This page describes 2 license agreements, the 'STARTER EDITION LICENSE AGREEMENT' and 'COMMUNITY EDITION LICENSE AGREEMENT'. By agreeing, you are accepting the terms of both licenses.
JACKBE CORPORATION STARTER EDITION LICENSE AGREEMENT
JackBe's Presto Starter Edition can be downloaded by members of the Mashup Developer Community at any time. The Starter Edition includes a 5-user production ready license that allows you to deploy Presto in a production environment per the terms described in the Starter Edition License found here. Please refer to this link for the entire copy of the Starter Edition License.
JACKBE CORPORATION PRESTO COMMUNITY EDITION LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: BY ACCESSING AND USING THE PRESTO COMMUNITY EDITION SOFTWARE (the “SOFTWARE”) AND ANY PRINTED OR ELECTRONIC USER MANUALS OR GUIDES OR INSTRUCTIONS REGARDING USE OF THE SOFTWARE (THE “DOCUMENTATION”), YOU (ON BEHALF OF YOURSELF OR AS AN AUTHORIZED REPRESENTATIVE ON BEHALF OF AN ENTITY) AGREE TO ALL THE TERMS OF THIS JACKBE CORPORATION PRESTO COMMUNITY ADDITION LICENSE AGREEMENT (THE “LICENSE”) REGARDING YOUR USE OF THE SOFTWARE AND DOCUMENTATION. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU MUST ACCESS OR USE THE SOFTWARE OR THE DOCUMENTATION.
1. Term and Termination. This License is effective as of the date you review the JackBe Corporation Presto Community Edition License Agreement (“Agreement”) and click on the “I agree” button or link and will continue until terminated (“Term”). You may terminate this License at any time by ceasing use of the Software any Documentation. This License will terminate immediately without notice from JackBe if you fail to comply with any provision of this License or if explicitly revoked via notice at [http://www.jackbe.com/enterprise-mashup]. Upon termination or expiration of this License, you may not access or otherwise use the Software. Except for Section 2 (“License”), all Sections of this License shall survive termination. You may enter into this License only once.
2. License. During the Term and subject to the terms and conditions of this License, JackBe Corporation (“JackBe”) grants to you a personal, non-transferable, non-exclusive, limited license to (i) access and use the JackBe Software as provided and maintained by JackBe and any related Documentation for internal use and Non-Production Use only; and (iii) use the forum support materials available at [http://www.jackbe.com/enterprise-mashup]. This License is your proof of license to exercise the rights granted herein and must be retained by you. “Non-Production Use" means you may use the Software for evaluation and testing only, and may not use the Software in any live production environments, nor may you, your employer, or any customer(s) realize any monetary or business value through the use of the Software.
3. Third-Party Software. The Software includes certain “Third-Party Software” which JackBe licenses from third parties which is subject to other terms and is not included in the definition of Software. You may view the relevant licenses for such Third-Party Software by visiting [http://www.jackbe.com/enterprise-mashup/third-party-licenses]. The Third-Party Software is subject to the terms of such licenses and Section 3 (“Third-Party Software”), Section 5 (“Warranty Disclaimer”) and Section 6 (“Limitation of Liability”) of this Agreement. If applicable, you agree to comply with terms and conditions contained in all such Third-Party Software licenses.
4. License Restrictions. This License does not permit you or any third party to: (i) modify, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of all or any portion of the Software (except to the extent that this restriction is expressly prohibited by law); (ii) modify, translate or create derivative works of all or any portion of the Software; (iii) copy the Software onto any public or distributed network, sublicense, rent, lease, sell, offer to sell, distribute, or otherwise transfer rights to the Software; (iv) transfer or export any product, process, or service that is the direct product of the Software. (v) remove any proprietary markings, copyright, notices, logos, trademarks, trade names or labels on the Software and/or Documentation; (vi) use the Software on any computer not controlled by you; (vii) use the embedded database software as a general SQL server, as stand-alone database or with applications other than the Software; (viii) use the Software to create any applications for development or evaluation for a fee charged to a third party; (ix) upload any data or information to which you do not have authority to use or upload; (x) use the Software in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality; (xi) use the Software to operate nuclear facilities, life support, or other mission critical application where human life or property may be at stake; or (xii) use the Software in a product or service that competes with products or services offered by JackBe. Except as expressly set forth in Section 2, no licenses of any kind are granted hereunder, whether by implication, estoppel or otherwise. If you make any modifications or derivative works to the Software, you hereby assign and agree to assign to JackBe all right, title and interest in and to such modifications and/or derivative works.
5. Representation; Disclaimers. You represent and warrant to JackBe that you have express authority, approval, license, and any rights necessary to use, reproduce, copy, display, upload, transmit, disclose and otherwise distribute any and all data and information (“Data”) to JackBe in the manner contemplated by this Agreement and the Software, and that use of the Data by JackBe via the Software shall not violate the rights of any third party (e.g., copyright, patent, trademark, or other proprietary right of any person or entity), or any applicable regulation or law, including but not limited to any export, re-export, or import laws and the laws of any country in which your Data is made available. You acknowledge that such uploading and transmitting of Data to JackBe is at your own risk. You also acknowledge that the processing of Data by the Software requires that JackBe store any Data that you upload. NOTWITHSTANDING ANY OTHER COMMUNICATION OR STATEMENT MADE BY JACKBE OR ANY EMPLOYEE, CONTRACTOR, OR AGENT OF JACKBE, JACKBE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO, AND YOU ASSUME ALL RISK RELATED TO, THE SECURITY OF ANY DATA THAT YOU UPLOAD TO JACKBE.
NEITHER JACKBE NOR ITS LICENSORS MAKE ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. JACKBE PROVIDES YOU ACCESS TO THE SOFTWARE ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND MAKES NO WARRANTIES THAT THE SOFTWARE WILL RUN WITHOUT ERROR, MEET ANY OF YOUR NEEDS OR REQUIREMENTS, OR THAT THE SOFTWARE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR FOR ANY TIME PERIOD. FURTHER, JACKBE EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR THE USE OF OR ACCESS TO ANY DATA THAT YOU MAY MAKE ACCESSIBLE TO, OR UPLOAD FOR PROCESSING BY, THE SOFTWARE. JACKBE IS NOT RESPONSIBLE AND HEREBY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY RESULTS OR OUTPUT OF THE SOFTWARE BASED ON ANY DATA THAT YOU INPUT FOR PROCESSING BY THE SOFTWARE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ANY USE OF ANY RESULTS OR OUTPUT BASED ON THE DATA THAT YOU INPUT INTO THE SOFTWARE IS AT YOUR OWN RISK AND YOU EXPRESSLY ASSUME SUCH RISK. ALL IMPLIED WARRANTIES AS TO THE SATISFACTORY QUALITY, PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. NEITHER JACKBE NOR ITS LICENSORS WARRANT THAT THE SOFTWARE OR THE THIRD-PARTY SOFTWARE IS ERROR-FREE OR THAT USE OF THE SOFTWARE WILL BE UNINTERRUPTED. JACKBE IS NOT OBLIGATED TO UPDATE THE SOFTWARE BUT MAY ELECT TO UPDATE THE SOFTWARE IN ITS SOLE DISCRETION. YOU ACKNOWLEDGE THAT IN USING THE SOFTWARE, DATA WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER JACKBE’S CONTROL. JACKBE MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF ANY SUCH THIRD PARTY INFRASTRUCTURES.
6. Limitation Of Liability. NEITHER JACKBE NOR ITS LICENSORS SHALL BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR INDIRECT DAMAGES, RELATED TO THIS LICENSE, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, OR DAMAGES ARISING FROM LOSS OF USE, LOSS OF CONTENT OR LOSS OF DATA, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH DAMAGES MAY BE BASED, AND EVEN IF JACKBE OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH IN THIS LICENSE FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL JACKBE’S AGGREGATE LIABILITY UNDER THIS LICENSE EXCEED ONE HUNDRED DOLLARS ($100.00). ADDITIONALLY, IN NO EVENT SHALL JACKBE’S LICENSORS BE LIABLE FOR ANY DAMAGES UNDER THIS LICENSE.
7. Release and Waiver. To the maximum extent permitted by applicable law, you hereby release and waive all claims against JackBe, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising from or in any way related to your use of the Software or JackBe’s use or storage of Data. You expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
8. Hold Harmless and Indemnity. To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify JackBe and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third party claim arising from or in any way related to your use of the Software or Jackbe’s use or storage of Data, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. JackBe shall use good faith efforts to provide you with written notice of such claim, suit or action.
9. Intellectual Property Rights. All rights, title and interest, in and to intellectual property embodied in the Software and any improved, updated, modified or additional parts thereof, shall at all times remain the property of JackBe or its licensors. The Software is protected by United States copyright laws and international treaty provisions. You may not remove the copyright notice from the Software or the Documentation. Nothing herein shall give or be deemed to give you any right, title or interest in or to the same except as expressly provided in this License. JackBe reserves all rights not expressly granted in this License.
10. Maintenance and Support. During the Term, JackBe is not obligated to provide you with any maintenance or support on the use of the Software, except that you will have access to the forum materials available at [http://www.jackbe.com/enterprise-mashup].
11. U.S. Government End Users. The Software under this License is "commercial computer software" as that term is described in DFAR 252.227-7014(a)(1). If acquired by or on behalf of a civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms and this License as specified in 48C.F.R. 12.212 (Computer Software) and 12.11 (Technical Data) of the Federal Acquisition Regulations (“FAR”) and its successors. If acquired by or on behalf of any agency within the Department of Defense (“DOD”), the U.S. Government acquires this commercial computer software and/or commercial computer software documentation subject to the terms of this License as specified in 48 C.F.R. 227.7202 of the DOD FAR Supplement and its successors.
12. General. This License will be governed by and construed in accordance with the laws of the State of Maryland and the federal U.S. laws applicable therein, excluding its conflicts of law provisions, and you and JackBe agree to submit to the personal and exclusive jurisdiction of the courts located in Montgomery County, Maryland. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor UCITA will apply to this License. The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself. If any provision of this License is found void and unenforceable, it will be replaced to the extent possible with a provision that comes closest to the meaning of the original provision. In the event of any conflict between the terms and conditions of this License and the terms and conditions of any license agreements appearing with or in the software products comprising the Software, this License shall prevail. This Agreement, and the documents referenced in this Agreement, constitute the entire agreement between you and JackBe relating to its subject matter and all terms herein and supersede all prior or contemporaneous agreements or understandings. JackBe may amend the terms of this Agreement from time to time. When these changes are made, JackBe will make a new copy of the Agreement available at [http://www.jackbe.com/enterprise-mashup/licenseagreements]. You understand and agree that if you use the Software after the date on which the Agreement has changed, JackBe will treat your access to or use of the Software as acceptance of the updated Agreement.
