Copyright ⌐1997-98 Allaire Corporation All Rights Reserved
Important Notice
As part of the installation process, you will be asked to accept the terms of this Agreement. This Agreement is a legal contract that specifies the terms of the license and warranty limitation between you and Allaire Corporation for the HomeSite software and related documentation. You should carefully read the following terms and conditions before installing or using the software. Unless you have entered into a separate written license agreement with Allaire providing otherwise, installation or use of the software indicates your agreement to be bound by these terms and conditions. If you do not agree to these terms, promptly delete and destroy all copies of the software and related documentation in your possession. Upon your certification to Allaire that you do not accept this license agreement and have deleted and destroyed all copies of the software and related documentation, your money will be refunded.
AllaireÆs willingness to license you the software is expressly conditioned on your acceptance of all of the terms of this Software License Agreement.
Versions of the Software
The HomeSite software is available in a commercial and an evaluation version. Both the commercial and the evaluation versions are subject to the terms and conditions of this Agreement. The commercial version of the software requires payment by you of a license fee. The evaluation version of the software is the only version that is provided without charge. The evaluation version is not free software and is subject to the restrictions set forth below.
UPON ORDERING, DOWNLOADING, INSTALLING OR UNENCRYPTING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
License to Use
One copy of the HomeSite software may either be used (1) by a single person who uses the software personally on one or more computers, or (2) by multiple people non-simultaneously on a single workstation, but not both. You may access the commercial version of HomeSite through a network, provided that you are the only person who may use the software or you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if eight different workstations will access HomeSite on the network, each workstation must have its own HomeSite license, regardless of whether the workstations access the software at different times or concurrently.
The software and documentation are protected by the copyright laws of the United States and international treaty provisions. There are severe penalties, both civil and criminal, for copyright infringement. You may not copy all or any part of the software or related documentation, except that (1) you may make a reasonable number of copies of the software solely for backup or archival purposes and (2) you may make copies of the evaluation version for electronic distribution as set forth below.
Multiple Media and Upgrades
You may receive the software and related documentation in more than one medium. Regardless of the number of media you receive, you may use only the medium that is appropriate for the server on which the software is to be installed. You may not install, use or transfer the other media, except as part of a permanent transfer of your licensed copy of the software and related documentation as set forth below.
If the software and related documentation are provided as an upgrade to an earlier licensed release of the software, then you must have a valid license to operate such earlier release of the same version and edition as the upgrade to install or use the upgrade. All software being upgraded is deemed to be part of the software and is subject to this Agreement. You may transfer an upgrade only in conjunction and together with the licensed software being upgraded.
License to Electronically Redistribute the Evaluation Version
You may make exact copies of the entire setup file containing the evaluation version of the software, this Agreement, and any documentation and distribute the unmodified copy via electronic file transfer. All such copies shall be subject to this Agreement. There is no charge for making or distributing copies in this manner. You are specifically prohibited, however, without Allaire's prior written permission, from charging, or requesting donations, however made, for any copies you make or distribute, from distributing copies with other products (commercial or otherwise) and from distributing copies on CD-ROM or any other media, or otherwise distributing copies by other than electronic means. Contact Allaire (info@allaire.com) for more information on redistributing the evaluation version.
Ownership and Limitation of Licenses
All rights to the HomeSite software and documentation not expressly granted under this Agreement are reserved to Allaire Corporation, including all patent, copyright, trade secret, trademark and other proprietary rights therein. You may not translate, decompile, disassemble or reverse engineer the HomeSite software or documentation. This Agreement does not authorize you to use Allaire's name or any of its trademarks (which include, but are not limited to the word "Allaire," the Allaire "A" logo, the "<allaire>" tag logo, the HomeSite logo, and the word "HomeSite.)"
Transfer
Subject to the transferee's agreement in writing to be bound by the terms of this Agreement, you may permanently transfer all of your rights under this Agreement by transferring all media, all upgrades and all related documentation together with this Agreement. You may retain no copies of the software or related documentation. If the software and related documentation is an upgrade to an earlier licensed release of the software, any transfer must include all prior releases of the software and documentation.
Term and Termination
If you have acquired an evaluation version, the license granted herein shall automatically terminate thirty (30) days after you first install such version. Subsequent downloads, installations or use of the evaluation version by or for you will not extend, renew, or otherwise restart the term of the license. The license granted for the commercial version will continue until it is terminated. Allaire may terminate any license granted herein if you fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, you must promptly return to Allaire or destroy all copies of the software and related documentation covered by the license.
Warranty and Remedies
ALLAIRE PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE EVALUATION VERSION. THE SOFTWARE AND DOCUMENTATION ACCOMPANYING THE EVALUATION VERSION ARE PROVIDED "AS IS."
For the commercial version, Allaire warrants that the physical media and the documentation will be free from defects in materials and workmanship under normal use for 90 days from the date of delivery to you. Allaire also warrants that the commercial version will be free from significant defects that prevent the software from performing substantially in the manner described in the user manual for a period of 90 days from the date of delivery to you. At Allaire's option, Allaire's sole responsibility shall be (i) to replace defective media or documentation, as the case may be, (ii) to use reasonable efforts to correct significant defects in the software without charge, or (iii) to refund the license fee paid to Allaire for the applicable copy of the software and terminate all licenses granted to you for such copy. Any replacement software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
THE REMEDIES SET FORTH ABOVE WITH RESPECT TO A BREACH OF WARRANTY SHALL BE THE EXCLUSIVE REMEDIES FOR ANY BREACH OF WARRANTY WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
By way of example, without limitation, Allaire provides no warranties of any kind to any end-users accessing or otherwise using applications developed or otherwise obtained by you. The warranties do not cover damage or defects caused by or related to misuse, accident, negligence or misapplication. Because programs such as this are inherently complex, Allaire does not warrant that the software is error-free or will operate without interruption. Furthermore, Allaire does not warrant that the software will work with any given database, network or network application. You acknowledge that due to the complexity of the software, it is possible that use of the software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE WARRANTY LANGUAGE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASE, ALLAIRE'S LIABILITIES SHALL BE LIMITED BY THE PROVISION BELOW ENTITLED 'LIMITATION ON LIABILITY.'
Limitation on Liability
IN NO CASE SHALL ALLAIRE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF ALLAIRE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE WILL ALLAIRE'S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU TO ALLAIRE.
U.S. Government Licensing Rights
If the software is licensed under a U.S. Government contract, you acknowledge that the software and related documentation are "commercial items," as defined in 48 C.F.R 2.01, consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You also acknowledge that the software is "commercial computer software" as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies and entities and others acquiring under a U.S. Government contract shall have only those rights, and shall be subject to all restrictions, set forth in this Agreement.
You agree to abide by the terms of the following notice, if such notice appears in or on the packaging for the software, and you agrees not to remove such notice from the software.
IMPORTANT NOTICE: THIS SOFTWARE OR ANY UNDERLYING INFORMATION OR ANY UNDERLYING TECHNOLOGY MAY NOT BE DOWNLOADED, DISTRIBUTED OR OTHERWISE EXPORTED OR RE-EXPORTED OUTSIDE THE UNITED STATES (OR CANADA) OR TO ANY FOREIGN ENTITY OR FOREIGN PERSON AS DEFINED BY U.S. GOVERNMENT REGULATIONS, INCLUDING WITHOUT LIMITATION ANYONE WHO IS NOT A CITIZEN, NATIONAL, OR LAWFUL PERMANENT RESIDENT OF THE UNITED STATES (OR CANADA), OR TO ANYONE ON THE U.S. TREASURY DEPARTMENTÆS LIST OF SPECIALLY DESIGNATED NATIONALS OR ON THE U.S. COMMERCE DEPARTMENTÆS TABLE OF DENIAL ORDERS OR ENTITY LIST, OR INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, IRAQ, LIBYA, NORTH KOREA, IRAN OR ANY OTHER COUNTRY TO WHICH THE U.S. EMBARGOES GOODS.
BY DOWNLOADING OR USING THIS SOFTWARE, YOU AND YOUR COMPANY ARE AGREEING TO ABIDE BY THE FOREGOING AND ARE WARRANTING THAT YOU AND YOUR COMPANY ARE NOT A FOREIGN PERSON OR FOREIGN ENTITY (OTHER THAN A CANADIAN PERSON OR CANADIAN ENTITY) OR UNDER THE CONTROL OF A FOREIGN PERSON OR FOREIGN ENTITY (OTHER THAN A CANADIAN PERSON OR CANADIAN ENTITY).
Miscellaneous
The internal laws of the Commonwealth of Massachusetts shall control this Agreement if you are located anywhere other than Canada. The internal laws of the Province of Ontario shall control if you are located in Canada. In each case this Agreement shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods and will be deemed a contract under seal.
This Agreement is the complete agreement between you and Allaire concerning the software and related documentation. The failure or delay of Allaire to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.
No Allaire dealer, agent or employee is authorized to make any amendment to this Agreement. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
If you have any questions concerning this Agreement or the software or related documentation, you may contact Allaire's customer service at www.allaire.com or infor@allaire.com.
