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| <title>About</title> | |
| </head> | |
| <body lang="EN-US"> | |
| <h2>About This Content</h2> | |
| <p>June 25, 2008</p> | |
| <h3>License</h3> | |
| <p>The Eclipse Foundation makes available all content in this plug-in ("Content"). Unless otherwise | |
| indicated below, the Content is provided to you under the terms and conditions of the | |
| Eclipse Public License Version 1.0 ("EPL"). A copy of the EPL is available | |
| at <a href="http://www.eclipse.org/legal/epl-v10.html">http://www.eclipse.org/legal/epl-v10.html</a>. | |
| For purposes of the EPL, "Program" will mean the Content.</p> | |
| <p>If you did not receive this Content directly from the Eclipse Foundation, the Content is | |
| being redistributed by another party ("Redistributor") and different terms and conditions may | |
| apply to your use of any object code in the Content. Check the Redistributor's license that was | |
| provided with the Content. If no such license exists, contact the Redistributor. Unless otherwise | |
| indicated below, the terms and conditions of the EPL still apply to any source code in the Content | |
| and such source code may be obtained at <a href="http://www.eclipse.org">http://www.eclipse.org</a>.</p> | |
| <h3>Third Party Content</h3> | |
| <p>The Content includes items that have been sourced from third parties as set out below. If you | |
| did not receive this Content directly from the Eclipse Foundation, the following is provided | |
| for informational purposes only, and you should look to the Redistributor's license for | |
| terms and conditions of use.</p> | |
| <h3>ActiveMQ JMS API v3.1M5</h3> | |
| <p>This plugin is based on software developed by Apache ActiveMQ project team at | |
| <a href="http://activemq.apache.org/">http://activemq.apache.org/</a>. | |
| A copy of this library is distributed within this plugin and | |
| therefore this plugin is subject to the Apache License version 2.0, a copy of the license is contained | |
| in the file <a href="asl-v20.txt">asl-v20.txt</a> and | |
| at <a href="http://www.apache.org/licenses/LICENSE-2.0">http://www.apache.org/licenses/LICENSE-2.0</a>. | |
| </p> | |
| <p> | |
| More specifically:</p> | |
| <p></p> | |
| <pre> | |
| Apache License | |
| Version 2.0, January 2004 | |
| http://www.apache.org/licenses/ | |
| TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION | |
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| defend, and hold each Contributor harmless for any liability | |
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| END OF TERMS AND CONDITIONS | |
| APPENDIX: How to apply the Apache License to your work. | |
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| Licensed under the Apache License, Version 2.0 (the "License"); | |
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| See the License for the specific language governing permissions and | |
| limitations under the License. | |
| </pre> | |
| <h3>BEA Systems Weblogic 10.0 JMS Thin Client</h3> | |
| <p>This plugin is based on software developed by BEA Systems</a>. | |
| A copy of this library is distributed within this plugin and | |
| therefore this plugin is subject to the BEA SYSTEMS, INC. SOFTWARE LICENSE | |
| AGREEMENT below</a>. | |
| </p> | |
| <p align="center"><strong>BEA SYSTEMS, INC. SOFTWARE LICENSE | |
| AGREEMENT</strong></p> | |
| <p>USE OF SOFTWARE ORDERED FROM BEA SYSTEMS, INC. (“BEA”) IS | |
| PROVIDED | |
| ONLY UNDER LICENSE FROM BEA. PLEASE READ THE FOLLOWING LICENSE, | |
| INCLUDING SUPPLEMENTAL | |
| TERMS AT THE END, IF ANY, CAREFULLY AND INDICATE YOUR ACCEPTANCE BY | |
| CLICKING | |
| THE ACCEPTANCE BOX. CERTAIN CAPITALIZED TERMS ARE DEFINED IN SECTION | |
| 11. </p> | |
| <p>1. LICENSE TERMS </p> | |
| <p>a. WebLogic SDK | |
| Use. The | |
| terms of this Section 1(a) are applicable to you if you have | |
| registered as | |
| a WebLogic SDK customer. Subject to the terms of this Agreement, BEA | |
| grants | |
| to you a non-exclusive, non-transferable, royalty-free license to use | |
| WebLogic | |
| SDK solely for Personal Use for the number of users and/or developers | |
| and the | |
| number of CPU’s, Servers and/or at the Sites, as specified at | |
| the time | |
| of registration. Third party software products or modules supplied by | |
| BEA, | |
| if any, may be used solely with the Software. All rights not | |
| specifically granted | |
| to you herein are retained by BEA.</p> | |
| <p> </p> | |
| <p>b. Evaluation | |
| Use. The | |
| terms of this Section 1(b)are applicable to you if you have registered | |
| as an | |
| Evaluation Use customer. Subject to the terms of this Agreement, BEA | |
| grants | |
| to you a non-exclusive, non-transferable, license to use the Software | |
| solely | |
| for Evaluation Use. Third party software products or modules supplied | |
| by BEA, | |
| if any, may be used solely with the Software, and may be subject to | |
| your acceptance | |
| of terms and conditions provided by such third parties. This license | |
| begins | |
| upon downloading and ends if and when terminated by BEA in accordance | |
| with | |
| this Agreement. When the license terminates you must stop using the | |
| Software. All | |
| rights not specifically granted to you herein are retained by | |
| BEA. Note | |
| that not all Software is available for Evaluation Use. Your | |
| Evaluation | |
| Use license shall terminate on the earlier of: (i) the license key | |
| provided | |
| by BEA expiring or ceasing to function; (ii) at any time upon notice | |
| from BEA; | |
| or (iii) the expiration date indicated in any related | |
| BEA quotation | |
| or order document.</p> | |
| <p>c. Development Use. | |
| The terms | |
| of this Section 1(c) are applicable to you if you have registered as a | |
| Development | |
| Use customer. Subject to the terms of this Agreement, BEA grants to | |
| you a non-exclusive, | |
| non-transferable, fee-bearing license to use the Software solely for | |
| Development | |
| Use for the number of users and the number of CPU’s, Servers | |
| and/or at | |
| the Sites, as specified on BEA’s invoice. Third party software | |
| products | |
| or modules supplied by BEA, if any, may be used solely with the | |
| Software. All | |
| rights not specifically granted to you herein are retained by BEA. | |
| </p> | |
| <p>d. Production Use. | |
| The terms | |
| of this Section 1(d) are applicable to you if you have registered as a | |
| Production | |
| Use customer. Subject to the terms of this Agreement, BEA grants to | |
| you a non-exclusive, | |
| non-transferable, fee-bearing license to use the Software solely for | |
| Production | |
| Use on the number of CPU’s, Servers and/or at the | |
| Sites, as | |
| specified on BEA’s invoice. Third party software products or | |
| modules | |
| supplied by BEA, if any, may be used solely with the Software. | |
| If you | |
| integrate the Software into an application and intend to resell the | |
| resulting | |
| integrated application you must contact BEA to obtain the appropriate | |
| distribution | |
| license. All rights not specifically granted to you herein are | |
| retained by | |
| BEA. </p> | |
| <p>e. Restrictions on | |
| Use. Whether | |
| the Software is being licensed for WebLogic SDK Use, Evaluation Use, | |
| Development | |
| Use or Production Use, you may not reverse engineer, decompile or | |
| disassemble | |
| and you may not otherwise attempt to determine source code or | |
| protocols from | |
| the Software and you may not disclose the results of software | |
| performance benchmarks | |
| to any third party without BEA’s prior written consent. | |
| You may | |
| not alter, modify or otherwise manipulate WebLogic SDK, or the | |
| applicable license | |
| key, or attempt to do any of the foregoing, in order to use WebLogic | |
| SDK other | |
| than in Development Use or in Scale-Limited mode. Additional | |
| restrictions, | |
| if any, with respect to third party software or BEA software will be | |
| delivered | |
| to you along with your license key. You are forbidden from using | |
| Evaluation | |
| Use Software for Production Use or Development Use. You are | |
| forbidden | |
| from using Evaluation Use or Development Use Software for Production | |
| Use. You | |
| may not lease, rent, resell or sublicense the Software to any third | |
| party, | |
| or otherwise use it except as permitted in this | |
| Agreement. You | |
| may only deploy one instance of portal search, including IDOL server, | |
| HTTP | |
| Search, AutoIndexer and ODBC Search, per instance or implementation of | |
| BEA | |
| WebLogic Portal. In addition to the 1 production instance of the IDOL | |
| server, | |
| HTTP Fetch, AutoIndexer and ODBC Fetch components, BEA WebLogic Portal | |
| customers | |
| may deploy 1 instance for testing and 1 instance for hot | |
| backup/failover (which | |
| may only go live in the event that the machine running the production | |
| instance | |
| goes down). Use of the TIBCO Rendezvous Control and Event | |
| Generator included | |
| with BEA WebLogic Integration in no manner confers or grants any right | |
| or license | |
| to use TIBCO Rendezvous including “dynamic | |
| libraries”. In | |
| order to use such TIBCO products, you must obtain a valid license from | |
| TIBCO. Your | |
| use BEA Workshop for WebLogic is limited to use with BEA WebLogic | |
| Server only. Use | |
| of BEA Workshop for WebLogic with any other application server is | |
| prohibited | |
| and shall constitute a material breach of this | |
| agreement. <br> | |
| <strong></strong><br> | |
| f. Ownership | |
| Rights. | |
| You may modify the Software in accordance with the Documentation | |
| solely to | |
| allow for interoperability with your internal MIS system. Such | |
| modifications | |
| shall not be derivative works, nor shall you create or attempt to | |
| create any | |
| derivative works from the Software. Title, ownership rights and all | |
| intellectual | |
| property rights in and to the Software shall remain the sole and | |
| exclusive | |
| property of BEA.</p> | |
| <p>g. Copies and Number | |
| of Users. The | |
| terms of this Section 1(f) are applicable to you if you are a | |
| Development Use | |
| customer or Production Use customer. You may make a reasonable number | |
| of copies | |
| of the Software and Documentation (provided that all copyright and | |
| other proprietary | |
| notices of BEA and its licensors are reproduced), solely for archival | |
| purposes. | |
| If you do copy for this purpose, you will preserve any proprietary | |
| rights notices | |
| on the Software and place such notices on any and all copies you made | |
| or make. If | |
| you would like to change the number of Users, or number or | |
| identity of | |
| Sites, CPU’s and/or Servers indicated on your invoice, you must | |
| contact | |
| BEA in writing for our approval; you may be subject to additional | |
| fees. </p> | |
| <p>h. Territory. | |
| The license | |
| grants hereunder are limited to use within the Territory.</p> | |
| <p>i. Audit. | |
| BEA | |
| may, at any time with seven (7) days prior written notice, request and | |
| gain | |
| access to your premises subject to your security procedures, for the | |
| limited | |
| purpose of conducting an audit to determine and verify that you are in | |
| compliance | |
| with these terms and conditions. You will promptly grant such | |
| access | |
| and cooperate with BEA in the audit. The Audit will be conducted | |
| in a | |
| manner not intended to unreasonably disrupt your business and will be | |
| restricted | |
| in scope, manner and duration to that reasonably necessary to achieve | |
| its purpose. You | |
| will be liable for promptly remedying discrepancies revealed during | |
| the audit, | |
| including reimbursement to BEA for the costs of the Audit and any | |
| underpayments.</p> | |
| <p>2. LICENSE FEES. </p> | |
| <p>a. Payment and | |
| Taxes. In | |
| consideration of the applicable license(s) granted pursuant to | |
| Sections 1(b), | |
| 1(d) or 1(e), you agree to pay BEA the total non-refundable and | |
| non-cancelable | |
| license fee(s) within thirty (30) da’s of BEA's invoice. You | |
| will pay | |
| all sales, use, VAT and other consumption taxes, personal property | |
| taxes and | |
| other taxes (other than those based on BEA’s net income) unless | |
| you furnish | |
| BEA with written proof of exemption. BEA may assess interest | |
| charges | |
| of one percent (1%) per month for late payments.</p> | |
| <p>b. Foreign | |
| Taxes. If | |
| you download and/or use the Software outside the United States, you | |
| agree that | |
| the amounts to be remitted to BEA are to be the actual amounts due | |
| without | |
| withholding taxes or other assessments by authorities anywhere in the | |
| foreign | |
| location, which withholding taxes or assessments you agree to pay. You | |
| will | |
| promptly furnish BEA with certificates evidencing payment of such | |
| amounts. </p> | |
| <p>3. SUPPORT SERVICES | |
| </p> | |
| <p>You must purchase annual Support Services from BEA in order to | |
| qualify for | |
| the Support Services described in detail at <a | |
| href="http://www.bea.com/support/programs.html">http://www.bea.com/suppo | |
| rt/programs.html</a>.<br> | |
| .</p> | |
| <p>a. Support Services. | |
| Support | |
| Services generally means that BEA will provide: (i) Maintenance | |
| Updates and | |
| Upgrades (“Maintenance Releases”) if, as and when BEA | |
| makes any | |
| such Maintenance Releases generally available and (ii) | |
| helpdesk assistance | |
| with respect to the Software, including (a) clarification of functions | |
| and | |
| features; (b) clarification of documentation; (c) guidance in | |
| the operation | |
| of the Software; and (d) Software error analysis. BEA will use | |
| reasonable efforts | |
| to provide error corrections or work-arounds for the most severe | |
| errors as | |
| soon as possible and based upon BEA’s classification of the | |
| severity | |
| of the error. Support Services will be provided only with respect to | |
| versions | |
| of the Software that, in accordance with BEA policy, are then being | |
| supported | |
| by BEA. </p> | |
| <p>b. Your | |
| Responsibilities. | |
| You agree to provide BEA with reasonable access to your personnel and | |
| equipment, | |
| if necessary, during normal business hours in order to provide Support | |
| Services. | |
| You agree to document and promptly report all errors or malfunctions | |
| of the | |
| Software to BEA. You agree to pay the Support Services | |
| fees when | |
| due, and if you do not do so within thirty (30) days after any such | |
| amount | |
| becomes due, BEA may suspend performance of its Support Services | |
| obligations.</p> | |
| <p>4. LIMITED WARRANTY </p> | |
| <p>a. Limited Warranty. | |
| With | |
| respect to the Software licensed for a fee for Development Use or | |
| Production | |
| Use, BEA warrants that the Software will conform in all material | |
| respects to | |
| the Documentation for a period of ninety (90) days from the date of | |
| delivery | |
| of the Software. BEA does not warrant that operation of the | |
| Software | |
| will be uninterrupted or “bug” free. If BEA | |
| breaches the | |
| foregoing warranty and you promptly notify BEA in writing of the | |
| nature of | |
| the breach, BEA shall make commercially reasonable efforts to promptly | |
| repair | |
| or replace the non-conforming Software, without charge. If, | |
| after a reasonable | |
| opportunity to cure, BEA does not repair or replace the non-conforming | |
| Software, | |
| you must return the Software and the Documentation to BEA, or certify | |
| in writing | |
| that all copies have been destroyed, and BEA will refund the fees it | |
| received | |
| for the Software to you. This is your sole and exclusive remedy | |
| for breach | |
| of the exclusive warranty set forth above </p> | |
| <p>b. Disclaimer. THE | |
| FOREGOING | |
| WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR | |
| IMPLIED, | |
| INLCUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS | |
| FOR A | |
| PARTICULAR PURPOSE. </p> | |
| <p>5. LIMITATION OF | |
| LIABILITY </p> | |
| <p>a. Evaluation Use; | |
| WebLogic | |
| SDK Use. Evaluation Use Software and WebLogic SDK are provided | |
| gratuitously | |
| and, therefore, BEA and its suppliers shall not be liable for any | |
| direct, indirect, | |
| incidental, special, punitive or consequential damages under any | |
| theory of | |
| liability whether in tort, contract, strict liability or otherwise | |
| even if | |
| advised of the possibility of such damages. </p> | |
| <p>b. Development Use | |
| and Production | |
| Use. With respect to Development Use and Production Use, | |
| BEA’s | |
| aggregate liability to you for damages concerning performance or | |
| nonperformance | |
| by BEA or in any way related to this Agreement, and regardless of | |
| whether the | |
| claim for such damages is based in contract, tort, strict liability of | |
| otherwise, | |
| shall not exceed the license fees received by BEA for the affected | |
| Software | |
| for the twelve (12) month period preceding the occurrence of such | |
| liability. | |
| In no event shall BEA be liable for any indirect, incidental, special, | |
| punitive | |
| or consequential damages, lost data or lost profits, even if BEA has | |
| been advised | |
| as to the possibility of such damages.</p> | |
| <p>c. | |
| Applicability. Some | |
| States do not permit disclaimers of certain warranties or limitations | |
| on certain | |
| types of liability under certain circumstances; consequently, some of | |
| the foregoing | |
| disclaimers and limitations may not be applicable to you, in whole or | |
| in part. </p> | |
| <p>6. SOFTWARE CHANGES. </p> | |
| <p>BEA reserves the right at any time not to release or to discontinue | |
| release | |
| of any Software and to alter prices, features, specifications, | |
| capabilities, | |
| functions, licensing terms, release dates, general availability or | |
| other characteristics | |
| of the Software. </p> | |
| <p>7. INTELLECTUAL | |
| PROPERTY | |
| INDEMNIFICATION. </p> | |
| <p>a. Defense. If a | |
| third party | |
| claims that your use of the Software infringes any United States | |
| copyright, | |
| you must promptly notify BEA in writing. BEA will defend you | |
| against | |
| such claim if you fully cooperate with BEA and allow BEA to control | |
| the defense | |
| and all related settlement negotiations, and then BEA will indemnify | |
| you from | |
| and against any damages finally awarded for such infringement.</p> | |
| <p>Injunctive Relief. If an injunction is sought or obtained | |
| against your | |
| use of the Software as a result of a third party infringement claim, | |
| BEA may, | |
| at its sole option and expense, (i) procure for you the right to | |
| continue using | |
| the affected Software, (ii) replace or modify the affected Software | |
| with functionally | |
| equivalent software so that it does not infringe, or, if either (i) of | |
| (ii) | |
| is not commercially feasible, (iii) terminate the licenses and refund | |
| the license | |
| fees received for the affected Software on a pro rata basis using a | |
| thirty | |
| six (36) month amortization schedule.</p> | |
| <p>c. Disclaimer of | |
| Liability. BEA | |
| shall have no liability for any third party claim of infringement | |
| based upon | |
| (i) use of other than the then current, unaltered version of the | |
| applicable | |
| Software, unless the infringing portion is also in the then current, | |
| unaltered | |
| release; (ii) use, operation or combination of the applicable Software | |
| with | |
| non-BEA programs, data, equipment or documentation if such | |
| infringement would | |
| have been avoided but for such use, operation or combination; or (iii) | |
| any | |
| third party software. The foregoing constitutes the entire | |
| liability | |
| of BEA, and your sole and exclusive remedy with respect to any third | |
| party | |
| claims of infringement. </p> | |
| <p>8. TERM AND TERMINATION. | |
| </p> | |
| <p>a. Acceptance of | |
| Agreement; | |
| Termination. This Agreement takes effect upon the earlier of (i) | |
| your | |
| electronic indication of your selection of the ACCEPTANCE button at | |
| the end | |
| of this License Agreement, (ii) your downloading of the Software, | |
| (iii) your | |
| use of the Software, or (iv) receipt by BEA of a valid, binding | |
| purchase order, | |
| Agreement or other ordering document for the Software, and will remain | |
| in force | |
| until terminated in accordance with this Agreement. This | |
| Agreement may | |
| be terminated by you upon thirty ’30) days' prior written notice | |
| to BEA | |
| or by destroying or returning to BEA all copies and partial | |
| copies of | |
| the Software and Documentation under your control; provided that no | |
| such termination | |
| will entitle you to a refund of any portion of the License or Support | |
| Services | |
| Fees. BEA may, by written notice to you, terminate this Agreement | |
| immediately | |
| if any of the following events occur: (a) you fail to pay any amount | |
| due to | |
| BEA within thirty (30) days after BEA gives you written notice of such | |
| nonpayment; (b) | |
| you are in material breach of any non-monetary provision of this | |
| Agreement, | |
| which breach, if capable of being cured, is not cured within thirty | |
| (30) days | |
| after BEA gives you written notice thereof, or (c) you declare | |
| bankruptcy or | |
| make an assignment to or for the benefit of creditors.</p> | |
| <p>b. | |
| Survival. Upon | |
| termination of this Agreement for non-default, the provisions of | |
| Sections 1, | |
| 2, 4(b), 5, 7(c), 8, 10 and 11 will survive. Upon termination | |
| of this | |
| Agreement for default, the provisions of Sections 1(f), 1(g), 1(j), 2, | |
| 4(b), | |
| 5, 7(c), 8, 9, 10 and 11 will survive.</p> | |
| <p>c. Effect of | |
| Termination. | |
| Within thirty (30) days after the date of termination or | |
| discontinuance of | |
| this Agreement for any reason whatsoever, you shall destroy the | |
| Software and | |
| all copies, in whole or in part, all Documentation relating thereto, | |
| and any | |
| other BEA confidential information in your possession that is in | |
| tangible form. </p> | |
| <p>9. UNITED STATES | |
| GOVERNMENT RIGHTS. </p> | |
| <p>The Software provided under this Agreement is commercial computer | |
| software | |
| developed exclusively at private expense, and in all respects are | |
| proprietary | |
| data belonging solely to BEA. </p> | |
| <p>a. Department of | |
| Defense End | |
| Users: If the Software is acquired by or on behalf of agencies or | |
| units of | |
| the Department of Defense (DOD), then, pursuant to DoD FAR Supplement | |
| Section | |
| 227.7202 and its successors (48 C.F.R. 227.7202) the Government's | |
| right to | |
| use, reproduce or disclose the Software and any accompanying | |
| documentation | |
| acquired under this Agreement is subject to the restrictions of this | |
| Agreement. </p> | |
| <p>b. Civilian Agency | |
| End Users: | |
| If the Software is acquired by or on behalf of civilian agencies of | |
| the United | |
| States Government, then, pursuant to FAR Section 12.212 and its | |
| successors | |
| (48 C.F.R. 12.212), the Government's right to use, reproduce or | |
| disclose the | |
| Software acquired under this Agreement is subject to the restrictions | |
| of this | |
| Agre. </p> | |
| <p>10. MISCELLANEOUS. </p> | |
| <p>a. Force | |
| Majeure. Neither | |
| party shall be liable for any delay or failure in performance due to | |
| causes | |
| beyond its reasonable control. </p> | |
| <p>b. Export Compliance. | |
| You | |
| may not download or otherwise export or re-export the Software or any | |
| underlying | |
| information or technology except in full compliance with all United | |
| States | |
| and other applicable laws and regulations. In particular, but without | |
| limitation, | |
| none of the Software or underlying information or technology may be | |
| downloaded | |
| or otherwise exported or re-exported (a) into (or to a national or | |
| resident | |
| of) Cuba, Iran, North Korea, Syria, or Sudan, or (b) to anyone on the | |
| US Treasury | |
| Department's list of Specially Designated Nationals or the US Commerce | |
| Department's | |
| Table of Denial Orders. By licensing the Software, you are agreeing to | |
| the | |
| foregoing and you are representing and warranting that you are not | |
| located | |
| in, under control of, or a national or resident of any such country or | |
| on any | |
| such list.</p> | |
| <p>c. Assignment. You | |
| may not | |
| assign this Agreement without BEA’s prior written <br> | |
| consent.</p> | |
| <p>d. | |
| Severability. If | |
| any part of this Agreement is held to be unenforceable, in whole or in | |
| part, | |
| such holding will not affect the validity of the other parts of the | |
| Agreement.</p> | |
| <p>e. Waiver. The | |
| waiver | |
| of a breach of any provision of this Agreement will not operate or be | |
| interpreted | |
| as a waiver of any other or subsequent<br> | |
| breach.</p> | |
| <p>f. | |
| Notices. All | |
| notices permitted or required under this Agreement shall be in writing | |
| and | |
| shall be delivered in person, by FAX, overnight courier service or | |
| mailed by | |
| first class, registered or certified mail, postage prepaid, to the | |
| address | |
| of the party specified as accepting these terms and conditions upon | |
| completion | |
| of the registration sheet and ACCEPTANCE of this Agreement by clicking | |
| on the | |
| ACCEPTANCE<br> | |
| button.</p> | |
| <p>g. Governing Law and | |
| Venue. Notwithstanding | |
| the Territory, this Agreement will be governed by both the substantive | |
| and | |
| procedural laws of California, U.S.A., excluding its conflict of law | |
| rules. | |
| Any dispute regarding this Agreement will be heard in the state or | |
| federal | |
| courts having jurisdiction in Santa Clara County, California, U.S.A. | |
| and you | |
| agree that you shall be subject to the personal jurisdiction of such | |
| <br> | |
| courts. </p> | |
| <p>h. Entire | |
| Agreement. Any | |
| amendment or modification to the Agreement must be in writing signed | |
| by both | |
| parties. This Agreement constitutes the entire agreement and | |
| supersedes | |
| all prior or contemporaneous oral or written agreements regarding the | |
| subject | |
| matter hereof. No terms, provisions or conditions of any purchase | |
| order, acknowledgment | |
| or other business form that you may use in connection with the | |
| licensing of | |
| the Software will have any effect on the rights, duties or obligations | |
| of the | |
| parties hereunder, or otherwise modify this Agreement, regardless of | |
| any failure | |
| of BEA to object to such terms, provisions or conditions.</p> | |
| <p>i. | |
| Acceptance. The | |
| earlier of your (i) clicking on the ACCEPTANCE button, (ii) | |
| downloading of | |
| the Software, (iii) use of the Software or (iv) receipt by BEA of a | |
| valid, | |
| binding purchase order, Agreement or other ordering document for the | |
| Software, | |
| constitutes an acceptance of the terms of this Agreement. If you do | |
| not agree | |
| to be bound by these provisions, you are required to destroy all | |
| copies of | |
| the Software from your equipment immediately. </p> | |
| <p>11. DEFINITIONS. </p> | |
| <p> </p> | |
| <p>a. | |
| “Development Use" means | |
| use of the Software by a Development Use customer to design, develop | |
| and/or | |
| test new applications for Production Use.</p> | |
| <p>b. | |
| "Documentation" means | |
| BEA’s current user manuals, operating instructions and | |
| installation guides | |
| generally provided with the Software to its licensees. </p> | |
| <p>c. | |
| “Error” means | |
| a failure of the Software to conform to the specifications as set | |
| forth in | |
| the Documentation, resulting in the inability to use the Software or a | |
| material | |
| restriction in use of the Software.</p> | |
| <p>d. “Evaluation | |
| Use” means | |
| use of the Software solely for evaluation and trial for new | |
| applications intended | |
| to be run on or in conjunction with Production Use Software.</p> | |
| <p>e. “Personal | |
| Use” is | |
| Development Use that is personal and non-commercial in nature. A | |
| use | |
| is non-commercial if Customer does not directly or indirectly use | |
| Software | |
| to operate a commercial enterprise, engage in commercial transactions | |
| or otherwise | |
| for pecuniary gain. While an academic institution may not make | |
| Personal | |
| Use of Software, individual students may qualify as Personal Use | |
| users.</p> | |
| <p>f. | |
| “Maintenance | |
| Release” means a subsequent version of the Software that | |
| includes Updates | |
| and/or Upgrades.</p> | |
| <p>g. | |
| “Multi-instance Configuration” means | |
| operating multiple instances of Software concurrently where more than | |
| one instance | |
| is accessible from a single network address, regardless of the | |
| technology used | |
| to create such a configuration. Multi-instance Configuration includes, | |
| but | |
| is not limited to, multiple instances of Software running on the same | |
| physical | |
| computer, as well as all clustered configurations</p> | |
| <p>h. "Production | |
| Use" means | |
| using the Software in your application for internal business purposes | |
| only | |
| which may include third party customers’ access to or use of | |
| such applications. | |
| Production Use does not include the right to reproduce the Software | |
| for sublicensing, | |
| resale, or distribution, including without limitation, operation on a | |
| time | |
| sharing or service bureau basis or distributing the Software as part | |
| of an | |
| ASP, VAR, OEM, distributor or reseller arrangement.</p> | |
| <p> </p> | |
| <p>i. | |
| "Server" means | |
| a single computer processor capable of executing the Software. <br> | |
| k. "Site" | |
| means the | |
| specific, physical location of a Server, as set forth on your | |
| registration | |
| form.</p> | |
| <p>j. | |
| ””Software" means | |
| the object code versions, extracts and/or derivative works of the | |
| software | |
| electronically downloaded from BEA’s website upon acceptance of | |
| this | |
| Agreement, and the related Documentation, including Maintenance | |
| Releases provided | |
| pursuant to the standard Support Services Terms and Conditions. </p> | |
| <p>k. “Support | |
| Services” means | |
| technical support for Software under BEA’s then current | |
| policies. </p> | |
| <p>l. | |
| “Support Services | |
| Term” means the first year after the Effective Date of the | |
| applicable | |
| Software License Agreement and the related Order, plus any respective | |
| renewal | |
| terms.</p> | |
| <p>m. “Territory” | |
| means | |
| the geographical territory into which you download the Software or | |
| indicate | |
| acceptance of this Agreement .</p> | |
| <p>n. | |
| “Update” means | |
| either a Software modification or addition that, when made or added to | |
| the | |
| Software, corrects the Error, or a procedure or routine that, when | |
| observed | |
| in the regular operation of the Software, eliminates the practical | |
| adverse | |
| effect of the Error on customer.</p> | |
| <p>o. | |
| “Upgrade” means | |
| a revision of the Software released by BEA to its end user customers | |
| generally, | |
| during the Support Services Term, to add new and different functions | |
| or to | |
| increase the capacity of the Software. Upgrade does not include | |
| the release | |
| of a new product or added features for which there may be a separate | |
| charge. If | |
| a question arises as to whether a new product offering is an Upgrade | |
| or a new | |
| product or feature, BEA’s opinion will prevail, provided that | |
| BEA treats | |
| the product offering as a new product or feature for its end user | |
| customers | |
| generally.</p> | |
| <p>p. “WebLogic | |
| SDK” means | |
| that certain Software product designated as BEA WebLogic | |
| SDK. </p> | |
| </body> | |
| </html> |