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PostConf Terms & Conditions
This License grants you a non-exclusive license to use the PostConf Software and related documentation ("Software") on the following terms and conditions: 1. License. You may use and copy the Licensed Software in machine readable (JVM) form solely A) as a single instance, on a single host or VM, under a single operating system or kernel and B) for back-up purposes; provided you reproduce this license, copyright notice, and any proprietary notices. Authorized "Demo License" versions of this software may be copied in machine readable (JVM) form to, and run on, any number of hosts. 2. Restrictions. You may not distribute copies of the Software in any manner, including, but not limited to, distribution through web site postings or links to the PostConf web site. The Software contains trade secrets and in order to protect them you may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN, RESELL FOR PROFIT, DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF. 3. Ownership. The Software is copyrighted by, proprietary to and a trade secret of Roble Systems. Roble Systems retains the title, ownership and intellectual property rights in and to the Software and all subsequent copies regardless of the form or media. The Software is protected by the copyright laws of the United States and international copyright treaties. This License is not a sale of the Software. 4. Termination. This License is effective until terminated. This License will terminate automatically without notice if you fail to comply with any of the provisions. Upon termination you shall destroy all copies of the Software including any partial copies. 5. Disclaimer of Warranty. YOU ACCEPT ALL RISKS WHICH MAY ARISE FROM THE DOWNLOADING OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ERRORS IN TRANSMISSION OR CORRUPTION OF EXISTING DATA OR SOFTWARE. ROBLE SYSTEMS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS, WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow the exclusion of implied warranties or limitations of how long an implied warranty may last, so the above exclusion may not apply to you. You may also have other rights which vary from state to state. 6. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL ROBLE SYSTEMS OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ROBLE SYSTEMS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 7. Export. You acknowledge that the laws and regulations of the United States restrict the export and re-export of the Software. Further, you agree that you will not export or re-export the Software or media in any form without the appropriate United States and foreign government approval. (See below for details on Export Compliance Requirements.) 8. U.S. GOVERNMENT END USERS. The Software is a "commercial item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. 9. Open Source Components. This Software includes open source technologies developed and licensed by Oracle (Java), IBM and Wietse Venema (Postfix), and the Apache Software Foundation (Apache Tomcat). Appliance versions ship with proprietary and open source operating systems from Sun Microsystems (Solaris), FreeBSD (Unix), Debian and Redhat (Linux). You agree to be bound by the terms of these individual licenses for their respective components. This Software license applies to the PostConf-developed components only and does not supplant, supersede, or otherwise modify the terms of any other software component. 10. General. You agree this is the complete agreement concerning this License. In order to amend this License, a writing executed by both parties is required. You assume full responsibility for the legal and responsible use of the Software. This License shall be governed by California law as such law applies to agreements between California residents entered into and to be performed within California, except as governed by Federal law. Should any provision of this License be declared unenforceable in any jurisdiction, then such provision shall be deemed to be severable from this License and shall not affect the remainder hereof. All rights in the Software not specifically granted in this License are reserved by Roble Systems. If you have any questions concerning this License, contact: Roble Systems, Inc. 1569 Solano Ave #417 Berkeley, California 94707 |
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