Vordel SOAPbox

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EULA

VORDEL LTD., END USER LICENSE AGREEMENT FOR VORDEL SOAPbox

IMPORTANT, READ CAREFULLY:
The following terms and conditions apply to the supply and licence of software by Vordel Limited, a company registered in Ireland under company number 315314 and having its principal trading address at 30 Pembroke Street Upper, Dublin 2, Ireland ("Vordel").

This License Agreement is a legal agreement between you (either an individual or a single entity) and Vordel for the Vordel software Program, Vordel SOAPbox which includes computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, the  "Program").

By clicking on the "Accept" button, installing, copying, downloading, accessing, or otherwise using the Program, you agree to be bound by the terms of this LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENCE AGREEMENT, CLICK ON THE "CANCEL" BUTTON AND/OR DO NOT INSTALL OR USE THE PROGRAM. YOU AGREE THAT YOUR USE OF THE PROGRAM CONSTITUTES AN ACKNOWLEDGMENT THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

This Agreement supersedes any "shrink-wrap" or other form of licence agreement, which may be packaged with the Software or incorporated into the media on which the Software is shipped.

VORDEL SOFTWARE IS COPYRIGHTED AND LICENSED (NOT SOLD). VORDEL DOES NOT SELL OR TRANSFER TITLE TO SOFTWARE TO YOU. YOUR LICENCE OF VORDEL WILL NOT COMMENCE UNTIL YOU HAVE EXECUTED THIS AGREEMENT.

1.0  LICENSE
1.1 License Grant. The Program is protected by copyright laws of the United States and international copyright treaties, as well as other intellectual property laws and treaties. Vordel hereby grants to you a limited, non-exclusive license to use the PROGRAM, subject to the terms and conditions of this License Agreement. The Program is licensed, not sold.

1.2 In consideration of your payment of the applicable fee, Vordel grants you a non exclusive, non transferable licence to use one (1) copy of the Software for one (1) year only. By annually renewing your maintenance subscription you will be entitled to use the Software annually. You may use the Software only for the internal benefit of your business.

1.3 Vordel has a license to execute the WS-Security implementation. "WS-Security" means collectively the following specifications that were submitted by Microsoft, IBM and Verisign to OASIS in June and August, 2002: (1) "Web Services Security (WS-Security)" Version 1.0, dated April 5, 2002, http://msdn.microsoft.com/library/default.asp?url=/library/en-us/dnglobspec/html/ws-security.asp; (2) "Web Services Security Addendum" Version 1.0, dated August 18, 2002, http://msdn.microsoft.com/webservices/understanding/gxa/default.aspx?pull=/library/en-us/dnglobspec/html/ws-security-addendum.asp; and (3) "WS-Security Profile for XML-based Tokens" Versions 1.0, dated August 28, 2002, http://msdn.microsoft.com/webservices/understanding/ gxa/default.aspx?pull=/library/en-us/dnglobspec/html/ws-security-xml-tokens.asp.

2.0 OTHER RIGHTS AND LIMITATIONS

2.1 Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Program, except to the extent that this restriction is expressly prohibited by law.

2.2 Separation of Components. The Program is licensed as a single product. Its component parts may not be separated for use on more than one computer.

2.3 You may not use, copy, modify, or prepare derivative works of the Software or any part thereof, except as expressly authorised in this Agreement.

2.4 Trademarks. This License Agreement does not grant you any rights in connection with any trademarks or service marks of Vordel.

2.5 Vordel may list the recipient's registered business name on the Vordel website and elsewhere as a licensee of Vordel products and a customer of Vordel.

2.6 This source code may incorporate intellectual property owned by Microsoft Corporation. Our provision of this source code does not include any licenses or any other rights to you under any Microsoft intellectual property. If you would like a license from Microsoft (e.g. rebrand, redistribute), you need to contact Microsoft directly.

2.7 You may not rent, lease, transfer, sell, sublicense, distribute or otherwise transfer rights to the Program.

3.0   COPYRIGHT

All title and intellectual property rights in and to the Program (including but not limited to any images, photographs, animations, text, incorporated into the Program), the accompanying printed materials, and any copies of the Program are owned by Vordel. All title and intellectual property rights in and to the content which may be accessed through use of the Program is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This License Agreement grants you no rights to use such content.

WS-Security Copyright notice

The presentation, distribution or other dissemination of the information contained in this specification is not a license, either expressly or impliedly, to any intellectual property owned or controlled by IBM or Microsoft or VeriSign and\or any other third party. IBM, Microsoft, VeriSign and\or any other third party may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in this document. The furnishing of this document does not give you any license to IBM's or Microsoft's or VeriSign's or any other third party's patents, trademarks, copyrights, or other intellectual property. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places, and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, places, or events is intended or should be inferred.

This specification and the information contained herein is provided on an "AS IS" basis and to the maximum extent permitted by applicable law, IBM and Microsoft and VeriSign provides the document AS IS AND WITH ALL FAULTS, and hereby disclaims all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the document. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS WITH REGARD TO THE DOCUMENT. IN NO EVENT WILL IBM OR MICROSOFT OR VERISIGN BE LIABLE TO ANY OTHER PARTY FOR THE COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, OR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, OR SPECIAL DAMAGES WHETHER UNDER CONTRACT, TORT, WARRANTY, OR OTHERWISE, ARISING IN ANY WAY OUT OF THIS OR ANY OTHER AGREEMENT RELATING TO THIS DOCUMENT, WHETHER OR NOT SUCH PARTY HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.

4.0	MAINTENANCE

4.1	Maintenance Services.  Provided that Licensee has elected to contract for (in an applicable Order Schedule) and paid the applicable Maintenance Fees, Vordel will provide Licensee with maintenance and support services New Releases and Upgrades, if and when available (collectively referred to as "Maintenance Services") for the Software to which the Maintenance Fees correspond.  Vordel will have no obligation to provide Maintenance Services beyond the end of any Maintenance Services term unless Licensee elects to obtain additional Maintenance Services by paying Vordel its current annual Maintenance renewal fee.
4.2	Effect of Cancellation of Maintenance Services.  In the event Licensee elects not to obtain or renew Maintenance Services, Licensee may not continue to use VORDEL Software and supporting Documentation and  will have no further right to Maintenance Services for the VORDEL Software.
4.3	Exclusions.  Maintenance Services do not cover hardware, operating systems, networks, or third party Software not provided to Licensee by Vordel.  Additional fees will be charged for troubleshooting such third party product at Vordel's normal and customary consulting rates.
4.4	Reinstatement of Maintenance Services.  Licensee may reinstate lapsed Maintenance Services by paying Vordel an amount equal to 120% of the lapsed Maintenance Fees applicable at that time.

5.0	LIABILITY

THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL VORDEL OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

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