BY INSTALLING THE SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.á IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT INSTALL THE SOFTWARE.
ActiveState Perl Debugger Software
END USER LICENSE AGREEMENT
REDISTRIBUTION OR RENTAL NOT PERMITTED
As used in this Agreement, "ActiveState" shall refer to ActiveState Tool Corp.
LICENSE GRANT. ActiveState grants you a non-exclusive license to use the accompanying proprietary software product ("Software") subject to the terms of the type of license.
This License does not entitle you to hard-copy documentation, support or telephone assistance except as noted. ActiveState will provide assistance in installing the software. ActiveState will maintain and operate a mailing list for peer support.
MULTIPLE LICENSE TYPES
There are three types of licenses of ActiveState Tool Debugger (Trial, User and Machine), each of which is subject to this Agreement. UPON ORDERING, DOWNLOADING, INSTALLING OR USING ANY VERSION OF THE SOFTWARE, YOU ARE REAFFIRMING THAT YOU ARE BOUND TO THE TERMS OF THIS AGREEMENT.
USER LICENSE
A User license is for a specific user. Only that user may use the software. A user license may be used by the same user on any number of machines.
MACHINE LICENSE
A Machine License is for a specific machine or computer. A machine license may only be used on one particular machine, but any number of users may use it.
TRIAL LICENSE
The trial version is the only version that is provided without charge; however, the evaluation version is not free software. All rights and licenses to the trial version automatically expire after 7 days, after which you must either obtain a new Trial version or purchase either a User or Machine license.
For details on purchasing, please refer to the License.htm file installed with the software or the ActiveState Perl Debugger page at http://www.ActiveState.com/PLDB/.
LIMITATIONS. You may not:
modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), or create derivative works of (except as provided otherwise herein) the Software;
copy or use the Software other than as specified above;
rent, lease, grant a security interest in, or otherwise transfer rights to the Software;
publish or provide any results of benchmark tests run on the Software to a third party without ActiveState's prior written consent; or
remove any proprietary notices or labels on the Software.
LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ActiveState OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. IN NO EVENT WILL ActiveState BE LIABLE FOR ANY DAMAGES EVEN IF ActiveState SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM ActiveState'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
INDEMNIFICATION. You defend, indemnify and hold harmless ActiveState, its suppliers and its resellers from and against liabilities, costs, damages and expenses (including settlement costs and reasonable attorneys' fees) arising from any claims that result from or relate to the use, reproduction or distribution of your application.
HIGH RISK ACTIVITIES. The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). ActiveState and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
MISCELLANEOUS. This Agreement represents the complete agreement concerning the license granted hereunder and may be amended only by a writing executed by both parties. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. This Agreement shall be governed by British Columbia law, excluding conflict of law provisions (except to the extent applicable law, if any, provides otherwise). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein.
TRADEMARKS. The following are trademarks of ActiveState: Perl for Win32, PerlScript, Perl for ISAPI, ActiveState Perl Debugger, Visual Perl. The use of a Gecko and/or a Camel with respect to perl are trademarks of O'Reilly and Associates.
Copyright ⌐ 1997, 1998 by ActiveState Tool Corp. All rights reserved.
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