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Shippysoft Source Available License (SSSAL) [2009] PubRL 54 (1 January 2009)

Shippysoft Source Available License (SSSAL)

Version: No

Copyright: No

URL: http://www.shippysoft.com/license.shtml

Type: Software

Media: Software

Country: USA

Licence text

This is a CONTRACT between you (either an individual or a single entity) and

ShippySoft, which covers your use of "[PRODUCTNAME]" and related software

components. All such software is referred to herein as the "Software

Product." A software license and a product key or serial number ("Software

Product License"), issued to a designated user only by ShippySoft or its

authorized agents, is required for each user of the Software Product. If you

do not agree to the terms of this EULA, then do not install or use the

Software Product or the Software Product License. By explicitly accepting

this End-User License Agreement (EULA) you are acknowledging and agreeing

to be bound by the following terms:

1. EVALUATION LICENSE WARNING

This Software Product can be used in conjunction with a free evaluation

Software Product License. If you are using such an evaluation Software

Product License, you may use the Software Product only to evaluate its

suitability for purchase. Evaluation Software has been limited in some way

either through timeouts, disabled save or restricted use. ShippySoft

BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED

USE AFTER EXPIRATION) OF THE SOFTWARE PRODUCT AND HAS NO DUTY TO PROVIDE

ANY SUPPORT BEFORE OR AFTER THE EXPIRATION DATE OF AN EVALUATION LICENSE.

2. GRANT OF NON-EXCLUSIVE LICENSE

ShippySoft grants the non-exclusive, non-transferable right for a

single user or household to use this Software Product. Each additional

user or household of the Software Product requires an additional Software

Product License. A household is defined as you, your spouse, and any

dependents living within your residence.

When the source code is provided with the Software Product, ShippySoft

grants you the right to modify, alter, improve, or enhance the Software

Product without limitation, except as described in this EULA.

Although rights to modification of the Software Product are granted by

this EULA, you may not tamper with, alter, or use the Software Product

in a way that disables, circumvents, or otherwise defeats its built-in

licensing verification and enforcement capabilities. The right to

modification of the Software Product also does not include the right

to remove or alter any trademark, logo, copyright or other proprietary

notice, legend, symbol or label in the Software Product.

Any modifications made to the Software Product will render it

non-supportable by ShippySoft. You may, at your discretion, submit

changes back to ShippySoft and if they are incorporated into the

Software Product then the changes will become supported by ShippySoft

and ownership of the patch is transferred to ShippySoft. You may

not distribute or redistribute changes made to the Software Product to

anyone other than ShippySoft.

Although the source code for the Software Product may be included, you may

not share, use, or reuse the knowledge or technologies in other applications

without explicit approval from ShippySoft.

You may make copies of the Software Product as is reasonably necessary for

its use. Each copy must reproduce all copyright and other proprietary

rights notices on or in the Software Product.

You may install each Software Product License on a single computer

system. A second installation of the same Software Product License may

be made on one other computer system, so long as both copies of the same

Software Product License never come into concurrent use. You may also make

copies of the Software Product License as necessary for backup and/or

archival purposes. Backup and archival copies may not come into active

use with the Software Product for any purpose. No other copies may be made.

Each copy must reproduce all copyright and other proprietary rights notices

on or in the Software Product License. You may not modify or create

derivative copies of the Software Product License.

All rights not expressly granted to you are retained by ShippySoft.

3. INTELLECTUAL PROPERTY RIGHTS RESERVED BY SHIPPYSOFT

The Software Product is owned by ShippySoft and is protected by United

States and international copyright laws and treaties, as well as other

intellectual property laws and treaties. You must not remove or alter

any copyright notices on any copies of the Software Product. This

Software Product copy is licensed, not sold. You may not use, copy,

or distribute the Software Product, except as granted by this EULA,

without written authorization from ShippySoft or its designated

agents. Furthermore, this EULA does not grant you any rights in connection

with any trademarks or service marks of ShippySoft. ShippySoft

reserves all intellectual property rights, including copyrights, and

trademark rights.

4. NO RIGHT TO TRANSFER

You may not rent, lease, lend, or in any way distribute or transfer any

rights in this EULA or the Software Product to third parties without

ShippySoft's written approval, and subject to written agreement

by the recipient of the terms of this EULA.

5. INDEMNIFICATION

You hereby agree to indemnify ShippySoft against and hold harmless

ShippySoft from any claims, lawsuits or other losses that arise out

of your breach of any provision of this EULA.

6. THIRD PARTY RIGHTS

Any software provided along with the Software Product that is associated

with a separate license agreement is licensed to you under the terms of

that license agreement. This license does not apply to those portions of

the Software Product. Copies of these third party licenses are included

in all copies of the Software Product.

7. SUPPORT SERVICES

ShippySoft may provide you with support services related to the

Software Product. Use of any such support services is governed by

ShippySoft policies and programs described in online documentation

and/or other ShippySoft-provided materials.

As part of these support services, ShippySoft may make available

bug lists, planned feature lists, and other supplemental

informational materials. ShippySoft MAKES NO WARRANTY OF ANY KIND

FOR THESE MATERIALS AND ASSUMES NO LIABILITY WHATSOEVER FOR

DAMAGES RESULTING FROM ANY USE OF THESE MATERIALS. FURTHERMORE, YOU

MAY NOT USE ANY MATERIALS PROVIDED IN THIS WAY TO SUPPORT ANY CLAIM MADE

AGAINST ShippySoft.

Any supplemental software code or related materials that ShippySoft

provides to you as part of the support services, in periodic updates

to the Software Product or otherwise, is to be considered part of the

Software Product and is subject to the terms and conditions of this EULA.

With respect to any technical information you provide to ShippySoft

as part of the support services, ShippySoft may use such information

for its business purposes without restriction, including product support

and development. ShippySoft will not use such technical information

in a form that personally identifies you without first obtaining your

permission.

9. TERMINATION WITHOUT PREJUDICE TO ANY OTHER RIGHTS

ShippySoft may terminate this EULA if you fail to comply with

any term or condition of this EULA. In such event, you must destroy all

copies of the Software Product and Software Product Licenses.

10. U.S. GOVERNMENT USE

If the Software Product is licensed under a U.S. Government contract, you

acknowledge that the software and related documentation are "commercial

items," as defined in 48 C.F.R 2.01, consisting of "commercial computer

software" and "commercial computer software documentation," as such

terms are used in 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1. You

also acknowledge that the software is "commercial computer software"

as defined in 48 C.F.R. 252.227-7014(a)(1). U.S. Government agencies

and entities and others acquiring under a U.S. Government contract shall

have only those rights, and shall be subject to all restrictions, set

forth in this EULA. Contractor/manufacturer is ShippySoft,

17751 NE 90th St. #C218, Redmond, WA 98052, USA.

11. EXPORT RESTRICTIONS

You will not download, export, or re-export the Software Product, any part

thereof, or any software, tool, process, or service that is the direct

product of the Software Product, to any country, person, or entity --

even to foreign units of your own company -- if such a transfer is in

violation of U.S. export restrictions.

12. NO WARRANTIES

YOU ACCEPT THE SOFTWARE PRODUCT AND SOFTWARE PRODUCT LICENSE "AS IS,"

AND SHIPPYSOFT AND ITS THIRD PARTY SUPPLIERS AND LICENSORS MAKE NO

WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, SHIPPYSOFT AND ITS THIRD PARTY SUPPLIERS AND

LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS,

EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO,

IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY,

FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE

RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS

WITH YOU.

13. LIMITATION OF LIABILITY

THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY

APPLICABLE LAW. IN NO EVENT SHALL SHIPPYSOFT OR ITS THIRD PARTY SUPPLIERS

AND LICENSORS BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES,

OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES

WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS

PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING

OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT

OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF SHIPPYSOFT HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, SHIPPYSOFT'S,

AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS', ENTIRE LIABILITY ARISING

OUT OF THIS EULA SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY

PAID BY YOU FOR THE SOFTWARE PRODUCT OR THE PRODUCT LIST PRICE; PROVIDED,

HOWEVER, THAT IF YOU HAVE ENTERED INTO A SHIPPYSOFT SUPPORT SERVICES

AGREEMENT, SHIPPYSOFT'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES

SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.

14. HIGH RISK ACTIVITIES

The Software Product is not fault-tolerant and is not designed,

manufactured or intended for use or resale as on-line control equipment

in hazardous environments requiring fail-safe performance, such as in the

operation of nuclear facilities, aircraft navigation or communication

systems, air traffic control, direct life support machines, or weapons

systems, in which the failure of the Software Product, or any software,

tool, process, or service that was developed using the Software Product,

could lead directly to death, personal injury, or severe physical

or environmental damage ("High Risk Activities"). Accordingly,

ShippySoft and its suppliers and licensors specifically disclaim

any express or implied warranty of fitness for High Risk Activities. You

agree that ShippySoft and its suppliers and licensors will not

be liable for any claims or damages arising from the use of the Software

Product, or any software, tool, process, or service that was developed

using the Software Product, in such applications.

15. GOVERNING LAW; ENTIRE AGREEMENT; DISPUTE RESOLUTION

This EULA is governed by the laws of the State of New Mexico,

U.S.A., excluding the application of any conflict of law rules. The

United Nations Convention on Contracts for the International Sale of

Goods shall not apply.

This EULA is the entire agreement between ShippySoft and you,

and supersedes any other communications or advertising with respect to

the Software Product. This EULA may be modified only by written agreement

signed by authorized representatives of you and ShippySoft.

Unless otherwise agreed in writing, all disputes relating to this EULA

(except any dispute relating to intellectual property rights) shall

be subject to final and binding arbitration in the State of New Mexico,

in accordance with the Licensing Agreement Arbitration Rules of the

American Arbitration Association, with the losing party paying all

costs of arbitration. Arbitration must be by a member of the American

Arbitration Association. If any dispute arises under this EULA, the

prevailing party shall be reimbursed by the other party for any and all

legal fees and costs associated therewith.

16. GENERAL

If any provision of this EULA is held invalid, the remainder of this

EULA shall continue in full force and effect.

A waiver by either party of any term or condition of this EULA or

any breach thereof, in any one instance, shall not waive such term or

condition or any subsequent breach thereof.

17. OUTSIDE THE U.S.

If you are located outside the U.S., then the provisions of this

Section shall apply. The parties confirm that this EULA and all related

documentation is and will be in the English language. You are responsible

for complying with any local laws in your jurisdiction which might

impact your right to import, export or use the Software Product, and you

represent that you have complied with any regulations or registration

procedures required by applicable law to make this license enforceable.

18. TRADEMARKS

The following are trademarks or registered trademarks of ShippySoft:

ShippySoft and Discover-a-Dish.

19. CONTACT INFORMATION

If you have any questions about this EULA, or if you want to contact

ShippySoft for any reason, please direct all correspondence to:

ShippySoft, 17751 NE 90th St. #C218, Redmond, WA 98052, United States

of America or send email to sales@shippysoft.com.