ObjectStore Installation and License for Solaris

OBJECT DESIGN STANDARD SHRINK-WRAP TERMS AND CONDITIONS

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE ENCLOSED COMPUTER PROGRAM AND DOCUMENTATION. OBJECT DESIGN, INC., IS ONLY WILLING TO PROVIDE THIS COMPUTER PROGRAM AND THE ACCOMPANYING DOCUMENTATION TO YOU UPON THESE TERMS AND CONDITIONS. ANY USE OF THE ENCLOSED MATERIALS WILL CONFIRM YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO BE BOUND TO THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE COMPUTER PROGRAM. INSTEAD RETURN THIS PACKAGE AND THE ENCLOSED MATERIALS WITHIN 10 DAYS OF RECEIPT AND YOUR MONEY WILL BE REFUNDED.

Grant of License

Object Design, Inc., ("Object Design") grants to you a nonexclusive, nontransferable license (the "License") to operate the computer programs (the "Software") and use the user documentation (the "Documentation") included in this package and identified in an Order Supplement signed by you (collectively, the "Product") for the purpose of developing application programs ("Applications") and to operate the run-time portion of the Software in connection with operation of the Applications, all on the client, server, and/or stand-alone equipment specified in the Order Supplement and solely for your own internal business purposes. If no equipment is specified in the Order Supplement, this License is restricted to a single CPU. The term "Product" includes all Product updates and new versions you receive from Object Design.

Ownership of the Product; Restrictions on Use

Object Design (or its licensors) owns and will retain all copyright, trademark, trade secret, and other proprietary rights in and to the Product. Your rights are limited to the License and the terms of this Agreement.

  1. You shall not make any copies of all or any part of the Product, except that you may copy the Software as necessary to use it as permitted by Grant of License on page v and for archival purposes.
  2. You shall not decompile, disassemble, reverse engineer, or otherwise reduce the Software code to a human-readable form.
  3. You shall not remove from any part of the Product any notice of proprietary rights or any disclaimer.
  4. You shall not sell, license, sublicense, rent, or otherwise transfer the Product, Application, or License without the written permission of Object Design, except that you may tranfer the Product and License, if you transfer to a person who first notifies Object Design in writing that said person agrees to all the terms and conditions of this Agreement and you deliver all your copies of the Product to said person.
  5. You shall not modify the Product, merge it with other software or documentation, or create derivative works based in whole or in part, except for development of Applications in accordance with this Agreement.
  6. You shall not disclose or permit others to have access to the Product or any results of benchmark tests unless Object Design consents to such disclosure in writing.

Term

 The term of this Agreement and the License will continue until you return all copies of the Product to Object Design or this Agreement is terminated. Object Design may terminate this Agreement by written notice to you specifying your failure or default in the performance of any provisions of the Agreement and you fail to cure said failure or default to the satisfaction of Object Design within ten days after such notice. Upon the termination of this Agreement you will promptly return to Object Design or destroy all copies of the Product.

Licensee's Responsibilities for Selection and Use

You are responsible for the supervision, management, and control of the use of the Product, and output of the Product, including, but not limited to: (1) selection of the Product to achieve your intended results; (2) determining the appropriate uses of the Product in your business; (3) establishing adequate independent procedures for testing the accuracy of the Product and Application; and (4) establishing adequate backup to prevent the loss of data in the event of a Product or Application malfunction.

Limited Warranty; Exceptions and Disclaimers

Limited warranty
 Subject to the other provisions in this Agreement, Object Design warrants that the Product will substantially conform to the Documentation for a period of one year after delivery to you except that ObjectForms and all Object Manager components of the Product shall have a warranty period of ninety (90) days. Object Design's sole responsibility under this warranty will be, at its option, (1) to use reasonable efforts to correct the Product nonconformance or (2) to refund the license fee paid for the Product upon its return. Object Design does not warrant that the Product will be error free, nor that all Product errors will be corrected.

Exceptions
Object Design's warranty does not apply insofar as: (1) any Product is subjected to misuse, neglect, accident, or exposure to environmental conditions beyond those specified by Object Design; (2) claims result from acts or omissions caused by persons other than Object Design or from products, material, or software not provided by Object Design; (3) claims are not reported to Object Design within the warranty period or not documented by you; or (4) you use a version of the Product that does not include all updates available from Object Design.

Limitations on warranties
THE EXPRESS WARRANTY SET FORTH IN THIS SECTION IS THE ONLY WARRANTY GIVEN BY OBJECT DESIGN WITH RESPECT TO THE PRODUCT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER; OBJECT DESIGN MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, AND SPECIFICALLY DISCLAIMS THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OBJECT DESIGN OR ITS AUTHORIZED REPRESENTATIVES SHALL NOT CHANGE THE SCOPE OF THIS WARRANTY. OBJECT DESIGN SHALL NOT BE RESPONSIBLE FOR THE PERFORMANCE OF APPLICATIONS OR OUTPUT OBTAINED FROM THE SOFTWARE NOR FOR ANY LIABILITY TO ANY PARTY ARISING OUT OF USE OF THE PRODUCT OR APPLICATIONS. THE PRODUCT CONTAINS THIRD-PARTY SOFTWARE AND NO SUCH THIRD PARTY GIVES YOU A WARRANTY WITH RESPECT TO THE PRODUCT, ASSUMES ANY LIABILITY REGARDING USE OF THE PRODUCT, OR UNDERTAKES TO FURNISH TO YOU ANY SUPPORT OR INFORMATION RELATING TO THE PRODUCT. YOU SHALL NOT BE ENTITLED TO BRING ANY CLAIM, ACTION, OR PROCEEDING ARISING OUT OF THE WARRANTY SET FORTH IN THIS SECTION MORE THAN ONE YEAR AFTER THE DATE ON WHICH THE BREACH OF WARRANTY OCCURRED.

Limitations of Liability and Remedies

THE LIABILITY OF OBJECT DESIGN AND ITS LICENSORS IN CONTRACT, TORT (INCLUDING REGLIGENCE), OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR THE PRODUCT. IN NO EVENT SHALL OBJECT DESIGN OR ITS LICENSORS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, TORT (INCLUDING NEGLIGENCE), OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER OR FROM OBJECT DESIGN'S PERFORMANCE OF SERVICES, EVEN IF OBJECT DESIGN OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Technical Support and Services

Technical support that you order and pay for will be provided in accordance with Object Design's then-current Technical Software Support Policy at applicable fees. Object Design will provide consulting services ordered by you under Object Design standard Consulting Services Terms and Conditions ("CSTC"), the then-current Object Design Price List, and any relevant Object Design work order. Any ideas, know-how, techniques, and software which may be developed by Object Design in connection with technical support or consulting services, including any enhancements or modifications made to the Products, shall be the sole property of Object Design and subject to this Agreement.

U.S. Government Restricted Rights

If you are an agency or contractor fo the United States Government, you acknowledge and agree that (i) the Product was developed entirely at private expense, (ii) the Product in all respects is proprietary data belonging solely to Object Design, Inc., or its licensors, (iii) the Product is not in the public domain, and (iv) the Product is "Commercial Computer Software" as defined in subparagraph (a)(1) of DFAR Section 252.227-7014.

General Provisions

This Agreement, including the Order Supplement referencing this Agreement and any attachments thereto, represents the entire agreement between you and Object Design with respect to the Product and subject matter hereof, and supersedes all prior proposals, representations, and agreements, whether written or oral, with respect thereto. This Agreement may be amended or modified only by a written agreement executed by you and Object Design. You may not export or reexport the Product without the appropriate United States and foreign government licenses. The terms of this Agreement shall be construed in accordance with the substantive laws of The Commonwealth of Massachusetts, USA, without regard to its principles of conflict of law or the U.N. Convention on Contract for the International Sale of Goods.



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Copyright © 1998 Object Design, Inc. All rights reserved.

Updated: 04/02/98 12:42:56