ACEQL HTTP -
SINGLE PHYSICAL SITE
LICENSE AGREEMENT
This copy of AceQL HTTP ("the Software Product") and
accompanying documentation is licensed and not sold. This Software Product is
protected by copyright laws and treaties, as well as laws and treaties related
to other forms of intellectual property. KawanSoft or its subsidiaries, affiliates,
and suppliers (collectively "KawanSoft") own intellectual property
rights in the Software Product. The Licensee's ("you" or
"your") license to download, use, copy, or change the Software
Product is subject to these rights and to all the terms and conditions of this
End User License Agreement ("Agreement").
Acceptance
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS
AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND DOWNLOADING THE
SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU
MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO
DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS
AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE, OR
COPY THE SOFTWARE PRODUCT.
License Grant
This Agreement entitles you to
install and use the Software Product. This Agreement does not
permit the installation of the library kawanfw-sql-server-2.6.jar of
the Software Product on computers of more than one physical site at
any given time. For further information regarding licensing of the
Software Product, please contact:
Representative: KawanSoft
Address:
6, rue du Général
Delestraint
75016 Paris
FRANCE
Phone Number:
33 (0)1 77 39 00 18
E-mail Address: contact@kawansoft.com
Restrictions on
Transfer
Without first obtaining the express written consent of KawanSoft,
you may not assign your rights and obligations under this Agreement, or
redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer
your rights to the Software Product.
Restrictions on
Use
You may not use, copy, or
install the library kawanfw-sql-server-2.6.jar of the
Software Product on more that 3 computers on one physical
site or permit the use, copying, or installation of the library kawanfw-sql-server-2.6.jar jar
of the Software Product on more than 3 computers of one
physical site.
You may not decompile, "reverse-engineer",
disassemble, or otherwise attempt to derive the source code for the Software
Product.
Restrictions on
Alteration
You may not modify the Software Product or create any
derivative work of the Software Product or its accompanying documentation.
Derivative works include but are not limited to translations. You may not alter
any files or libraries in any portion of the Software Product.
Disclaimer of
Warranties and Limitation of Liability
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY
KAWANSOFT, KAWANSOFT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR
IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN
THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE
PRODUCT.
KawanSoft makes no warranty that the Software Product
will meet your requirements or operate under your specific conditions of use. KawanSoft
makes no warranty that operation of the Software Product will be secure, error
free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE
PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND
UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS
INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS.
KAWANSOFT WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE
LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL KAWANSOFT, ITS DIRECTORS,
OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND
(INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS
AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE
SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR
THE NEGLIGENCE OF KAWANSOFT OR ANY OTHER PARTY, EVEN IF KAWANSOFT IS ADVISED
BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE
APPLICABLE JURISDICTION LIMITS KAWANSOFT'S ABILITY TO DISCLAIM ANY IMPLIED
WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of
Remedies and Damages
Your remedy for a breach of this Agreement or of any
warranty included in this Agreement is the correction or replacement of the
Software Product. Selection of whether to correct or replace shall be solely at
the discretion of KawanSoft. KawanSoft reserves the right to substitute a
functionally equivalent copy of the Software Product as a replacement. If
KawanSoft is unable to provide a replacement or substitute Software Product or
corrections to the Software Product, your sole alternate remedy shall be a
refund of the Pricing price for the Software Product exclusive of any costs for
shipping and handling.
Any claim must be made within the applicable warranty
period. All warranties cover only defects arising under normal use and do not
include malfunctions or failure resulting from misuse, abuse, neglect,
alteration, problems with electrical power, acts of nature, unusual
temperatures or humidity, improper installation, or damage determined by
KawanSoft to have been caused by you. All limited warranties on the Software
Product are granted only to you and are non-transferable. You agree to
indemnify and hold KawanSoft harmless from all claims, judgments, liabilities,
expenses, or costs arising from your breach of this Agreement and/or acts or
omissions.
Governing Law,
Jurisdiction and Costs
This Agreement is governed by the laws of Paris, France.
Severability
If any provision of this Agreement shall be held to be
invalid or unenforceable, the remainder of this Agreement shall remain in full
force and effect. To the extent any express or implied restrictions are not
permitted by applicable laws, these express or implied restrictions shall
remain in force and effect to the maximum extent permitted by such applicable
laws.