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diff --git a/licenses/simpserver-test b/licenses/simpserver-test deleted file mode 100644 index f1931dc4ff43..000000000000 --- a/licenses/simpserver-test +++ /dev/null @@ -1,184 +0,0 @@ -SimpServer test releases License Agreement - -This Agreement sets forth the terms and conditions under which test releases -(also called beta versions) of the software known as SimpServer will be licensed -by Secway SARL ("Secway") to you ("Licensee") for the duration of the test -period. - -IMPORTANT: BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING OR -DISTRIBUTING SIMPSERVER BETA VERSIONS (THE "PRODUCT") OR ANY OF ITS FILES (THE -"PACKAGE"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS -CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE -DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON- -ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR DISTRIBUTE OR USE -THE SOFTWARE. - - -Terms of the license agreement - -1. LICENSE AGREEMENT. This license agreement governs the obtaining, use, -duplication, distribution, and modification of the Product and its package. Use, -duplication, distribution or modification of the Product and its package implies -the acceptation of this license agreement. - -2. LICENSE GRANT. -a. Secway grants Licensee a non-exclusive and non-transferable license to -reproduce and use for personal purposes the executable code version of the -Product for the duration of the test period, provided any copy must contain all -of the original proprietary notices. -b. This license does not entitle Licensee to receive from Secway hard-copy -documentation, technical support, telephone assistance, or enhancements or -updates to the Product. -c. Licensee may not customize the Product unless he has received a written -agreement from Secway. In this case, the exact terms and extends of this -customization are to be found in the written agreement. -d. Licensee may not redistribute the Product unless for personal or -internal business purposes. Redistribution must be free except possibly for -media or bandwidth costs, and redistributed files must be the original package -as obtained from Secway, without any modification. Distribution of the Product -or its package aggregated with other programs as part of a larger (possibly -commercial) software distribution may be permitted by a written agreement from -Secway. Such distribution is also governed by terms of this license agreement -plus amendments possibly made by the written agreement. - -3. RESTRICTIONS. -a. Except as otherwise expressly permitted in this Agreement, Licensee may -not: -i. modify or create any derivative works of the Product or documentation, -including translation or localization -ii. redistribute, encumber, sell, rent, lease, sublicense, or otherwise -transfer rights to the Product -iii. remove or alter any trademark, logo, copyright or other proprietary -notices, legends, symbols or labels in the Product -iv. publish any results of benchmark tests or evaluation or reverse -engineering (see below) run on the Product to a third party without Secway's -prior written consent, which cannot be refused without any valid reason. -b. Decompilation, disassembly, reverse engineering or any attempt to derive -the source code for the Product is allowed for personal verification purposes -only. - -4. FEES. -a. There is no license fee for the Product. -b. If Licensee wishes to receive the Product on media, there may be a small -charge for the media and for shipping and handling. Licensee is responsible for -any and all taxes. - -5. TERMINATION. -a. Without prejudice to any other rights, Licensor may terminate this -Agreement 1) at the end of the test period, as fixed by Licensor and posted to -its Web site on the Internet or 2) if Licensee breaches any of its terms and -conditions. Upon termination, Licensee shall destroy all copies of the Product. - -6. PROPRIETARY RIGHTS. -a. Title, ownership rights, and intellectual property rights in the Product -shall remain in Secway and/or its suppliers. -b. Licensee acknowledges such ownership and intellectual property rights -and will not take any action to jeopardize, limit or interfere in any manner -with Secway's or its suppliers' ownership of or rights with respect to the -Product. -c. The Product is protected by copyright and other intellectual property -laws and by international treaties. -d. Title and related rights in the content accessed through the Product is -the property of the applicable content owner and is protected by applicable law. -The license granted under this Agreement gives Licensee no rights to such -content. -e. The names Secway or Simp or SimpServer may not be used to endorse or -promote products derived from this software without specific prior written -permission. - -7. DISCLAIMER OF WARRANTY. -BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE -PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED -IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS -IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT -NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A -PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE -PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF -ALL NECESSARY SERVICING, REPAIR OR CORRECTION. - -8. LIMITATION OF LIABILITY. -TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR -ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR -CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, -INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, -COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR -LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL -OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. -IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT -SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS -LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY SECWAY UNDER A -SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL -INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW -PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT -ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO -THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. SECWAY IS NOT RESPONSIBLE -FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY -THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH -CONTENT. - -9. ENCRYPTION. -The Product containing encryption algorithms that may be forbidden by certain -legislations or in certain parts of the World, Licensee must ensure himself that -he has the legal right to import and/or use the Product. When redistributing -copies of the Product in accordance with 1. and 2., the Licensee shall also -ensure that he has the legal right to redistribute such copies, especially when -exporting them. - -10. HIGH RISK ACTIVITIES. -The Product is not fault-tolerant and is not designed, manufactured or intended -for use or resale as on-line control equipment in hazardous environments -requiring fail-safe performance, such as in the operation of nuclear facilities, -aircraft navigation or communication systems, air traffic control, direct life -support machines, or weapons systems, in which the failure of the Product could -lead directly to death, personal injury, or severe physical or environmental -damage ("High Risk Activities"). Accordingly, Licensor and its suppliers -specifically disclaim any express or implied warranty of fitness for High Risk -Activities. Licensee agrees that Licensor and its suppliers will not be liable -for any claims or damages arising from the use of the Product in such -applications. - -11. MISCELLANEOUS. -a. This Agreement constitutes the entire agreement between the parties -concerning the subject matter hereof. -b. This Agreement may be amended only by a writing signed by both parties. -c. Except to the extent applicable law, if any, provides otherwise, this -Agreement shall be governed by the laws of France. -d. If any provision in this Agreement should be held illegal or -unenforceable by a court having jurisdiction, such provision shall be modified -to the extent necessary to render it enforceable without losing its intent, or -severed from this Agreement if no such modification is possible, and other -provisions of this Agreement shall remain in full force and effect. -e. The controlling language of this Agreement is French. If Licensee has -received a translation into another language, it has been provided for -Licensee's convenience only. -f. A waiver by either party of any term or condition of this Agreement or -any breach thereof, in any one instance, shall not waive such term or condition -or any subsequent breach thereof. -g. The provisions of this Agreement which require or contemplate -performance after the expiration or termination of this Agreement shall be -enforceable notwithstanding said expiration or termination. -h. Licensee may not assign or otherwise transfer by operation of law or -otherwise this Agreement or any rights or obligations herein except in the case -of a merger or the sale of all or substantially all of Licensee's assets to -another entity. -i. This Agreement shall be binding upon and shall inure to the benefit of -the parties, their successors and permitted assigns. -j. Neither party shall be in default or be liable for any delay, failure in -performance (excepting the obligation to pay) or interruption of service -resulting directly or indirectly from any cause beyond its reasonable control. -k. The relationship between Licensor and Licensee is that of independent -contractors and neither Licensee nor its agents shall have any authority to bind -Licensor in any way. -l. If any dispute arises under this Agreement, the prevailing party shall -be reimbursed by the other party for any and all legal fees and costs associated -therewith. -m. The headings to the sections of this Agreement are used for convenience -only and shall have no substantive meaning. -n. Licensor may use Licensee's name in any customer reference list or in -any press release issued by Licensor regarding the licensing of the Product -and/or provide Licensee's name and the names of the Product licensed by Licensee -to third parties. - - - -[end.]
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