[jboss-cvs] repository.jboss.com/jbpm/clover ...

Tom Baeyens tom.baeyens at jboss.com
Wed Sep 13 10:06:48 EDT 2006


  User: tbaeyens
  Date: 06/09/13 10:06:48

  Added:       jbpm/clover   clover.jar clover.license
  Log:
  added jbpm-licenced clover to jbpm repository
  
  Revision  Changes    Path
  1.1      date: 2006/09/13 14:06:48;  author: tbaeyens;  state: Exp;repository.jboss.com/jbpm/clover/clover.jar
  
  	<<Binary file>>
  
  
  1.1      date: 2006/09/13 14:06:48;  author: tbaeyens;  state: Exp;repository.jboss.com/jbpm/clover/clover.license
  
  Index: clover.license
  ===================================================================
  Product: Clover
  License: Open Source License, 0.x, 1.x
  Issued: Tue Feb 17 2004 18:40:54 CST
  Expiry: Never
  Key: 01e7175ba467f862415d421a4
  Name: Tom Baeyens
  Org: jBpm : Java Business Process Management
  Certificate: AAACCW+Ow8B7/zEbxOMqqKwwrdpP+a1COmJGHco7sCNLjHkHnajPF+dQW
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  License Agreement: CLOVER VERSION 1 (ONE) SOFTWARE LICENSE AGREEMENT
  
  1. Licenses and Software
  
  Cortex eBusiness Pty Ltd, an Australian Proprietary Limited Company
  ("CENQUA") hereby grants to the purchaser (the "LICENSEE") a limited,
  revocable, worldwide, non-exclusive, non-transferable,
  non-sublicensable license to use the Clover version 1 (one) software
  (the "Software"), including any minor upgrades thereof during the Term
  (hereinafter defined) up to, but not including the next major version
  of the Software. The licensee shall not, or knowingly allow others to,
  reverse engineer, decompile, disassemble, modify, adapt, create
  derivative works from or otherwise attempt to derive source code from
  the Software provided. And, in accordance with the terms and
  conditions of this Software License Agreement (the "Agreement"), the
  Software shall be used solely by the licensed users in accordance with
  the following edition specific conditions:
  
  a) Server Edition
  
  A Server Edition license entitles the Licensee to execute one instance
  of Clover Server Edition on one (1) machine for the purposes of
  instrumenting source code and generating reports. There are no
  limitations on the use of the instrumented source code or generated
  reports produced by Server Edition.
  
  b) Workstation Edition
  
  A Workstation Edition license entitles the licensee to use Clover
  Workstation Edition on one (1) machine by one (1) individual end
  user. Workstation Edition does not permit the generation of reports
  for distribution.
  
  c) Team Edition
  
  A Team Edition license entitles the licensee to use Clover Team
  edition on any number of machines solely by the licensed number of
  users. Reports generated by Clover Team Edition are strictly for use
  only by the licensed number of individual end users.
  
  2. License Fee
  
  In exchange for the License(s), the Licensee shall pay to Cenqua a
  one-time, up front, non-refundable license fee. At the sole discretion
  of Cenqua this fee will be waived for non-commercial
  projects. Notwithstanding the Licensee's payment of the License Fee,
  Cenqua reserves the right to terminate the License if Cenqua discovers
  that the Licensee and/or the Licensee's use of the Software is in
  breach of this Agreement.
  
  3. Proprietary Rights
  
  Cenqua will retain all right, title and interest in and to the
  Software, all copies thereof, and Cenqua website(s), software, and
  other intellectual property, including, but not limited to, ownership
  of all copyrights, look and feel, trademark rights, design rights,
  trade secret rights and any and all other intellectual property and
  other proprietary rights therein. The Licensee will not directly or
  indirectly obtain or attempt to obtain at any time, any right, title
  or interest by registration or otherwise in or to the trademarks,
  service marks, copyrights, trade names, symbols, logos or designations
  or other intellectual property rights owned or used by Cenqua. All
  technical manuals or other information provided by Cenqua to the
  Licensee shall be the sole property of Cenqua.
  
  4. Term and Termination
  
  Subject to the other provisions hereof, this Agreement shall commence
  upon the Licensee's opting into this Agreement and continue until the
  Licensee discontinues use of the Software or the Agreement terminates
  automatically upon the Licensee's breach of any term or condition of
  this Agreement (the "Term"). Upon any such termination, the Licensee
  will delete the Software immediately.
  
  5. Copying & Transfer
  
  The Licensee may copy the Software for back-up purposes only. The
  Licensee may not assign or otherwise transfer the Software to any
  third party.
  
  6. Specific Disclaimer of Warranty and Limitation of Liability
  
  THE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. CENQUA
  DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT
  LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
  PARTICULAR PURPOSE. CENQUA WILL NOT BE LIABLE FOR ANY DAMAGES
  ASSOCIATED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ORDINARY,
  INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING
  BUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVEN
  IF CENQUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  
  7. Warranties and Representations
  
  Licensee Indemnification. CENQUA agrees to indemnify, defend and hold
  the Licensee harmless from and against any and all liabilities, 
  damages, losses, claims, costs, and expenses (including reasonable 
  legal fees) arising out of or resulting from the Software or the use 
  thereof infringing upon, misappropriating or violating any patents, 
  copyrights, trademarks, or trade secret rights or other proprietary 
  rights of persons, firms or entities who are not parties to this 
  Agreement.
  
  CENQUA Indemnification. The Licensee warrants and represents that the 
  Licensee's actions with regard to the Software will be in compliance 
  with all applicable  laws; and the Licensee agrees to indemnify, 
  defend, and hold CENQUA harmless  from and against any and all 
  liabilities, damages, losses, claims, costs,  and expenses (including 
  reasonable legal fees) arising out of or resulting  from the 
  Licensee's failure to observe the use restrictions set forth herein.
  
  8. Publicity
  
  The Licensee grants permission for CENQUA to use Licensee's name 
  solely in customer lists. CENQUA shall not, without prior consent in 
  writing, use the Licensee's name, or that of its affiliates, in any 
  form with the specific  exception of customer lists. CENQUA agrees to 
  remove Licensee's name from  any and all materials within 7 days if 
  notified by the Licensee in writing.
  
  9. Governing Law
  
  This Agreement shall be governed by the laws of New South Wales, 
  Australia.
  
  10. Independent Contractors
  
  The parties are independent contractors with respect to each  other, 
  and nothing in this Agreement shall be construed as creating an 
  employer-employee  relationship, a partnership, agency relationship or 
  a joint venture between  the parties.
  
  11. Assignment
  
  This Agreement is not assignable or transferable by the Licensee. 
  CENQUA  in its sole discretion may transfer a license to a third party 
  at the written  request of the Licensee.
  
  12. Entire Agreement
  
  This Agreement constitutes the entire agreement between the parties 
  concerning  the Licensee's use of the Software. This Agreement 
  supersedes any prior verbal understanding between the parties and any 
  Licensee purchase order or other  ordering document, regardless of 
  whether such document is received by CENQUA  before or after execution 
  of this Agreement. This Agreement may be amended  only in writing by 
  CENQUA.
  
  
  



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