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Accept the Commercial License Agreement
Please read the license agreement and click ACCEPT at the bottom of the page.
This software is licensed according to the provisions of the Mbedthis AppWeb Commercial License below. Open Source licenses are also available for those who prefer them. See the Licensing information for details about which license best suits your needs.
This is a License AGREEMENT ("AGREEMENT") between Mbedthis Software LLC. ("MBEDTHIS"), and you ("CUSTOMER").
1. AGREEMENT
By installing or otherwise using the software package you acknowledge that you have read this AGREEMENT, understand it and agree to be bound by all its terms and conditions.
2. Definitions
a. "SOFTWARE" means the software identified above in binary form including all source code, headers, documentation and data files, including all updates.
b. "PROJECT" means a CUSTOMER development project that utilizes the SOFTWARE on a single CPU and ASCI architecture, with a common source code base.
2. License to Use
a. Subject to the terms and conditions of this AGREEMENT, you are hereby granted a limited, non-exclusive, nontransferable right to use and reproduce the ("SOFTWARE") for use by a single project ("PROJECT").
b. Term of License: If you have not purchased a license for this SOFTWARE, or if you fail to comply with any provision of this AGREEMENT, the license to use the SOFTWARE will terminate automatically without notice or further act from MBEDTHIS. You may terminate this license at any time by providing MBEDTHIS written notice stating the effective date of the termination and by destroying the SOFTWARE and any copies you have made. Upon request by MBEDTHIS, you will certify in writing that all SOFTWARE has been destroyed. If this license is terminated for any reason by either party: (1) you are not entitled to a refund of the whole or any part of the license fees paid; and (2) you must destroy the SOFTWARE and any copies you have made.
c. You agree not to export or re-export the SOFTWARE or any copy or adaptation in violation of the US Export Administration regulations or other applicable regulation.
3. Copyright and Other Laws
The SOFTWARE is owned by MBEDTHIS and is protected by international copyright, trademark and any other applicable laws. You must comply with the terms of the copyright notice in the SOFTWARE and must never remove any notice or product identification from the SOFTWARE or the accompanying documentation. You acknowledge that MBEDTHIS owns the Mbedthis and AppWeb trademarks and logos.
4. Warranties and Limitations
a. Limited Warranty: If media is provided, MBEDTHIS warrants that the media in which the SOFTWARE is recorded are free from defects in materials and faulty workmanship under normal use for a period of 90 days from the date of purchase (as evidenced by a copy of the receipt). During this warranty period, MBEDTHIS will, at its option either: (1) return the price paid; or (2) repair or replace, free of charge, the defective media upon which the SOFTWARE has been supplied.
b. Updates, Upgrades and Software Changes: You agree that the SOFTWARE does not include updates and upgrades which may be available from MBEDTHIS under a separate support agreement. MBEDTHIS reserves the right at any time not to release or to discontinue release of any SOFTWARE and to alter prices, features, specifications, capabilities, functions, programming interfaces licensing terms, release dates, general availability or other characteristics of the SOFTWARE.
c. No Other Warranties: MBEDTHIS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATED TO THE SOFTWARE, ITS USE OR ANY INABILITY TO USE IT, THE RESULTS OF ITS USE AND THIS AGREEMENT. The SOFTWARE, and any accompanying written materials, are supplied "AS IS", without warranty of any kind (other than the limited warranty contained in clause 4.a). MBEDTHIS does not warrant, guarantee or make any representations regarding the use of or the results of the use of the SOFTWARE or as to its correctness, accuracy, reliability, currentness or otherwise. The entire risk as to results and performance of the SOFTWARE is assumed by you. Where legislation does not permit such exclusion of liability, MBEDTHIS's liability is limited to: (1) replacement of the SOFTWARE; or (2) correction of defects in the SOFTWARE, at its option.
d. No Liability for Consequential Damages: In no event shall MBEDTHIS or any of its authorized representatives be liable to you for any damages (including, damages for loss of business profits, business interruption and loss of business information or computer programs) because of your use or inability to use the SOFTWARE, even if MBEDTHIS has been advised by you of the possibility of such damages. In any event, MBEDTHIS's entire liability under any provision of this AGREEMENT shall be limited to the amount actually paid by you for the SOFTWARE.
e. Limitation of Liability: In no event shall MBEDTHIS be liable for any damages, whether in contract or tort (including negligence), including but not limited to direct, consequential, special, exemplary, incidental and indirect damages or any claims described in Section 12 below, arising out of or in connection with this AGREEMENT or the use, the results of use, or the inability to use the SOFTWARE, even if MBEDTHIS has been advised of the possibility of such damages. You agree that you shall have the sole responsibility for protecting your data, by periodic standby or otherwise, used in connection with the SOFTWARE.
5. Indemnification
MBEDTHIS shall defend, at its expense, any claim, lawsuit or related action brought against you alleging that your use of the SOFTWARE in accordance with this AGREEMENT infringes a United States patent or copyright, and shall pay all costs and damages finally awarded in any such action (and reasonable attorneys' fees incurred in such action), provided that MBEDTHIS is given prompt written notice of such claim, any information in your possession related to such claim, reasonable assistance by you and sole authority to settle or defend such claim. Notwithstanding for foregoing, MBEDTHIS shall not have any liability or obligation under this Section 5 to the extent that the alleged infringement is based upon the use of the SOFTWARE in combination with any other computer programs or technology not licensed by MBEDTHIS to you.
6. No Assignment
Neither you nor MBEDTHIS may assign or otherwise transfer in any way any of the rights or obligations arising out of this AGREEMENT without the prior written consent of the other party (except that MBEDTHIS may transfer this AGREEMENT to any successor in connection with any transfer of all or substantially all of MBEDTHIS's assets or any party that acquires voting control of MBEDTHIS in any merger, acquisition or reorganization).
7. US Government Restricted Rights
The SOFTWARE provided under this License AGREEMENT is commercial computer software developed exclusively at private expense, and in all respects are proprietary data belonging solely to MBEDTHIS.
a. Department of Defense End Users: If the SOFTWARE is acquired by or on behalf of agencies or units of the Department of Defense (DOD), then, pursuant to DoD FAR Supplement Section 227.7202 and its successors (48 C.F.R. 227.7202) the Government's right to use, reproduce or disclose the SOFTWARE and any accompanying documentation acquired under this License AGREEMENT is subject to the restrictions of this AGREEMENT.
b. Civilian Agency End Users: If the SOFTWARE is acquired by or on behalf of civilian agencies of the US Government, then, pursuant to FAR Section 12.212 and its successors (48 C.F.R. 12.212), the Government's right to use, reproduce or disclose the SOFTWARE and any accompanying documentation acquired under this License AGREEMENT is subject to the restrictions of this License AGREEMENT.
8. Notices
Any notice required or permitted by this AGREEMENT shall be in writing and shall be deemed sufficient (a) upon receipt, when delivered personally or by courier, overnight delivery service or confirmed facsimile, (b) one (1) day after e-mail transmission via Internet (with a copy by first-class certified or registered mail, postage prepaid on the first business day after transmission) or (c) forty-eight (48) hours after being deposited in the regular mail as certified or registered mail (airmail if sent internationally) with postage prepaid, provided in each case that such notice is addressed to the party's address, facsimile number or e-mail address as set forth below, or as subsequently modified by written notice.
Send all notices to:
MBEDTHIS, LLC.
9440 Lake Washington Blvd. NE
Bellevue WA 98004
USA
9. Severability
If one or more provisions of this AGREEMENT are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith, in order to maintain the economic position enjoyed by each party as close as possible to that under the provision rendered unenforceable. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such a provision, then (a) such provision shall be excluded from this AGREEMENT, (b) the balance of the AGREEMENT shall be interpreted as if such provision were so excluded and (c) the balance of the AGREEMENT shall be enforceable in accordance with its terms.
10. Entire AGREEMENT
This AGREEMENT contains the entire agreement between you and MBEDTHIS and supersedes all prior agreements, negotiations or other communications between the parties relating to the SOFTWARE.
11. Applicable Law
This AGREEMENT will be governed by the laws of the State of Washington, USA and the parties submit to the non-exclusive jurisdiction of the courts of that state.
If you have questions regarding the license please send mail to .
I have read the license agreement and accept its terms:
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