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			248 lines
		
	
	
		
			16 KiB
		
	
	
	
		
			Plaintext
		
	
	
	
	
	
Retype Software License Agreement
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Version 3.11.0
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THIS DOCUMENT IS A LEGAL AGREEMENT (the "License Agreement") BETWEEN OBJECT.NET, INC. ("We," "Us")
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AND YOU OR THE ORGANIZATION ON WHOSE BEHALF YOU ARE UNDERTAKING THE LICENSE DESCRIBED BELOW ("You",
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"Your") IN RELATION TO THE RETYPE SOFTWARE LIBRARY(IES) (THE "Software"), IN BOTH SOURCE AND OBJECT
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CODE FORM, AND/OR ALL RELATED MATERIALS.
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BY DOWNLOADING, INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT THE FOLLOWING TERMS
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AND CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS OF THIS LICENSE AGREEMENT,
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DO NOT PROCEED WITH THE DOWNLOADING, COPYING, INSTALLATION OR ANY OTHER USE OF THE SOFTWARE OR ANY
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PORTION THEREOF AS YOU HAVE NO RIGHTS TO DO SO. THE SOFTWARE IS PROTECTED BY UNITED STATES
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COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT LAWS, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND
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TREATIES. THE SOFTWARE IS LICENSED, NOT SOLD.
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THIS LICENSE AGREEMENT DESCRIBES YOUR RIGHTS AND RESTRICTIONS WITH RESPECT TO THE SOFTWARE AND
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ITS COMPONENTS.
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1. DEFINITIONS
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"Application" means any software, application, or elements that Your Designated Users develop using
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the Software or Modifications in accordance with this Agreement; provided that any such Application
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(i) must have substantially different functionality than the Software, and (ii) must not allow any
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third party to use the Software or Modifications, or any portion thereof, for software development
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or application development purposes.
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"Designated User" shall mean a single distinct person for whom You have purchased a license to use
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the Software, whether such person is an employee acting within the scope of their employment with
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You or Your consultant or contractor acting within the scope of the services they provide for You.
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A Designated User can be replaced with a new Designated User only after being a Designated User
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for a minimum of six (6) months.
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"End User" means an end user of Your Application who acquires a license to such solely for their
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own internal use and not for distribution, resale, user interface design, or software development
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purposes.
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"Modification" means: a) any addition to or deletion from the contents of a file included in the
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original Software or previous Modifications created by You, and/or b) any new file that leverages
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any part of the original Software or previous Modifications.
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"Sample Code" means sample source code included with the Software and designated as "sample code,"
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"samples," "sample application code," and/or "snippets," and/or found in directories labeled
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"samples", "learn", "docs", "examples" or "examples explorer".
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2. LICENSE GRANT
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Subject to the payment of the fee required, and subject to your compliance with all of the terms
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and conditions of this Agreement, We grant to You a revocable, non-exclusive, non-transferable and
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non-sublicensable license (i) for Designated User(s) to use the Software to create Modifications
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and Applications; (ii) for You to distribute the Software and/or Modifications to End Users solely
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as integrated into the Applications; and (iii) for End Users to use the Software as integrated into
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Your Applications in accordance with the terms of this Agreement.
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In addition to the other terms contained herein, We grant to You a revocable, non-exclusive,
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non-transferable and non-sublicensable license to install and use the Software (the "Free License")
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for Your internal evaluation, review, and production purposes. The Free License may contain
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restricted functionality. You are explicitly not permitted to distribute the Software to any user
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outside the Organization on whose behalf you have undertaken this license. We reserve the right to
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terminate Your License at any time in Our absolute and sole discretion. Without the purchase and
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inclusion of a License Key, the Software may contain restricted functionality, which from
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time-to-time may differ in its limitations. If you wish to remove these restrictions, you are
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required to purchase a Retype License Key; otherwise you must leave this limitation intact and not
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attempt to modify or circumvent it in any way.
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In addition to the other terms contained herein, in the event You have downloaded or received beta
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or pre-release versions of the Software (the "Beta Software") from Us, We grant to You a revocable,
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non-exclusive, non-transferable and non-sublicensable license to install and use the Beta Software
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strictly for Your internal evaluation and review purposes and not for production purposes (the
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"Beta License"). You are explicitly not permitted to distribute the Software to any user outside
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the Organization on whose behalf you have undertaken this license. Your rights to use the Beta
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Software will immediately terminate upon the earlier of (i) the expiration of the evaluation period
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established by Us, or (ii) such time that You purchase a license to a non-evaluation version of the
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Software. We reserve the right to terminate Your Beta License at any time in Our absolute and sole
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discretion.
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YOU ACKNOWLEDGE THAT TRIAL AND/OR BETA SOFTWARE MIGHT PLACE WATERMARKS ON OUTPUT, CONTAIN LIMITED
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FUNCTIONALITY, FUNCTION FOR A LIMITED PERIOD OF TIME, OR LIMIT THE FUNCTIONALITY OR TIME OF
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FUNCTIONING OF ANY OUTPUT. ACCESS TO AND/OR USE OF ANY FILES OR OUTPUT CREATED WITH SUCH SOFTWARE
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IS ENTIRELY AT YOUR OWN RISK. WE ARE LICENSING THE SOFTWARE ON AN "AS IS" BASIS AT YOUR OWN RISK
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AND WE DISCLAIM ANY WARRANTY OR LIABILITY TO YOU OF ANY KIND.
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You may modify the "Sample Code" solely for the purposes of designing, developing and testing Your
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own Applications. However, You are permitted to use, copy and redistribute Your modified Sample
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Code only if all of the following conditions are met: (a) You include Our copyright notice (if any)
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with Your Application, including every location in which any other copyright notice appears in such
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Application; and (b) You do not otherwise use Our name, logos or other of Our trademarks to market
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Your Application, unless otherwise agree by Us in writing.
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3. OWNERSHIP
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This is a license agreement and not an agreement for sale. We reserve ownership of all intellectual
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property rights inherent in or relating to the Software, which include, but are not limited to, all
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copyright, patent rights, all rights in relation to registered and unregistered trademarks
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(including service marks), confidential information (including trade secrets and know-how) and all
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rights other than those expressly granted by this Agreement.
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We may provide You with source code so that You can create Modifications and Applications. While You
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retain all rights to any original work authored by You as part of the Modifications, We continue to
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own all copyright and other intellectual property rights in the Software.
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You must not remove, obscure or interfere with any copyright, acknowledgment, attribution,
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trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in
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connection with the Software.
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4. PROHIBITED USES
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You may not redistribute the Software or Modifications other than by including the Software or a
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portion thereof within Your Application. You may not redistribute the Software or Modifications as
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part of any Application that can be described as a development toolkit or library, an application
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builder, a website builder or any Application that is intended for use by software, application, or
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website developers or designers. You may not redistribute any part of the Software documentation.
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You may not change or remove the copyright notice from any of the files included in the Software or
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Modifications.
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UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE FOR AN APPLICATION THAT IS INTENDED FOR SOFTWARE OR
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APPLICATION DEVELOPMENT PURPOSES.
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UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE (INCLUDING WITHOUT LIMITATION THE SOURCE CODE
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THEREOF) AS THE BASIS FOR OR IN CONNECTION WITH A PRODUCT THAT CONTAINS THE SAME, OR SUBSTANTIALLY
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THE SAME, FUNCTIONALITY AS THE SOFTWARE.
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You are required to ensure that the Software is not reused by or with any applications other than
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those with which You distribute it as permitted herein. For example, if You install the Software on
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a customer's server, that customer is not permitted to use the Software independently of Your
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Application, and must be informed as such.
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5. TERMINATION
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This Agreement and Your right to use the Software and Modifications will terminate immediately if
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You fail to comply with any of the terms and conditions of this Agreement. Upon termination, You
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agree to immediately cease using and destroy the Software or Modifications, including all
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accompanying documents. The provisions of sections 4, 5, 6, 7, 8, 9, and 11 will survive any
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termination of this Agreement.
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6. DISCLAIMER OF WARRANTIES
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR RESELLERS DISCLAIM ALL WARRANTIES AND
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CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
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MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE AND NON-INFRINGEMENT, WITH REGARD TO
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THE SOFTWARE. WE DO NOT GUARANTEE THAT THE OPERATION OF THE SOFTWARE OR THE CODE IT PRODUCES WILL
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BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT IS NOT TECHNICALLY PRACTICABLE FOR US
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TO DO SO.
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7. LIMITATION OF LIABILITIES
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TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR RESELLERS BE LIABLE
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UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
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WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
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INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR
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INABILITY TO USE THE SOFTWARE OR THE CODE IT PRODUCES OR ANY OTHER SUBJECT MATTER RELATING TO THIS
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AGREEMENT, EVEN IF WE OR OUR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
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CASE, OUR ENTIRE LIABILITY WITH RESPECT TO ANY SUBJECT MATTER RELATING TO THIS AGREEMENT SHALL BE
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LIMITED TO THE GREATER OF (I) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR (II) ONE HUNDRED
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DOLLARS ($100).
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8. PAYMENT AND TAXES
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If credit has been extended to You by Us, all payments under this Agreement are due within thirty
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(30) days of the date We mail an invoice to You. If We have not extended credit to You, You shall
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be required to make payment concurrent with the delivery of the Software by Us. Any value added
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tax, use tax, sales tax or similar tax ("Transaction Taxes") shall be your sole responsibility.
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Each party shall pay all taxes (including, but not limited to, taxes based upon its income) or
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levies imposed on it under applicable laws, regulations and tax treaties as a result of this
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Agreement and any payments made hereunder (including those required to be withheld or deducted
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from payments); provided that You shall be responsible for all Transactions Taxes and shall pay or
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reimburse Us for the same upon invoice. Each party shall furnish evidence of such paid taxes as is
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sufficient to enable the other party to obtain any credits available to it, including original
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withholding tax certificates. Notwithstanding the foregoing, Software ordered through Our resellers
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is subject to the fees and payment terms set forth on the applicable reseller invoice.
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9. MISCELLANEOUS
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The license granted herein applies only to the version of the Software available when purchased in
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connection with the terms of this Agreement, and to any updates and/or upgrades to which you may be
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entitled. Any previous or subsequent license granted to You for use of the Software shall be
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governed by the terms and conditions of the agreement entered in connection with purchase or
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download of that version of the Software. You agree that you will comply with all applicable laws
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and regulations with respect to the Software, including without limitation all export and re-export
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control laws and regulations.
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While redistributing the Software or Modifications thereof as part of Your Application, You may
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choose to offer acceptance of support, warranty, indemnity, or other liability obligations and/or
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rights consistent with this Agreement. However, in accepting such obligations, You may act only on
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Your own behalf and on Your sole responsibility, not on our behalf. You shall indemnify Us and our
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resellers, or at Our option, defend Us and our resellers against any claim, suit or proceeding
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brought against Us or our resellers (i) arising by reason of Your accepting any such support,
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warranty, indemnity or additional liability; or (ii) arising out of the use, reproduction or
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distribution of Your Application, except to the extent such claim is solely based on the inclusion
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of the Software therein. Further, You agree only to distribute the Software pursuant to an
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enforceable written agreement for Our benefit that includes all the limitations and restrictions of
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this Agreement and is as protective of Us and Software as is this Agreement. For clarity, You must
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purchase Designated User licenses for each contractor or consultant who uses the Software to create
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an Application on your behalf (including system integrators), whether or not such contractor or
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consultant has its own license to the Software.
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You agree to be identified as a customer of ours and You agree that We may refer to You by name,
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trade name and trademark, if applicable, and may briefly describe Your business in our marketing
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materials and web site.
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You may not assign or transfer this Agreement without Our prior written consent. This Agreement
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may be assigned by Us in whole or part and will inure to the benefit of Our successors and
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assigns. Notwithstanding the foregoing, in any instance in which You transfer ownership of an
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Application on a work for hire basis, You may assign licenses for the total Designated Users that
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have used the Software to develop said Application under this Agreement to another party (Assignee)
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provided (i) you provide written notice to Us prior to the effective date of such assignment; and
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(ii) there is a written agreement, wherein the Assignee accepts the terms of this Agreement. Upon
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any such transfer, the Assignee may appoint new Designated Users.
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You acknowledge that this Agreement is complete and is the exclusive representation of our 
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agreement. No oral or written information given by Us, Our resellers, or otherwise on Our behalf 
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shall create a warranty or collateral contract, or in any way increase the scope of this Agreement
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in any way, and You may not rely on any such oral or written information. No term or condition 
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contained in any purchase order shall have any force or effect.
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There are no implied licenses or other implied rights granted under this Agreement, and all rights,
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save for those expressly granted hereunder, shall remain with Us and our licensors. In addition, no
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licenses or immunities are granted to the combination of the Software and/or Modifications, as
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applicable, with any other software or hardware not delivered by Us or Our resellers to You under
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this Agreement. Your rights under this Agreement apply only to Software, Modifications, and/or
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Applications for which all Designated Users are duly licensed hereunder.
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If any provision in this Agreement shall be determined to be invalid, such provision shall be 
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deemed omitted; the remainder of this Agreement shall continue in full force and effect. If any
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remedy provided is determined to have failed for its essential purpose, all limitations of
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liability and exclusions of damages set forth in this Agreement shall remain in effect.
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This Agreement may be modified only by a written instrument signed by an authorized representative
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of each party. The failure of either party to enforce any provision of this Agreement may not be
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deemed a waiver of that or any other provision of this Agreement.
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This Agreement is governed by the law of the Province of Alberta, Canada and all parties
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irrevocably submit to the jurisdiction of the courts of the Province of Alberta and further agree
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to commence any litigation which may arise hereunder in the courts located in the judicial district
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of Edmonton, Alberta, Canada.
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If the Software or any related documentation is licensed to the U.S. Government or any agency
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thereof, it will be considered to be "commercial computer software" or "commercial computer
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software documentation," as those terms are used in 48 CFR § 12.212 or 48 CFR § 227.7202, and is
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being licensed with only those rights as are granted to all other licensees as set forth in this
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Agreement.
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                     Copyright 2008-2021 Object.NET, Inc., All rights reserved.
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                                       Object.NET, Inc.
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                                       +1(888)775-5888
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                                     licensing@object.net
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                                          object.net |