license for net-im/simpserver-bin

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+SimpServer test releases License Agreement
+
+This Agreement sets forth the terms and conditions under which test releases 
+(also called beta versions) of the software known as SimpServer will be licensed 
+by Secway SARL ("Secway") to you ("Licensee") for the duration of the test 
+period. 
+
+IMPORTANT: BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING OR 
+DISTRIBUTING SIMPSERVER BETA VERSIONS (THE "PRODUCT") OR ANY OF ITS FILES (THE 
+"PACKAGE"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS 
+CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE 
+DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-
+ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR DISTRIBUTE OR USE 
+THE SOFTWARE. 
+
+
+Terms of the license agreement
+
+1.	LICENSE AGREEMENT.  This license agreement governs the obtaining, use, 
+duplication, distribution, and modification of the Product and its package. Use, 
+duplication, distribution or modification of the Product and its package implies 
+the acceptation of this license agreement.  
+
+2.	LICENSE GRANT. 
+a.	Secway grants Licensee a non-exclusive and non-transferable license to 
+reproduce and use for personal purposes the executable code version of the 
+Product for the duration of the test period, provided any copy must contain all 
+of the original proprietary notices. 
+b.	This license does not entitle Licensee to receive from Secway hard-copy 
+documentation, technical support, telephone assistance, or enhancements or 
+updates to the Product.
+c.	Licensee may not customize the Product unless he has received a written 
+agreement from Secway. In this case, the exact terms and extends of this 
+customization are to be found in the written agreement. 
+d.	Licensee may not redistribute the Product unless for personal or 
+internal business purposes. Redistribution must be free except possibly for 
+media or bandwidth costs, and redistributed files must be the original package 
+as obtained from Secway, without any modification. Distribution of the Product 
+or its package aggregated with other programs as part of a larger (possibly 
+commercial) software distribution may be permitted by a written agreement from 
+Secway. Such distribution is also governed by terms of this license agreement 
+plus amendments possibly made by the written agreement.
+
+3.	RESTRICTIONS. 
+a.	Except as otherwise expressly permitted in this Agreement, Licensee may 
+not: 
+i.	modify or create any derivative works of the Product or documentation, 
+including translation or localization
+ii.	redistribute, encumber, sell, rent, lease, sublicense, or otherwise 
+transfer rights to the Product
+iii.	remove or alter any trademark, logo, copyright or other proprietary 
+notices, legends, symbols or labels in the Product
+iv.	publish any results of benchmark tests or evaluation or reverse 
+engineering (see below) run on the Product to a third party without Secway's 
+prior written consent, which cannot be refused without any  valid reason. 
+b.	Decompilation, disassembly, reverse engineering or any attempt to derive 
+the source code for the Product is allowed for personal verification purposes 
+only. 
+
+4.	FEES. 
+a.	There is no license fee for the Product. 
+b.	If Licensee wishes to receive the Product on media, there may be a small 
+charge for the media and for shipping and handling. Licensee is responsible for 
+any and all taxes. 
+
+5.	TERMINATION. 
+a.	Without prejudice to any other rights, Licensor may terminate this 
+Agreement 1) at the end of the test period, as fixed by Licensor and posted to 
+its Web site on the Internet or 2) if Licensee breaches any of its terms and 
+conditions. Upon termination, Licensee shall destroy all copies of the Product.
+
+6.	PROPRIETARY RIGHTS. 
+a.	Title, ownership rights, and intellectual property rights in the Product 
+shall remain in Secway and/or its suppliers. 
+b.	Licensee acknowledges such ownership and intellectual property rights 
+and will not take any action to jeopardize, limit or interfere in any manner 
+with Secway's or its suppliers' ownership of or rights with respect to the 
+Product. 
+c.	The Product is protected by copyright and other intellectual property 
+laws and by international treaties. 
+d.	Title and related rights in the content accessed through the Product is 
+the property of the applicable content owner and is protected by applicable law. 
+The license granted under this Agreement gives Licensee no rights to such 
+content.  
+e.	The names Secway or Simp or SimpServer may not be used to endorse or 
+promote products derived from this software without specific prior written 
+permission.
+
+7.	DISCLAIMER OF WARRANTY. 
+BECAUSE THE PROGRAM IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE 
+PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED 
+IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM "AS 
+IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT 
+NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A 
+PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE 
+PROGRAM IS WITH YOU. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF 
+ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
+
+8.	LIMITATION OF LIABILITY. 
+TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR OR 
+ITS SUPPLIERS OR RESELLERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR 
+CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, 
+INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, 
+COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR 
+LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL 
+OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. 
+IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT 
+SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS 
+LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY SECWAY UNDER A 
+SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL 
+INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW 
+PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT 
+ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO 
+THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. SECWAY IS NOT RESPONSIBLE 
+FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY 
+THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH 
+CONTENT. 
+
+9.	ENCRYPTION. 
+The Product containing encryption algorithms that may be forbidden by certain 
+legislations or in certain parts of the World, Licensee must ensure himself that 
+he has the legal right to import and/or use the Product. When redistributing 
+copies of the Product in accordance with 1. and 2., the Licensee shall also 
+ensure that he has the legal right to redistribute such copies, especially when 
+exporting them. 
+
+10.	HIGH RISK ACTIVITIES. 
+The Product is not fault-tolerant and is not designed, manufactured or intended 
+for use or resale as on-line control equipment in hazardous environments 
+requiring fail-safe performance, such as in the operation of nuclear facilities, 
+aircraft navigation or communication systems, air traffic control, direct life 
+support machines, or weapons systems, in which the failure of the Product could 
+lead directly to death, personal injury, or severe physical or environmental 
+damage ("High Risk Activities"). Accordingly, Licensor and its suppliers 
+specifically disclaim any express or implied warranty of fitness for High Risk 
+Activities. Licensee agrees that Licensor and its suppliers will not be liable 
+for any claims or damages arising from the use of the Product in such 
+applications.  
+
+11.	MISCELLANEOUS. 
+a.	This Agreement constitutes the entire agreement between the parties 
+concerning the subject matter hereof. 
+b.	This Agreement may be amended only by a writing signed by both parties. 
+c.	Except to the extent applicable law, if any, provides otherwise, this 
+Agreement shall be governed by the laws of France.
+d.	 If any provision in this Agreement should be held illegal or 
+unenforceable by a court having jurisdiction, such provision shall be modified 
+to the extent necessary to render it enforceable without losing its intent, or 
+severed from this Agreement if no such modification is possible, and other 
+provisions of this Agreement shall remain in full force and effect. 
+e.	The controlling language of this Agreement is French. If Licensee has 
+received a translation into another language, it has been provided for 
+Licensee's convenience only. 
+f.	A waiver by either party of any term or condition of this Agreement or 
+any breach thereof, in any one instance, shall not waive such term or condition 
+or any subsequent breach thereof. 
+g.	The provisions of this Agreement which require or contemplate 
+performance after the expiration or termination of this Agreement shall be 
+enforceable notwithstanding said expiration or termination. 
+h.	Licensee may not assign or otherwise transfer by operation of law or 
+otherwise this Agreement or any rights or obligations herein except in the case 
+of a merger or the sale of all or substantially all of Licensee's assets to 
+another entity. 
+i.	This Agreement shall be binding upon and shall inure to the benefit of 
+the parties, their successors and permitted assigns. 
+j.	Neither party shall be in default or be liable for any delay, failure in 
+performance (excepting the obligation to pay) or interruption of service 
+resulting directly or indirectly from any cause beyond its reasonable control. 
+k.	The relationship between Licensor and Licensee is that of independent 
+contractors and neither Licensee nor its agents shall have any authority to bind 
+Licensor in any way. 
+l.	If any dispute arises under this Agreement, the prevailing party shall 
+be reimbursed by the other party for any and all legal fees and costs associated 
+therewith. 
+m.	The headings to the sections of this Agreement are used for convenience 
+only and shall have no substantive meaning. 
+n.	Licensor may use Licensee's name in any customer reference list or in 
+any press release issued by Licensor regarding the licensing of the Product 
+and/or provide Licensee's name and the names of the Product licensed by Licensee 
+to third parties. 
+
+
+
+[end.]
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