GENERAL SOFTWARE LICENSE AGREEMENT
CAUTION: THE COPYING, MODIFICATION, TRANSLATION OR DISTRIBUTION OF
THE OBJECT CODE, PROGRAM, SOFTWARE OR SOURCE CODE IMPLIES
ACCEPTANCE OF THE TERMS OF THIS GENERAL SOFTWARE PROGRAM LICENSE
AGREEMENT. YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND
CONDITIONS BEFORE YOU COPY, MODIFY, TRANSLATE OR DISTRIBUTE THE
OBJECT CODE, PROGRAM, SOFTWARE OR SOURCE CODE.
1.0 DEFINITIONS
1.1 Licensee - The person who has the privilege to copy,
modify, translate or distribute the object code, program, software
and source code, subject to the terms and conditions of this
General Software License Agreement.
1.2 Object Code - The version of a computer program in
machine language, and therefore, ready to be executed by the
computer.
1.3 Program - A sequence of instructions for executions by a
computer.
1.4 Software - The computer program plus program
documentation, if applicable.
1.5 Source Code - The version of a computer program in
assembly language or high-level language, and therefore, not ready
to be executed by the computer.
1.6 Work - All forms of tangible or intangible property,
based whole, in part or derived from the object code, program,
software or source code.
1.7 You - The person who has the privilege to copy, modify,
translate or distribute the object code, program, software and
source code, subject to the terms and conditions of this General
Software License Agreement.
2.0 LICENSE
2.1 The copyright holder hereby extends a license to you to
use its copyrighted object code, program, software and source code,
subject to the terms and conditions of this General Software
License Agreement.
2.2 This license is applicable to the object code, program,
software and source code distributed under the terms of this
General Software License Agreement, any work containing the object
code, program, software or source code distributed under the terms
of this General Software License Agreement, any modification of the
object code, program, software or source code distributed under the
terms of this General Software License Agreement, any translation
of the object code, program, software or source code distributed
under the terms of this General Software License Agreement and any
work containing a modification or translation of the object code,
program, software or source code distributed pursuant to the terms
and conditions of this General Software License Agreement.
2.3 You may copy, modify, translate and distribute the object
code, program, software or source code distributed under the terms
of this General Software License Agreement, subject to the terms
and conditions of this General Software License Agreement.
2.4 If you copy, modify, translate or distribute the object
code, program, software or source code distributed under the terms
of this General Software License Agreement, you must publish and
make known in a clear and conspicuous manner on each copy,
modification, translation or distribution of the object code,
program, software or source code that the copy, modification,
translation or distribution of the object code, program, software
or source code is subject to the terms and conditions of this
General Software License Agreement and provide a copy of this
General Software License Agreement with each copy, modification,
translation or distribution of the object code, program, software
or source code.
2.5 If you derive, publish or distribute any work that is
based whole or in part on the object code, program, software or
source code distributed under the terms of this General Software
License Agreement, or any modification or translation thereof, you
must publish and make known in a clear and conspicuous manner on
each such work that the work is subject to the terms and conditions
of this General Software License Agreement and provide a copy of
this General Software License Agreement with each work.
2.6 If you copy, modify, translate or distribute the object
code, program, software or source code distributed under the terms
and conditions of this General Software License Agreement, you must
provide clear and conspicuous notice that you have copied,
modified, translated or distributed the object code, program,
software or source code distributed under the terms of this General
Software License Agreement, and indicate the date of each such
copy, modification, translation or distribution.
2.7 If you copy, modify, translate or distribute the object
code, program, software or source code distributed under the terms
of this General Software License Agreement, or publish or
distribute any work that is derived, in whole or in part, from any
copy, modification, translation or distribution of the object code,
program, software or source code distributed under the terms of
this General Software License Agreement, you cannot impose any
further obligations or restrictions on any third person or entity
other than what is contained in this General Software License
Agreement.
3.0 NO WARRANTY
3.1 THE OBJECT CODE, PROGRAM, SOFTWARE AND SOURCE CODE ARE
PROVIDED "AS IS" WITHOUT ANY WARRANT OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE OBJECT CODE, PROGRAM,
SOFTWARE AND SOURCE CODE IS WITH YOU. SHOULD THE OBJECT CODE,
PROGRAM, SOFTWARE AND SOURCE CODE PROVE DEFECTIVE, YOU ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
4.0 LIMITATION OF DAMAGES
4.1 IN NO EVENT WILL THE COPYRIGHT HOLDER OR ANY OTHER PERSON
OR ENTITY BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST
PROFITS, LOST SAVINGS, COMPENSATORY, GENERAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR THE INABILITY TO
USE THE OBJECT CODE, PROGRAM, SOFTWARE AND SOURCE CODE, EVEN IF THE
COPYRIGHT HOLDER OR ANY OTHER PERSON OR ENTITY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY.
5.0 MISCELLANEOUS
5.1 The article and paragraph headings appearing in this
General Software License Agreement have been asserted for the
purpose of convenience and ready reference. They do not purport to,
and shall not be deemed to define, limit, or extend the scope or
intent of the articles and paragraphs to which they pertain.
5.2 This General Software License Agreement embodies the
entire agreement respecting its subject matter. There are no
promises, terms, conditions or obligations other than those
expressly set forth herein. Unless otherwise expressly set forth
herein, this General Software License Agreement supersedes all
previous communications, representations, agreements, either verbal
or written, warranties, promises, covenants or undertakings.
5.3 This General Software License Agreement shall not be
modified, altered, amended or supplemented, except in writing
signed by all parties hereto.
5.4 This General Software License Agreement shall be governed
by the laws of the State of New Jersey.
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