END USER LICENSE FOR ACCENDIA IRIS APPLICATION SERVER VERSION 2.2
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE USING THIS SOFTWARE.
THIS LICENSE PROVIDES IMPORTANT INFORMATION CONCERNING THE SOFTWARE,
PROVIDES YOU WITH A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY
AND LIABILITY INFORMATION. BY USING THE SOFTWARE, YOU ARE ACCEPTING THE
SOFTWARE AS IS AND AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT.
IF YOU DO NOT WISH TO DO SO, DO NOT USE THE SOFTWARE.
1. Terms of License
This license allows you to:
(a) install and run the Software for your Organizational Unit or for personal use; and
(b) make copies of the Software for backup purposes.
Each Organizational Unit must license its own copy of the software.
2. Restrictions on Use
Unless Accendia has authorized you to distribute the Software, you shall not
make or distribute copies of the Software. You shall not decompile, reverse engineer, disassemble,
include in other software, or translate the Software. You shall not modify, alter,
change or otherwise make any modification to the Software or create derivative works
based upon the Software. You shall not rent, lease, resell, sublicense, assign,
distribute or otherwise transfer the Software or this license. Any attempt to do
so shall be void and of no effect.
3. Ownership
This license provides you with limited rights to use the Software.
Accendia retains all ownership, right, title and interest in, to and of the
Software and all copies of it. All rights not specifically granted in this license,
including domestic and international copyrights, are reserved by Accendia.
4. Proprietary Markings
Accendia's logos, product names, manuals, documentation, and other support materials
are either patented, copyrighted, trademarked, constitute valuable trade secrets
(whether or not any portion of them may be copyrighted or patented) or are otherwise
proprietary to Accendia. You shall not remove or obscure Accendia's copyright,
trade mark or other proprietary notices from any of the materials contained in
this package or downloaded together with the Software.
5. Disclaimer of Warranties and Technical Support
The Software is provided to you free of charge and on an as is basis,
without any technical support or warranty of any kind including,
without limitation, any warranty or condition of merchantability,
fitness for a particular purpose and non infringement. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. Limitation of Liability
ACCENDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES OR LOSS, INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, OR THE LIKE,
WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR
OTHERWISE, EVEN IF ACCENDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU. The limited warranty, exclusive remedies and limited liability set forth above are
fundamental elements of the basis of the agreement between Accendia and you. You agree
that would not be able to provide the limitations.
7. Term and Termination
This license agreement is effective until terminated. You may terminate
this license agreement at any other time by destroying all complete and
partial copies of the Software in your possession. This license and your
rights hereunder shall automatically terminate if you fail to comply with
any provision of this license. Upon such termination, you shall cease all
use of the Software and delete the Software and destroy all copies of the
Software and other materials related to the Software in your possession or
under your control.
8. General Provisions
(a) This Agreement shall be governed by the laws of Ontario, Canada.
(b) This Agreement contains the complete agreement between the parties
with respect to the subject matter hereof, and supersedes all prior or
contemporaneous agreements or understandings, whether oral or written.
(c) All questions, comments or concerns with respect to
this Agreement shall be directed to iris.license@accendia.com .
