VorteXML 3.0
This Software Distribution Agreement (hereinafter referred to as "AGREEMENT") is a legal AGREEMENT between you, and Datawatch Corporation for distributing the computer software program entitled "VorteXML Beta Release" (hereinafter referred to as "SOFTWARE PRODUCT").
This AGREEMENT describes the terms and conditions by which Datawatch Corporation will license other parties to distribute the SOFTWARE PRODUCT which is intended solely for distribution as DEMOWARE. No use, distribution or reproduction of the SOFTWARE PRODUCT or copies of the SOFTWARE PRODUCT is authorised except in compliance with the terms and conditions herein. Distribution of the SOFTWARE PRODUCT in accordance with the provisions of this Software Licence Agreement is encouraged.
You should carefully read the following terms and conditions before distributing this SOFTWARE PRODUCT. Unless you have a different licence AGREEMENT signed by Datawatch Corporation, your use of this SOFTWARE PRODUCT indicated your acceptance of this licence AGREEMENT.
By copying or distributing this SOFTWARE PRODUCT, you agree to be bound by the terms and conditions of this AGREEMENT as well as those of the End User Licence Agreement ("EULA").
GENERAL TERMS AND CONDITIONS
Datawatch Corporation shall be credited as the owner of the SOFTWARE PRODUCT in all distribution of the SOFTWARE PRODUCT. Datawatch Corporation is the exclusive world-wide licenser of the SOFTWARE PRODUCT, and the copyrights and other proprietary rights therein. The SOFTWARE PRODUCT is intended solely for distribution as DEMOWARE (Time Limited Commercial Beta Software); it is not public domain or free software or freeware.
The SOFTWARE PRODUCT shall be identified by name and shall be identified as DEMOWARE in all distribution.
You may copy and/or distribute the SOFTWARE PRODUCT only in its original, unaltered form, with all files included unmodified, and without making any additions, modifications or deletions except as provided in this paragraph. You may not modify the SOFTWARE PRODUCT or any of its files, and the SOFTWARE PRODUCT must be distributed as a complete package. You may not change, delete, merge or rename any files or elements of the SOFTWARE PRODUCT in any manner, and you may not add any files or new elements (except for installation routines which do not interfere with the proper operation or installation of the SOFTWARE PRODUCT).
Since the SOFTWARE PRODUCT is intended for distribution only as DEMOWARE, you shall not charge any fee or other compensation for the SOFTWARE PRODUCT, although you may charge a distribution fee for costs associated with distributing the SOFTWARE PRODUCT. You are permitted, and encouraged, to make and distribute copies of the SOFTWARE PRODUCT to your friends, family members and co-workers for your and their private non-commercial use, in compliance with the terms and conditions hereof.
You recognise that your right to distribute the SOFTWARE PRODUCT is nonexclusive and that Datawatch Corporation can terminate the license granted to you at any time for any reason upon notice. Datawatch Corporation reserves the right to withhold or withdraw permission to distribute the SOFTWARE PRODUCT from anyone at any time for any reason. The other provisions hereof shall survive any expiration or termination of this AGREEMENT.
You shall take reasonable steps to ensure that the SOFTWARE PRODUCT and any other software, documentation and other materials distributed with the SOFTWARE PRODUCT are free from viruses.
You may not use, copy, modify, distribute or transfer the SOFTWARE PRODUCT or any element thereof in whole or in part, except as expressly provided for herein.
You may not rent or lease the SOFTWARE PRODUCT to anyone.
Datawatch Corporation reserves the right to update the contents of the SOFTWARE PRODUCT and its associated files, documentation and/or other elements, at its discretion from time to time, without the consent of, or any obligation to, any licensed users or distributors.
You will hold Datawatch Corporation, distributors, licensees, sub-licensees and lawyers harmless from and against any and all claims, actions, damages, losses, liabilities, costs and expenses arising directly or indirectly from your acts and omissions in copying and distributing the SOFTWARE PRODUCT.
If any provision of this AGREEMENT is held to be void, invalid or unenforceable, it will not affect the validity of the balance of this AGREEMENT, which shall remain valid and enforceable according to its terms and conditions.
This agreement shall be governed by the laws of the State of Massachusetts.
SPECIAL TERMS AND CONDITIONS
Distribution by BBS, on-line Services, FTP, FSP, News, WWW, Satellite, Other File Transfer Protocols: The SOFTWARE PRODUCT and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types in a non-retail environment: The SOFTWARE PRODUCT and associated files may be copied, and used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
Distribution on Floppy Disk / CD-ROM / DVD / Other Disk Types by Anonymous access FTP/WWW Shareware Archives: (e.g., WinSite, SimTel, Windows95, etc.) The SOFTWARE PRODUCT and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
Distribution on Magazine Companion Disk / CD-ROM / Other Disk Types: The program and associated files may be copied, used and posted without charge and permission as long as the "General Terms and Conditions" set forth above are complied with.
Distribution in a Retail Environment, Book Companion Disk / CD-ROM / Other Disk Types (Book): You may not distribute the program without obtaining explicit permission from Datawatch Corporation.
Other (e.g. Retail not covered above) CD-ROM Shareware/Demoware Distribution: You may not distribute the program without obtaining explicit permission from Datawatch Corporation.
Internet Providers Disk / CD-ROM / Demo Disks / Connection Kits / etc.: You may distribute this SOFTWARE PRODUCT on your disk/CD only as bundled demoware with other programs without charge and permission as long as the "General Terms and Conditions" set forth above are complied with. If you intend to provide the program for your own purposes then you may not distribute the program without obtaining explicit permission from Datawatch Corporation.
Software/Hardware Manufacturers & Suppliers: You may not distribute the program pre-installed or otherwise on the machines you manufacture/distribute/etc. or bundled with your own products without obtaining explicit permission from Datawatch Corporation.
Other Type of Distribution: Please contact Datawatch Corporation for details.
Datawatch Corporation
175 Cabot St
Suite 503
Lowell, MA 01854
USA
BY DISTRIBUTING THE SOFTWARE PRODUCT YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THIS AGREEMENT`S TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE RIGHTS AND LIABILITIES OF THE PARTIES AND SUPERSEDES ALL PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN THE PARTIES RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
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