END-USER SOFTWARE LICENSE AGREEMENT FOR g9
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS SOFTWARE PRODUCT INSTALL:
Esito AS’ End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a legal entity) and Esito AS for the Esito AS SOFTWARE PRODUCT(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("the SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. This EULA represents the entire agreement concerning the SOFTWARE PRODUCT between you (also referred to as "Licensee") and Esito AS (referred to as "Licensor") and it supersedes any prior proposal, representation, or understanding between you and the Licensor. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
A trial version (the "Trial Version") of the SOFTWARE PRODUCT is available free of charge with limited functionality: the import and update functionality will not work with a domain model containing more than 12 classes and the build functionality will not work with g9 projects containing more than 12 classes. The Trial Version of the SOFTWARE PRODUCT may be Used for the sole purpose of determining whether to purchase a license for a commercial version of the SOFTWARE PRODUCT.
When used in this EULA, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
"Licensor" means Esito AS, with its main address located at Sandakerveien 114A, N-0484 Oslo.
"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the SOFTWARE PRODUCT.
"Licensee" means you, unless otherwise indicated.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g. volume license) granted by Licensor.
"Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
2. SOFTWARE PRODUCT LICENSE
Licensor grants to Licensee a non-exclusive, non-transferable, perpetual license to Use the SOFTWARE PRODUCT for the purposes described in and on the conditions and limitations set forth in this EULA.
Any third party materials referred to may be subject to separate terms and conditions, which are typically found in a "Read Me" file located near such materials.
2.2 General license to Use the SOFTWARE PRODUCT
You may Use the SOFTWARE PRODUCT on your Computer, up to the Permitted Number of Computers.
2.3 Site license for the SOFTWARE PRODUCT
If you obtain a site license from the Licensor you may Use one (1) copy of the SOFTWARE PRODUCT on your Computer file server for the purpose of Using the SOFTWARE PRODUCT on other Computers within your internal network up to the Permitted Number or you may Use one (1) copy of the SOFTWARE PRODUCT on a Computer file server within your internal network for the sole and exclusive purpose of Using the SOFTWARE PRODUCT through commands, data or instructions (e.g. scripts) from an unlimited number of Computers on your internal network. No other network Use is permitted, including but not limited to, Using the SOFTWARE PRODUCT either directly or through commands, data or instructions from or to a Computer not part of your internal network, for internet or web hosting services or by any user not licensed to use this copy of the SOFTWARE PRODUCT through a valid license from Licensor.
2.4 Backup Copy
Notwithstanding the above, you may also make copies of the SOFTWARE PRODUCT necessary for backup and archival purposes.
2.5 Scope of license
The SOFWARE PRODUCT is licensed as an Eclipse Feature. The SOFTWARE PRODUCT gives the Licensee access to a bundle of plug-ins. The plug-in for the Run-time module ("Run-time module") is subject to a separate license agreement, http://download.esito.no/licenses/g9runtimelicense.html.
Plug-ins for the generators (“Generators”) and the Run-time Module may be altered and customized for your own internal purposes. You are not authorized to, without prior written approval from Licensor, to license, sell or otherwise transfer or dispose of any altered or customized Generators or Generators based on or derived from the Generators to a third party. The Licensee may develop separate generators and distribute them to third parties.
3. LIMITATION OF RIGHTS
3.1 Maintenance of Copyright Notices
You must not remove or alter any copyright notices on any and all copies of the SOFTWARE PRODUCT.
3.2 Prohibition on Alteration, Amendment and Modification
The SOFTWARE PRODUCT consists of several files which must be installed on your computer. The SOFTWARE PRODUCT does not itself include any open source files, however files generated by the use of the SOFTWARE PRODUCT may refer to open source material which may be altered, amended or modified subject to the applicable open source licenses. You are responsible for being in compliance with the applicable open source license(s) and Licensor disclaims any and all liability related to your use of any open source software.
You may not alter, amend or modify any other files than the aforementioned, or the source code, including, but not limited to, alterations, amendments or modifications performed with the intention to correct any malfunction in the SOFTWARE PRODUCT.
3.3 Prohibition on Reverse Engineering, Decompilation, and Disassembly
You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by mandatory law or this EULA.
3.4 Rental and Assignment
You may not rent, lease, assign or lend out the SOFTWARE PRODUCT.
3.5 Compliance with Applicable Laws
You must comply with all applicable laws regarding use of the SOFTWARE PRODUCT.
Without prejudice to any other rights, Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT in your possession.
5. INTELLECTUAL PROPERTY RIGHTS
All titles, including but not limited to copyrights, in and to the SOFTWARE PRODUCT and any copies thereof are owned by Licensor or its suppliers (as the case may). All titles and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by Licensor.
All fees are payable within 14 days from invoice date. If applicable, VAT is invoiced.
7. SUPPORT AGREEMENT
7.1 Scope of agreement
During the term of the Support Agreement established in this Section 7 ("the Support Agreement"), Licensor agrees to furnish to Licensee the following maintenance and support services for the SOFTWARE PRODUCT (which shall hereinafter collectively be referred to as the "Services"):
- SOFTWARE PRODUCT update, upgrades and correction services.
- Error reporting services by e-mail to email@example.com.
7.2 Not included in "Services" are
- Maintenance for software programs not used under the conditions of use indicated by Licensor and/or this EULA.
- Maintenance for software programs changed and/or developed by Licensee, including for the avoidance of doubt any alternations or customizations to the Generators and/or the Run Time Module.
- Maintenance for software program parts that are not part of the original version of the programs.
7.3 Fees for Services
The Services are invoiced on an annual basis according to the at all times applicable prices for such Services.
7.4 Additional services
The Licensor will upon request from Licensee and subject to Licensor's availability of personnel provide additional support services against separate payment. Additional services are invoiced according to the Licensor's at all time applicable hourly rates.
7.5 Rights in work result
All titles, rights and interest in all software, printed material and other physical media containing designs, symbols, inventions and reports performed and customer feedback created or written in accordance with this Support Agreement along with any rights of intellectual property related thereto, including but not limited to patents, copyrights, trademarks and industrial designs shall vest in and inure to the benefit of Licensor.
7.6 Durations of the contract
This Support Agreement will last for a term of 12 months beginning on the order date. Thereafter, this Support Agreement shall automatically be renewed for successive 12 months term unless Licensee gives Licensor written notice at least 60 days before the day on which the term or renewal would expire of its intention not to renew this Support Agreement.
8. NO WARRANTIES
The SOFTWARE PRODUCT is licensed to you and your use of the SOFTWARE PRODUCT is at your own risk. Licensor expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT is provided ‘As Is’ without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, non-infringement, or fitness of a particular purpose. Licensor does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the SOFTWARE PRODUCT. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. Licensor further expressly disclaims any warranty or representation to any third party.
9. LIMITATION OF LIABILITY
In no event shall Licensor be liable for any direct or indirect damages (including, without limitation, lost profits, business interruption, or lost information) rising out of the use of or inability to use the SOFTWARE PRODUCT, even if Licensor has been advised of the possibility of such damages. In no event will Licensor be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. Licensor shall have no liability with respect to the content of the SOFTWARE PRODUCT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.
You may not assign your rights, duties or obligations under this EULA without the prior written consent of Licensor.
11. GOVERNING LAW
This EULA shall be governed by and interpreted in accordance with the laws of Norway. The parties agree Oslo city court (Oslo tingrett) as legal venue.