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cclr-maven-plugin.3.1.0.source-code.LICENSE Maven / Gradle / Ivy

LICENSE

PLEASE READ THIS AGREEMENT ("AGREEMENT") CAREFULLY BEFORE
USING THE SOFTWARE (THE "SOFTWARE") OFFERED BY SOURCECLEAR,
INC. ("SOURCECLEAR").  BY DOWNLOADING OR USING THE SOFTWARE
IN ANY MANNER AND/OR BY CLICKING "I ACCEPT" OR "SUBMIT", YOU
("RECIPIENT") AGREE THAT YOU HAVE READ AND AGREE ON BEHALF
OF YOURSELF AND YOUR COMPANY OR ORGANIZATION TO BE BOUND BY
AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO
THE EXCLUSION OF ALL OTHER TERMS.  IF YOU ENTER INTO THIS
AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU
REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY
AND ITS AFFILIATES TO THESE TERMS AND CONDITIONS.  IF YOU DO
NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT UNCONDITIONALLY
AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU
HAVE NO RIGHT TO USE THE SOFTWARE.  USE OF THE SOFTWARE IS
EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER
TERMS.

1.  Use of Software and License. Subject to the terms of this
Agreement SourceClear grants to Recipient a
nonsublicensable, nonexclusive license to use the Software
solely in accordance with, and during the term of, this
Agreement. SourceClear shall at all times retain all title
to and ownership of the Software and all copies thereof.
Recipient shall not (and shall not allow any third party to)
reproduce or modify the Software or any portion thereof.
Recipient shall not rent, sell, lease or otherwise transfer
the Software or any part thereof or use it for the benefit
of a third party. Recipient shall not reverse assemble,
reverse compile or reverse engineer the Software, or
otherwise attempt to discover any Software source code.


SourceClear reserves the right, in its sole discretion, to
modify this Agreement at any time by posting a notice on its
website, and/or by notifying Recipient via email.  Recipient
shall be responsible for reviewing and becoming familiar
with any such modifications.  Recipient's use of the
Software following such notification constitutes Recipient's
acceptance of the terms and conditions of this Agreement as
modified.


2.  Support and Upgrades. This Agreement does not entitle
Recipient to any support, upgrades, patches, enhancements,
or fixes for the Software (collectively, "Support"). Any
such Support for the Software that may be made available by
SourceClear shall be subject to a master services agreement
or other written and mutually signed documentation between
Recipient (or Recipient's employer) and SourceClear.


3.  Indemnity.  Recipient agrees that SourceClear shall have
no liability whatsoever for any use Recipient or any third
party makes of the Software. Recipient hereby agrees to
indemnify and hold harmless SourceClear from any and all
damages, liability, costs, and expenses (including
attorney's fees) arising from claims related to Recipient's
use of the Software.


4.  Feedback. Recipient may, at its discretion, provide
feedback to SourceClear with respect to its use of the
Software ("Feedback").  Feedback may include, without
limitation, errors or difficulties discovered in the
Software and the characteristic conditions and symptoms of
the errors and difficulties. Unless specifically agreed in
writing, Feedback provided by Recipient shall not create any
confidentiality obligation for SourceClear, and SourceClear
shall be free to use, disclose, reproduce, license or
otherwise distribute, and exploit such Feedback as it sees
fit.


5.  Warranty Disclaimer.

SOURCECLEAR PROVIDES THE SOFTWARE "AS IS" WITHOUT WARRANTY
OF ANY KIND, AND SOURCECLEAR DISCLAIMS ALL WARRANTIES
RELATING TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF
THIRD-PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.


6.  Limitation of Remedies and Damages.

SOURCECLEAR SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT
TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT,
NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR LOSS OR
INACCURACY OF DATA OR (EXCEPT FOR RETURN OF AMOUNTS, IF ANY,
PAID TO SOURCECLEAR HEREUNDER) COST OF PROCUREMENT OF
SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) FOR ANY
INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT
NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS.
SOURCECLEAR SHALL NOT BE RESPONSIBLE FOR ANY MATTER BEYOND
ITS REASONABLE CONTROL.


7.  Nonassignability. Although fully assignable and
transferable by SourceClear, neither the rights nor the
obligations arising under this Agreement are assignable or
transferable by Recipient, and any such attempted assignment
or transfer shall be void and without effect.


8.  Effective Date, Controlling Law, Attorneys' Fees and
Severability. This Agreement shall become effective only
upon Recipient's clicking the "I Accept" or "Submit" button
(as applicable) or Recipient's download or first use of the
Software, whichever is earlier, and it shall be governed by
and construed in accordance with the laws of the State of
California without regard to the conflicts of laws
provisions therein. In any action to enforce this Agreement
the prevailing party will be entitled to costs and
attorneys' fees. In the event that any of the provisions of
this Agreement shall be held by a court or other tribunal of
competent jurisdiction to be unenforceable, such provisions
shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in
full force and effect and enforceable.


9.  Entire Agreement. This Agreement, together with any
agreement, policy or guideline referenced in this Agreement
(including without limitation any master services agreement
between Recipient (or Recipient's employer) and
SourceClear), constitutes the complete and exclusive
statement of all mutual understandings between the parties
with respect to the subject matter hereof and the Software,
superseding all prior or contemporaneous proposals,
communications and understandings, oral or written. To the
extent there is any conflict between this Agreement and such
mutually executed master services agreement, the master
services agreement shall prevail. Except as expressly
provided herein, any modifications of this Agreement must be
in writing and signed by both parties.


10. Termination. This Agreement may be terminated by
SourceClear for any reason or no reason upon five (5) days'
written notice to the Recipient, or immediately upon notice
of any breach by Recipient of the provisions of this
Agreement. Upon termination, the license granted hereunder
will terminate and Recipient shall immediately destroy any
and all documents, notes and other materials regarding the
Software (including any physical copies made thereof), and
an officer of Recipient shall certify the same to
SourceClear upon SourceClear' request; otherwise, the other
terms of this Agreement will remain in effect.


11. Export Controls. Recipient shall comply with all
export laws and restrictions and regulations of the
Department of Commerce, the United States Department of
Treasury Office of Foreign Assets Control ("OFAC"), or other
United States or foreign agency or authority, and not to
export, or allow the export or re-export of the Software in
violation of any such restrictions, laws or regulations. By
downloading or using the Software, Recipient agrees to the
foregoing and Recipient represents and warrants that
Recipient is not located in, under the control of, or a
national or resident of any restricted country or on any
such list.


12. Basis of Bargain. EACH PARTY RECOGNIZES AND AGREES THAT
THE WARRANTY DISCLAIMERS AND LIABILITY AND REMEDY
LIMITATIONS IN THIS AGREEMENT ARE MATERIAL, BARGAINED FOR
BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO
ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE
GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION
BY EACH PARTY TO ENTER INTO THIS AGREEMENT.