Software License Agreement
THIS TECHNORIVER SOFTWARE (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE "SOFTWARE") IS THE PROPERTY OF TECHNORIVER PTE LTD ("TECHNORIVER"). THE SOFTWARE IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE SOFTWARE.
TechnoRiver is only willing to grant you this License if you obtained the SOFTWARE from TechnoRiver or a TehnoRiver authorized reseller. If you obtained the SOFTWARE from any other source you may not install or use the SOFTWARE.
TechnoRiver License Agreement
The Software is proprietary to TechnoRiver. The Software is licensed, not sold, to you notwithstanding any reference herein to "purchases." You acknowledge and agree that: the Software is protected under International copyright laws; TechnoRiver and its licensors retain all copyrights and other intellectual property rights in the Software; there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by TechnoRiver; you acquire no ownership or other interest (other than your license rights) in or to the Software; and TechnoRiver owns all copies of the Software, however made. You agree that you will not, at any time, contest anywhere in the world TechnoRiver's ownership of the Software, nor will you challenge the validity of TechnoRiver's rights in the Software. You have no rights hereunder to use any trademark or service mark belonging to TechnoRiver.
2. License Grants (Developer License)
A developer is defined as someone who is involved in the development of an application that bundles or makes use of the Software directly/indirectly.
The Software Distribution License ("Distribution License") allows you royalty-free distribution of the Software internally (in the same organization) and externally (outside the organization), provided you adhere to the following terms:
(a) You may not resell, rent, lease, sub-license or distribute the Software alone. The Software must be distributed as a component of an application and bundled with an application or with the application's installation files. The Software may only be used as part of, and in connection with, the bundled application. You are not allowed to use the software to build or redistribute other software components (for example DLL's, OCX, VBX, Beans, EXE's, .Net Controls...) if their chief purpose is comparable to the chief purpose of the product (so called wrapping or re-wrapping).
(b) If more than one developer is developing with the Software, an additional Developer License is required.
(c) You agree to indemnify, hold harmless, and defend TechnoRiver and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of Your bundled application. Any rights to the software other than the above stated license conditions remain undiminished for Technoriver or their suppliers; the Licensee acquires no rights of any kind to the software.
3. License Grants (Server Deployment)
An end user is defined as someone who uses an application for any purpose where the application directly/indirectly bundles or makes use of the software. The use could be from a client application accessing a server application, a client application accessing a reporting server or a browser accessing a web application. A developer is defined as someone who is involved in the development of an application that bundles or makes use of the Software directly/indirectly.
(a) Depending on the below stated license types, the assignment of a software key grants the licensee the use of the software as described below:
(i) Single Server License The Single Server License allows use of the Software on one (1) server in your organization, where a single Server may have only 1 CPU or 1 CPU core. A Single Server License is required for each additional Server, CPU or CPU core. This includes servers owned by but not located in your organization.
(ii) Multiple Servers License The Multiple Servers License allows use of the Software on specific number of servers in your organization, where each Server may have more than 1 CPU or CPU core. This includes servers owned by but not located in your organization.
(iii) Unlimited Servers License The Unlimited Servers License allows the use of the Software on any number of servers/cpus in your organization. This includes servers owned by but not located in your organization.
This License also allows your company to bundle the Software with your commercial applications without any royalty.
(b) You agree to indemnify, hold harmless, and defend TechnoRiver and its suppliers from and against any and all claims or lawsuits including attorney's fees that arise or result from the use or distribution of Your bundled application. Any rights to the software other than the above stated license conditions remain undiminished for Technoriver or their suppliers; the Licensee acquires no rights of any kind to the software.
4. Intellectual Property Rights
The software and any copies of the software are the intellectual property of TechnoRiver. You may not alter, merge, modify, adapt, translate, decompile, reverse engineer, or disassemble the Software except as specified in this Agreement.
5. EXCLUSION OF ALL DAMAGES
IN NO EVENT WILL TECHNORIVER BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM OR RELATING TO THIS LICENSE OR THE SOFTWARE, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF TECHNORIVER KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TECHNORIVER'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE SOFTWARE, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION 5 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
6. WARRANTY DISCLAIMER
TECHNORIVER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TECHNORIVER DOES NOT WARRANT THAT THE SOFTWARE IS FLAWLESS, ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
7. LIMITATION AND RELEASE OF LIABILITY
The Software is provided to you on 'as-is' basis, and TechnoRiver has included in this Agreement terms that disclaim all warranties and liability for the Software. To the full extent allowed by law, YOU HEREBY RELEASE TECHNORIVER AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the Software under the terms of this Agreement, do not install the Software.
8. Entire License; Severability
This License constitutes the entire, final and exclusive agreement between you and TechnoRiver regarding the specific license transaction described herein. If any provision of this License is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this License will remain in full force and effect.
If you acquired the Software in the United States of America, this Agreement shall be governed by the internal laws of the State of California . If you acquired this Software outside of the United States of America , then local law may apply. No TechnoRiver dealer, agent or employee is authorized to make any amendment to this Agreement. All questions concerning this Agreement shall be directed to:
TechnoRiver Private Limited
Attn: General Counsel
Email : firstname.lastname@example.org