TEAMPRISE CLIENT SUITE LICENSE AGREEMENT
IMPORTANT - READ CAREFULLY. This License Agreement (Agreement) is a legal agreement between you (either an individual or a single entity) and Teamprise for the software product identified above which includes computer software and online or electronic documentation and may include associated media and printed materials (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE PRODUCT.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This Agreement grants you certain limited, non-exclusive rights. Teamprise reserves all rights not expressly granted to you.
1a. MULTIPLE COMPONENTS OF THE SOFTWARE PRODUCT. The SOFTWARE PRODUCT is licensed in multiple configurations and may consist of one or more implementations of client software (CLIENTS) defined as follows:
i) For the TEAMPRISE CLIENT SUITE, the SOFTWARE PRODUCT consists of the TEAMPRISE PLUG-IN FOR ECLIPSE, the TEAMPRISE EXPLORER CLIENT, and the TEAMPRISE COMMAND LINE CLIENT;
ii) For the TEAMPRISE PLUG-IN FOR ECLIPSE, the SOFTWARE PRODUCT consists solely of the TEAMPRISE PLUG-IN FOR ECLIPSE;
iii) For the TEAMPRISE EXPLORER CLIENT, the SOFTWARE PRODUCT consists solely of the TEAMPRISE EXPLORER CLIENT;
iv) For the TEAMPRISE COMMAND LINE CLIENT, the SOFTWARE PRODUCT consists solely of the TEAMPRISE COMMAND LINE CLIENT.
1b. The SOFTWARE PRODUCT is licensed on a per-person basis. Each licensed person may install and use the software as many times as they wish on their devices. However, a license for each SOFTWARE PRODUCT is required for each person who uses it on those devices.
2. COPYRIGHT. All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by Teamprise or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
3a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
3b. Rental. You may not rent or lease the SOFTWARE PRODUCT.
3c. Software Transfer. You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this Agreement), and the recipient agrees to the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.
3d. Termination. Without prejudice to any other rights, Teamprise may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
3e. Distribution. You may not distribute this product, or any portion thereof, or any derived work thereof, to anyone outside your organization.
4. EXPORT RESTRICTIONS. You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this Agreement (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Teamprise.
MISCELLANEOUS
This Agreement is governed by the laws of the State of Illinois. Should you have any questions concerning this Agreement, or if you desire to contact Teamprise for any reason, please access our website at http://www.teamprise.com or contact us at feedback@teamprise.com.
NO WARRANTIES. To the maximum extent permitted by applicable law, Teamprise expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.
LIMITATION OF LIABILITY. Teamprise entire liability and your exclusive remedy under this Agreement shall not exceed five dollars (US $5.00).
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Teamprise or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this Teamprise product, even if Teamprise has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
Teamprise, Teamprise Client Suite and the Teamprise logo are trademarks of Teamprise.
Copyright (C) 2008 Teamprise. All rights reserved.
This product includes software developed by The Apache Software Foundation (http://www.apache.org/).
Portions (c) Copyright Eclipse contributors and others 2000, 2005. All rights reserved.
Portions Copyright (c) 2003-2005, Joe Walnes All rights reserved.
Portions Copyright 1994-2006 Sun Microsystems, Inc. All Rights Reserved.
Portions Copyright (c) 1995-2000 by the Hypersonic SQL Group.
Portions Copyright (c) 2001-2005, The HSQL Development Group All rights reserved.
Portions Copyright (c) 1995-2005 The Cryptix Foundation Limited. All rights reserved.
For licenses of included third party software, please see the Teamprise Documentation.