OpenMEAP Software End-User License Agreement
YOU MUST READ THE TERMS OF THIS AGREEMENT REFERED TO HEREIN (COLLECTIVELY REFERRED TO AS “AGREEMENT”) BEFORE SETTING UP OR USING THE SERVER, CLIENT AND ITS SOFTWARE. BY SETTING UP OR OTHERWISE USING THIS PRODUCT YOU INDICATE YOUR ACKNOWLEDGMENT THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY AND COMPLY WITH ITS TERMS.
IF YOU DO NOT AGREE YOU MUST NOT SETUP, USE THE PRODUCT OR ACCESS ITS SOFTWARE.
1. Licensor and Licensee
“Licensor” is OpenMEAP Inc. herein referred to as (“OpenMEAP”);
“Licensee” is the person, company or entity who uses the OpenMEAP Product.
2. Software
The term “Software” is used to mean any or all of the computer programs included with OpenMEAP products. “OpenMEAP Software” refers to all original computer programs of OpenMEAP in Object Code and the accompanying Source Code and documentation and any error fixes provided by OpenMEAP. The Software includes three categories of functions: OpenMEAP Server Software, Client Software and Administrative Interface.
3. Product
“Software Product” or “OpenMEAP Software” refers to any software, packaged or downloaded, that will run on the Server Appliance line of products developed by OpenMEAP Inc. and which may include programs from any or all three categories as described in Section 2. The OpenMEAP Software consists of, but is not limited to, the Server Software, web applications and administration user interface, Documentation, and OpenMEAP graphics artwork.
4. License of Product Software
Subject to the other provisions of this Agreement, OpenMEAP Software is licensed under the GNU Lesser General Public License, version 3 (www.gnu.org/licenses/lgpl.html). OpenMEAP grants to Licensee a nonexclusive, nontransferable license (“the License”) to use the Software included in the Product. Additionally, this product may be used by an unlimited number of users who are granted access by the Server’s administrator. All rights to OpenMEAP Software not expressly granted to the Licensee in this Agreement are reserved by OpenMEAP.
5. Proprietary Rights and Restrictions
The OpenMEAP Software is the confidential property of OpenMEAP, which holds the copyright and all other rights of ownership, title, and interest in and to it. Title to the Software, or to any copy, modification or merged portion of any of the Software Programs, shall at all times remain with OpenMEAP. You may not make copies of the OpenMEAP Software, other than for archival purposes and as set in Section 3. You may not modify, de-compile, or reverse engineer the OpenMEAP Software.
7. Trademarks
OpenMEAP does not grant you any right, title or interest in or to any trademark, service mark, logo, or trade name of or belonging to OpenMEAP under this Agreement. “OpenMEAP” is a trademark of OpenMEAP Inc, All Rights Reserved. “Linux” is a trademark of Linus Torvalds. “Mozilla” is a trademark of the Mozilla Organization. All other trademarks are the property of their respective owners.
8. Limitation of Warrantee
OpenMEAP Software is provided “AS IS”. YOUR EXCLUSIVE REMEDY FOR ANY REPRODUCIBLE ERROR ATTRIBUTABLE TO OPENMEAP, AND OPENMEAP’S ENTIRE LIABILITY UNDER THIS LIMITED WARRANTY, WILL BE, TO REPLACE THE SOFTWARE MEDIA OR TO RELOAD AN UPDATED SOFTWARE ON THE PRODUCT’s INTERNAL MEDIA.
9. Limitations of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, OPENMEAP AND ITS LICENSORS WILL NOT IN ANY EVENT BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF OPENMEAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE MAXIMUM AGGREGATE LIABILITY TO YOU AND THAT OF OUR PARTNERS FOR DIRECT DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. THE LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT THE ALLEGED BREACH OR DEFAULT IS A BREACH OF A FUNDAMENTAL CONDITION OR TERM OR A FUNDAMENTAL
BREACH.
Responsibility for Decisions: The Licensee is solely responsible for decisions made and actions taken based on the Product.
Non-Parties: The officers, directors, employees, shareholders and representatives of OpenMEAP are not parties to this Agreement and shall have no obligation or liability to Licensee relating to this Agreement or the Product.
10. Support
This Agreement does not entitle the Licensee to any product support, maintenance, upgrade or distributions of any Software. Licensee may contact OpenMEAP or its resellers to determine the availability of such support, maintenance, upgrade or distributions of Software, and the fees, terms and conditions applicable thereto.
11. Termination
This Agreement will terminate immediately without notice from OpenMEAP if the Licensee materially breaches this Agreement. Upon termination of the License, the Licensee shall cease all use of the Product and its Software and shall destroy all copies of OpenMEAP Software within the possession or control of the Licensee and shall return the original media and documentation, if any, to OpenMEAP.
12. Governing Law
This Agreement shall be construed in accordance with and governed by the Federal laws and the laws of the State of Virginia, U.S.A. without regard to choice of law provisions. You and OpenMEAP agree to submit to the jurisdiction of the state courts located within Richmond County, Virginia and to the jurisdiction of the federal courts located in the District Court of Virginia.
13. Severability
If any provision of this Agreement is held to be unenforceable, then it shall be severed from this Agreement, and the remaining provisions of which shall remain in effect, unless the omission would frustrate the intent of the parties, in which case this Agreement shall immediately terminate.
14. Entire Agreement
This Agreement is the entire agreement between the Licensee and OpenMEAP relating to its subject matter. It supersedes all prior agreement or discussions, oral or written, and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, except by a signed agreement. The Licensee may not assign rights or obligations under this Agreement without the prior consent of OpenMEAP.