for-gentoo/licenses/lightstreamer

SOFTWARE LICENSE AGREEMENT
Please read carefully all of the articles of the following "Lightstreamer"
software use license before downloading and installing the software.
Downloading and installing the software, either directly or through a third
party, manifests your acceptance of all of the terms and conditions of this
use license. If you do not intend to accept the contents of this contract, you
should not download or install the software. Instead, you should return it to
Weswit S.r.l. or destroy it.
Notwithstanding the fact that the present contract will be considered
accepted and binding as described above, we encourage you to print and
sign two copies of the present contract and to send one of the copies to the
address indicated below.
1. Use License.
1.1 Weswit S.r.l. (hereafter referred to as "Licensor"), following acceptance by
you of all of the terms and conditions of the present contract and payment by you
of the agreed upon amount, grants you (hereafter referred to as "Licensee") this
software use license permitting Licensee on a non exclusive perpetual basis to
use the Software described in Art. 1.2 below and the Documentation described in
Art. 1.3 below and Art 1.6.
1.2 Software means the 'Lightstreamer' program (hereafter referred to as
"Lightstreamer" or "Software"), which is the exclusive property of the Licensor.
1.3 Documentation means all of the documentation related to the Software,
including the use manuals, explanatory notes, and materials useful for the
installation and functionality supplied by the Licensor to the Licensee, in any
format, paper or electronic, at the moment of the consummation of the contract
(hereafter referred to as "Documentation").
1.4 This license is non-exclusive and not transferable in any way, including in
the form of a sub-license.
1.5 Assistance, maintenance, and updating relating to Lightstreamer, aside
from that for provided at art. 4) of the present contract, are not a part of the
present contract, as they may be provided for in a further contract that may be
entered into by the parties.
1.6 Lightstreamer and the Documentation can be used only and exclusively on
the number of computers that will be agreed upon by the parties, according to the
obligation and limitations determined by the following contract:
Lightstreamer Moderato Edition, Free License (“Free License”). You
may install and use the Lightstreamer Free License for which you have received
from Licensor or Reseller a valid License File to enable its operation. One license
is required for each machine running Lightstreamer Server (irrespective of the
number of CPUs and concurrent users). But only one instance of Lightstreamer
Server installed on only one machine (node) can be executed for each web
application. This means that clustering and fail-over capabilities are explicitly
prohibited. Each License File contains the MAC address of one of the network
cards of the machine on which Lightstreamer Server is installed. A Free License
can be used to add Lightstreamer’s functionalities to any legal service or product,
provided that the license is generated by the Licensor, and the “Powered by
Lightstreamer” logo (available in high resolution in the “LOGO” folder of the
Lightstreamer Moderato distribution), together with a link to the
“www.lightstreamer.com” site are prominently displayed on the web application
and in all the materials related to the service or product. Further, for all parts of
the service or product that use Lightstreamer, the integrator must clearly and
prominently indicate that all Copyrights related to it are the sole and exclusive
property of Weswit S.r.l. The generation of Free Licenses could be discontinued
at any time at Licensor’s discretion.
2. Consented Uses and Restrictions.
2.1 Lightstreamer and the Documentation are the exclusive property of the
Licensor and are protected, as are all of the connected and related rights, by
Copyright and applicable Intellectual Property laws.
2.2 Lightstreamer and all of the Documentation given by the Licensor to the
Licensee are to be considered reserved and confidential. Upon termination of the
present contract, except as provided by law, none of the materials and
Documentation can be kept and used in any manner and must be destroyed.

2.3 Licensee agrees to use Lightstreamer respecting all of the applicable laws
in the jurisdiction where the Software will be used, and complying with all laws in
force, including but not limited to those related to Copyright and Intellectual
Property rights.
2.4 Except as provided for by contract or by law, Licensee shall not make any
copies of Lightstreamer.
2.5 Licensee cannot decode, decompile, disassemble or modify Lightstreamer,
or create derivations based on the Software other than as permitted by law. The
Licensee shall not make known any program benchmark test without prior
consent of the Licensor.
2.6 By the present contract, the Licensor gives in license solely and exclusively
to the Licensee the right to use the Software. No other right, including those
related to trademarks, names, logos or anything else recognizable as a distinctive
sign, present in the Software or in the Documentation, is given in license by the
Licensor to the Licensee.
3. Trademarks and Logos.
3.1 Licensee accepts and recognized that the Licensor is the sole and
exclusive owner of the Lightstreamer trademark and logos related to it.
3.2 Licensee has no right in relation to the use of such distinctive signs, and
cannot remove them, modify them or use them autonomously.
4. LIMITED WARRANTIES; DISCLAIMER.
4.1 The Software and Documentation are licensed "AS IS". The Licensor
disclaims any and all warranties, whether express or implied, including without
limitation, any implied warranties of merchantability or fitness for a particular
purpose. The Licensor does not warrant the functions contained in the Software
will meet any requirement or needs the Licensee may have, or that the Software
will operate error free, or in an uninterrupted fashion, or that the Software is
compatible with any particular platform. The Licensor makes no guarantees
regarding the use or any results deriving from the use of the Software and
Documentation with respect to their correctness, accuracy, trustworthiness or in
any other way.
4.2 Licensee shall immediately inform the Licensor of any claim or action made
against the Licensee by a third party that the normal and correct operation
possession or use of the Software or Documentation by the Licensee infringes
the patent, copyright, registered design or trademark rights of any third party.
4.3 Licensee shall cooperate in and collaborate with the Licensor in the defence
of any claim or action made against the Licensee, the Licensor or about Software
or Documentation.
4.4 In any case, Licensor will neither indemnify nor hold harmless the Licensee
on demand against any damages (including costs) that may be awarded or
agreed to be paid to any third party in respect of any claim or action about
infringement of patent, copyright, registered design or trademark rights of any
third party.
4.5 Licensor shall have no liability to the Licensee in respect of any breach of
the Licensee’s obligations under this agreement.
4.6 The Licensee assumes every risk and responsibility with respect to the
choice, installation and use of the Software and Documentation and their results.
5. Limitation of Responsibility.
5.1 Save as set out above, the Licensor is not responsible for, and is expressly
relieved from liability for, any damages suffered by the Licensee, those direct,
indirect, incidental, consequential, of any kind or nature, arising out of or related
to the present contract, the Software and/or Documentation.
5.2 Save as set out above, the Licensee recognizes and accepts that the
Licensor is not in any way responsible for any use of the Software and/or the
Documentation by the Licensee and/or for the consequences of such use,
including but not limited to, if such use results in obtaining materials that violate
the rights of third parties, is imprecise, obscene, indecent, threatening, offensive,
defamatory, illicit, illegal or otherwise.
5.3 The Licensee recognizes and accepts that the Licensor is not responsible
for possible malfunctions provoked by the Software or resulting from possible
incompatibility between the Software and/or Documentation and hardware and for
other possible delays or problems of functionality.
5.4 Where the applicable law does not allow for the applicability of the
exclusions and limitations of responsibility contained in the present articles 4 and
5, in no event shall the limit of responsibility and compensation on the part of the
Licensor to the Licensee, in any way, for any and all damage, loss and for any
other cause, shall not exceed, in total, the amount paid as Software licensee
fees.
6. Termination of the contract.
6.1 In the event of breach by the Licensee of any of the undertakings or
obligations assumed under the present contract, the Licensee has thirty (30)
calendar days following notification in writing by Licensor to arrange an

acceptable remedy and notify the Licensor. If the Licensee fails to do so, the
Licensor will have the right to immediate terminate the present contract; upon the
simple declaration given in writing to the Licensee to avail himself of this article.
However, the right of the Licensor to take action necessary to obtain
compensation for the damages possibly suffered shall remain.
6.2 Any termination of this contract pursuant to this clause shall be without
prejudice to any other rights or remedies a party may be entitled to under this
agreement or at law and shall not affect any accrued rights or liabilities of either
party nor the coming into or continuance in force of any provision of this
agreement which is expressly or by implication intended to come into or continue
in force on or after such termination. In any case, the possible termination of the
contract will not result in the obligation of restitution of any amounts already paid
and will not produce effects regarding the services already performed, nor will it
eliminate the right of the Licensor to receive other possible payments still due. In
the event that the termination occurs in the warranty period, the licensee fee will
be proportional with the duration of the contract.
6.3 At the moment of termination of the contract or at the end of the contract
term, the Licensee shall cease any and all use of the Software and
Documentation and destroy the Software and Documentation, except as provided
by law.
7. Applicable Law and Competent Forum.
7.1 THIS AGREEMENT SHALL BE GOVERNED BY, AND CONSTRUED AND
ENFORCED IN ACCORDANCE WITH, THE LAWS OF ENGLAND.
7.2 All disputes arising out of or in connection with the Agreement shall be
finally settled in arbitration under the Rules of Arbitration of the International
Chamber of Commerce (ICC), by 3 (Three) arbitrators appointed in accordance
with the said Rules.
The place of arbitration shall be Milan (Italy). The language of the arbitration shall
be English.
Any Party shall have the right to have recourse to and shall be bound by the pre-
arbitral referee procedure of the International Chamber of Commerce (ICC) in
accordance with its Rules for a Pre-Arbitral Referee Procedure.
The Arbitration Section shall not prevent either Party from having recourse to the
Court of Bruxelles according to art.7.3.
7.3 Alternatively, EACH OF THE PARTIES HERETO HEREBY CONSENTS
AND AGREES TO THE EXCLUSIVE JURISDICTION OF THE COURT OF
BRUXELLES IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT.

8. Miscellaneous
8.1 The possible nullity of one or more of the clauses of the present contract
will not invalidate the other clauses. The possible nullity of one or more of the
clauses of the present contract will not result in the invalidity of the contract as a
whole. In any case, the contracting parties undertake, in good faith, to use their
best efforts in order to remedy the nullity of the single clauses and to substitute
the invalid parts with valid ones of equivalent or similar content.
8.2 The present contract substitutes any and all past negotiations, obligations
and agreements such that all of the conduct of an obligations assumed by the
parties will be regulated by the present contract.
8.3 Any modification or integration of the contents of the present contract must
be agreed upon in writing and signed by the legal representatives of the parties.
8.4 The Licensor reserves the right to access and/or make known information
regarding the Licensee, including the contents of communications, in order to
comply with the law or respond to a lawsuit; assure the fulfillment of the present
contract by the Licensee; protect its rights in the Software, Documentation or
anything else deriving from and/or related to the present contract.
8.5 All communications, statement and/or other announcements made on the
base or as foreseen by the present contract shall be sent to the Licensor at:
Weswit S.r.l.
Via Campanini, 6
20124 Milan
Italy
Tel. +1 718 618 44 93
Fax. +39 02 3631 1392
E-mail: info@lightstreamer.com

Any changes to the addresses or numbers above will be reported in the “Contact
Us” section of the www.lightstreamer.com site.