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"WEBDEV Application Server" License Agreement By installing and using WEBDEV Application Server, you agree to the terms of the following license:CUSTOMER shall mean the original customer (either individual or company) who acquired one or more licenses for SOFTWARE. COMPANY shall mean PC SOFT, whose head office is located at 3 rue de Puech Villa, BP 444 08, 34197 Montpellier, France. SOFTWARE shall mean the "WEBDEV Application Server" software purchased by CUSTOMER for the current version and for any upgraded version, unless this upgraded version contains a license agreement that would be entirely enforced then. The SERVER corresponds to the environment in which the server process runs, and on which the APPLICATIONS are installed in order to be accessible to the USERS. This environment can be physical (a specific CPU) or virtual (a specific memory area). An APPLICATION is a program or a set of programs based on a single ANALYSIS. An ANALYSIS means "analysis created with the tool for analysis description included in the software". A USER designates a computer (a PC in most cases) linked to the SERVER, on a continuous basis or temporarily. | | 1. License |
This user license is granted to CUSTOMER in exchange for the payment of a purchase price.
This license is granted only after full payment of rights as indicated on the price list on the day of the purchase.
SOFTWARE is considered as being used as soon as it is loaded in the "computer memory" (also called RAM) of a SERVER.
This SOFTWARE can be used on a single SERVER.
If SOFTWARE must be used on several different SERVERS, a separate SOFTWARE license is required for each one of the SERVERS.
For a virtualized SERVER, a SOFTWARE license is required for each virtualized instance.
For a Docker container, a license of SOFTWARE is required per container.
For a group of SERVERS (cluster), a SOFTWARE license is required for each SERVER (cluster node).
| | 2. SOFTWARE ownership |
This SOFTWARE is the property of the COMPANY. The CLIENT has merely acquired the right to use this SOFTWARE according to the terms and conditions detailed in the General Terms and Conditions and in this License Agreement.
| | 3. Backup copy |
CUSTOMER is authorized to download a backup copy to reinstall SOFTWARE.
Reproducing the documentation, in part or in full, is strictly forbidden.
| | 4. Use |
CUSTOMER agrees to use SOFTWARE for its intended purpose. Modifying, trying to modify, disassembling, or trying to disassemble this SOFTWARE is forbidden. CUSTOMER shall not remove (or try to remove) the copyright mentions that may be displayed and/or included in SOFTWARE.
SOFTWARE shall not be rented, leased or shared.
SOFTWARE shall not be used to create and distribute all or part of a development tool, software for application creation and program generator, or any other software of a type similar to SOFTWARE. Contact us if you have any questions.
Copying or reproducing the documentation, in part or in full, is strictly forbidden.
| | 5. Required licenses |
SOFTWARE only allows access to a single SERVER.
| | 6. Absence of liability |
6.1. SOFTWARE and documentation are sold as is, WITHOUT ANY WARRANTY as to performance, merchantability or fitness for any particular purpose. COMPANY shall not be held liable for damages of any nature whatsoever, including data loss or deterioration, financial or operational loss, discrepancy between the information contained in the documentation and the actual behavior of SOFTWARE, or in case SOFTWARE behaves differently than expected. CUSTOMER is solely responsible for the performance and support of the programs created using SOFTWARE.
6.2. Neither COMPANY nor anyone else who has been involved in the design, the production, or the distribution of SOFTWARE will be liable for any incidental, consequential, indirect or special damages caused to CUSTOMER, any user or third party, even in case of negligence, including but not limited, to the interruption of the good order work of SOFTWARE, the loss of profits, loss of data, loss of brand image, increase of overheads or any other financial loss arising from the use of SOFTWARE or inability to use it even if COMPANY has been notified of the possibility of such damages.
6.3. CUSTOMER acknowledges and agrees that COMPANY may only be liable for direct damages.
6.4. To the maximum extent permitted by applicable law, and except for indemnification obligations, breach of confidentiality and/or intellectual property rights provisions, and breach of CUSTOMER's payment obligations, COMPANY's liability shall not exceed the license fees paid and/or payable by CUSTOMER to COMPANY under the order form giving rise to the claim for the twelve (12) months preceding the event giving rise to the claim.
6.5. It is expressly agreed that any claim for damages against COMPANY arising in connection with these terms and conditions and the use of SOFTWARE will be time-barred twelve (12) months after the event that triggered the claim.
| | 7. Third-party software |
Licenses for third-party software and libraries used by WEBDEV Application Server
Licenses for third-party software and libraries used by WEBDEV Application Server can be found on Licenses for third-party software and libraries used by WINDEV, WEBDEV and WINDEV Mobile. It is the CUSTOMER's responsibility to comply with all applicable third-party license conditions. FastCGI: The terms of the following license agreement apply:
Open Market permits you to use, copy, modify, distribute, and license this Software and the Documentation for any purpose, provided that
existing copyright notices are retained in all copies and that this notice is included verbatim in any distributions. No written
agreement, license, or royalty fee is required for any of the authorized uses. Modifications to this Software and Documentation may
be copyrighted by their authors and need not follow the licensing terms described here. If modifications to this Software and
Documentation have new licensing terms, the new terms must be clearly indicated on the first page of each file where they apply. OPEN MARKET MAKES NO EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE OR THE DOCUMENTATION, INCLUDING WITHOUT LIMITATION ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL OPEN MARKET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM OR RELATING TO THIS SOFTWARE OR THE DOCUMENTATION, INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, EVEN IF OPEN MARKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS". OPEN MARKET HAS NO LIABILITY IN CONTRACT, TORT, NEGLIGENCE OR
OTHERWISE ARISING OUT OF THIS SOFTWARE OR THE DOCUMENTATION.
| | 8. License acceptance |
By keeping and using this software, you indicate that you understand and agree to the terms of this agreement. By accepting this license agreement, you indicate that you agree to the terms of all third-party software license agreements.
This contract cannot be modified, except by an original letter initialled by the COMPANY's general director.PC SOFT and WEBDEV are registered trademarks of the COMPANY. This license agreement is governed by French law. Any dispute arising therefrom shall be subject to the exclusive jurisdiction of the courts where COMPANY has its registered office. PC SOFT,
3, rue de Puech Villa
BP 44 408
34197 Montpellier Cedex 5 France |
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