SpringSource makes available all content in this distribution ("Content"). Unless otherwise indicated below, the Content is provided to you under the terms and conditions of the SpringSource, Inc. License Agreement. A copy of this license follows below.
SPRINGSOURCE, INC. LICENSE AGREEMENT
READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE DOWNLOADING THIS SPRINGSOURCE, INC. SOFTWARE ("Software") AND ASSOCIATED DOCUMENTATION ("Documentation"). BY DOWNLOADING AND USING THE SOFTWARE AND THE DOCUMENTATION (collectively, the "Product"), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD OR USE THE PRODUCT.
This SpringSource, Inc. License Agreement ("Agreement") is between SpringSource, Inc. ("SpringSource") and the person or entity downloading the Software ("you" or "Customer").
1. License Grant. Subject to the terms and conditions of this Agreement, SpringSource agrees to grant, and does hereby grant to Customer during the Term of this Agreement, a limited, non-exclusive, non-transferable right and license, solely to the object code version of the Software and without the right to grant or authorize sublicenses or to further distribute the Products, to install and use the Products solely for Customer’s internal business operations. Customer may make up to two copies of the Products for backup and/or archival purposes. The Products are only available electronically via download and will not be available in any other format.
2. License Restrictions. Customer agrees not to: (a) copy or use the Products in any manner except as expressly permitted in this Agreement; (b) transfer, sell, rent, lease, distribute, or sublicense the Products to any third party; (c) use the Products for providing time-sharing services, service bureau services or as part of an application services provider or as a service offering; (d) reverse engineer (except as permitted by applicable law), disassemble or decompile the Products; (e) alter or remove any proprietary notices in the Products; (f) make available to any third party any analysis of the results of operation of the Products, including benchmarking results, without the prior written consent of SpringSource.
3. Ownership. The Products are and shall remain the sole property of SpringSource and its licensors, and, except as expressly provided herein, SpringSource and its licensors retain all right, title and interest in and to the Products, including all intellectual property rights therein and thereto.
4. Warranty Disclaimer. THE ENTIRE RISK AS TO THE RESULTS OF USE OF THE SOFTWARE RESTS WITH CUSTOMER, AND THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPRINGSOURCE HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SPRINGSOURCE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.
5. Limitation of Liability. SPRINGSOURCE SHALL NOT BE LIABLE HEREUNDER FOR ANY DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, LOSS OF DATA, BUSINESS INTERRUPTION OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR RELATED TO THIS AGREEMENT. YOU AGREE THAT THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS ARE A REASONABLE ALLOCATION OF THE RISK BETWEEN THE PARTIES AND WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS IN ITS ESSENTIAL PURPOSE.
6. TERM AND TERMINATION. This Agreement commences upon your downloading the Software and will continue in effect until termination in accordance with this Section 6. Customer may terminate this Agreement at any time by ceasing use of the Software and deleting all copies thereof in Customer’s possession. This Agreement shall automatically terminate, without notice, in the event that Customer materially breaches any provision herein. Upon the termination of this Agreement, Customer shall cease all use of the Products, deinstall the Products and destroy all copies of the Products. Upon the termination of this Agreement, Sections 3, 4, 5, 6, 7 and 8 will survive.
7. Government Rights. The Products under this Agreement are "commercial computer Products" as that term is described in DFAR 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer Products and/or commercial computer Products documentation subject to the terms and this Agreement as specified in 48C.F.R. 12.212 (Computer Products) and 12.11 (Technical Data) of the Federal Acquisition Regulations ("FAR") and its successors. If acquired by or on behalf of any agency within the Department of Defense ("DOD"), the U.S. Government acquires this commercial computer Products and/or commercial computer Products documentation subject to the terms of this Agreement as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors. Customer will not export the Products in violation of the export laws of the United States or of any other country.
8. General This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of purchase order or other document used by Customer to place orders or otherwise effect transactions hereunder, which such terms are hereby rejected. This Agreement supersedes all prior or contemporaneous discussions, proposals and agreements between the parties relating to the subject matter hereof. No amendment, modification or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. If any provision of this Agreement is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. No waiver of rights by either party may be implied from any actions or failures to enforce rights under this Agreement. Neither party will be liable to the other for any delay or failure to perform due to causes beyond its reasonable control (excluding payment of monies due). Unless otherwise specifically stated, the terms of this Agreement are intended to be and are solely for the benefit of SpringSource and Customer and do not create any right in favor of any third party. This Agreement will be governed by and construed in accordance with the laws of the United States and the State of California without reference to its conflict of laws principles. All disputes arising out of or relating to this Agreement will be submitted to the exclusive jurisdiction of a court of competent jurisdiction located in the Northern District of California or a state court located in San Francisco, California, and each party irrevocably consents to such personal jurisdiction and waives all objections to this venue. All notices must be in writing and will be effective three (3) days after the date sent.