Product: CloverLicense: Open Source License, 0.x, 1.xIssued: Sun Mar 21 2004 19:35:10 CSTExpiry: NeverKey: 1f563517cde3c725a16bf24a1Name: Ben AlexOrg: Acegi Security System for SpringCertificate: 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License Agreement: CLOVER VERSION 1 (ONE) SOFTWARE LICENSE AGREEMENT1. Licenses and SoftwareCortex eBusiness Pty Ltd, an Australian Proprietary Limited Company("CENQUA") hereby grants to the purchaser (the "LICENSEE") a limited,revocable, worldwide, non-exclusive, nontransferable,non-sublicensable license to use the Clover version 1 (one) software(the "Software"), including any minor upgrades thereof during the Term(hereinafter defined) up to, but not including the next major versionof the Software. The licensee shall not, or knowingly allow others to,reverse engineer, decompile, disassemble, modify, adapt, createderivative works from or otherwise attempt to derive source code fromthe Software provided. And, in accordance with the terms andconditions of this Software License Agreement (the "Agreement"), theSoftware shall be used solely by the licensed users in accordance withthe following edition specific conditions:a) Server EditionA Server Edition license entitles the Licensee to execute one instanceof Clover Server Edition on one (1) machine for the purposes ofinstrumententing source code and generating reports. There are nolimitations on the use of the instrumented source code or generatedreports produced by Server Edition.b) Workstation EditionA Workstation Edition license entitles the licensee to use CloverWorkstation Edition on one (1) machine by one (1) individual enduser. Workstation Edition does not permit the generation of reportsfor distribution.c) Team EditionA Team Edition license entitles the licensee to use Clover Teamedition on any number of machines solely by the licensed number ofusers. Reports generated by Clover Team Edition are strictly for useonly by the licensed number of individual end users.2. License FeeIn exchange for the License(s), the Licensee shall pay to Cenqua aone-time, up front, non-refundable license fee. At the sole discretionof Cenqua this fee will be waived for non-commercialprojects. Notwithstanding the Licensee's payment of the License Fee,Cenqua reserves the right to terminate the License if Cenqua discoversthat the Licensee and/or the Licensee's use of the Software is inbreach of this Agreement.3. Proprietary RightsCenqua will retain all right, title and interest in and to theSoftware, all copies thereof, and Cenqua website(s), software, andother intellectual property, including, but not limited to, ownershipof all copyrights, look and feel, trademark rights, design rights,trade secret rights and any and all other intellectual property andother proprietary rights therein. The Licensee will not directly orindirectly obtain or attempt to obtain at any time, any right, titleor interest by registration or otherwise in or to the trademarks,service marks, copyrights, trade names, symbols, logos or designationsor other intellectual property rights owned or used by Cenqua. Alltechnical manuals or other information provided by Cenqua to theLicensee shall be the sole property of Cenqua.4. Term and TerminationSubject to the other provisions hereof, this Agreement shall commenceupon the Licensee's opting into this Agreement and continue until theLicensee discontinues use of the Software or the Agreement terminatesautomatically upon the Licensee's breach of any term or condition ofthis Agreement (the "Term"). Upon any such termination, the Licenseewill delete the Software immediately.5. Copying & TransferThe Licensee may copy the Software for back-up purposes only. TheLicensee may not assign or otherwise transfer the Software to anythird party.6. Specific Disclaimer of Warranty and Limitation of LiabilityTHE SOFTWARE IS PROVIDED WITHOUT WARRANTY OF ANY KIND. CENQUADISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOTLIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR APARTICULAR PURPOSE. CENQUA WILL NOT BE LIABLE FOR ANY DAMAGESASSOCIATED WITH THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ORDINARY,INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDINGBUT NOT LIMITED TO DAMAGES RELATING TO LOST DATA OR LOST PROFITS, EVENIF CENQUA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.7. Warranties and RepresentationsIndemnification. The Licensee warrants and represents that theLicensee's actions with regard to the Software will be in compliancewith all applicable laws; and the Licensee will indemnify, defend, andhold Cenqua harmless from and against any and all liabilities,damages, losses, claims, costs, and expenses (including legal fees)arising out of or resulting from the Licensee's failure to observe theuse restrictions set forth herein.8. Governing LawThis Agreement shall be governed by the laws of New South Wales,Australia.9.Independent ContractorsAssignment: The parties are independent contractors with respect toeach other, and nothing in this Agreement shall be construed ascreating an employer-employee relationship, a partnership, agencyrelationship or a joint venture between the parties. This Agreement isnot assignable or transferable by the Licensee.10.Entire AgreementThis Agreement constitutes the entire agreement between the partiesconcerning the Licensee's use of the Software. This Agreementsupersedes any prior verbal understanding between the parties and anyLicensee purchase order or other ordering document, regardless ofwhether such document is received by Cenqua before or after executionof this Agreement. This Agreement may be amended only in writing byCenqua.