Orbeckst: hippo-license.txt (from r26)

2008-10-17T21:41:03Z

hippo-license.txt (from r26)

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License agreement for HIPPO Beta Biowerkzeug Limited www.biowerkzeug.com

BIOWERKZEUG LIMITED IS WILLING TO LICENSE THE HIPPO SOFTWARE AND
ACCOMPANYING DOCUMENTATION (COLLECTIVELY, "SOFTWARE") UPON THE CONDITION
THAT YOU ACCEPT ALL OF THE TERMS OF THIS LICENSE AGREEMENT ("AGREEMENT").
PLEASE READ THESE TERMS CAREFULLY BEFORE INSTALLING OR USING THE
SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU ARE CONSENTING TO BE
BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE
TO ALL OF THE TERMS OF THIS AGREEMENT, BIOWERKZEUG LIMITED IS UNWILLING TO
LICENSE THE SOFTWARE TO YOU ("YOU"), AND YOU SHOULD NOT INSTALL OR USE THE
SOFTWARE.

TYPES OF LICENSES

In order to install and use the Software, You must obtain one of the
following two types of licenses: (1) Non-Commercial Use License or (2)
Commercial Use License.

GRANT OF LICENSE

You may use the Software only under one of the following two types of
licenses at any time:

1. NON-COMMERCIAL USE LICENSE

Provided that you qualify for a Non-Commercial Use License as specified
above, and subject to the terms and conditions contained herein,
Biowerkzeug Limited hereby grants You, an end user, a personal, non-
transferable, non-exclusive, non- sublicensable license to install and use
the Software, free of charge, for non-commercial purposes only. You agree
that upon termination of your Non-Commercial Use License, You will cease
using the Software, destroy any copies that you have made, and remove the
Software from your computers.

2. COMMERCIAL USE LICENSE

Provided that You have selected and paid the required license fee(s) for a
Commercial Use License, and subject to the terms and conditions contained
herein, Biowerkzeug Limited hereby grants to You, an end user, a non-
transferable, non- exclusive, non-sublicensable license to install and use
the Software on the number of computers for which You have paid the
applicable fee. You agree that upon termination of your Commercial Use
License, You will cease using the Software, destroy any copies that you
have made, and remove the Software from your computers.

Biowerkzeug Limited and/or its licensors reserve all rights not expressly
granted to You herein. Any license granted by Biowerkzeug Limited under
this Agreement is not a sale of the Software or any copy of the Software.
The Software contains valuable trade secrets of Biowerkzeug Limited and its
licensors. All worldwide ownership of and all rights, titles and interests
in and to the Software, and all copies and portions of the Software,
including without limitation, all intellectual property rights therein and
thereto, are and will remain exclusively with Biowerkzeug Limited. The
Software is protected, among other ways, by the copyright laws of the
European Union and international copyright treaties. All rights not
expressly granted herein are retained by Biowerkzeug Limited and its
licensors.

USE RESTRICTIONS

You may not:

(i) use the Software, except under the terms listed above;

(ii) modify, translate, reverse engineer, decompile, disassemble or
otherwise attempt to reconstruct or discover the source code from the
binaries of the Software, except to the extent applicable laws specifically
prohibit such restriction;

(iii) create derivative works based on the Software (e.g. incorporating the
Software in a commercial product or service without a proper license);

(iv) rent, lease, sublicense, convey, distribute or otherwise transfer
rights to the Software;

(v) remove any product identification, copyright, proprietary notices or
labels from the Software.

Any and all copies made by You as permitted hereunder must contain all of
the original Software's copyright, trademark and other proprietary notices
and marks.

MAINTENANCE, SUPPORT AND UPDATES

Biowerkzeug Limited is under no obligation to maintain or support or update
the Software in any way, or to provide updates or error corrections.

CONFIDENTIALITY

The Software and any license authorization codes are confidential and
proprietary information of Biowerkzeug Limited. You agree to take adequate
steps to protect the Software and any license authorization codes, if any,
from unauthorized disclosure or use. You agree that You will not disclose
the Software, in source code or object code form, to any third party,
except as otherwise provided herein.

WARRANTY

BIOWERKZEUG LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES
OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF
THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY ARISE
BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT LIMITING
THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED "AS IS" AND
THAT BIOWERKZEUG LIMITED DOES NOT WARRANT THAT THE SOFTWARE WILL RUN
UNINTERRUPTED OR ERROR FREE NOR THAT THE SOFTWARE WILL OPERATE WITH
HARDWARE AND/OR SOFTWARE NOT PROVIDED BY BIOWERKZEUG LIMITED. THIS
DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.

LIMITED LIABILITY

THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY
YOU. UNDER NO CIRCUMSTANCES WILL BIOWERKZEUG LIMITED OR ITS LICENSORS BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED ON CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE,
ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS AGREEMENT,
EVEN IF BIOWERKZEUG LIMITED OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY
FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST
PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL BIOWERKZEUG
LIMITED OR ITS LICENSORS BE LIABLE FOR THE COSTS OF PROCUREMENT OF
SUBSTITUTE SOFTWARE OR SERVICES. IN ADDITION, IN NO EVENT WILL THE TOTAL
LIABILITY OF BIOWERKZEUG LIMITED IN CONNECTION WITH THIS AGREEMENT OR THE
SOFTWARE EXCEED THE ACTUAL AMOUNT PAID TO BIOWERKZEUG LIMITED, IF ANY, FOR
THE SOFTWARE GIVING RISE TO THE CLAIM. YOU ACKNOWLEDGE THAT THIS SOFTWARE
IS NOT DESIGNED OR LICENSED FOR USE IN ON- LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS SUCH AS OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION
OR CONTROL, OR LIFE-CRITICAL APPLICATIONS. BIOWERKZEUG LIMITED EXPRESSLY
DISCLAIMS ANY LIABILITY RESULTING FROM USE OF THE SOFTWARE IN ANY SUCH ON-
LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS AND ACCEPTS NO LIABILITY IN
RESPECT OF ANY ACTIONS OR CLAIMS BASED ON THE USE OF THE SOFTWARE IN ANY
SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS BY YOU. FOR PURPOSES OF
THIS PARAGRAPH, THE TERM "LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION
IN WHICH THE FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT
DIRECTLY OR INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.

TERMINATION

This Agreement will terminate immediately and automatically without notice
if You breach any provision in this Agreement. Upon termination You will
remove all copies of the Software or any part of the Software from any and
all computer storage devices and destroy the Software. At Biowerkzeug
Limited's request, You or your authorized signatory, will certify in
writing to Biowerkzeug Limited that all complete and partial copies of the
Software have been destroyed and that none remain in your possession or
under your control. The provisions of this Agreement, except for the
license grant and warranty, will survive termination.

MISCELLANEOUS

If any provision hereof shall be held illegal, invalid or unenforceable, in
whole or in part, such provision shall be modified to the minimum extent
necessary to make it legal, valid and enforceable, and the legality,
validity and enforceability of all other provisions of this Agreement shall
not be affected thereby. No delay or failure by either party to exercise or
enforce at any time any right or provision hereof shall be considered a
waiver thereof or of such party's right thereafter to exercise or enforce
each and every right and provision of this Agreement. This Agreement will
bind and inure to the benefit of each party's permitted successors and
assigns. You may not assign this Agreement in whole or in part, without
Biowerkzeug Limited's prior written consent. Any attempt to assign this
Agreement without such consent will be null and void. This Agreement is the
complete and exclusive statement between You and Biowerkzeug Limited
relating to the subject matter hereof and supersedes all prior oral and
written and all contemporaneous oral negotiations, commitments and
understandings of the parties, if any. In the case of any conflict between
the terms of this Agreement and the provisions of any purchase order for
the Software, the terms of this Agreement shall control.

Hippo license - Revision history

Orbeckst: hippo-license.txt (from r26)