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LICENSE SUMMARY
===============
License terms can be found at the bottom of this file.
BSD 3
LGPL 2.0
MIT
OpenSSL
Solace
Zlib
THIRD-PARTY SOFTWARE USED
=========================
Judy-1.0.4.tar.gz
-----------------
Licensed under LGPL 2.0
License terms can be found at: http://judy.sourceforge.net/
Copyright 2004 Doug Baskins
c-ares-1.13.0.tar.gz
--------------------
Licensed under MIT
License terms can be found at: https://github.com/c-ares/c-ares
Copyright 2007-2018 Daniel Stenberg with many contributors
Copyright 1998 by the Massachusetts Institute of Technology
getopt_long.c.tar.gz
--------------------
Licensed under BSD 3
License terms can be found at: From source file header.
Copyright 1996 The Regents of the University of California
msinttypes-r21
--------------
Licensed under BSD 3
License terms can be found at: https://code.google.com/archive/p/msinttypes/
Copyright 2008 Alexander Chemeris
Home page: https://code.google.com/archive/p/msinttypes/
openssl-1.1.1.tar.gz
--------------------
Licensed under OpenSSL
License terms can be found at: https://www.openssl.org/source/license.html
Copyright 2018 OpenSSL Software Foundation
zlib-1.2.11.tar.gz
------------------
Licensed under Zlib
License terms can be found at: http://www.zlib.net/
Copyright 2017 Jean-loup Gailly and Mark Adler
LICENSE REQUIREMENTS & SPECIFICATIONS
======================================
BSD 3
-----
Copyright (c) {{YEAR}}, {{OWNER}}
All rights reserved.
Redistribution and use in source and binary forms, with or without modification, are permitted
provided that the following conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and
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and the following disclaimer in the documentation and/or other materials provided with the
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Neither the name of {{the ORGANIZATION nor the names of its contributors}} may be used to endorse
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THIS SOFTWARE IS PROVIDED BY {{THE COPYRIGHT HOLDERS AND CONTRIBUTORS}} "AS IS" AND ANY EXPRESS OR
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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,
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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.
LGPL 2.0
--------
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It is not the purpose of this section to induce you to infringe any patents or other property right
claims or to contest validity of any such claims; this section has the sole purpose of protecting
the integrity of the free software distribution system which is implemented by public license
practices. Many people have made generous contributions to the wide range of software distributed
through that system in reliance on consistent application of that system; it is up to the
author/donor to decide if he or she is willing to distribute software through any other system and
a licensee cannot impose that choice.
This section is intended to make thoroughly clear what is believed to be a consequence of the rest
of this License.
12. If the distribution and/or use of the Library is restricted in certain countries either by
patents or by copyrighted interfaces, the original copyright holder who places the Library under
this License may add an explicit geographical distribution limitation excluding those countries, so
that distribution is permitted only in or among countries not thus excluded. In such case, this
License incorporates the limitation as if written in the body of this License.
13. The Free Software Foundation may publish revised and/or new versions of the Library General
Public License from time to time. Such new versions will be similar in spirit to the present
version, but may differ in detail to address new problems or concerns.
Each version is given a distinguishing version number. If the Library specifies a version number of
this License which applies to it and "any later version", you have the option of following the
terms and conditions either of that version or of any later version published by the Free Software
Foundation. If the Library does not specify a license version number, you may choose any version
ever published by the Free Software Foundation.
14. If you wish to incorporate parts of the Library into other free programs whose distribution
conditions are incompatible with these, write to the author to ask for permission. For software
which is copyrighted by the Free Software Foundation, write to the Free Software Foundation; we
sometimes make exceptions for this. Our decision will be guided by the two goals of preserving the
free status of all derivatives of our free software and of promoting the sharing and reuse of
software generally.
NO WARRANTY
15. BECAUSE THE LIBRARY IS LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE LIBRARY, TO THE
EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS
AND/OR OTHER PARTIES PROVIDE THE LIBRARY "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LIBRARY IS WITH YOU.
SHOULD THE LIBRARY PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
16. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT
HOLDER, OR ANY OTHER PARTY WHO MAY MODIFY AND/OR REDISTRIBUTE THE LIBRARY AS PERMITTED ABOVE, BE
LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES
ARISING OUT OF THE USE OR INABILITY TO USE THE LIBRARY (INCLUDING BUT NOT LIMITED TO LOSS OF DATA
OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE
LIBRARY TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
END OF TERMS AND CONDITIONS
How to Apply These Terms to Your New Libraries
If you develop a new library, and you want it to be of the greatest possible use to the public, we
recommend making it free software that everyone can redistribute and change. You can do so by
permitting redistribution under these terms (or, alternatively, under the terms of the ordinary
General Public License).
To apply these terms, attach the following notices to the library. It is safest to attach them to
the start of each source file to most effectively convey the exclusion of warranty; and each file
should have at least the "copyright" line and a pointer to where the full notice is found.
one line to give the library's name and an idea of what it does.
Copyright (C) year name of author
This library is free software; you can redistribute it and/or
modify it under the terms of the GNU Library General Public
License as published by the Free Software Foundation; either
version 2 of the License, or (at your option) any later version.
This library is distributed in the hope that it will be useful,
but WITHOUT ANY WARRANTY; without even the implied warranty of
MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU
Library General Public License for more details.
You should have received a copy of the GNU Library General Public
License along with this library; if not, write to the
Free Software Foundation, Inc., 51 Franklin St, Fifth Floor,
Boston, MA 02110-1301, USA.
Also add information on how to contact you by electronic and paper mail.
You should also get your employer (if you work as a programmer) or your school, if any, to sign a
"copyright disclaimer" for the library, if necessary. Here is a sample; alter the names:
Yoyodyne, Inc., hereby disclaims all copyright interest in
the library `Frob' (a library for tweaking knobs) written
by James Random Hacker.
signature of Ty Coon, 1 April 1990
Ty Coon, President of Vice
That's all there is to it!
MIT
---
MIT License
Copyright (c) <year> <copyright holders>
Permission is hereby granted, free of charge, to any person obtaining a copy of this software and
associated documentation files (the "Software"), to deal in the Software without restriction,
including without limitation the rights to use, copy, modify, merge, publish, distribute,
sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is
furnished to do so, subject to the following conditions:
The above copyright notice and this permission notice shall be included in all copies or
substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE
AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER
LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM,
OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN
THE SOFTWARE.
OpenSSL
-------
OpenSSL License
====================================================================
Copyright (c) 1998-2008 The OpenSSL Project. All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the above copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in
the documentation and/or other materials provided with the
distribution.
3. All advertising materials mentioning features or use of this
software must display the following acknowledgment:
"This product includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit. (http://www.openssl.org/)"
4. The names "OpenSSL Toolkit" and "OpenSSL Project" must not be used to
endorse or promote products derived from this software without
prior written permission. For written permission, please contact
openssl-core@openssl.org.
5. Products derived from this software may not be called "OpenSSL"
nor may "OpenSSL" appear in their names without prior written
permission of the OpenSSL Project.
6. Redistributions of any form whatsoever must retain the following
acknowledgment:
"This product includes software developed by the OpenSSL Project
for use in the OpenSSL Toolkit (http://www.openssl.org/)"
THIS SOFTWARE IS PROVIDED BY THE OpenSSL PROJECT ``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 THE OpenSSL PROJECT 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.
====================================================================
This product includes cryptographic software written by Eric Young
(eay@cryptsoft.com). This product includes software written by Tim
Hudson (tjh@cryptsoft.com).
Original SSLeay License
-----------------------
Copyright (C) 1995-1998 Eric Young (eay@cryptsoft.com)
All rights reserved.
This package is an SSL implementation written
by Eric Young (eay@cryptsoft.com).
The implementation was written so as to conform with Netscapes SSL.
This library is free for commercial and non-commercial use as long as
the following conditions are aheared to. The following conditions
apply to all code found in this distribution, be it the RC4, RSA,
lhash, DES, etc., code; not just the SSL code. The SSL documentation
included with this distribution is covered by the same copyright terms
except that the holder is Tim Hudson (tjh@cryptsoft.com).
Copyright remains Eric Young's, and as such any Copyright notices in
the code are not to be removed.
If this package is used in a product, Eric Young should be given attribution
as the author of the parts of the library used.
This can be in the form of a textual message at program startup or
in documentation (online or textual) provided with the package.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions
are met:
1. Redistributions of source code must retain the copyright
notice, this list of conditions and the following disclaimer.
2. Redistributions in binary form must reproduce the above copyright
notice, this list of conditions and the following disclaimer in the
documentation and/or other materials provided with the distribution.
3. All advertising materials mentioning features or use of this software
must display the following acknowledgement:
"This product includes cryptographic software written by
Eric Young (eay@cryptsoft.com)"
The word 'cryptographic' can be left out if the rouines from the library
being used are not cryptographic related :-).
4. If you include any Windows specific code (or a derivative thereof) from
the apps directory (application code) you must include an acknowledgement:
"This product includes software written by Tim Hudson (tjh@cryptsoft.com)"
THIS SOFTWARE IS PROVIDED BY ERIC YOUNG ``AS IS'' AND ANY EXPRESS 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 THE AUTHOR OR 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.
The licence and distribution terms for any publically available version or derivative of this
code cannot be changed. i.e. this code cannot simply be copied and put under another distribution
licence
[including the GNU Public Licence.]
Solace
------
Version: 04/01/2020
SOLACE CORPORATION
LICENCE AGREEMENT FOR SOLACE SOFTWARE
THIS LICENCE AGREEMENT and any documents expressly referred to in this
agreement (the "Agreement") between SOLACE CORPORATION, a company
incorporated under the laws of the Province of Ontario ("SOLACE") and
licensee, the party identified in the Order (as defined below) or that
otherwise accepts this Agreement (the "Licensee") (together the "Parties",
and each a "Party"), is made on the Effective Date (as defined below).
BY ACCEPTING THE TERMS OF THIS AGREEMENT, EITHER BY: A) ACCEPTING THE AGREEMENT
ONLINE, B) SIGNING THE ORDER (AS DEFINED BELOW) WHICH REFERENCES THIS
AGREEMENT, OR C) INSTALLING OR USING THE SOFTWARE AFTER BEING MADE AWARE OF
THIS AGREEMENT, THE LICENSEE ACKNOWLEDGES THAT IT HAS READ AND UNDERSTOOD ALL
OF THE PROVISIONS, AND HAS THE AUTHORITY TO AGREE TO, AND IS CONFIRMING THAT IT
IS AGREEING TO, COMPLY WITH AND BE BOUND BY, ALL OF THE TERMS AND CONDITIONS
CONTAINED HEREIN, TOGETHER WITH THE TERMS SET FORTH IN ANY ORDER. IF, AFTER
READING THIS AGREEMENT, THE LICENSEE DOES NOT ACCEPT OR AGREE TO THE TERMS AND
CONDITIONS CONTAINED HEREIN, THE LICENSEE SHALL NOT INSTALL OR USE THE
SOFTWARE.
IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY THEN YOU HEREBY REPRESENT AND
WARRANT THAT: (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO
ACCEPT THIS AGREEMENT ON SUCH ENTITY'S BEHALF AND TO BIND SUCH ENTITY, AND
(II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS
AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
1 INTERPRETATION
1.1 Definitions. In this Agreement the following terms shall have the following
meanings:
"Core" means (i) a single physical processor core or hyper-thread when
Solace PubSub+ software is deployed on either a bare-metal server or a cloud or
virtualization environment that presents physical cores to the software, and
(ii) a single virtual core when deployed in a cloud or virtualization
environment that presents virtual cores to the VMR.
"Documentation" means the documentation made accessible by SOLACE via a
URL provided to Licensee.
"Order" means (i) an electronic form provided by SOLACE on its website
for ordering Software Subscriptions, Professional Services, and/or Support and
Maintenance Services, or (ii) a written document, including a Licensee purchase
order, executed by SOLACE and Licensee pursuant to which Licensee purchases of
Software Subscriptions, Professional Services, and/or Support and Maintenance
Services from SOLACE.
"Products" means the Software, Documentation, Support and Maintenance
Services, Professional Services and other products and services that are
ordered by Licensee from SOLACE.
"Software" means the SOLACE software product(s) described in an Order.
"SOLACE Quotation" means SOLACE's sales quotation document provided by
SOLACE to a prospective customer which sets out the fees for SOLACE's
Products.
"Subscription" means the right granted by SOLACE to Licensee to install
and use the Software in accordance with the terms of this Agreement and the
applicable Order, for the Subscription Term specified in the applicable Order.
"Subscription Fee" means the fee payable by Licensee for a Subscription
in accordance with the terms hereof and the applicable Order.
"Subscription Term" means the period of time that Licensee is authorized
by SOLACE to install and use the Software (including the Documentation).
"Support and Maintenance Services" means the support services provided by
SOLACE for the Software in accordance with the Support and Maintenance Terms.
"Support and Maintenance Terms" means SOLACE'S policies, terms and
conditions for the provision of Support and Maintenance Services to its
customers, a copy of which is available on the SOLACE website at
https://solace.com/support.
"Statement of Work" or "SOW" shall mean a statement of work in the
form attached hereto as Schedule B pursuant to which the parties agree upon the
Professional Services to be provided by SOLACE to Licensee, the fees to be
charged, milestones, deliverables and such other terms and conditions as the
parties may agree upon.
1.2 Currency. Unless otherwise specified, all dollar amounts in this Agreement,
including the symbol "$", refer to United States currency.
2 LICENSE GRANT
2.1 General License to Software.
(a) Provided Licensee complies with this Agreement, SOLACE hereby grants to
Licensee a non-exclusive, non-sublicensable (except as permitted in accordance
with Section 2.6 below), non-transferable, license, during the term of this
Agreement, to install and use the Software in object code form during the
applicable Subscription Term for the number of Cores specified in the Order,
solely for the Licensee's internal business purposes and in accordance with
the terms of this Agreement.
(b) If Licensee requires a license from SOLACE to enable Licensee to bundle or
otherwise make available a Product with Licensee's own software, such
bundling will be pursuant to separate terms to be agreed.
2.2 Documentation. Provided Licensee complies with this Agreement, Licensee may
reproduce the Documentation, for use on an internal basis only, and solely in
support of the Licensee's licensed use of the Software. Distribution of the
Documentation outside of Licensee is prohibited without the express written
permission of SOLACE. Licensee must reproduce all copyright and other
proprietary notices that are on the original copy of the Documentation.
2.3 Back-up Copy. In addition to the number of copies of the Software
installed and used pursuant to Section 2.1 and paid for in accordance with
Section 5, Licensee may make one copy of each licensed Product per Subscription
solely for back-up purposes, provided that Licensee reproduces all copyright
and other proprietary notices that are on the original copy of the Software and
such back-up copy is not installed or used other than for back-up and recovery
purposes. Back-up copies that are used as part of a live or 'hot'
back-up will be subject to additional fees.
2.4 Use Restrictions Licensee will not: (a) reverse engineer, disassemble,
decompile, or translate the Software (other than Sample Applications), or
otherwise attempt to derive the source code version of the Software, except if
and only to the extent expressly permitted by applicable law, and provided that
Licensee first approaches SOLACE and seeks permission in writing; (b) except as
expressly permitted in this Agreement, rent, lease, loan or otherwise in any
manner provide, transfer or distribute the Products or any part thereof to any
third party; (c) use the Software in violation of applicable laws;
d) circumvent any user limits or other license timing or use restrictions that
are built into the Software; (e) except as expressly permitted in this
Agreement, reproduce, distribute, publicly perform, publicly display or create
adaptations or derivative works of or based on the Products.
2.5 Publicly Available Software. Portions of the Software include software
programs that are distributed by SOLACE pursuant to the terms and conditions of
a license granted by the copyright owner of such software programs and which
governs Customer's use of such software programs ("Publicly Available
Software"). The Licensee's use of Publicly Available Software in
conjunction with the Software in a manner consistent with the terms of this
Agreement is permitted, however, the Licensee may have broader rights under the
applicable license for Publicly Available Software and nothing contained herein
is intended to impose restrictions or limitations on the Licensee's use of
the Publicly Available Software. The warranty, indemnity and limitation of
liability provisions in this Agreement will apply to all of the Software,
including Publicly Available Software included in the Software. Copies of such
Publicly Available Software license agreements are available by contacting
Licensor at support@solace.com. The source code for certain portions of the
Publicly Available Software included in the Software (as specified in the
copyright notices) is available by contacting SOLACE at support@solcae.com
within a three (3) year period from the original date of receipt of the
applicable Software or Adapter and for a fee that shall not exceed Licensor'
costs associated with the shipping of such software source code.
2.6 Sub-licensing. Any sub-licensing of the Software under this Agreement must
be expressly authorized by SOLACE pursuant to an Order or otherwise in writing.
Any attempt by Licensee to sub-license or otherwise transfer the Products to a
third party in breach of this restriction will be void. Any sub-licensing that
may be permitted under this Agreement by SOLACE will be subject to such
sub-licensee agreeing to substantially similar restrictions and obligations set
out in this Agreement. Licensee will be fully liable for any breach by a
sub-licensee of any restriction or obligation, and SOLACE may bring a Claim
against Licensee if SOLACE suffers any Losses arising from such breach.
2.7 Evaluation Licenses.
(a) If the Software provided to Licensee under this Agreement is designated by
SOLACE in an Order or otherwise as an evaluation release (indicated by terms
such as "pre-commercial", "alpha," "beta," "trial,"
"draft," "early access," "EA" or "evaluation") (each an
"Evaluation Software Release"), Licensee will have the limited right
under this Agreement to download and install the Software on the number of
Cores identified in the Order or, if not identified, one Core, for the
Licensee's internal and non-commercial evaluation of the Software.
(b) Licensee acknowledges that the Evaluation Software Release may not meet
performance and compatibility standards of a production version. The Evaluation
Software Release may not operate correctly, may be substantially modified by
SOLACE prior to first commercial shipment, and may be withdrawn completely and
never issued for commercial use.
(c) If Licensee desires other rights for the Evaluation Software Release,
Licensee must request from SOLACE a commercial release of the Software.
(d) The limited use license granted in subsection (a) will automatically expire
on the earlier of: (i) the date when the Software is made available to Licensee
as a commercially available product, and (ii) the date specified in the Order
or, if no such date is identified in the Order, the date that is 30 days after
the date of delivery or provision of the Evaluation Software Release to
Licensee. Following license expiry Licensee will permanently delete or
otherwise purge such Evaluation Software Release from Licensee's systems
and, if requested by SOLACE, certify the same.
2.8 License of APIs. Provided Licensee complies with this Agreement and any
terms that SOLACE provides, SOLACE grants to Licensee a non-exclusive, royalty
free license, during the term of this Agreement, to download, install and use,
the applicable application programming interfaces that may be made available by
SOLACE with the Software ("APIs") solely to create interfaces between the
Software and the Licensee's software or third party software on
Licensee's systems.
2.9 License to Sample Applications.
(a) SOLACE may, in its sole discretion, provide certain sample Software in
source code or object code form for the purposes of demonstrating certain
features enabled by the Software, including demonstrating to Licensees how to
build applications using APIs, and for use by Licensees with such APIs (each, a
"Sample Application").
(b) Whether provided separately or together with other Software, if SOLACE
provides such Sample Application to Licensee, then SOLACE hereby grants to
Licensee a non-sublicensable, non-transferable, non-exclusive, revocable
license, to install such Sample Application for Licensee's evaluation for
the same duration as the Software with which the Sample Application is
associated or such other duration as specified by SOLACE upon delivery of the
Sample Application.
3 OPTIONAL SERVICES AND SUPPORT
3.1 Optional Services. Licensee acknowledge that certain optional services,
such as training, integration and development services may be provided by
SOLACE in association with the Products, and access to such services will be
provided only pursuant to a Statement of Work executed by SOLACE and Licensee
and may include separate and additional fees.
3.2 Support.
(a) Provided Licensee complies with this Agreement, SOLACE will provide Support
and Maintenance Services the Software in accordance with SOLACE's then
standard Support and Maintenance Terms. The level of support will be dependent
on whether Licensee has procured either the 'Premium Support Plan' or
'Standard Support Plan' defined in SOLACE's Support and Maintenance
Terms and as specified in the applicable Order.
(b) SOLACE may enhance such standard Support and Maintenance Services from time
to time in its discretion.
(c) For greater clarity, SOLACE's then standard Support and Maintenance
Terms do not apply to Evaluation Software Releases, Sample Applications or any
free versions of the Software that may be made available. SOLACE may make
available support related information on a free basis for such Software on its
publicly accessible website or otherwise, and such support related information
will, for greater clarity, be subject to the limitations and exclusions in this
Agreement.
4 PROPRIETARY RIGHTS
4.1 Intellectual Property Rights. In this Agreement "Intellectual Property
Rights" means: (a) any and all proprietary rights anywhere in the world
provided under: (i) patent law; (ii) copyright law (including moral rights);
(iii) trademark law; (iv) design patent or industrial design law; or (v) any
other statutory provision or common law principle applicable to this Agreement,
including trade secret law, that may provide a right in either hardware or
information generally or the expression or use of such hardware or information;
(b) any and all applications, registrations, licenses, sub-licenses,
franchises, agreements or any other evidence of a right in any of the
foregoing. Except for the licenses expressly granted herein, othing in this
Agreement or the provision of the Products conveys or otherwise provides to
Licensee title, interest or any Intellectual Property Rights in or to: (a) the
Products, or (b) know-how, ideas, or any other subject matter protectable under
laws applicable to Intellectual Property Rights of any jurisdiction. As between
Licensee and SOLACE, SOLACE and its affiliates and licensors are the sole and
exclusive owners of the Products, including Intellectual Property Rights
therein.
4.2 Feedback. Licensee is encouraged to provide to SOLACE suggestions,
comments and feedback related to the Products (including reporting bugs) (the
"Feedback"). Licensee hereby grants to SOLACE a license to use, copy,
distribute, modify or otherwise adapt, incorporate into any software and
documentation, including the Products, and sublicense, without attribution or
compensation to Licensee, all Feedback which SOLACE receives or otherwise
obtains from Licensee, in any form, to improve, enhance or modify the Products
or otherwise. Licensee waives or will cause all moral rights to be waived in
any Feedback.
4.3 Third Party Licenses. The Software may contain or require third party
software that is licensed under third party terms. SOLACE may direct Licensee
to such third party terms, and in some instances the Software cannot be used or
further distributed without Licensee's acceptance of such terms. Any
failure of Licensee to agree to the terms applicable to such third party
software may undermine certain functionality of or prevent Licensee from using
the Software.
4.4 Open Source Software.
(a) Licensee will not represent to third parties, or use any third party
software or code in conjunction with: (i)the Software; or (ii)any software,
products, documentation, content or other materials developed using the
Software, in such a way that: (A) creates, purports to create or has the
potential to create, obligations for SOLACE with respect to the Software; or
(B) grants, purports to grant, or has the potential to grant to any third party
any rights to or immunities under any Intellectual Property Rights of SOLACE,
as such rights exist in or relate to the Products.
(b) Licensee will not use any Software in any manner, including through
incorporation, linking, distribution or otherwise, that will cause any Products
and any Intellectual Property Rights therein to become subject to any
encumbrance or terms and conditions of any third party or open source license,
including any open source license listed on
http://www.opensource.org/licenses/alphabetical (each an "Open Source
License").
(c) The restrictions, limitations, exclusions and conditions referred to under
subsection (b) will apply even if SOLACE becomes aware of or fails to act in a
manner to address any violation or failure to comply therewith. No act by
SOLACE that is undertaken under this Agreement in respect to any Products will
be construed as intending to cause any Intellectual Property Rights that are
owned or controlled by SOLACE or any of its affiliates (or for which SOLACE or
any of its affiliates has received license rights) to become subject to any
encumbrance or terms and conditions of any Open Source License.
4.5 Use of Name and Logo Licensee will not display or make any use of
SOLACE's or its affiliates' names, marks or logos without the prior
written approval of SOLACE.
5 FEES AND TAXES
5.1 Fees. Licensee shall pay the applicable Subscription Fees and support fees
specified in the applicable Order. Except as otherwise specified herein or in
an Order, Subscription Fees are based on Subscriptions purchased and not
actual usage. Subscription Fees paid are refundable if the number of
Subscriptions purchased are decreased during the relevant Subscription Term.
5.2 Invoices and Payment. Subscription Fees will be invoiced in advance and
otherwise in accordance with the relevant Order. All invoices issued by SOLACE
are due and payable within 30 days of the invoice date unless otherwise agreed
in an Order. Licensee will be responsible for any and all sales, use, excise,
import, value-added, services, consumption, and other taxes assessed on the
receipt of the Products, and any related services as a whole.
5.3 Overdue Charges. Any payment not received from Customer by the due date may
accrue (except with respect to charges then subject to a reasonable and good
faith dispute), at Licensor' discretion, late charges at the rate of 1.5% of
the outstanding balance per month (19.57% per annum), or the maximum rate
permitted by law, whichever is lower, from the date such payment was due until
the date paid.
6 CONFIDENTIALITY
6.1 Definition of Confidential Information.
In this Agreement "Confidential Information" of a Party means any
information of a Party (including in respect to SOLACE any of its affiliates,
licensors, customers, employees or subcontractors) (the "Disclosing
Party"), whether oral, written or in electronic form, which has or will come
into the possession or knowledge of the other Party (the "Receiving
Party") in connection with or as a result of entering into this Agreement
that can reasonably be considered to be confidential in the circumstances of
disclosure or which is designated as confidential. The Products, any
performance information, service levels, support terms, and results of testing
of the Software, and the terms of this Agreement are Confidential Information
of SOLACE. Notwithstanding the foregoing, "Confidential Information" does
not include information that is:
(a) publicly available when it is received by or becomes known to the Receiving
Party or that subsequently becomes publicly available other than through a
direct or indirect act or omission of the Receiving Party (but only after it
becomes publicly available);
(b) established by evidence to have been already known to the Receiving Party
at the time of its disclosure to the Receiving Party and is not known by the
Receiving Party to be the subject of an obligation of confidence of any kind;
(c) independently developed by the Receiving Party without any use of or
reference to the Confidential Information of the Disclosing Party as
established by evidence that would be acceptable to a court of competent
jurisdiction;
(d) received by the Receiving Party in good faith without an obligation of
confidence of any kind from a third party who the Receiving Party had no reason
to believe was not lawfully in possession of such information free of any
obligation of confidence of any kind, but only until the Receiving Party
subsequently comes to have reason to believe that such information was subject
to an obligation of confidence of any kind when originally received; or
(e) Feedback provided by Licensee or a representative of Licensee.
6.2 Confidentiality Obligations.
(a) Each Party will, in its capacity as a Receiving Party: (i) not use or
reproduce Confidential Information of the Disclosing Party for any purpose,
other than as may be reasonably necessary for the exercise of its rights or the
performance of its obligations set out in this Agreement; and (ii) not
disclose, provide access to, transfer or otherwise make available any
Confidential Information of the Disclosing Party to any third party except as
expressly permitted in this Agreement.
(b) Each Party may, in its capacity as a Receiving Party, disclose Confidential
Information of the Disclosing Party: (i) if and to the extent required by a
governmental authority or otherwise as required by applicable law, provided
that the Receiving Party must first give the Disclosing Party notice of such
compelled disclosure (except where prohibited by applicable law from doing so)
and must use commercially reasonable efforts to provide the Disclosing Party
with an opportunity to take such steps as it desires to challenge or contest
such disclosure or seek a protective order. Thereafter, the Receiving Party