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| - Aspect.build Community License |
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| -BY DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE WITH WHICH THIS LICENSE AGREEMENT IS |
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| -PROVIDED (THE “SOFTWARE”), YOU OR THE ENTITY YOU REPRESENT (“LICENSEE”) ARE CONSENTING TO BE BOUND |
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| -BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT (“AGREEMENT”). |
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| - |
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| -IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT DOWNLOAD THE SOFTWARE |
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| -AND MUST DELETE ANY COPIES THAT YOU HAVE ALREADY DOWNLOADED. |
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| -IF LICENSEE IS AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND LICENSEE. |
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| -IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. |
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| - |
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| -1. Grant. |
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| - |
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| - Subject to the terms of this Agreement, Aspect Build Systems, Inc. (“aspect.build”) |
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| - hereby grants Licensee (and only Licensee) a limited, non-sublicensable, non-transferable, |
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| - royalty-free, nonexclusive license to use the Software only in Licensee’s organization and only |
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| - in accordance with any documentation that accompanies it. |
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| - |
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| - The Software may only be used by a Licensee who is: |
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| - (i) an individual (and only for personal use), |
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| - (ii) a Small Business (as defined below), or |
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| - (iii) a non-profit entity or an academic or university institution. |
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| - |
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| - A “Small Business” is any entity with fewer than 250 total employees (including, for purposes |
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| - of such calculation, all employees of any entities affiliated with such entity). |
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| - |
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| -2. Restrictions. |
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| - |
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| - Licensee may not, directly or indirectly: |
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| - (i) copy, distribute, rent, lease, timeshare, operate a service bureau with, use commercially |
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| - or for the benefit of a third party, the Software, |
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| - (ii) reverse engineer, disassemble, decompile, attempt to discover the source code or |
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| - structure, sequence and organization of, or remove any proprietary notices from, any non-source |
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| - forms of the Software. |
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| - |
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| - As between the parties, title, ownership rights, and intellectual property rights in and to the |
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| - Software, and any copies or portions thereof, shall remain in aspect.build and its suppliers or |
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| - licensors. Licensee understands that aspect.build may modify or discontinue offering the |
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| - Software at any time. The Software is protected by the copyright laws of the United States and |
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| - international copyright treaties. |
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| - |
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| - This Agreement does not grant any rights not expressly granted herein. |
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| - |
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| -3. Feedback. |
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| - |
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| - Licensee may provide any feedback, suggestions, or comments to aspect.build |
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| - regarding the Software (“Feedback”). Licensee hereby grants aspect.build a nonexclusive, |
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| - perpetual, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use, |
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| - make available and otherwise exploit the Feedback for any purpose. |
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| - |
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| -4. Support and Upgrades. |
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| - |
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| - This Agreement does not entitle Licensee to any support, upgrades, |
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| - patches, enhancements, or fixes for the Software (collectively, “Support”). |
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| - Any such Support for the Software that may be made available by aspect.build shall become |
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| - part of the Software and subject to this Agreement. |
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| - |
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| -5. Disclaimer. |
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| - |
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| - ASPECT.BUILD PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND |
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| - ASPECT.BUILD HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION |
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| - WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, |
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| - RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF |
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| - THIS AGREEMENT. |
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| -6. Limitation of liability. |
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| - UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT |
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| - LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL ASPECT.BUILD OR ITS |
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| - LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DIRECT, |
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| - INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT |
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| - LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, |
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| - COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM LICENSEE’S USE OF THE SOFTWARE. |
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| - |
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| -7. Termination. |
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| - |
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| - Licensee may terminate this Agreement and the license granted herein at any time |
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| - by destroying or removing from all computers, networks, and storage media all copies of the |
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| - Software. aspect.build may terminate this Agreement and the license granted herein immediately |
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| - if Licensee breaches any provision of this Agreement. Upon receiving notice of termination from |
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| - aspect.build, Licensee will destroy or remove from all computers, networks, and storage media |
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| - all copies of the Software. Sections 2 through 9 shall survive termination of this Agreement. |
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| - |
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| -8. Export Controls. |
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| - |
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| - Licensee shall comply with all export laws and restrictions and regulations of |
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| - the Department of Commerce, the United States Department of Treasury Office of Foreign Assets |
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| - Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or |
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| - allow the export or re-export of the Software in violation of any such restrictions, laws or |
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| - regulations. By downloading or using the Software, Licensee is agreeing to the foregoing and |
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| - Licensee is representing and warranting that Licensee is not located in, under the control of, |
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| - or a national or resident of any restricted country or on any such list. |
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| - |
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| -9. Miscellaneous. |
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| - |
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| - Licensee shall comply with all applicable export laws, restrictions and |
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| - regulations in connection with Licensee’s use of the Software, and will not export or |
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| - re-export the Software in violation thereof. This Agreement is personal to Licensee and |
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| - Licensee shall not assign or transfer the Agreement or the Software to any third party under |
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| - any circumstances. |
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| - |
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| - This Agreement represents the complete agreement concerning this license |
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| - between the parties and supersedes all prior agreements and representations between them. |
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| - It may be amended only by a writing executed by both parties. |
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| - |
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| - If any provision of this Agreement is held to be unenforceable for any reason, such provision |
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| - shall be reformed only to the extent necessary to make it enforceable. |
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| - This Agreement shall be governed by and construed under California law as such law applies to |
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| - agreements between California residents entered into and to be performed within California. |
| 1 | + |
| 2 | + Apache License |
| 3 | + Version 2.0, January 2004 |
| 4 | + http://www.apache.org/licenses/ |
| 5 | + |
| 6 | + TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION |
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