Supplemental Software Terms
XERLIN / MERLOT XML CODE
As the Software includes some software developed under the Xerlin project (originally the MerlotXML project), Licensee is also bound by the following terms in relation to that code:
The Xerlin XML Editor is Copyright © 2002-2006 Exari Group and other contributors. It includes software developed for the Merlot XML Editor which is Copyright © 1999-2000 ChannelPoint, Inc. All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:
- Redistribution of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistribution in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- All advertising materials mentioning features or use of this software must display the following acknowledgment: "This product includes software developed by the Exari Group for use in the Xerlin XML Editor www.xerlin.org and software developed by ChannelPoint, Inc. for use in the Merlot XML Editor www.merlotxml.org"
- Any names trademarked by ChannelPoint, Inc. must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact email@example.com.
- Except for the acknowledgment required by these conditions, Products derived from this software may not be called "Xerlin" nor may "Xerlin" appear in their names without prior written permission of Exari. Products derived from this software may not be called “Merlot” nor may “Merlot” appear in their names without prior written permission of ChannelPoint, Inc.
- Redistribution of any form whatsoever must retain the following acknowledgment: "This product includes software developed by the Exari Group for use in the Xerlin XML Editor www.xerlin.org and software developed by ChannelPoint, Inc. for use in the Merlot XML Editor www.merlotxml.org"
THE XERLIN / MERLOTXML SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL CHANNELPOINT, INC. OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
For information on the Xerlin project, please see http://www.xerlin.org/
For more information on ChannelPoint, Inc. please see http://www.channelpoint.com/
For information on the Merlot project, please see http://www.merlotxml.org/ or see Xerlin site as above
SUN MICROSYSTEMS, INC. CODE
As the Software includes some software developed by Sun Microsystems, Inc, Licensee is also bound by the following terms in relation to that code:
- LICENSE TO USE. Sun grants you a non-exclusive and non-transferable license for the internal use only of the accompanying software and documentation and any error corrections provided by Sun (collectively “Software”), by the number of users and the class of computer hardware for which the corresponding fee has been paid.
- RESTRICTIONS Software is confidential and copyrighted. Title to Software and all associated intellectual property rights is retained by Sun and/or its licensors. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless enforcement is prohibited by applicable law, you may not modify, decompile, or reverse engineer Software. You acknowledge that the Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility and that Sun disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Sun or its licensors is granted under this Agreement.
- LIMITED WARRANTY. Sun warrants to you that for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt, the media on which Software is furnished (if any) will be free of defects in materials and workmanship under normal use. Except for the foregoing, Software is provided “AS IS”. Your exclusive remedy and Sun’s entire liability under this limited warranty will be at Sun’s option to replace Software media or refund the fee paid for Software.
- DISCLAIMER OF WARRANTY. UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID.
- LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL SUN OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Sun’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose.
- Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Sun if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software.
- Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you.
- U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government’s rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
- Governing Law. Any action related to this Agreement will be governed by California law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
- Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
- Integration. This Agreement is the entire agreement between you and Sun relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
APACHE SOFTWARE FOUNDATION CODE
As the Software includes some software developed by Apache Software Foundation, Licensee is also bound by the following terms in relation to that code:
Copyright (c) 1999, 2000, 2001 The Apache Software Foundation. All rights reserved.
- Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.
- Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.
- The end-user documentation included with the redistribution, if any, must include the following acknowledgement: “This product includes software developed by the Apache Software Foundation .”Alternately, this acknowledgement may appear in the software itself, if and wherever such third-party acknowledgements normally appear.
- The names “Xerces”, “Xalan”, “FOP”, ““The Jakarta Project”, “Tomcat”, and “Apache Software Foundation” must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact firstname.lastname@example.org.
- Products derived from this software may not be called “Apache” nor may “Apache” appear in their names without prior written permission of the Apache Software Foundation.
THIS SOFTWARE IS PROVIDED “AS IS” AND ANY EXPRESSED OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
RENDERX, INC. XEP PRODUCT LINE
If the Software ships with XEP Server (for XML-to-PDF document generation) or other products from RenderX, Inc (“XEP Software”), Licensee is also bound by the following terms in relation to the use of those products:
- Title. Title to the XEP Software is not transferred to Licensee. Ownership of all copies of the XEP Software and of copies made by Licensee is vested in RENDERX, subject to the rights of use granted to Licensee in this Agreement.
- Reverse Engineering. Licensee may not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, underlying ideas, underlying user interface techniques or algorithms of the XEP Software by any means whatsoever, directly or indirectly, or disclose any of the foregoing, except to the extent Licensee may be expressly permitted to decompile under applicable law, it is essential to do so in order to achieve operability of the XEP Software with another software program, and Licensee has first requested RENDERX to provide the information necessary to achieve such operability and RENDERX has not made such information available. RENDERX has the right to impose reasonable conditions and to request a reasonable fee before providing such information. Any information supplied by RENDERX or obtained by Licensee, as permitted hereunder, may only be used by Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the XEP Software. Requests for information should be directed to the RENDERX Customer Support Department.
- Other Restrictions. Licensee may not copy the XEP Software except as expressly set forth in Licensee’s license agreement, and any copies that Licensee is permitted to make pursuant to that agreement must contain the same copyright, patent and other intellectual property markings that appear on or in the XEP Software. Licensee may not modify, adapt or translate the XEP Software. Licensee may not, directly or indirectly, encumber or suffer to exist any lien or security interest on the XEP Software; knowingly take any action that would cause the XEP Software to be placed in the public domain; or use the XEP Software in any computer environment not specified in the license agreement. The XEP Software is not intended for use in the operation of nuclear facilities, aircraft navigation, communication systems or air traffic control equipment, where the failure of the Software could lead to death, personal injury or severe physical or environmental damage.
- Acknowledgement of RENDERX's Rights. Licensee acknowledges that the XEP Software and any copies that Licensee is authorized to make are the intellectual property of and are owned by RENDERX and its suppliers. The structure, organization and code of the XEP Software are the valuable trade secrets and confidential information of RENDERX and its suppliers. The XEP Software is protected by copyright, including without limitation by United States Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. Licensee acknowledges that RENDERX retains the ownership of all patents, copyrights, trade secrets, trademarks and other intellectual property rights pertaining to the XEP Software, and that RENDERX’s ownership rights extend to any images, photographs, animations, videos, audio, music, text and “applets” incorporated into the XEP Software and all accompanying printed materials. Licensee will take no actions, which adversely affect RENDERX’s intellectual property rights in the XEP Software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owners’ names. Trademarks may only be used to identify printed output produced by the XEP Software, and such use of any trademark does not give Licensee any right of ownership in that trademark. XEP and RENDERX are trademarks of RENDERX, Inc. (registered in numerous countries). Unicode and the Unicode Logo are trademarks of Unicode, Inc. Windows, Windows 95, Windows 98, Windows NT and Windows 2000 are trademarks of Microsoft. W3C, CSS, DOM, MathML, RDF, XHTML, XML and XSL are trademarks (registered in numerous countries) of the World Wide Web Consortium (W3C); marks of the W3C are registered and held by its host institutions, MIT, INRIA and Keio. Except as expressly stated above, this Agreement does not grant Licensee any intellectual property rights in the XEP Software.
- Limited Warranty. RENDERX warrants that (a) the XEP Software will perform substantially in accordance with its accompanying written materials for a period of one hundred and eighty (180) days from the date of receipt, and (b) any support services provided by RENDERX shall be substantially as described in applicable written materials provided to Licensee by RENDERX, and RENDERX support engineers will make commercially reasonable efforts to solve any problem issues. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply. To the extent allowed by applicable law, implied warranties on the XEP Software, if any, are limited to one hundred and eighty (180) days.
- XSL-FO Issues. In addition to the limitations on the obligations of licensor to correct bugs or other defects in the XEP Software, RENDERX shall have no obligation to correct any failure of the XEP Software to interpret data in XSL-FO formats if that data contains errors or other defects. The parties understand that errors or defects may also appear in other computer programs which may interact with the XEP Software, and that RENDERX shall have no obligation or liability with respect to such defects or errors in those computer programs. When notifying licensor/s of a perceived defect in the XEP Software, Licensee agrees that it shall provide RENDERX with any input data that Licensee has attempted to convert sufficient for RENDERX to replicate the defect. RENDERX shall have no obligations to implement any XSL-FO features not specifically mentioned in this Agreement.
- Customer Remedies. RENDERX’s and its suppliers’ entire liability and Licensee’s exclusive remedy shall be, at RENDERX’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the XEP Software that does not meet RENDERX’s Limited Warranty and which is returned to RENDERX with a copy of your receipt. This Limited Warranty is void if failure of the XEP Software has resulted from accident, abuse or misapplication. Any replacement XEP Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
- No Other Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RENDERX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE XEP SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
- Limitation Of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RENDERX OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF RENDERX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, RENDERX’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE XEP SOFTWARE PRODUCT, PROVIDED. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply. In such states and jurisdictions, RENDERX’s liability shall be limited to the greatest extent permitted by law.
TIER 2 ARENA SOFTWARE TERMS
If Licensee orders the ARENA software from Exari, then Licensee is also bound by the following terms (“ARENA Software Terms”) in relation to the ARENA software:
- LICENSE TO USE. Conditioned on payment of all Subscription Fees and implementation fees (plus applicable taxes) owed by Licensee with respect to the ARENA Software and on compliance with these ARENA Software Terms, Tier 2 Consulting Limited, a U.K. private limited company (company no. 04361268) (“Tier 2) grants Licensee a non-exclusive license of the ARENA software in object code form and of any documentation, error corrections and updates provided by Tier 2 for the Arena software (collectively “ARENA Software”). This license is for use of the ARENA Software during the “Term”, only with Exari “Software”, only by the number and type of “End Users” authorized to use the ARENA Software pursuant to the item on ARENA Software in the relevant License Schedule, and only for “Licensee’s Internal Purposes” (quoted terms in this sentence are as defined in the main Exari/Licensee License Agreement).
- RESTRICTIONS. ARENA Software is confidential and copyrighted. Title to ARENA Software and all associated intellectual property rights is retained by Tier 2 and/or its licensors. Licensee may make and install a reasonable number of copies of ARENA Software for its internal use and for backup purposes. Licensee may not disclose or distribute the ARENA Software to any third party. Licensee may not modify, decompile, or reverse engineer ARENA Software, except and only to the extent that applicable law grants a right to do so that may not be waived. No right, title or interest in or to any trademark, service mark, logo or trade name of Tier 2 or its licensors is granted under these ARENA Software Terms.
- LIMITED WARRANTY. Tier 2 warrants to Licensee that during the ARENA Term, the ARENA Software will function substantially in accordance with its user documentation. Licensee’s sole remedy is that Tier 2 will give Licensee replacement Software which repairs the malfunction or remedies the defect or, if that is not commercially reasonable in Tier 2’s judgment, Tier 2 will terminate the license to the ARENA Software by notice to Licensee and Exari, whereupon Exari will give Licensee a refund. The refund shall be in an amount equal to the unused portion of any pre-paid Subscription Fee for the ARENA Software and shall be paid as soon as Tier 2 has refunded to Exari the corresponding amount paid by Exari to Tier 2.
- DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET OUT IN THE PRECEDING SECTION (“LIMITED WARRANTY”), THE ARENA SOFTWARE AND SERVICES RELATED TO IT ARE PROVIDED "AS IS" AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, TIER 2 AND EXARI EXCLUDE AND DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS RELATING TO THE SOFTWARE AND SERVICES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING BY CUSTOM OR TRADE USAGE, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION, WARRANTY, OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. DUE TO THE INHERENT NATURE OF SOFTWARE, TIER 2 AND EXARI DO NOT WARRANT OR OTHERWISE PROMISE THAT THE OPERATION OF THE ARENA SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
- LIMITATION OF LIABILITY. IN NO EVENT WILL TIER 2 OR EXARI OR THEIR LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE ARENA SOFTWARE OR SERVICES RELATED TO IT, INCLUDING WITHOUT LIMITATION, ANY DAMAGES FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS, OR COST OF COVER, EVEN IF TIER 2 OR EXARI HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. IN NO EVENT WILL TIER 2’S AND EXARI’S LIABILITY TO LICENSEE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE FEES PAID BY LICENSEE FOR THE LICENSE AND INSTALLATION OF THE ARENA SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
- Hosting. If and when the Exari Software is hosted by Exari for Licensee, Exari shall also host the ARENA software for Licensee for such additional fees payable by Licensee to Exari as they shall agree in writing.
- Termination. Licensee may terminate that license at any time by destroying all copies of ARENA Software. The license will terminate 30 days after receipt of written notice from Tier 2 or Exari if Licensee fails to comply with any provision of these ARENA Software Terms by the end of that 30-day period. Upon termination, Licensee must destroy all copies of ARENA Software.
- Export Regulations. All ARENA Software and technical data delivered under the ARENA Software Terms are subject to export and import laws and regulations. Licensee shall comply strictly with all such laws and regulations and acknowledges that Licensee have the responsibility to obtain such licenses to export, re-export, or import as may be required.
- US Government End Users. The ARENA Software is a "commercial item," as that term is used in 48 C.F.R. 12.101 (as updated), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (as updated).
- Severability. If any term or condition of these ARENA Software Terms is found to be illegal or unenforceable by an authorized tribunal under an applicable rule of law, all other terms will remain in force, unless to do so would frustrate the essential purposes of the parties under these ARENA Software Terms.
- Transfer. Licensee may only transfer the license under these ARENA Software Terms by way of an assignment of the entire Exari/Licensee Agreement that complies with Section 17.15 of the Exari/Licensee License Agreement.
- Integration. These ARENA Software Terms are the entire agreement with Licensee relating to their subject matter. They supersede all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevail over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to that subject matter. Exari shall have no liability or obligation whatsoever to Licensee with respect to the ARENA Software and services related to the ARENA Software except as expressly provided in these ARENA Software Terms and in any SOW between Exari and Licensee relating to the ARENA Software. In the event of any conflict between such an SOW and these ARENA Software Terms or between the main Exari/Licensee License Agreement and these ARENA Software Terms, these ARENA Software Terms shall prevail. No modification of these ARENA Software Terms will be binding, unless in writing and signed by an authorized representative of Exari, Tier 2, and Licensee.