3SP and/or its licensors reserve all rights not expressly granted to You herein. Any license granted by 3SP under this Agreement is not a sale of the Software or any copy of the Software. The Software contains valuable trade secrets of 3SP and its licensors. All worldwide ownership of and all rights, titles and interests in and to the Software, and all copies and portions of the Software, including without limitation, all intellectual property rights therein and thereto, are and will remain exclusively with 3SP. The Software is protected, among other ways, by the copyright laws of England and Wales and international copyright treaties. All rights not expressly granted herein are retained by 3SP and its licensors.
USE RESTRICTIONS
You may not:
(i) use the Software, except under the terms listed above;
(ii) modify, translate, reverse engineer, decompile, disassemble or
otherwise attempt to reconstruct or discover the source code from the
binaries of the Software, except to the extent applicable laws
specifically prohibit such restriction and except that You may create
patches, bug fixes or additional features and bundle or distribute the
Software with certain operation systems as specified above;
(iii) copy the Software (except for one emergency or back-up copy per
license that You have paid for);
(iv) rent, lease, sublicense, convey, distribute or otherwise transfer
rights to the Software;
(v) remove any product identification, copyright, proprietary notices
or labels from the Software; or
(vi) use any 3SP trademarks in any manner other than their presence
within Your copy of the Software without written permission of 3SP.
Any and all copies made by You as permitted hereunder must contain
all of the original Software's copyright, trademark and other
proprietary notices and marks.
MAINTENANCE, SUPPORT AND UPDATES
3SP is not required to provide maintenance or support to the licensee.
CONFIDENTIALITY
The Software and any license
authorization codes are confidential and proprietary information of
3SP. You agree to take adequate steps to protect the Software and any
license authorization codes, if any, from unauthorized disclosure or
use. You agree that You will not disclose the Software, in source code
or object code form, to any third party, except as otherwise provided
herein.
WARRANTY
3SP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR
STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT
OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS, AND ANY WARRANTY THAT MAY
ARISE BY REASON OF TRADE USAGE, CUSTOM, OR COURSE OF DEALING. WITHOUT
LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SOFTWARE IS PROVIDED
"AS IS" AND THAT 3SP DOES NOT WARRANT THAT THE SOFTWARE WILL RUN
UNINTERRUPTED OR ERROR FREE NOR THAT THE SOFTWARE WILL OPERATE WITH
HARDWARE AND/OR SOFTWARE NOT PROVIDED BY 3SP. THIS DISCLAIMER OF
WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. SOME STATES DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION
MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE.
LIMITED LIABILITY
THE ENTIRE RISK AS TO RESULTS AND PERFORMANCE OF THE SOFTWARE IS
ASSUMED BY YOU. UNDER NO CIRCUMSTANCES WILL 3SP OR ITS LICENSORS BE
LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER BASED
ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SOFTWARE OR THIS
AGREEMENT, EVEN IF 3SP OR ITS LICENSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY
FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY
EXCLUSIVE REMEDY PROVIDED IN THIS AGREEMENT. SUCH LIMITATION ON DAMAGES
INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST
PROFITS, LOSS OF DATA OR SOFTWARE, WORK STOPPAGE, COMPUTER FAILURE OR
MALFUNCTION OR IMPAIRMENT OF OTHER GOODS. IN NO EVENT WILL 3SP OR ITS
LICENSORS BE LIABLE FOR THE COSTS OF PROCUREMENT OF SUBSTITUTE SOFTWARE
OR SERVICES. IN ADDITION, IN NO EVENT WILL THE TOTAL LIABILITY OF 3SP
IN CONNECTION WITH THIS AGREEMENT OR THE SOFTWARE EXCEED THE ACTUAL
AMOUNT PAID TO 3SP, IF ANY, FOR THE SOFTWARE GIVING RISE TO THE CLAIM.
YOU ACKNOWLEDGE THAT THIS SOFTWARE IS NOT DESIGNED OR LICENSED FOR USE
IN ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS SUCH AS OPERATION OF
NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR CONTROL, OR LIFE-CRITICAL
APPLICATIONS. 3SP EXPRESSLY DISCLAIMS ANY LIABILITY RESULTING FROM USE
OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS ENVIRONMENTS
AND ACCEPTS NO LIABILITY IN RESPECT OF ANY ACTIONS OR CLAIMS BASED ON
THE USE OF THE SOFTWARE IN ANY SUCH ON-LINE EQUIPMENT IN HAZARDOUS
ENVIRONMENTS BY YOU. FOR PURPOSES OF THIS PARAGRAPH, THE TERM
"LIFE-CRITICAL APPLICATION" MEANS AN APPLICATION IN WHICH THE
FUNCTIONING OR MALFUNCTIONING OF THE SOFTWARE MAY RESULT DIRECTLY OR
INDIRECTLY IN PHYSICAL INJURY OR LOSS OF HUMAN LIFE.
TERMINATION
This Agreement will terminate immediately and automatically without
notice if You breach any provision in this Agreement. Upon termination
You will remove all copies of the Software or any part of the Software
from any and all computer storage devices and destroy the Software. At
3SP's request, You or your authorized signatory, will certify in
writing to 3SP that all complete and partial copies of the Software
have been destroyed and that none remain in your possession or under
your control. The provisions of this Agreement, except for the license
grant and warranty, will survive termination.
EXPORT LAW
You acknowledge and agree that the Software may be subject to
restrictions and controls imposed by the United States Export
Administration Act (the "Act") and the regulations thereunder . You
agree and certify that neither the Software nor any direct product
thereof is being or will be acquired, shipped, transferred, or
re-exported, directly or indirectly, into any country, except pursuant
to an export control license under the Act and the regulations
thereunder , or will be used for any purpose prohibited by the same. By
using the Software, You are acknowledging and agreeing to the
foregoing, and You are representing and warranting that You will comply
with all of the United States and other applicable country laws and
regulations when either exporting or re-exporting or importing the
Software or any underlying information technology. Further, You
represent and warrant that You are not a national of Cuba , Iran , Iraq
, Libya , North Korea , Sudan or Syria or a party listed in the U.S.
Table of Denial Orders or U.S. Treasury Department's list of Specially
Designated Nationals.
GOVERNING LAW
This Agreement is governed by the laws of England and Wales without
regard to conflict of laws rules and principles.
MISCELLANEOUS
If any provision hereof shall be held illegal, invalid or
unenforceable, in whole or in part, such provision shall be modified to
the minimum extent necessary to make it legal, valid and enforceable,
and the legality, validity and enforceability of all other provisions
of this Agreement shall not be affected thereby. No delay or failure by
either party to exercise or enforce at any time any right or provision
hereof shall be considered a waiver thereof or of such party's right
thereafter to exercise or enforce each and every right and provision of
this Agreement. This Agreement will bind and inure to the benefit of
each party's permitted successors and assigns. You may not assign this
Agreement in whole or in part, without 3SP's prior written consent. Any
attempt to assign this Agreement without such consent will be null and
void. This Agreement is the complete and exclusive statement between
You and 3SP relating to the subject matter hereof and supersedes all
prior oral and written and all contemporaneous oral negotiations,
commitments and understandings of the parties, if any. In the case of
any conflict between the terms of this Agreement and the provisions of
any purchase order for the Software, the terms of this Agreement shall
control.
COPYRIGHTS
J2SSH
Maverick
©
Copyright 2003-2004 3sp Ltd, All Rights Reserved.
This software
may contain
other copyrighted software which is subject to different license
terms. Details
of such software (if any) can be found in the COPYRIGHTS file that
accompanies
this license file.