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1998-08-08
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98 lines
Waba (TM) Software Development Kit and Virtual Machine Version 1.0
Binary Code License
This binary code license ("License") contains rights and restrictions
associated with the use of the accompanying software and documentation
("Software"). By installing, copying or otherwise using the Software you
agree to be bound by the terms and conditions of this License.
1. Limited License Grant.
Wabasoft grants to you ("Licensee") a limited, non-exclusive,
non-transferable license to use the Software without fee for evaluation of
the Software, and for the development and running of Waba (TM) compatible
applications.
In addition, Licensee is granted a royalty-free right to reproduce and
distribute the Waba Virtual Machine ("WabaVM") Software provided that the
Licensee: (i) distributes the WabaVM complete and unmodified, only as part
of, and for the sole purpose of running, Licensee's Waba (TM) compatible
application ("Program"); (ii) does not distribute additional software
intended to replace any component(s) of the WabaVM; (iii) displays this
License conspicuously with each copy of the WabaVM; and (iv) agrees to
indemnify, hold harmless, and defend Wabasoft and its licensors from and
against any claims or lawsuits, including attorneys' fees, that arise or
result from the use or distribution of the Program.
Licensee may not redistribute the Waba Software Development Kit, in whole
or in part, either separately or included with a product.
2. Restrictions.
The Software is the property of Wabasoft and is protected by copyright law.
Licensee may not modify, decompile, disassemble, decrypt, extract, or reverse
engineer the Software. Software may not be sold, leased, assigned,
sublicensed, or otherwise transferred, in whole or in part. The Software is
not designed or intended for mission critical applications, such as
pacemakers, weaponry, aircraft navigation, factory control systems, etc.
Licensee warrants that it will not use or redistribute the Software for such
purposes.
3. Trademarks.
This license does not authorize Licensee to use any Wabasoft name, trademark
or logo. Licensee acknowledges that Wabasoft owns all Waba-related
trademarks, logos and icons.
4. Disclaimer of Warranty.
Software is provided "AS IS," without a warranty of any kind. ALL EXPRESS OR
IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE
HEREBY EXCLUDED. THE ENTIRE RISK ARISING OUT OF USING THE SOFTWARE IS ASSUMED
BY THE LICENSEE.
5. Limitation of Liability.
WABASOFT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY
LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE.
IN NO EVENT WILL WABASOFT OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE,
PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL
OR PUNITIVE DAMAGES, HOWEVER CAUSED AN REGARDLESS OF THE THEORY OF LIABILITY,
ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF WABASOFT HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Termination.
Licensee may terminate this License at any time by destroying all copies of
Software. This license will terminate immediately without notice from
Wabasoft if Licensee fails to comply with any provision of this License. Upon
termination, Licensee must destroy all copies of Software.
7. Export Regulations.
Software, including technical data, is subject to U.S. export control laws,
including the U.S. Export Administration Act and its associated regulations,
and may be subject to export or import regulations in other countries.
Licensee agrees to comply strictly with all such regulations and acknowledges
that it has the responsibility to obtain licenses to export, re-export, or
import Software. Software may not be downloaded, or otherwise exported or
re-exported (i) into, or to a national or resident of, any country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury
Department's list of Specially Designated Nations or the U.S. Commerce
Department's Table of Denial Orders.
8. Restricted Rights.
Use, duplication or disclosure by the United States government is subject to
the restrictions as set forth in the Rights in Technical Data and Computer
Software Clauses in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19(c)(2) as
applicable.
9. Governing Law.
Any action related to this License will be governed by California law and
controlling U.S. federal law. No choice of law rules of any jurisdiction
will apply.
10. Severability.
If any of the above provisions are held to be in violation of applicable law,
void, or unenforceable in any jurisdiction, then such provisions are herewith
waived to the extent necessary for the License to be otherwise enforceable
in such jurisdiction. However, if in Wabasoft's opinion deletion of any
provisions of the License by operation of this paragraph unreasonably
compromises the rights or increase the liabilities of Wabasoft or its
licensors, Wabasoft reserves the right to terminate the License and refund
the fee paid by Licensee, if any, as Licensee's sole and exclusive remedy.