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End-User license agreement for IM Sequencer
This end-user software license agreement is a legal agreement ("Agreement") between you ("Licensee") and Traxion Services B.V. ("Traxion"), which is the owner of the IM Sequencer ("Software"). This Agreement specifies the terms and conditions under which Licensee may use the Software.
PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE.
'Documentation' means the user documentation, in whatever form available, supplied by Traxion with the Software.
'Licensee' means a person or entity that is granted permission through a license to access or otherwise use the Software.
'Outsourcee' means a third party engaged by a Licensee in data processing, consulting, or internal information management at locations designated by Licensee or Outsourcee.
'Upgrades' means any updates, releases, or enhancements that may be provided within the scope of support services.
Scope of Use
License Restrictions. Except as expressly permitted by this Agreement, Licensee may not: (i) lease, loan, resell, sublicense or otherwise distribute the Software; (ii) use the Software for the benefit of any third party, including without limitation, operation in a timesharing arrangement or in a service bureau; (iii) use the Software to develop products competitive with the Software; (iv) permit third-parties access to, or use of, the Software, except as expressly set forth herein; (v) distribute or publish source code(s) of the Software; or (vi) use unauthorized source code(s). Licensee shall notify Traxion if he/she becomes aware of any unauthorized third party access to or use of the Software.
Outsourcees. If Licensee is contracted with an Outsourcee, Licensee may permit the Outsourcee to access and use the Software provided that: (i) the Outsourcee complies with the terms of this Agreement and accesses and uses the Software solely for purposes of rendering services to Licensee; and (ii) the total number of licenses used by Licensee and Outsourcee do not exceed the number of licenses ordered. Licensee shall ensure that the Outsourcee is informed about and observes the terms and conditions of this Agreement. Upon completion of Licensee's services by the Outsourcee, Licensee shall certify in writing that the Outsourcee has uninstalled and destroyed all copies of Software within thirty (30) days after such completion of services.
Duplication of Software. The number of Software copies made by Licensee shall not exceed the number of licensed copies ordered plus a reasonable number of archival copies for inactive backup purposes. All Software copyright, trademark, patent, and related proprietary notices incorporated in or fixed to the Software shall be duplicated by Licensee on all copies or extracts thereof and shall not be altered, removed, or obliterated.
If the Software and the related documentation are provided as an upgrade to an earlier licensed release of the Software, then you must have a valid license to operate such earlier release of the same version and edition as the upgrade to install or use the upgrade. All software being upgraded is deemed to be a part of the Software and is subject to this Agreement.
Term and Termination
The license granted for the Software will continue until it is terminated. Traxion may terminate any license granted herein if Licensee fail to comply with the terms of this Agreement. Upon the termination of a license for any reason, Licensee must promptly return to Traxion or destroy all copies of the Software and related documentation covered by the license.
Trademarks and Intellectual Property
Software is the intellectual property of Traxion.
No Additional Rights or Licenses. You acknowledge and agree that except for the rights granted in this Agreement, all other rights, and all title and interest in and to the Software (as an independent work and as an underlying work serving as a basis for any application you may develop) and related documentation remain the sole and exclusive property of Traxion, and that you will not derive or assert any title or interest in or to the Software or related documentation. Without limiting the generality of the foregoing, you do not receive any rights to any patents, copyrights, trademarks to the Software or related documentation. This Agreement does not authorize you to use Traxion's name or any of its trademarks.
Traxion PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE SOFTWARE. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS".
You acknowledge that due to the complexity of the Software, it is possible that use of the Software could lead to the unintentional loss or corruption of data. You assume all risks of such data loss or corruption; the warranties provided in this Agreement do not cover any damages or losses resulting from data loss or corruption.
Limitation on Liability
Traxion assumes no liability or responsibility for any damages resulting from altering the Software in any way, its misuse, accidents, abuse, misapplication, use of third party software that may conflict with the Software as well as use of the Software with other than a recommended hardware configuration.
IN NO CASE SHALL TRAXION BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER LEGAL THEORY. THIS IS TRUE EVEN IF TRAXION IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement is the complete agreement between you and Traxion concerning the Software and related documentation. The failure or delay of Traxion to exercise any of its rights under this Agreement or upon any breach of this Agreement shall not be deemed a waiver of those rights or of the breach.