Software License Agreement
CAREFULLY READ THE FOLLOWING LICENSE AGREEMENT. YOU ACCEPT AND AGREE TO
BE BOUND BY THIS LICENSE AGREEMENT BY CLICKING THE ICON LABELED "I
ACCEPT" THAT IS DISPLAYED BELOW. IF YOU DO NOT AGREE TO THIS LICENSE,
CLICK THE ICON LABELED "CANCEL" AND THE TRIAL KEY WILL NOT BE GENERATED.
License Grant
"You" means the person or company who is being licensed to use the
Software or Documentation. "We," "us," and "our" each mean the business
referred to as "Volano Software."
"Server Software" means the VolanoChat and/or VolanoChatPro server
computer programs and their associated files, whichever you have
licensed, based upon the license keys provided to you as described
further below.
"Client Software" means the VolanoChat, MyVolanoChat, and WebVolanoChat
applet computer programs and their associated files.
"Software" means both the Server Software and the Client Software,
and includes any upgrades, modified versions, updates, additions,
and copies of the Software.
"Documentation" means explanatory written materials we provide
regarding the Software.
We hereby grant you a nonexclusive license to use one copy of the
Server Software on any single computer, provided the Server Software
may only be in use on one computer at any time. The Server Software is
"in use" on a computer when it is loaded into temporary memory (RAM)
or installed into the permanent memory of a computer -- for example,
a hard disk, CD-ROM, or other storage device.
The Server Software may be accessed:
- at a specific port number on a host computer with a specific Internet
Protocol (IP) address,
- by simultaneously (at most) the number of users for whom you have
paid a license fee.
We hereby grant you a nonexclusive license to distribute an unlimited
number of copies of the Client Software via the HTTP protocol or
similar World Wide Web distribution methods through your own or other
Web sites, for use in connecting to the Server Software licensed to
you under this Agreement.
Security Devices
Upon delivery of the Software, we will provide you with one or
more product license keys that allow the Software to be activated
and which allow use of the Server Software at a specific IP address
and port number, and by the specified number of simultaneous users,
as described above.
Upon payment of additional license fees, you will be provided with
one or more replacement product license keys that will allow for
additional users.
You agree not to defeat, modify, copy, work around, or duplicate any
security devices protecting the Software, or to attempt to do so.
Title
We remain the owner of all right, title, and interest in the Software
and Documentation.
Archival or Backup Copies
You may copy the Software for back up and archival purposes, provided
that the original and each copy is kept in your possession and that
your installation and use of the Software does not exceed that allowed
in the "License Grant" section above.
Things You May Not Do
The Software and Documentation are protected by Canadian, United
States, and other copyright laws and international treaties. You
must treat the Software and Documentation like any other copyrighted
material -- for example, a book.
You agree not to:
- copy the Documentation,
- copy the Software except to make archival or backup copies as
provided above,
- modify or adapt the Software or merge it into another program,
- reverse engineer, disassemble, decompile, or make any attempt to
discover the source code of the Software,
- sublicense, rent, lease, or lend any portion of the Software or
Documentation.
Transfers
You may transfer all your rights to use the Software and Documentation
to another person or legal entity provided you transfer this Agreement,
the Software, and Documentation, including all copies, updates,
and prior versions to such person or entity, and that you retain no
copies, including copies stored on computer.
You must notify us in writing of the transfer, and you must complete
and sign a statutory declaration (which we will provide) certifying
that you have transferred or destroyed all copies of the Software
and Documentation in your control.
Limited Warranty
We warrant that for a period of 90 days after delivery of this copy
of the Software to you:
- the media on which this copy of the Software is provided to you will
be free from defects in materials and workmanship under normal use, and
- the Software will perform in substantial accordance with the
Documentation.
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, NONINFRINGEMENT,
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.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limited Remedy
Our entire liability and your exclusive remedy for breach of the
foregoing warranty shall be, at our option, to either:
- return the price you paid, or
- repair or replace the Software or media that does not meet the
foregoing warranty if it is returned to us with a copy of your receipt.
Before we return the price you paid, you must complete and sign a
statutory declaration (which we will provide) certifying that you have
destroyed all copies of the Software and Documentation in your control.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY
LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE
(EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF
THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU.
Term and Termination
This license agreement takes effect upon your use of the Software
and remains effective until terminated. You may terminate it at any
time by destroying all copies of the Software and Documentation in
your possession. It will also automatically terminate if you fail
to comply with any term or condition of this license agreement. You
agree, on termination of this license, to destroy all copies of the
Software and Documentation in your possession.
Confidentiality
The Software contains trade secrets and proprietary know-how that
belong to us, and it is being made available to you in strict
confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS
ALGORITHMS, PROTOCOLS, OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE
WITH THIS LICENSE AGREEMENT, IS FORBIDDEN, AND MAY BE ACTIONABLE AS
A VIOLATION OF OUR TRADE SECRET RIGHTS.
General Provisions
1. This license agreement is the exclusive agreement between you
and us concerning the Software and Documentation and supersedes any
prior purchase order, communication, advertising, or representation
concerning the Software.
2. This license agreement may be modified only by a writing signed
by you and us.
3. In the event of litigation between you and us concerning the
Software or Documentation, the prevailing party in the litigation will
be entitled to recover attorney fees and expenses from the other party.
4. This license agreement is governed by the laws of the Province
of British Columbia and the laws of Canada applicable therein,
without reference to principles of conflicts of laws. The courts
located in Vancouver, British Columbia, and the courts of appeal
from those courts, will have exclusive jurisdiction to hear any and
all proceedings and disputes in any way related to the Software,
the Documentation, or this Agreement.
Included Software
This product includes software developed by the Apache
Software Foundation (http://www.apache.org/) and
licensed under the Apache Software License, Version 1.1
(http://www.apache.org/licenses/LICENSE-1.1). The Apache Tomcat
servlet container and its Apache Xerces XML parser are included in
the VolanoChat and VolanoChatPro servers.
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