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- General
This software license agreement (hereafter “this agreement”) is a legal agreement between you i.e., the end user or customer (either an individual or a legal entity) and activeWeb GmbH. The copyright of this software (hereafter “the SOFTWARE” or “contentserver”) and its associated documentation (including any files, source code, images and text incorporated into the software) as well as any accompanying written material is owned by activeWeb GmbH (“the OWNER” or “activeWeb”), located at Bratustr. 7, 64293 Darmstadt, Germany, and is protected by German copyright laws and international treaties.
By downloading, installing, copying or otherwise using this software, you agree with the owner to be bound by the terms and conditions of this agreement, which will govern your use of the software. If you do not agree to this agreement, do not download, install or use this software. Any offence against the agreement will be prosecuted to the fullest extent of the law. You will be held responsible for any employees or users who receive the software and in turn make unauthorized copies.
Should one of the provisions of this Agreement be or become ineffective, this shall not affect the validity of the remainder of this Agreement.
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License
activeWeb grants, and you accept, a non-transferable and nonexclusive license to use the software on the following terms and conditions, according to the license type that you have acquired:
- CPU License
You may use the software in an intranet/extranet, and for public websites over the internet with non-anonymous and anonymous users. The use is limited to the number of CPU licenses bought with/for the software. One CPU license is required for each CPU of the server(s) running the software. The CPU license is valid for 1 (one) CPU, and licenses for additional CPUs can be bought for 1 (one) CPU license each. A CPU license includes access for an unlimited number of users to connect from either in the corporate local area network (LAN), wide area network (WAN), or outside the firewall. The number of applications and domains hosted by contentserver is not limited.
- FQDN License
You may use the software in an intranet/extranet, and for public websites over the internet with non-anonymous and anonymous users. The use is limited to the number of hosted applications/FQDNs bought with/for the software. One FQDN license is required for each application/ FQDN hosted by the software. The FQDN license is valid for 1 (one) application/FQDN, and licenses for additional applications/FQDNs can be bought for 1 (one) FQDN license each. A FQDN license includes access for an unlimited number of users to connect from either in the corporate local area network (LAN), wide area network (WAN), or outside the firewall. The CPU count of the server running contentserver is limited to 1 (one).
- Enterprise License
You may use the software in an intranet/extranet, and for public websites over the internet with non-anonymous and anonymous users. An Enterprise license includes access for an unlimited number of users to connect from either in the corporate local area network (LAN), wide area network (WAN), or outside the firewall. The number of applications and domains hosted by contentserver is unlimited; the number of servers running the software is unlimited; the number of CPUs of the server running the software is unlimited. The Enterprise License is only valid within 1 (one) organization/company/firm but without user- or hardware limitation.
- NFD License
You may use the software in an intranet/extranet, and for public websites or over the internet with non-anonymous and anonymous users. The use is limited to 1 (one) hosted application/FQDN bought with/for the software. The NFD license is time limited. You are permitted to use the software for a period of 12 (twelve) months. A NFD license includes access for an unlimited number of users to connect from either in the corporate local area network (LAN), wide area network (WAN), or outside the firewall. The number of CPUs of the server running the software is not limited.
- Demonstration License
You may use the software for testing and demonstration purpose only. The use is limited to 1 (one) hosted application/FQDN. The Demonstration license is time limited. You are permitted to test the software for a period of 4 (four) weeks. A Demonstration license includes access for an unlimited number of users to connect from the corporate local area network (LAN). The CPU count of the server running contentserver is limited to 4 (four).
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Exceptions and Obligations
The only permissible exception to the above requirements is a purely passive server in an active/passive fail-over cluster. If the software is used in a clustered environment, you may use the software on a temporary basis on a server that is employed only for fail-over support (the “PASSIVE SERVER”). In case of a CPU license this is valid so long as the number of CPUs on the passive server does not exceed the number of CPUs on your primary active server. In this configuration, the passive server does not require a license. Active/active configurations require additional licensing.
You may copy the software to another disk or media, for the purpose of backup protection only in the event of a system wide crash. The use of the software on more then one server/computer requires the purchase of additional licenses of the software. Installation of the software onto a system that you use means that you have accepted and agreed to the terms that govern the use of the copyrighted software.
You are not permitted to:
- make copies of, or distribute parts of the software;
- rent, lease, sub-license, loan, copy, modify, alter, adapt, merge, translate, reverse engineer, decompile or repackage the software into another product, or to disassemble it or create derivate works, based on the whole, or any part of the software or its associated documentation;
- copy the software for the purpose of illegal distribution or loading onto systems owned by another individual or company.
activeWeb will provide you with an unlock key which enables the use of the Software license. The information contained in the unlock key will include the following: Type of license, number of all hosted applications, names of all hosted application and the number of licensed CPUs. You might also have to provide the name of the server(s) on which the Software will be installed. activeWeb further reserves the right to introduce and use appropriate license enforcement techniques in it software, which are designed to prevent illegal use or distribution of the Software. The license enforcement techniques might require activation of the Software license. activeWeb reserves all rights to modify the license enforcement techniques used in the Software at any time.
- Terms
The agreement is effective until you terminate it by destroying the software and its documentation, together with all copies. The agreement will also be terminated, if you fail to abide by its terms. Upon termination, you agree to destroy all copies of the software, and its documentation, including any software stored on the hard disk of any server/computer under your control.
- Ownership
The software is licensed to you. You do not own it. The owner shall at all time retain ownership of the software as well as all subsequent copies thereof, regardless of form and storage medium. The owner also retains the title, and all proprietary rights to the software, including, but not limited to, all patent, copyright, trade secret, service, service marks, registered service marks, trademark or registered trademark right.
You agree to protect the confidentiality of the software, the documentation as well as any accompanying written materials. You agree that you will not provide a copy of the software or documentation nor any accompanying written materials nor divulge any proprietary information of activeWeb to any person, other than your employees, without the prior consent of activeWeb. You shall use the best effort to see that any user of the software licensed hereunder complies with all provisions and prohibitions this agreement.
- Disclaimer of warranty
The Owner does not guarantee the following: That the software will be free from bugs, errors, or omissions, that it will perform without interruption, that the software will meet your requirements, that the operation of the software will be uninterrupted or error-free, that defects in the software will be corrected, or that new releases and/or upgrades of the software will be provided. The software, any information, codes, and/or executables provided, is supplied “as is” without warranty of any kind. To the maximum extent permitted by applicable law, the owner further disclaims all warranties either expressed or implied, including, but not limited to, the warranties of merchantability, fitness for particular purpose and noninfringement.
You accept any and all risk associated with the use or performance of the software and documentation. To the maximum extent permitted by applicable law, the owner shall not be liable for any damages whatsoever, including, but not limited to, direct, indirect, or incidental loss of business profits, special damages arising from the use (or inability to use) the software, or from errors or deficiencies in it, whether caused by damages. In no event shall the owner’s liability exceed the amount paid by you for the software.
Should your state/jurisdiction not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
- Law
This agreement shall be governed by German laws and regulations and international treaties. Legal venue shall be Darmstadt, Germany.
If you have any questions concerning this agreement, please do not hesitate to contact us at:
activeWeb GmbH
Bratustr. 7 • 64293 Darmstadt • Germany
Telephone +49 6151 668 5460 • Facsimile +49 6151 668 5466
E-Mail: info@active-web.de • Internet: www.active-web.de
Definitions:
CPU = Central Processing Unit.
FQDN = Fully Qualified Domain Name. A fully qualified domain name is that portion of an internet uniform resource locator (URL) that fully identifies the server program that an internet request is addressed to. It consists of a host and domain name, including top level domain. For example, www.active-web.de is a fully qualified domain name. “www” is the host, “active-web” is the second level domain, and “.de” is the top level domain. A FQDN always starts with a host name and continues all the way up to the top level domain name.
NFD = Not For Distribution
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