license for Ximian Connector

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+Terms of license:
+
+THIS SOFTWARE LICENSE AGREEMENT ("THE AGREEMENT") IS A LEGAL AGREEMENT
+BETWEEN XIMIAN, INC., , 401 PARK DRIVE, 3 WEST, BOSTON, MA 02215
+("XIMIAN") AND THE CUSTOMER OF THE SOFTWARE (THE "CUSTOMER"). BY
+INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE, YOU REPRESENT (I)
+THAT YOU HAVE BEEN AUTHORIZED TO ACCEPT THESE TERMS ON BEHALF OF THE
+CUSTOMER (THE ENTITY ON WHOSE BEHALF YOU REPRESENT YOU ARE AUTHORIZED TO
+ACT, IN WHICH EVENT "YOU" AND "YOUR" SHALL REFER TO YOU AND SUCH ENTITY,
+AS THE CASE MAY BE), OR (II) THAT YOU INTEND TO BE PERSONALLY BOUND TO
+THE TERMS OF THIS AGREEMENT AS THE CUSTOMER. IF YOU ARE NOT SO
+AUTHORIZED OR DO NOT INTEND TO BE PERSONALLY BOUND, THEN LICENSOR IS
+UNWILLING TO LICENSE THE SOFTWARE AND THE INSTALLATION OR USE OF THE
+SOFTWARE IS A VIOLATION OF U.S. AND INTERNATIONAL COPYRIGHT LAWS AND
+CONVENTIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY DELETE THE
+UNUSED SOFTWARE WITHIN THIRTY DAYS AFTER YOU OBTAINED THE SOFTWARE AND
+REQUEST A FULL REFUND OF THE LICENSE FEE. IF YOU ACCEPT THESE TERMS FOR
+AN ENTITY ON WHOSE BEHALF YOU ARE AUTHORIZED TO ACT, YOU MAY USE THE
+SOFTWARE ONLY ON BEHALF OF SUCH ENTITY. IF YOU INTEND TO BE PERSONALLY
+BOUND, USE OF THE SOFTWARE IS LIMITED TO YOUR PERSONAL USE.
+
+XIMIAN hereby agrees to grant and CUSTOMER agrees to accept a
+non-exclusive license to use the Software subject to the following terms
+and conditions:
+
+1. Right to Use: The Software is provided in and is licensed for use in
+object code form only and for use only by the number of user(s) and/or
+on the number of computer(s) as described on the license file sent to
+you upon purchase. CUSTOMER may make one copy of the Software for use as
+archival or backup purposes (or that number of copies as permitted by
+applicable law), but any and all copies must include XIMIAN's copyright
+notice, and are fully subject to the terms of this Agreement. CUSTOMER
+may not reverse engineer, disassemble, decompile, translate or otherwise
+attempt to create the source code from the Software or create derivative
+works of the Software or any portion thereof, including for reasons of
+error correction or interoperability. During the warranty period stated
+in Section 5 below, at CUSTOMER's request and at XIMIAN's election or as
+may be required by applicable law, XIMIAN will make commercially
+reasonable efforts to make available to CUSTOMER certain interface
+specifications so that CUSTOMER may develop software interfaces to
+provide interoperability with the Software. CUSTOMER may not (i) publish
+or provide any results of benchmark tests run on the Software to a third
+party without Licensee's prior written consent, (ii) disclose,
+distribute or otherwise make available the Software to any other party
+or permit others to use it, except employees and agents of CUSTOMER who
+use it on CUSTOMER's behalf, if CUSTOMER is an entity, or (iii) remove
+or alter any trademark, logo, copyright or other proprietary notices,
+legends, symbols or labels in the Software. CUSTOMER may not rent,
+lease, sublicense, grant a security interest in, or otherwise transfer
+rights to the Software, but CUSTOMER may transfer the Software to a
+third party on a permanent basis provided CUSTOMER retains no copies and
+the recipient agrees to accept all of the terms and conditions of this
+Agreement. Upon such permitted transfer, CUSTOMER must either transfer
+all copies of the Software and all materials provided for or with it to
+the recipient or destroy any copies not so transferred.
+
+2. Duration: This license shall continue so long as CUSTOMER uses the
+Software in compliance with the Agreement. Should the CUSTOMER breach
+any of its obligations, this license shall terminate and CUSTOMER agrees
+to destroy or return all copies of the Software and all materials
+provided for or with the Software upon notification and demand by
+XIMIAN.
+
+3. Title: XIMIAN retains all proprietary rights and title to the
+Software and any modifications, and no ownership of any part of the
+Software is hereby transferred to CUSTOMER.
+
+4. Security: CUSTOMER understands and agrees that the Software contains
+trade secrets belonging to XIMIAN, and will take all reasonable steps to
+protect its confidentiality. CUSTOMER acknowledges that the Software is
+the property of XIMIAN and contains confidential information. CUSTOMER
+agrees that, other than to its employees, it will not provide a copy of
+the Software nor divulge any details of it to any person without the
+prior consent in writing of XIMIAN.
+
+5. Warranties: XIMIAN warrants solely that for a period of ninety (90)
+days from shipment by XIMIAN of the Software, the medium upon which the
+Software is delivered (if the Software is not downloaded by CUSTOMER)
+will be free from defects in material and workmanship when given normal,
+proper and intended usage, and that the Software will function
+materially as described in the accompanying Software user documentation
+("Documentation"). This warranty does not apply insofar as: (a) the
+Software is subjected to misuse, neglect, accident, or exposure to
+environmental conditions beyond those specified in the Documentation;
+(b) claims resulting from acts or omissions caused by persons other than
+XIMIAN or from products, material or software not provided by XIMIAN;
+(c) a version of the Software is used that does not include all updates
+available from XIMIAN; (d) the Software is modified or; (e) the Software
+is used on an operating system other than the system and version
+specified in the Documentation or on a machine not described in the
+Documentation.
+
+In the event of a breach of warranty, XIMIAN's sole responsibility, and
+CUSTOMER's sole and exclusive remedy, is, at XIMIAN's option, to repair
+or replace all or any portions of the Software, or to refund the paid
+license fee. This limited warranty is valid only if XIMIAN receives
+written notice of breach of warranty within ten days of such ninety-day
+period.
+
+6. Limitation of Warranties and Liability: EXCEPT AS EXPRESSLY SET FORTH
+IN SECTION 5 HEREIN, XIMIAN SHALL HAVE NO LIABILITY TO THE CUSTOMER OR
+ANY THIRD PARTY FOR THE SOFTWARE, INCLUDING ANY LIABILITY FOR
+NEGLIGENCE; XIMIAN MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES,
+EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT
+OR ANY OTHER COMMUNICATION; AND XIMIAN SPECIFICALLY DISCLAIMS ANY
+WARRANTY OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A
+PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE CUSTOMER MAY HAVE
+CERTAIN STATUTORY RIGHTS TO WHICH THESE EXCLUSIONS DO NOT APPLY,
+HOWEVER, TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF
+STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE
+WARRANTY PERIOD SET FORTH IN SECTION 5 ABOVE. MOREOVER, IN NO EVENT WILL
+WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO
+APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO DEALER,
+AGENT, OR EMPLOYEE OF XIMIAN IS AUTHORIZED TO MAKE ANY MODIFICATIONS,
+EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY.
+
+CUSTOMER is responsible for the selection of the Software to achieve its
+intended results, and for the installation, use and results obtained
+from the Software. XIMIAN does not warrant that use of the Software will
+be uninterrupted or error free, nor that program errors will be
+corrected.
+
+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"). Accordingly, XIMIAN and its suppliers specifically
+disclaim any express or implied warranty of fitness for High Risk
+Activities.
+
+The cumulative liability of XIMIAN to the CUSTOMER for all claims
+relating to the Software, in contract, tort, or otherwise, shall not
+exceed the total amount of all license fees paid to XIMIAN by the
+CUSTOMER for the Software.
+
+IN NO EVENT SHALL XIMIAN BE LIABLE TO THE CUSTOMER FOR ANY
+CONSEQUENTIAL, INDIRECT, SPECIAL, MULTIPLE OR INCIDENTAL DAMAGES,
+INCLUDING WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION AND
+LOST DATA, EVEN IF XIMIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
+POTENTIAL LOSS OR DAMAGE.
+
+SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
+OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE EXCLUSIONS OR
+LIMITATION MAY NOT APPLY TO YOU.
+
+7. Taxes: CUSTOMER agrees to pay (and to reimburse XIMIAN on request if
+XIMIAN is required to pay) any sales, use, value added (VAT),
+consumption or other tax (excluding any tax on XIMIAN's net income) or
+other fee or charge of any kind or nature that is levied or imposed by
+any governmental authority on CUSTOMER's use or license of the Software.
+
+8. Miscellaneous: This Agreement, the license granted hereunder, the
+Software and any modifications thereto may not be assigned or in any way
+transferred without the prior written consent of XIMIAN. The terms of
+this Agreement shall be construed in accordance with the substantive
+laws of the Commonwealth of Massachusetts, United States of America,
+without giving effect to the principles of conflict or choice of law of
+such Commonwealth. The original of this Agreement has been written in
+English. The parties hereto waive any statute, law, or regulation that
+might provide an alternative law or forum or to have this Agreement
+written in any language other than English. XIMIAN and CUSTOMER exclude
+the United Nations Convention on Contracts for the International Sale of
+Goods and the Uniform Computer Information Transactions Act from this
+Agreement. If any provision of this Agreement is held to be excessively
+broad as to scope, activity, subject or otherwise so as to be
+unenforceable at law, such provision shall be constructed by limiting or
+reducing it so as to be enforceable to the maximum extent compatible
+with the applicable law as it shall then appear. This Agreement
+represents the entire understanding between the parties with respect to
+its subject matter and supersedes all prior written and oral
+communications. This Agreement may not be modified except by a written
+agreement signed by authorized representatives of both parties. A waiver
+by either party of its rights hereunder shall not be binding unless
+contained in a written agreement signed by an authorized representative
+of the party waiving its rights. The non-enforcement or waiver of any
+provision on one occasion shall not constitute a waiver of such
+provision on any other occasions unless expressly so agreed in writing.
+
+9. U.S. Government Restricted Rights: The Software and Documentation are
+"commercial items" as that term is defined in 48 C.F.R. 2.101 (October
+1995) consisting of "commercial computer software" and "commercial
+computer software documentation" as such terms are used in 48 C.F.R.
+227.7202-1, 227.7202-3 and 227.7202-4 (June 1995). If the CUSTOMER
+hereunder is the U.S. Government or any agency or department thereof,
+the Software and Documentation are licensed hereunder (i) only as a
+commercial item, and (ii) with only those rights as are granted to all
+other end users pursuant to the terms and conditions of this Agreement.
+
+10. Export Control: None of the Software or underlying information or
+technology may be downloaded or otherwise exported or reexported (i)
+into (or to a national or resident of) Cuba, Iraq, Libya, Sudan, North
+Korea, Iran, Syria or any other country to which the U.S. has embargoed
+goods; or (ii) to anyone on the U. S. Treasury Department's list of
+Specially Designated Nationals or the U.S. Commerce Department's Table
+of Denial Orders. By downloading or using the Software, CUSTOMER agrees
+to the foregoing and represents and warrants that it is not located in,
+under the control of, or a national or resident of any such country or
+on any such list. In addition, CUSTOMER agrees to comply with all
+relevant export laws and regulations of the United States and any local
+laws in its jurisdiction that may impact its right to import, export or
+use the Software, and represents that it has complied with any
+regulations or registration procedures required by applicable law to
+make this license enforceable.
+
+11. Arbitration: CUSTOMER agrees that all disputes arising out of or
+relating to this Agreement shall be finally settled by arbitration
+conducted in Boston, Massachusetts, United States of America, under the
+rules of commercial arbitration of the American Arbitration Association.
+Both parties shall bear equally the cost of arbitration (exclusive of
+legal fees and expenses, all of which each party shall bear separately).
+All decisions of the arbitrator(s) shall be final and binding on both
+parties and enforceable in any court of competent jurisdiction.
+Notwithstanding the foregoing, in the event of breach by CUSTOMER of its
+obligations hereunder, XIMIAN may seek injunctive or other equitable
+relief in any court of competent jurisdiction.
+
+
+