STANDARD LICENSE AGREEMENT
This is an Agreement between, Softerra, LLC. ("Softerra"), owner of the LDAP
Administrator software ("software"), and you ("Licensee"), for the purpose of
specifying the conditions under which Licensee will use the software.
Important Notice
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As part of the purchase process, you agree to accept the terms of this
Agreement. This Agreement is a legal contract which specifies the terms of the
license and warranty limitation between you and Softerra for the LDAP
Administrator software and related documentation. You should carefully read the
following terms and conditions before installing or using the software. Unless
you have entered into a separate written license agreement with Softerra
providing otherwise, installation or use of the software indicates your
agreement to be bound by these terms and conditions. If you do not agree to
these terms, do not attempt to install or use the software.
Scope of Use.
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The License is subject to the following restrictions. You may only: (a) install
the software in a single location on a hard disk or other storage device (b)
make one backup copy of the software, provided your backup copy is not installed
or used on any computer.
In addition, you shall not, nor permit any party to: (i) use the software for
the benefit of any third party, including without limitation, in an outsourcing
or timesharing arrangement, or in the operation of a service bureau; (ii) sell,
lease, sublicense, distribute, or otherwise transfer the software to any person,
firm, or entity. Portions of the software may not be used independently of the
software.
Upgrades
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If the software and 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 part of
the software and is subject to this Agreement.
LDAP Administrator is the Intellectual Property of Softerra.
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 Softerra, 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 rights to the software or related documentation. This
Agreement does not authorize you to use Softerra's name or any of its
trademarks.
Term and Termination
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The license granted for the LDAP Administrator software will continue until it
is terminated. Softerra may terminate any license granted herein if you fail to
comply with the terms of this Agreement. Upon the termination of a license for
any reason, you must promptly return to Softerra or destroy all copies of the
software and related documentation covered by the license.
Warranty and Remedies
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SOFTERRA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR
IMPLIED, FOR THE SOFTWARE. THE SOFTWARE AND DOCUMENTATION ARE
PROVIDED "AS IS."
THESE REMEDIES ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO YOU
FOR BREACH OF EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE
SOFTWARE AND RELATED DOCUMENTATION.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
By way of example, without limitation, Softerra provides no warranties of any
kind to any end-users accessing or otherwise using applications developed or
otherwise obtained by you.
The warranties do not cover damage or defects caused by or related to misuse,
accident, negligence or misapplication. Because programs such as this are
inherently complex, Softerra does not warrant that the software is error-free or
will operate without interruption. Furthermore, Softerra does not warrant that
the software will work with any given database, network or network application.
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
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IN NO CASE SHALL SOFTERRA 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 SOFTERRA IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Miscellaneous
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This Agreement is the complete agreement between you and Softerra concerning
the software and related documentation. The failure or delay of Softerra to
exercise any of its rights under this Agreement or upon any breach of this
Agreement shall not be deemed