209 lines
9.1 KiB
Plaintext
209 lines
9.1 KiB
Plaintext
Carrot Search FoamTree License Agreement
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By downloading, installing, copying, saving on your computer, or otherwise
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using this software, you (Licensee, as defined below) are becoming a party to
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this Agreement and you are consenting to be bound by all the terms and
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conditions of this Agreement. If you do not agree to the terms and conditions
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of this Agreement, you should not download, install or use the software.
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If there is a separate agreement in force between Carrot Search and the
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Licensee, Licensee will not be bound by this Agreement.
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Upon your acceptance of this Agreement, Carrot Search grants to you a
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non-exclusive and non-transferable license to use FoamTree, provided that you
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agree to the following:
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1. Parties
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a. Carrot Search means Carrot Search s.c., located at Boznicza 11/57, 61-751
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Poznan, Poland.
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b. Licensee means the individual or legal entity specified in the License File
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defined below.
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2. Definitions
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a. FoamTree means a software system for visualizing hierarchical data
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structures. FoamTree is distributed in a binary form along with documentation.
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b. Integration Code means the source code provided by Carrot Search to Licensee
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to facilitate integration of FoamTree with the software developed by Licensee.
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c. License File means electronic evidence and specification of the license
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granted to the Licensee by Carrot Search. Only Carrot Search is permitted to
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produce License Files for FoamTree.
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d. Licensing Period means the perpetual or limited period in which Licensee can
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use FoamTree. Licensing Period is specified in the License File.
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e. Maintenance Period means the limited period in which Licensee is entitled to
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upgrade to new versions of FoamTree and receive support. Maintenance Period is
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specified in the License File.
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f. Server means a computer controlled by Licensee which serves FoamTree for the
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purposes of delivering services to end users. Identification of the Server in
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the License File may vary based on the characteristics of Licensee's software
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that uses FoamTree.
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3. Ownership
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a. FoamTree is the property of Carrot Search. FoamTree is licensed, not sold.
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Title and copyrights to FoamTree, in whole or in part, and all copies thereof,
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and all modifications, enhancements, derivatives and other alterations of
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FoamTree, regardless of who made them, if any, are, and will remain, the sole
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and exclusive property of Carrot Search.
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b. The structure, organization, and code embodied in FoamTree, except for
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Integration Code, are valuable and confidential trade secrets of Carrot Search
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and are protected by copyright laws, intellectual property laws and treaties.
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Licensee agrees to abide by the copyright law and all other applicable laws.
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4. Grant of license
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Subject to the terms, conditions, and limitations set forth in this Agreement,
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Carrot Search hereby grants to Licensee a worldwide, limited, non-exclusive,
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non-transferable license to use FoamTree as follows:
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a. Licensee may:
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i. serve FoamTree from the Server or Servers identified in the License File
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for the purposes of delivering services to end users during the Licensing
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Period;
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ii. use FoamTree on computers controlled by Licensee for the purposes of
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development of Licensee's software dependent on FoamTree during the Licensing
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Period;
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iii. upgrade to any version of FoamTree released during the Maintenance
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Period;
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iv. include Integration Code, in entirety or in parts, in the software
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developed by Licensee;
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v. make back-up copies of FoamTree and License File solely for archival
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purposes;
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vi. use the Limited Version of FoamTree, as described in Section 5, without
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purchasing a License File.
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b. Licensee may not:
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i. sell, redistribute, encumber, give, lend, rent, lease, sublicense, or
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otherwise transfer FoamTree, or any portions of FoamTree, to anyone without
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the prior written consent of Carrot Search;
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ii. reverse engineer, decompile, disassemble, modify, translate, make any
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attempt to discover the source code of FoamTree, or create derivative works
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from FoamTree;
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iii. allow the use of FoamTree on Servers not identified in the License File;
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iv. disable, remove or circumvent the feature limitation mechanisms built
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into the Limited Version of FoamTree. Any attempt to do so will be in
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violation of this Agreement and will terminate Licensee's rights to use
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FoamTree.
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c. Carrot Search will:
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i. promptly, and in any event within 72 hours, respond to e-mail requests
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for support that are made during mutually agreed upon business hours, taking
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into account time zone differences, except weekends and holidays;
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ii. notify Licensee of and provide any bug fix and new releases of FoamTree;
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iii. provide a number of free consulting hours, specified in the License
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File, for integration code adjustments, performance tuning and extra
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documentation. Any additional technical support shall be charged at standard
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Carrot Search hourly rate.
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5. Use of the Limited Version
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a. Subject to the terms of this Agreement, Licensee is granted a right to use
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the Limited Version of FoamTree without charge;
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6. Disclaimer of warranty
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FoamTree is provided on an "as is" without warranties of any kind, express,
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implied or statutory, including but not limited to, the implied warranties of
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title, noninfringement, merchantability and fitness for a particular purpose.
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7. Disclaimer of damages
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a. Regardless of whether any remedy set forth herein fails of its essential
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purpose, in no event will Carrot Search be liable to Licensee under any theory
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for any damages suffered by Licensee or any user of FoamTree, or for any
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special, incidental, indirect, consequential, or similar damages (including
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without limitation, damages for loss of business profits, business
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interruption, loss of business information, or any other pecuniary loss)
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arising out of the use or inability to use FoamTree, or the provision of or
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failure to provide support services, even if Carrot Search has been advised of
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the possibility of such damages, and regardless of the legal or equitable
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theory (contract, tort or otherwise) upon which the claim is based;
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b. In any case, Carrot Search's entire liability under any provision of this
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agreement will be limited to the amount actually paid by licensee for FoamTree.
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8. Term and Termination
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This Agreement takes effect upon Licensee's acceptance of the terms of this
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Agreement and remains effective until terminated by either party in accordance
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with this Agreement. Licensee may terminate this Agreement at any time by
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destroying all copies of FoamTree. This Agreement will automatically terminate
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if Licensee fails to comply with any term or condition of this Agreement. Upon
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termination of this Agreement, Licensee warrants that they will immediately
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destroy all copies of FoamTree.
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9. General
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a. Unless the Licensee explicitly opts out by notifying the Carrot Search, the
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Licensee agrees to be identified as a customer of Carrot Search and that Carrot
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Search may refer to Licensee by name, trade name and trademark on Carrot Search
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web site and marketing materials;
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b. Carrot Search reserves the right at any time to cease the support of FoamTree
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and to alter prices, features, specifications, capabilities, functions,
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licensing terms, release dates, general availability or other characteristics
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of FoamTree;
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c. This Agreement, including Third Party Software license agreements,
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constitutes the entire agreement between the parties concerning Licensee' use
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of the Software, and supersedes any and all prior or contemporaneous oral or
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written representations, communications, or advertising with respect to the
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Software. No purchase order, other ordering document or any hand written or
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typewritten text which purports to modify or supplement the printed text of
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this Agreement or any schedule will add to or vary the terms of this Agreement
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unless signed by both Licensee and Carrot Search.
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d. A waiver by either party of any term or condition of this Agreement or any
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breach thereof, in any one instance, will not waive such term or condition or
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any subsequent breach. The provisions of this Agreement which require or
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contemplate performance after the expiration or termination of this Agreement
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will be enforceable notwithstanding said expiration or termination.
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e. This Agreement will be construed under the laws of the Polish trade and
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European Union, without regard to conflicts of laws provisions thereof. This
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Agreement and the performance of all obligations hereunder shall be governed
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according to Polish Law and the parties hereto hereby submit to the
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jurisdiction of the Polish Courts. All civil suits between the parties hereto
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shall be adjudicated by a common court with official residence in Poznan,
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Poland.
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f. Titles are inserted for convenience only and will not affect in any way the
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meaning or interpretation of this Agreement. If any provision of this Agreement
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is held invalid, the remainder of this Agreement will continue in full force
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and effect. Either Licensor or Licensee may assign this Agreement in the case
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of a merger or sale of substantially all of its respective assets to another
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entity. This Agreement will be binding upon and will inure to the benefit of
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the parties, their successors and assigns.
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