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diff --git a/licenses/Ximian-Connector b/licenses/Ximian-Connector deleted file mode 100644 index e16e04166827..000000000000 --- a/licenses/Ximian-Connector +++ /dev/null @@ -1,221 +0,0 @@ -Terms of license: - -THIS SOFTWARE LICENSE AGREEMENT ("THE AGREEMENT") IS A LEGAL AGREEMENT -BETWEEN XIMIAN, INC., , 401 PARK DRIVE, 3 WEST, BOSTON, MA 02215 -("XIMIAN") AND THE CUSTOMER OF THE SOFTWARE (THE "CUSTOMER"). BY -INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU REPRESENT (I) -THAT YOU HAVE BEEN AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE -CUSTOMER (THE ENTITY ON WHOSE BEHALF YOU REPRESENT YOU ARE AUTHORIZED TO -ACT, IN WHICH EVENT "YOU" AND "YOUR" SHALL REFER TO YOU AND SUCH ENTITY, -AS THE CASE MAY BE), OR (II) THAT YOU INTEND TO BE PERSONALLY BOUND TO -THE TERMS OF THIS AGREEMENT AS THE CUSTOMER. IF YOU ARE NOT SO -AUTHORIZED OR DO NOT INTEND TO BE PERSONALLY BOUND, THEN LICENSOR IS -UNWILLING TO LICENSE THE SOFTWARE AND THE INSTALLATION OR USE OF THE -SOFTWARE IS A VIOLATION OF U.S. AND INTERNATIONAL COPYRIGHT LAWS AND -CONVENTIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY DELETE THE -UNUSED SOFTWARE WITHIN THIRTY DAYS AFTER YOU OBTAINED THE SOFTWARE AND -REQUEST A FULL REFUND OF THE LICENSE FEE. IF YOU ACCEPT THESE TERMS FOR -AN ENTITY ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT, YOU MAY USE THE -SOFTWARE ONLY ON BEHALF OF SUCH ENTITY. IF YOU INTEND TO BE PERSONALLY -BOUND, USE OF THE SOFTWARE IS LIMITED TO YOUR PERSONAL USE. - -XIMIAN hereby agrees to grant and CUSTOMER agrees to accept a -non-exclusive license to use the Software subject to the following terms -and conditions: - -1. Right to Use: The Software is provided in and is licensed for use in -object code form only and for use only by the number of user(s) and/or -on the number of computer(s) as described on the license file sent to -you upon purchase. CUSTOMER may make one copy of the Software for use as -archival or backup purposes (or that number of copies as permitted by -applicable law), but any and all copies must include XIMIAN's copyright -notice, and are fully subject to the terms of this Agreement. CUSTOMER -may not reverse engineer, disassemble, decompile, translate or otherwise -attempt to create the source code from the Software or create derivative -works of the Software or any portion thereof, including for reasons of -error correction or interoperability. During the warranty period stated -in Section 5 below, at CUSTOMER's request and at XIMIAN's election or as -may be required by applicable law, XIMIAN will make commercially -reasonable efforts to make available to CUSTOMER certain interface -specifications so that CUSTOMER may develop software interfaces to -provide interoperability with the Software. CUSTOMER may not (i) publish -or provide any results of benchmark tests run on the Software to a third -party without Licensee's prior written consent, (ii) disclose, -distribute or otherwise make available the Software to any other party -or permit others to use it, except employees and agents of CUSTOMER who -use it on CUSTOMER's behalf, if CUSTOMER is an entity, or (iii) remove -or alter any trademark, logo, copyright or other proprietary notices, -legends, symbols or labels in the Software. CUSTOMER may not rent, -lease, sublicense, grant a security interest in, or otherwise transfer -rights to the Software, but CUSTOMER may transfer the Software to a -third party on a permanent basis provided CUSTOMER retains no copies and -the recipient agrees to accept all of the terms and conditions of this -Agreement. Upon such permitted transfer, CUSTOMER must either transfer -all copies of the Software and all materials provided for or with it to -the recipient or destroy any copies not so transferred. - -2. Duration: This license shall continue so long as CUSTOMER uses the -Software in compliance with the Agreement. Should the CUSTOMER breach -any of its obligations, this license shall terminate and CUSTOMER agrees -to destroy or return all copies of the Software and all materials -provided for or with the Software upon notification and demand by -XIMIAN. - -3. Title: XIMIAN retains all proprietary rights and title to the -Software and any modifications, and no ownership of any part of the -Software is hereby transferred to CUSTOMER. - -4. Security: CUSTOMER understands and agrees that the Software contains -trade secrets belonging to XIMIAN, and will take all reasonable steps to -protect its confidentiality. CUSTOMER acknowledges that the Software is -the property of XIMIAN and contains confidential information. CUSTOMER -agrees that, other than to its employees, it will not provide a copy of -the Software nor divulge any details of it to any person without the -prior consent in writing of XIMIAN. - -5. Warranties: XIMIAN warrants solely that for a period of ninety (90) -days from shipment by XIMIAN of the Software, the medium upon which the -Software is delivered (if the Software is not downloaded by CUSTOMER) -will be free from defects in material and workmanship when given normal, -proper and intended usage, and that the Software will function -materially as described in the accompanying Software user documentation -("Documentation"). This warranty does not apply insofar as: (a) the -Software is subjected to misuse, neglect, accident, or exposure to -environmental conditions beyond those specified in the Documentation; -(b) claims resulting from acts or omissions caused by persons other than -XIMIAN or from products, material or software not provided by XIMIAN; -(c) a version of the Software is used that does not include all updates -available from XIMIAN; (d) the Software is modified or; (e) the Software -is used on an operating system other than the system and version -specified in the Documentation or on a machine not described in the -Documentation. - -In the event of a breach of warranty, XIMIAN's sole responsibility, and -CUSTOMER's sole and exclusive remedy, is, at XIMIAN's option, to repair -or replace all or any portions of the Software, or to refund the paid -license fee. This limited warranty is valid only if XIMIAN receives -written notice of breach of warranty within ten days of such ninety-day -period. - -6. Limitation of Warranties and Liability: EXCEPT AS EXPRESSLY SET FORTH -IN SECTION 5 HEREIN, XIMIAN SHALL HAVE NO LIABILITY TO THE CUSTOMER OR -ANY THIRD PARTY FOR THE SOFTWARE, INCLUDING ANY LIABILITY FOR -NEGLIGENCE; XIMIAN MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES, -EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT -OR ANY OTHER COMMUNICATION; AND XIMIAN SPECIFICALLY DISCLAIMS ANY -WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A -PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CUSTOMER MAY HAVE -CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY, -HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF -STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE -WARRANTY PERIOD SET FORTH IN SECTION 5 ABOVE. MOREOVER, IN NO EVENT WILL -WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO -APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER, -AGENT, OR EMPLOYEE OF XIMIAN IS AUTHORIZED TO MAKE ANY MODIFICATIONS, -EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. - -CUSTOMER is responsible for the selection of the Software to achieve its -intended results, and for the installation, use and results obtained -from the Software. XIMIAN does not warrant that use of the Software will -be uninterrupted or error free, nor that program errors will be -corrected. - -The Software is not fault-tolerant and is not designed, manufactured or -intended for use or resale as on-line control equipment in hazardous -environments requiring fail-safe performance, such as in the operation -of nuclear facilities, aircraft navigation or communication systems, air -traffic control, direct life support machines, or weapons systems, in -which the failure of the Software could lead directly to death, personal -injury, or severe physical or environmental damage ("High Risk -Activities"). Accordingly, XIMIAN and its suppliers specifically -disclaim any express or implied warranty of fitness for High Risk -Activities. - -The cumulative liability of XIMIAN to the CUSTOMER for all claims -relating to the Software, in contract, tort, or otherwise, shall not -exceed the total amount of all license fees paid to XIMIAN by the -CUSTOMER for the Software. - -IN NO EVENT SHALL XIMIAN BE LIABLE TO THE CUSTOMER FOR ANY -CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE OR INCIDENTAL DAMAGES, -INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND -LOST DATA, EVEN IF XIMIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH -POTENTIAL LOSS OR DAMAGE. - -SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION -OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE EXCLUSIONS OR -LIMITATION MAY NOT APPLY TO YOU. - -7. Taxes: CUSTOMER agrees to pay (and to reimburse XIMIAN on request if -XIMIAN is required to pay) any sales, use, value added (VAT), -consumption or other tax (excluding any tax on XIMIAN's net income) or -other fee or charge of any kind or nature that is levied or imposed by -any governmental authority on CUSTOMER's use or license of the Software. - -8. Miscellaneous: This Agreement, the license granted hereunder, the -Software and any modifications thereto may not be assigned or in any way -transferred without the prior written consent of XIMIAN. The terms of -this Agreement shall be construed in accordance with the substantive -laws of the Commonwealth of Massachusetts, United States of America, -without giving effect to the principles of conflict or choice of law of -such Commonwealth. The original of this Agreement has been written in -English. The parties hereto waive any statute, law, or regulation that -might provide an alternative law or forum or to have this Agreement -written in any language other than English. XIMIAN and CUSTOMER exclude -the United Nations Convention on Contracts for the International Sale of -Goods and the Uniform Computer Information Transactions Act from this -Agreement. If any provision of this Agreement is held to be excessively -broad as to scope, activity, subject or otherwise so as to be -unenforceable at law, such provision shall be constructed by limiting or -reducing it so as to be enforceable to the maximum extent compatible -with the applicable law as it shall then appear. This Agreement -represents the entire understanding between the parties with respect to -its subject matter and supersedes all prior written and oral -communications. This Agreement may not be modified except by a written -agreement signed by authorized representatives of both parties. A waiver -by either party of its rights hereunder shall not be binding unless -contained in a written agreement signed by an authorized representative -of the party waiving its rights. The non-enforcement or waiver of any -provision on one occasion shall not constitute a waiver of such -provision on any other occasions unless expressly so agreed in writing. - -9. U.S. Government Restricted Rights: The Software and Documentation are -"commercial items" as that term is defined in 48 C.F.R. 2.101 (October -1995) consisting of "commercial computer software" and "commercial -computer software documentation" as such terms are used in 48 C.F.R. -227.7202-1, 227.7202-3 and 227.7202-4 (June 1995). If the CUSTOMER -hereunder is the U.S. Government or any agency or department thereof, -the Software and Documentation are licensed hereunder (i) only as a -commercial item, and (ii) with only those rights as are granted to all -other end users pursuant to the terms and conditions of this Agreement. - -10. Export Control: None of the Software or underlying information or -technology may be downloaded or otherwise exported or reexported (i) -into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North -Korea, Iran, Syria or any other country to which the U.S. has embargoed -goods; or (ii) to anyone on the U. S. Treasury Department's list of -Specially Designated Nationals or the U.S. Commerce Department's Table -of Denial Orders. By downloading or using the Software, CUSTOMER agrees -to the foregoing and represents and warrants that it is not located in, -under the control of, or a national or resident of any such country or -on any such list. In addition, CUSTOMER agrees to comply with all -relevant export laws and regulations of the United States and any local -laws in its jurisdiction that may impact its right to import, export or -use the Software, and represents that it has complied with any -regulations or registration procedures required by applicable law to -make this license enforceable. - -11. Arbitration: CUSTOMER agrees that all disputes arising out of or -relating to this Agreement shall be finally settled by arbitration -conducted in Boston, Massachusetts, United States of America, under the -rules of commercial arbitration of the American Arbitration Association. -Both parties shall bear equally the cost of arbitration (exclusive of -legal fees and expenses, all of which each party shall bear separately). -All decisions of the arbitrator(s) shall be final and binding on both -parties and enforceable in any court of competent jurisdiction. -Notwithstanding the foregoing, in the event of breach by CUSTOMER of its -obligations hereunder, XIMIAN may seek injunctive or other equitable -relief in any court of competent jurisdiction. - - - |