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ASPECT_COMMUNITY_LICENSE
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ASPECT_COMMUNITY_LICENSE
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Aspect Community License
BY DOWNLOADING, COPYING, OR OTHERWISE USING THE SOFTWARE WITH WHICH THIS LICENSE AGREEMENT IS
PROVIDED (THE “SOFTWARE”), YOU OR THE ENTITY YOU REPRESENT (“LICENSEE”) ARE CONSENTING TO BE BOUND
BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT (“AGREEMENT”).
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU MAY NOT DOWNLOAD THE SOFTWARE
AND MUST DELETE ANY COPIES THAT YOU HAVE ALREADY DOWNLOADED.
IF LICENSEE IS AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND LICENSEE.
IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
1. Grant.
Subject to the terms of this Agreement, Aspect Build Systems, Inc. (“Aspect”)
hereby grants Licensee (and only Licensee) a limited, non-sublicensable, non-transferable,
royalty-free, nonexclusive license to use the Software only in Licensee’s organization and only
in accordance with any documentation that accompanies it.
The Software may only be used by a Licensee who is:
(i) an individual (and only for personal use),
(ii) a Small Business (as defined below),
(iii) a non-profit entity or an academic or university institution, or
(iv) a current or former Aspect Customer (as defined below).
A “Small Business” is any entity with fewer than 50 total employees (including, for purposes
of such calculation, all employees of any entities affiliated with such entity).
An “Aspect Customer” is any entity that has remitted payment to Aspect at any time.
Such payment may be for professional services such as Bazel OSS support, for software licensing
and maintenence such as Aspect Workflows, or for other products or services sold by Aspect.
2. Restrictions.
Licensee may not, directly or indirectly:
(i) copy, distribute, rent, lease, timeshare, operate a service bureau with, use commercially
or for the benefit of a third party, the Software,
(ii) reverse engineer, disassemble, decompile, attempt to discover the source code or
structure, sequence and organization of, or remove any proprietary notices from, any non-source
forms of the Software.
As between the parties, title, ownership rights, and intellectual property rights in and to the
Software, and any copies or portions thereof, shall remain in Aspect and its suppliers or
licensors. Licensee understands that Aspect may modify or discontinue offering the
Software at any time. The Software is protected by the copyright laws of the United States and
international copyright treaties.
This Agreement does not grant any rights not expressly granted herein.
3. Feedback.
Licensee may provide any feedback, suggestions, or comments to Aspect
regarding the Software (“Feedback”). Licensee hereby grants Aspect a nonexclusive,
perpetual, worldwide, royalty-free, fully paid-up, sublicensable, transferable license to use,
make available and otherwise exploit the Feedback for any purpose.
4. Support and Upgrades.
This Agreement does not entitle Licensee to any support, upgrades,
patches, enhancements, or fixes for the Software (collectively, “Support”).
Any such Support for the Software that may be made available by Aspect shall become
part of the Software and subject to this Agreement.
5. Disclaimer.
ASPECT PROVIDES THE SOFTWARE “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND
ASPECT HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY,
RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF
THIS AGREEMENT.
6. Limitation of liability.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, WITHOUT
LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL ASPECT OR ITS
LICENSORS, SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS,
COMPUTER FAILURE OR MALFUNCTION, DAMAGES RESULTING FROM LICENSEE’S USE OF THE SOFTWARE.
7. Termination.
Licensee may terminate this Agreement and the license granted herein at any time
by destroying or removing from all computers, networks, and storage media all copies of the
Software. Aspect may terminate this Agreement and the license granted herein immediately
if Licensee breaches any provision of this Agreement. Upon receiving notice of termination from
Aspect, Licensee will destroy or remove from all computers, networks, and storage media
all copies of the Software. Sections 2 through 9 shall survive termination of this Agreement.
8. Export Controls.
Licensee shall comply with all export laws and restrictions and regulations of
the Department of Commerce, the United States Department of Treasury Office of Foreign Assets
Control (“OFAC”), or other United States or foreign agency or authority, and not to export, or
allow the export or re-export of the Software in violation of any such restrictions, laws or
regulations. By downloading or using the Software, Licensee is agreeing to the foregoing and
Licensee is representing and warranting that Licensee is not located in, under the control of,
or a national or resident of any restricted country or on any such list.
9. Miscellaneous.
Licensee shall comply with all applicable export laws, restrictions and
regulations in connection with Licensee’s use of the Software, and will not export or
re-export the Software in violation thereof. This Agreement is personal to Licensee and
Licensee shall not assign or transfer the Agreement or the Software to any third party under
any circumstances.
This Agreement represents the complete agreement concerning this license
between the parties and supersedes all prior agreements and representations between them.
It may be amended only by a writing executed by both parties.
If any provision of this Agreement is held to be unenforceable for any reason, such provision
shall be reformed only to the extent necessary to make it enforceable.
This Agreement shall be governed by and construed under California law as such law applies to
agreements between California residents entered into and to be performed within California.