY RIGHTS OF A CONSUMER ACQUIRING THE SOFTWARE OTHERWISE THAN IN THE COURSE OF A BUSINESS.
RESERVATION OF RIGHTS
All rights not expressly granted in this Agreement are reserved by SOALIB.