IONA TECHNOLOGIES TECHNICAL UTILITY LICENSE AGREEMENT
Before downloading or using the IONA Mock Object Test Classes and related documentation (collectively the "Software"), you should carefully read the following license agreement ("Agreement") which contains terms relating to limitation and exclusion of liability. By downloading or using the Software or any portion, you indicate your acceptance of the following terms and conditions. If you do not accept the terms and conditions of this Agreement, you should not download or use the Software.
If you cannot meet these conditions, please click "No" to terminate installation of this tool.
If you are making use of the Software in your capacity as employee/representative of a company or organization, you warrant that you are authorized to legally bind such company or organization. If you are not so authorized, please obtain acceptance of this Agreement from an authorized representative.
This Agreement is between IONA Technologies PLC, The IONA Building, Shelbourne Road, Dublin 4, Ireland and its licensees ("IONA") and You, and gives You a limited license to use the Software, in binary, object code form in accordance with the following terms and conditions. The Software is owned by IONA or one of its subsidiaries and is copyrighted and licensed, not sold.
1. License Grant
IONA grants You the limited non-exclusive, non-transferable limited right and license to download and/or use the Software internally during the Term for the sole purpose of analyzing, troubleshooting and/or debugging the installation, configuration and operation of applications and for no other purpose.
You may not distribute the Software. You may distribute a link directing third parties to the latest version of the Software on the IONA's support website (http://www.iona.com/support).
2. Support
There is no formal support for the Software. IONA may, but is under no obligation to, provide updates of the Software to You from time to time, such additional material to be governed by the terms of this Agreement.
3. Non-Disclosure
You will keep confidential the Software and any information you receive from IONA which is marked or otherwise designated as confidential at the time of disclosure. You will not provide IONA with any information which you consider to be confidential unless covered by a separate agreement with IONA covering provision of such information.
4. Ownership and Restrictions
The Software as well as the related copyrights or other industrial or intellectual property rights, are the property of IONA. You acquire no title, right or interest in the Software other than the license rights granted herein. Title to and ownership of the Software, any reproductions and any documentation shall remain with IONA. You may not reverse engineer, decrypt, or disassemble the Software.
5. Export.
You will not import, export or re-export the Software to or from any country in contravention of any applicable import or export laws. IONA will provide reasonable product information to assist You in discharging your obligations under this section.
6. Government Restricted Rights.
If any Software are acquired by or on behalf of a unit or agency of the U.S. Government, the Government agrees that such Software is "commercial computer software" or "commercial computer software documentation" and that, absent a written agreement to the contrary, the Government's rights with respect to such Software are limited by the terms of this Agreement, pursuant to FAR 12.212(a) and/or DFARS 227.7202-1(a) and successor regulations, as applicable.
7. Exclusion of Warranties
THE SOFTWARE SUPPLIED UNDER THIS AGREEMENT IS NOT A GENERALLY AVAILABLE PRODUCT AND IS UNSUPPORTED; IONA SPECIFICALLY DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS OR ERRORS. IONA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO THE SOFTWARE OR SOFTWARE MEDIA (IF ANY).
THE SOFTWARE MAY INCLUDE MATERIAL LICENSED FROM THIRD PARTY LICENSORS. IN NO EVENT WILL IONA OR ITS LICENSORS BE LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES EVEN IF IONA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Limitation of Liability
IONA SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE.
9. Termination
This license may be terminated at any time by IONA if you breach any of the terms of this Agreement and have failed to correct such breach within a reasonable period of notification of same. Additionally IONA may terminate this license upon thirty (30) days notice to you in writing. Upon termination, You will cease further use of the Software or portions thereof.
10. General Provisions
Modification, Amendment and Waiver - No modification, amendment or waiver of any of the provisions of this Agreement shall be effective unless made in writing signed by an authorized employee of each party hereto.
Law and Jurisdiction - If You are based in the Americas, this Agreement shall be governed by the law of the Commonwealth of Massachusetts and the parties submit to the exclusive jurisdiction of the courts of the Commonwealth of Massachusetts. If you are based elsewhere, this Agreement shall be governed by the laws of Ireland and the parties submit to the exclusive jurisdiction of the courts of Dublin.
Invalidity - If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected.
Entire Agreement - You agree that this Agreement is the complete and exclusive statement of the Agreement between You and IONA concerning the Software, and that it supersedes any proposal or prior Agreement, oral or written, and any other communication, relating to the subject matter hereof. No vendor, distributor, reseller, sales representative, or other person or entity is authorized to modify this Agreement or to make any warranty, representation or promise which is different from those set forth in this Agreement.
You acknowledge that you have read, understand and agree to be bound by the above terms and conditions.
(c) Copyright IONA Technologies PLC 2002. All Rights Reserved
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