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EULA.txt
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EULA.txt
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Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By using
and installing ActiveState's Software or, where applicable, choosing the “I
ACCEPT...” option at the end of the License you indicate that you have read,
understood, and accepted the terms and conditions of the License. IF YOU DO NOT
AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE
SOFTWARE. If the Software is already downloaded or installed, you should
promptly cease using the Software in any manner and destroy all copies of the
Software in your possession. You, the user, assume all responsibility for the
selection of the Software to achieve your intended results and for the
installation, use and results obtained from the Software. If you have any
questions concerning this, you may contact ActiveState via
license@activestate.com.
Version 1.1
A SOURCE CODE VERSION OF CERTAIN KOMODO EDIT BROWSER FUNCTIONALITY THAT YOU MAY
USE, MODIFY AND DISTRIBUTE IS AVAILABLE TO YOU FREE-OF-CHARGE FROM
WWW.ACTIVESTATE.COM UNDER THE MOZILLA PUBLIC and other open source software
licenses.
The accompanying executable code version of ActiveState Komodo Edit and related
documentation (the "Product") is made available to you under the terms of this
ActiveState Komodo Edit END-USER SOFTWARE LICENSE AGREEMENT (THE "AGREEMENT").
BY CLICKING THE "ACCEPT" BUTTON, OR BY INSTALLING OR USING THE ActiveState
Komodo Edit BROWSER, YOU ARE CONSENTING TO BE BOUND BY THE AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT CLICK THE
"ACCEPT" BUTTON, AND DO NOT INSTALL OR USE ANY PART OF THE ActiveState Komodo
Edit BROWSER.
DURING THE ACTIVESTATE KOMODO EDIT INSTALLATION PROCESS, AND AT LATER TIMES, YOU
MAY BE GIVEN THE OPTION OF INSTALLING ADDITIONAL COMPONENTS FROM THIRD-PARTY
SOFTWARE PROVIDERS. THE INSTALLATION AND USE OF THOSE THIRD-PARTY COMPONENTS MAY
BE GOVERNED BY ADDITIONAL LICENSE AGREEMENTS.
1. LICENSE GRANT. ActiveState Software grants you a non-exclusive license to
use the executable code version of the Product. This Agreement will also
govern any software upgrades provided by ActiveState that replace and/or
supplement the original Product, unless such upgrades are accompanied by a
separate license, in which case the terms of that license will govern.
2. TERMINATION. If you breach this Agreement your right to use the Product
will terminate immediately and without notice, but all provisions of this
Agreement except the License Grant (Paragraph 1) will survive termination and
continue in effect. Upon termination, you must destroy all copies of the
Product.
3. PROPRIETARY RIGHTS. Portions of the Product are available in source code
form under the terms of the Mozilla Public License and other open source
licenses (collectively, "Open Source Licenses") at www.activestate.com.
Nothing in this Agreement will be construed to limit any rights granted under
the Open Source Licenses. Subject to the foregoing, ActiveState, for itself
and on behalf of its licensors, hereby reserves all intellectual property
rights in the Product, except for the rights expressly granted in this
Agreement. You may not remove or alter any trademark, logo, copyright or other
proprietary notice in or on the Product. This license does not grant you any
right to use the trademarks, service marks or logos of ActiveState or its
licensors.
4. PRIVACY POLICY. You agree to the ActiveState Komodo Edit Privacy Policy,
made available online at <http://www.activestate.com/privacy-policy>, as that
policy may be changed from time to time. When ActiveState changes the policy
in a material way a notice will be posted on the website at
www.activestate.com, and when any change is made in the privacy policy, the
updated policy will be posted at the above link. It is your responsibility to
ensure that you understand the terms of the privacy policy, so you should
periodically check the current version of the policy for changes.
5.DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED "AS IS" WITH ALL FAULTS. TO
THE EXTENT PERMITTED BY LAW, ACTIVESTATE AND ACTIVESTATE'S DISTRIBUTORS, AND
LICENSORS HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS,
MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE AND NON-INFRINGING. YOU BEAR THE
ENTIRE RISK AS TO SELECTING THE PRODUCT FOR YOUR PURPOSES AND AS TO THE
QUALITY AND PERFORMANCE OF THE PRODUCT. THIS LIMITATION WILL APPLY
NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES,
SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY. EXCEPT AS REQUIRED BY LAW, ACTIVESTATE AND ITS
DISTRIBUTORS, DIRECTORS, LICENSORS, CONTRIBUTORS AND AGENTS (COLLECTIVELY,
"ACTIVESTATE") WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO
THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING
WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOST PROFITS,
LOSS OF DATA, AND COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE THEORY (CONTRACT, TORT OR
OTHERWISE) UPON WHICH SUCH CLAIM IS BASED. ACTIVESTATE'S LIABILITY UNDER THIS
AGREEMENT WILL NOT EXCEED THE GREATER OF $500 (FIVE HUNDRED DOLLARS) AND THE
FEES PAID BY YOU UNDER THE LICENSE (IF ANY). SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES,
SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
7. EXPORT CONTROLS. This license is subject to all applicable export
restrictions. You must comply with all export and import laws and restrictions
and regulations of any United States or foreign agency or authority relating
to the Product and its use.
8. U.S. GOVERNMENT END-USERS. This Product is a "commercial item," as that
term is defined in 48 C.F.R. 2.101, consisting of "commercial computer
software" and "commercial computer software documentation," as such terms are
used in 48 C.F.R. 12.212 (Sept. 1995) and 48 C.F.R. 227.7202 (June 1995).
Consistent with 48 C.F.R. 12.212, 48 C.F.R. 27.405(b)(2) (June 1998) and 48
C.F.R. 227.7202, all U.S. Government End Users acquire the Product with only
those rights as set forth therein.
9. MISCELLANEOUS. (a) This Agreement constitutes the entire agreement between
ActiveState and you concerning the subject matter hereof, and it may only be
modified by a written amendment signed by an authorized executive of
ActiveState. (b) Except to the extent applicable law, if any, provides
otherwise, this Agreement will be governed by the laws of the state of
California, U.S.A., excluding its conflict of law provisions. (c) This
Agreement will not be governed by the United Nations Convention on Contracts
for the International Sale of Goods. (d) If any part of this Agreement is held
invalid or unenforceable, that part will be construed to reflect the parties'
original intent, and the remaining portions will remain in full force and
effect. (e) A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive such term
or condition or any subsequent breach thereof. (f) Except as required by law,
the controlling language of this Agreement is English. (g) You may assign your
rights under this Agreement to any party that consents to, and agrees to be
bound by, its terms; ActiveState may assign its rights under this Agreement
without condition. (h) This Agreement will be binding upon and inure to the
benefit of the parties, their successors and permitted assigns.