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SAP SYBASE EVENT STREAM PROCESSOR EVALUATION LICENSE AGREEMENT
NOTICE TO USER: BY INSTALLING OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ IT CAREFULLY.
THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") SHALL GOVERN YOUR INSTALLATION AND USE OF THE ASSOCIATED SYBASE EVENT STREAM PROCESSOR SOFTWARE, DOCUMENTATION RELATED EXPLANATORY MATERIALS AND, IF APPLICABLE, ADAPTER MODULES (THE "PROGRAM"). BY INSTALLING AND USING THE PROGRAM YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU MAY NOT INSTALL OR USE THE PROGRAM.
THE PROGRAM, THE INFORMATION PROVIDED TO YOU TO DOWNLOAD THE PROGRAM, AND ANY LICENSE KEYS THAT MAY BE PROVIDED TO YOU BY SYBASE, ARE EXCLUSIVELY FOR YOUR INDIVIDUAL USE. SHARING OR TRANSFER OF ANY OF THE ABOVE, EXCEPT AS PERMITTED IN THE AGREEMENT, IS PROHIBITED.
YOU UNDERSTAND AND AGREE THAT THE PROGRAM MAY BE SUBJECT TO ADDITIONAL OR SUPPLEMENTAL TERMS AND CONDITIONS ("PRODUCT SPECIFIC LICENSE TERMS") THAT ARE POSTED ON WWW.SYBASE.COM/PSLT AS OF THE DATE OF YOUR INSTALLATION OF THIS PROGRAM. PRODUCT SPECIFIC LICENSE TERMS ARE WRITTEN AND SHALL BE ENFORCEABLE IN THE ENGLISH LANGUAGE. YOU ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW THE PRODUCT SPECIFIC LICENSE TERMS APPLICABLE TO THE PROGRAM PRIOR TO INSTALLATION. BY INSTALLING OR USING THE PROGRAM IN ANY WAY, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE APPLICABLE PRODUCT SPECIFIC LICENSE TERMS.
IF YOU ARE DOWNLOADING OR INSTALLING THE PROGRAM ON BEHALF OF ANOTHER PERSON OR ENTITY, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THE PARTY OR ENTITY FOR WHICH YOU ARE PERFORMING THE DOWNLOAD OR INSTALLATION TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MAY NOT DOWNLOAD OR INSTALL THE PROGRAM.
YOU ARE REQUIRED TO ACCEPT THE TERMS OF THE AGREEMENT BEFORE YOU CONTINUE TO INSTALL THE PROGRAM. YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT BY CLICKING "I ACCEPT" BELOW.
UPON YOUR ACCEPTANCE OF THIS AGREEMENT, SYBASE GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO USE THE PROGRAM AS FOLLOWS:
1. GRANT OF LICENSES.
A. Use of Program. Subject to your compliance with the terms and conditions of this Agreement, Sybase grants you a personal, non-exclusive, non-transferable license for a single user (you) to use the Program internally in your organization on an evaluation basis in object code format (a) for internal evaluation purposes, (b) to provide Sybase with feedback regarding the Program, (c) to develop, compile and build software applications as modified by your use of the Program as permitted in this Agreement ("Evaluation Applications"), (d) to install Evaluation Applications on computers and configurations supported by the Program, and (e) to make one copy of the Program solely for back-up purposes.
B. Limitations on Use. You shall make no commercial use of the Program, any Evaluation Applications, or any derivative works thereof (including for your own internal business purposes). Deployment licenses for any purpose (including, without limitation, usage in a general production environment or on a webserver) must be purchased from Sybase before you deploy the Program, any Evaluation Applications, any production components contained in this Program, or any derivative works thereof. Neither the Program nor any Evaluation Applications may be transferred, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to another party without Sybase's prior written consent.
2. COPY RESTRICTIONS AND OTHER RESTRICTIONS. You may not copy the Program except that you may either install the Program on your hard disk or make one copy for inactive back-up and archival purposes for your own use. Except as expressly permitted in the documentation, you may not modify or adapt the Program in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Program (except to the extent applicable laws specifically prohibit such restriction). You may not use the Program for timesharing, rental or service bureau purposes. You shall not remove any copyright notices or other proprietary notices from the Program and you must reproduce such notices on all copies or extracts of the Program. Results of benchmark or other performance tests run on the Program may not be disclosed to any third party without Sybase's prior written consent. Transfer of the Program outside the country in which it was originally delivered to you is not permitted without Sybase's prior written consent, and is subject to compliance with all applicable export regulations and restrictions. Upon reasonable notice to you, Sybase may audit your use of the Program.
3. COPYRIGHT AND OWNERSHIP. The Program is owned by Sybase, its subsidiaries or their suppliers and is protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Program as permitted herein and do not acquire any rights of ownership in the Program or any other implied rights or licenses under any intellectual property rights of Sybase.
4. CONFIDENTIALITY. "Confidential Information" shall include the Program (including methods or concepts utilized therein) and all information identified by Sybase as proprietary or confidential. Confidential Information shall remain the sole property of Sybase and shall not be disclosed to any third party without the express written consent of Sybase; except that you may disclose Confidential Information to consultants performing services for your benefit, provided that such consultants are bound by a written non-disclosure agreement with you protecting such Confidential Information in a manner consistent with this Agreement. Except with respect to the Program, items will not be deemed Confidential Information if (i) available to the public other than by a breach of an agreement with Sybase; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iii) independently developed by you without access to the Confidential Information; or (iv) if proven to have been known to you at the time of disclosure. You shall immediately inform Sybase if you are required to produce Confidential Information by operation of law, and if so requested by Sybase, shall provide reasonable assistance to Sybase in seeking to limit such production. A copyright notice on a Program does not, by itself, constitute evidence of publication or public disclosure.
5. SUPPORT. This Program is provided on an "as is" basis and is unsupported. This Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Program.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program is Commercial Computer Software. Use, duplication and disclosure of the Program by the U.S. Government is subject to restrictions set forth in this Agreement, which incorporates all applicable FAR provisions, for example FAR Section 52.227-19. Sybase reserves all unpublished rights under U.S. copyright laws.
7. TERMINATION. Your license to use the Program will automatically terminate as of the date thirty (30) days after you install the Program. The term of the Agreement may be extended in the event Sybase provides you with a license key which allows the Program to operate for an additional period to time. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE PROGRAM MAY CONTAIN A DEVICE WHICH SHALL CAUSE IT NOT TO OPERATE AFTER EXPIRATION OF THE TERM. In addition, Sybase may immediately terminate this Agreement on notice to you. Upon termination, you shall cease using the Program and shall destroy all copies of the Program (and associated documentation) in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.
8. WARRANTY DISCLAIMER. The Program is provided AS IS, without any warranty whatsoever. SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION ON LIABILITY. NEITHER SYBASE, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF DATA, LOSS OF PROFITS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Program or any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.
11. ENGLISH LANGUAGE. The parties have requested that the Agreement and all documents contemplated hereby be drawn up in English (les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par las présentes soient rédigés en anglais).
12. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Program and is governed by the laws of the State of California (other than its conflict of law provisions). If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed, as necessary, to eliminate its unenforceability, and all other provisions shall remain unaffected. The failure or delay of either party to exercise any of its rights shall not be deemed a waiver of such rights, and no waiver of any breach of this Agreement shall constitute a waiver of any other breach.
13. FREE DOWNLOAD COMPONENTS. The Program may include certain third party open source and other free download components ("Free Download Components"). You may have additional rights in the Free Download Components that are provided by the third party licensors of those components. The Free Download Components and any such third party licenses and third party-required notices for the Program are identified at http://www.sybase.com/thirdpartylegal (third party licenses and notices for Free Download Components included as part of the Developer Components are identified under the names of those products). Any obligations undertaken by Sybase in the Agreement relating to the Free Download Components as part of the Program are provided by Sybase alone, and not by the third party licensors of the Free Download Components. FURTHER DISCLAIMER OF WARRANTIES AND LIABILITIES. The Free Download Components are provided "AS IS" by the third party licensors, who disclaim all liabilities, damages (even if they have been advised of the possibility of such damages), warranties, indemnities and other obligations of any kind, express or implied, with regard to the Free Download Components. Nothing in the foregoing affects any performance warranty provided by Sybase with regard to the Program as a whole.