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EULA.txt
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EULA.txt
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ACTIVESTATE KOMODO EDIT END-USER SOFTWARE LICENSE AGREEMENT
Version 1.0
A SOURCE CODE VERSION OF CERTAIN KOMODO EDIT FUNCTIONALITY THAT YOU MAY USE,
MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM
WWW.ACTIVESTATE.COM UNDER THE MOZILLA PUBLIC LICENSE and other open source
software licenses.
The accompanying executable code version of ActiveState Komodo Edit and related
documentation (the "Product") is made available to you under the terms of this
ACTIVESTATE KOMODO EDIT END-USER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT").
BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING ACTIVESTATE KOMODO
EDIT, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO NOT AGREE TO
THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE "ACCEPT" BUTTON,
AND DO NOT INSTALL OR USE ANY PART OF ACTIVESTATE KOMODO EDIT.
DURING THE ACTIVESTATE KOMODO EDIT INSTALLATION PROCESS, AND AT LATER TIMES, YOU
MAY BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY
SOFTWARE PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY
BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.
1. LICENSE GRANT. ActiveState grants you a non-exclusive license to use the
executable code version of the Product. This Agreement will also govern any
software upgrades provided by ActiveState that replace and/or supplement the
original Product, unless such upgrades are accompanied by a separate license, in
which case the terms of that license will govern.
2. TERMINATION. If you breach this Agreement your right to use the Product will
terminate immediately and without notice, but all provisions of this Agreement
except the License Grant (Paragraph 1) will survive termination and continue in
effect. Upon termination, you must destroy all copies of the Product.
3. PROPRIETARY RIGHTS. Portions of the Product are available in source code form
under the terms of the Mozilla Public License and other open source licenses
(collectively, "Open Source Licenses") at http://www.openkomodo.com. Nothing in
this Agreement will be construed to limit any rights granted under the Open
Source Licenses. Subject to the foregoing, ActiveState, for itself and on behalf
of its licensors, hereby reserves all intellectual property rights in the
Product, except for the rights expressly granted in this Agreement. You may not
remove or alter any trademark, logo, copyright or other proprietary notice in or
on the Product. This license does not grant you any right to use the trademarks,
service marks or logos of ActiveState or its licensors.
4. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO
THE EXTENT PERMITTED BY LAW, ACTIVESTATE AND ACTIVESTATE'S DISTRIBUTORS,
LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE,
FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR ENTIRE RISK AS TO
SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE QUALITY AND PERFORMANCE OF
THE PRODUCT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL
PURPOSE OF ANY REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF IMPLIED WARRANTIES, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, ACTIVESTATE AND ITS
DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY, THE
"ACTIVESTATE GROUP") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS
AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS, LOSS OF
DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR OTHERWISE) UPON
WHICH SUCH CLAIM IS BASED. THE ACTIVESTATE GROUP'S COLLECTIVE LIABILITY UNDER
THIS AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND
THE FEES PAID BY YOU UNDER THIS LICENSE (IF ANY). SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
6. EXPORT CONTROLS. This license is subject to all applicable export
restrictions. You must comply with all export and import laws and restrictions
and regulations of any United States or foreign agency or authority relating to
the Product and its use.
7. U.S. GOVERNMENT END-USERS. The Product is a "commercial item," as that term
is defined in 48 C.F.R. 2.101, consisting of "commercial computer software" and
"commercial computer software documentation," as such terms are used in 48
C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995). Consistent with
48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48 C.F.R. 227.7202, all
U.S. Government End Users acquire the Product with only those rights as set
forth herein.
8. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between
ActiveState and you concerning the subject matter hereof, and it may only be
modified by a written amendment signed by an authorized executive of
ActiveState. (b) Except to the extent applicable law, if any, provides
otherwise, this Agreement will be governed by the laws of the state of
California, U.S.A., excluding its conflict of law provisions. (c) This Agreement
will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods. (d) If any part of this Agreement is held invalid
or unenforceable, that part will be construed to reflect the parties' original
intent, and the remaining portions will remain in full force and effect. (e) A
waiver by either party of any term or condition of this Agreement or any breach
thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. (f) Except as required by law, the controlling
language of this Agreement is English. (g) You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its terms;
ActiveState may assign its rights under this Agreement without condition. (h)
This Agreement will be binding upon and will inure to the benefit of the
parties, their successors and permitted assigns.