YOU MUST READ THE TERMS OF THIS AGREEMENT AND THE TERMS OF ANY ADDITIONAL THIRD PARTY LICENSE AGREEMENTS REFERED TO HEREIN (COLLECTIVELY REFERRED TO AS “AGREEMENT”) BEFORE SETTING UP OR USING THE SERVER 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, EXCEPT AS PROVIDED BY SECTION 1 AND THE THIRD PARTY AGREEMENTS REFERENCED THEREIN, AND YOU MAY RETURN THE PRODUCT, INCLUDING ALL PACKAGING, MEDIA, AND DOCUMENTATION, TO THE PLACE OF PURCHASE FOR A REFUND, PROVIDED THAT THE RETURN IS MADE WITHIN TEN (10) DAYS OF THE DATE OF PURCHASE.
Axentra Server Appliance End-User License Agreement
1. THIRD PARTY AGREEMENTS
Many of the Software Programs included with the AXENTRA Product or preloaded on the Server’s internal media are distributed under the terms of agreements with Third Parties (“Third Party Agreements”) which may expand or limit the Licensee’s rights to use certain Software Programs as set forth in Section 5. Certain Software Programs may be licensed (or sublicensed) to Licensee under the GNU General Public License and other similar open source license agreements listed in part in this section which, among other rights, permit the Licensee to copy, modify and redistribute certain Software Programs, or portions thereof, and have access to the source code of certain Software Programs, or portions thereof. In addition, certain Software Programs, or portions thereof, may be licensed (or sublicensed) to Licensee under terms stricter than those set forth in Section 5. The Licensee must review the electronic documentation that accompanies certain Software Programs, or portions thereof, for the applicable Third Party Agreements. To the extent any Third Party Agreements require that AXENTRA provide rights to use, copy or modify a Software Program that are broader than the rights granted to the Licensee in Section 5, then such rights shall take precedence over the rights and restrictions granted in this Agreement solely for such Software Programs.
The majority of the General Public and other open source programs included in the AXENTRA Product are licensed under one or many of the following license agreements:
.: GPL: the GNU General Public License, version 2 or later (www.gnu.org/licenses/gpl.html)
.: LGPL: the GNU Lesser General Public License, version 2.1 or later (www.gnu.org/licenses/lgpl.html)
.: MPL: the Mozilla Public License, version 1.1 (www.mozilla.org/MPL/MPL-1.1.html).
.: MPL/GPL/LGPL: Triple license “Triple License” (www.mozilla.org/MPL/boilerplate-1.1/mpl-tri-license-txt)
2. LICENSOR AND LICENSEE
“Licensor” is AXENTRA Corporation herein referred to as (“AXENTRA”);
“Licensee” is the person, company or entity who uses this AXENTRA Server Appliance Product.
The term “Software” is used to mean any or all of the computer programs included with AXENTRA products. “AXENTRA Software” refers to all original computer programs of AXENTRA in Object Code and the accompanying Source Code and documentation and any error fixes provided by AXENTRA. The Software includes three categories of computer programs: AXENTRA Software, Third Party Software, and Open Source Software. Where documented within the source code, certain original AXENTRA Software Programs may be licensed to You under one of the licenses listed in Section 1. All other original AXENTRA Software Programs are licensed under the terms set forth in Section 5.
“Software Product” or “AXENTRA Software” refers to any software, packaged or downloaded, that will run on the Server Appliance line of products developed by AXENTRA Corp. and which may include programs from any or all three categories as described in Section 3. The AXENTRA Software consists of, but is not limited to, the Server Software, web applications and administration user interface, Documentation, and AXENTRA graphics artwork.
5. LICENSE OF PRODUCT’s SOFTWARE
Subject to the other provisions of this Agreement, AXENTRA 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 AXENTRA Software not expressly granted to the Licensee in this Agreement are reserved by AXENTRA.
6. PROPRIETARY RIGHTS AND RESTRICTIONS
The AXENTRA Software is the confidential property of AXENTRA, 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 AXENTRA and/or its licensors, subject to the terms of the applicable Third Party Agreement(s) to the Software Programs under consideration. Except as specifically licensed in this Agreement and in any Supplemental License Terms, you may not make copies of the AXENTRA Software, other than for archival purposes and as set in Section 5. You may not modify, de-compile, or reverse engineer the AXENTRA Software. You acknowledge that this Software is not designed, licensed, or intended for use in the design, construction, operation, or maintenance of any nuclear facility. AXENTRA DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR ANY AND ALL OTHER PARTICULAR PURPOSES.
AXENTRA does not grant you any right, title or interest in or to any trademark, service mark, logo, or trade name of or belonging to AXENTRA under this Agreement. While certain Third Party Agreements described in Section 1. may allow the Licensee to copy, modify and distribute certain Software Programs, they do not permit the Licensee to distribute the Product utilizing AXENTRA’s trademarks. “AXENTRA” is a trademark of AXENTRA Corp., 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 WARRANTY
AXENTRA warrants that for a period of three (3) months from the date of purchasing the product by a copy of proof of purchase, the media on which the Software is furnished will be free of defects in materials and workmanship under normal use. Except for the foregoing, the Software is provided “AS IS”. YOUR EXCLUSIVE REMEDY FOR ANY REPRODUCIBLE ERROR ATTRIBUTABLE TO AXENTRA, AND AXENTRA’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.
Hardware Warranty: Where applicable, the hardware warranty information can be found on the Product’s “Standard Limited Warranty” card.
Jurisdictions: Where applicable, Warranties to Third Party Software will be the warranties made by the Third Party Software licensors in the applicable license agreements.
9. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, AXENTRA 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 AXENTRA 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
Jurisdictions: Because certain jurisdictions do not allow the exclusion or limitation of liability, the limitation in this Section might not apply.
Third Party Liability: Where applicable, Warranties to Third Party Software will be the warranties made by the Third Party Software licensors in the applicable license agreements.
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 AXENTRA are not parties to this Agreement and shall have no obligation or liability to Licensee relating to this Agreement or the Product.
This Agreement does not entitle the Licensee to any product support, maintenance, upgrade or distributions of any Software. Licensee may contact AXENTRA or its resellers to determine the availability of such support, maintenance, upgrade or distributions of Software, and the fees, terms and conditions applicable thereto.
This Agreement will terminate immediately without notice from AXENTRA 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 AXENTRA Software within the possession or control of the Licensee and shall return the original media and documentation, if any, to AXENTRA. The provisions of Third Party Agreements of Section 1., shall survive such termination.
12. GOVERNING LAW
This Agreement shall be construed in accordance with and governed by the Laws of the Province of Ontario and the laws of Canada applicable therein. Any litigation between the parties shall be conducted exclusively in the courts of Ontario or the federal courts of Canada within the Ottawa-Gatineau region. The parties agree and submit to such exclusive jurisdiction and venue.
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, together with the Third Party Agreements, is the entire agreement between the Licensee and AXENTRA 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 AXENTRA.