End User License Agreement
STAN - Structure Analysis for Java
Version 1.1
NOTICE:
THIS SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE
"PRODUCT") IS THE PROPERTY OF ODYSSEUS SOFTWARE GMBH. THE PRODUCT IS MADE
AVAILABLE SUBJECT TO THE FOLLOWING LICENSE AGREEMENT.
PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT.
BY INSTALLING, COPYING, OR OTHERWISE USING THIS SOFTWARE, YOU AGREE TO BE
BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE
TERMS OF THIS LICENSE AGREEMENT, YOU MAY NOT INSTALL OR USE THIS SOFTWARE.
1. Definitions
(a) "Agreement" shall mean the terms and conditions for use,
reproduction, and distribution as defined by Sections 1 through 8
of this document.
(b) "Odysseus" shall mean Odysseus Software GmbH, a company registered
in Frankfurt/Main, Germany, the copyright owner that is granting
the License.
(c) "You" shall mean an the original individual or legal entity
exercising permissions granted by this License.
(d) "Product" shall mean the 'STAN - Structure Analysis for Java'
software product, its associated media, printed materials and
electronic documentation. The Product also includes any updates
and supplements to the original Product provided to You by Odysseus.
Any software provided along with the Product that is associated with a
separate end-user license agreement is licensed to You under the terms
of that license agreement.
2. Ownership
The Product is proprietary to Odysseus. The Product is licensed, not
sold, to You. You acknowledge and agree that:
(a) The Product is protected under international copyright laws.
(b) Odysseus retains all copyrights and other intellectual property
rights in the Product.
(c) All rights not expressly granted are reserved by Odysseus.
3. Grant of License
3.1 General
Subject to the terms and conditions of this Agreement and payment of
all applicable license fees and other charges, Odysseus grants to You
a non-exclusive, non-transferable and limited license to install and
use the Product.
In the event a purchase order contains terms in addition to, or
different than, the terms of this Agreement, those terms in the
purchase order shall be disregarded and the terms of this Agreement
shall control.
3.2 Options
(a) Evaluation License
You may use the Product for a limited time (evaluation period) to
be determined and stated by Odysseus, solely for the purpose of
determining whether the Product meets Your requirements.
After the evaluation period has finished, You must either:
(i) discontinue Your use of the Product,
(ii) acquire a commercial license (see sections (b) and (c)).
Commercial use of a derived work of the Product is not allowed
under the scope of the evaluation license.
(b) Node-Locked License
You may use the Product locally on one identified computer (node).
(c) Personal License
One identified individual (named user) receives one initial
node-locked license. Odysseus grants You the right to obtain up to
three additional node-locked licenses for that named user at no
additional cost subject to the following conditions:
(i) You did not receive an additional node-locked license within
the previous twelve months,
(ii) You purchased the Product within the last 36 months.
(iii) use the Product under the terms of the community license (see
section (d)).
(d) Community License
You may use the Product with limited functionality as determined by
Odysseus.
Commercial use of a derived work of the Product is not allowed under
the scope of the community license.
4. Warranty and Disclaimer
We warrant that for a period of thirty days after purchase, the Product
will perform in substantial accordance with the documentation. There is
no warranty that the Product will be error-free or will function without
interruption. You assume the entire risk for the results obtained using
the Product. Odysseus' entire liability and Your exclusive remedy for
breach of the foregoing warranty shall be, at Odysseus' option, to
either
(a) return the license fee You paid, or
(b) repair or replace the Product.
To the extent permitted by applicable law, the foregoing limited
warranty is in lieu of all other warranties or conditions, express or
implied, and we disclaim any and all implied warranties or conditions,
including any implied warranty of title, non-infringement,
merchantability or fitness for a particular purpose, regardless of
whether we know or had reason to know of your particular needs. No
employee, agent, dealer or distributor of ours is authorized to modify
this limited warranty, nor to make any additional warranties.
This warranty gives You specific legal rights, and you may also have
other rights which vary from jurisdiction to jurisdiction.
5. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall
Odysseus be liable for any special, incidental, indirect, or
consequential damages whatsoever (including, without limitation,
damages for loss of business profits, business interruption, loss of
business information, confidential information or other direct, indirect
or consequential loss) arising out of the use of or inability to use the
Product, even if Odysseus has been advised of the possibility of such
damages. In any case, Odysseus' entire liability under any provision of
the Agreement shall be limited to the amount actually paid by You to
Odysseus in connection with Your use of the Product within the previous
twelve-month period.
Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to You.
6. Limitations
You may not:
(a) modify, adapt, alter, translate, or create derivative works of the
Product or merge the Product with other software other than as
approved of in writing by Odysseus
(b) reverse engineer, decompile, disassemble, or otherwise attempt to
derive the source code of the Product
(c) remove, alter, or obscure any copyright, trademark, confidentiality
or proprietary notices
(d) use the Product with a license key which has not been obtained
directly from Odysseus
(e) lease, rent or loan the Product to any unlicensed third party
(f) sublicense, distribute or otherwise transfer the Product or any
component thereof to any third party
(g) allow unlicensed third parties to access or use the Product in a
time-sharing, remote or multiplexing environment
The rights granted under this Agreement apply only to this Product.
A separate license must be used for different products of Odysseus.
Except where otherwise stated, the limitations in the section above
apply to Your use of the Product in whole or in part.
7. Branding
For all commercial licenses (see section 3),
(a) You may use the Product names ('STAN - Structure Analysis for Java',
'STAN', 'stan4j' or 'stan4j.com') and/or Product logos provided by
Odysseus to promote Your software projects/products. Odysseus
reserves the right to prohibit usage of the name and/or logo of the
Product.
(b) Odysseus may use Your name and logo in a public list to show who is
using the Product, unless Odysseus receives Your written objection
within 30 days after purchase of the Product.
8. General
This Agreement supersedes all prior agreements between the parties and
represents the complete and exclusive description of the license granted
by Odysseus to the end user of the Product. You also agree that this
Agreement is governed by German laws. Each of the parties hereto
irrevocably attorns to the jurisdiction of the courts of Germany and
further agrees to commence any litigation, which may arise hereunder in
the courts located in the judicial jurisdiction of Frankfurt, Germany.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND
THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. YOU AGREE
TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE
COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND ODYSSEUS
SOFTWARE GMBH WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR
WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND THE LICENSOR RELATING
TO THE SOFTWARE PRODUCT.
If you have any questions concerning this agreement, please contact
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Copyright 2009 Odysseus Software GmbH.
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