The following text is Attachmate's Software License Agreement for several current Reflection products. It is provided here for general reference only as an EXAMPLE of the terms under which Attachmate typically licenses its software products to customers. When you purchase software licenses from Attachmate, the actual license agreement applicable to the software is the license that accompanies the software delivery of the purchased product and version. [REMINDER: You cannot deploy a product or version other than the one you have purchased except under “Authorized Alternatives” rights.] Notes at the bottom of this page provide a quick guide on reading this example, and information on how to locate and view specific product/version license agreements.
ATTACHMATE® SOFTWARE LICENSE AGREEMENT
REFLECTION® FOR IBM® 2011;
REFLECTION® FOR UNIX AND OPENVMS 2011; or
REFLECTION® STANDARD SUITE 2011 R1:
IMPORTANT — READ CAREFULLY:
This constitutes a legal agreement ("Agreement") between you (either an individual representing yourself, or a legal entity that you represent as its employee or authorized agent) and Attachmate Corporation ("Licensor") with respect to the software, together with its included documentation, that you are receiving, accessing or installing ("Software"). Unless you have entered into a separate license agreement with Licensor, you accept and agree to be bound by this Agreement by (i) selecting the "accept" or "yes" option when an on-line process prompts you to accept this Agreement, or (ii) by installing, copying, downloading, accessing or otherwise using the Software. If you do not agree to the terms of this Agreement, Licensor is unwilling to license the Software to you. In such event: (i) you may not install, access or copy the Software, and you should promptly destroy any whole or partial copies of the Software in your possession; and (ii) you may receive a full refund by contacting your Software vendor within 30 days from your date of purchase to obtain instructions for return.
The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. Unless you have acquired the Software from Licensor or Licensor’s agent on an evaluation basis, any license granted by this Agreement relies on your license certificate(s) from Licensor, or your single-copy purchase documentation, identifying the software product and version, license type, unit count, and licensed person or entity. No rights are conveyed to you by your mere possession of a copy of this Agreement, the Software, or any access codes or keys enabling the Software. Any third-party software that is provided with the Software and that is associated with a separate license agreement is licensed to you under the terms of that license agreement (“Third Party Terms”), as referenced from the “General Information” section at the foot of this Agreement.
- LICENSE GRANT. Subject to (i) acceptance of and compliance with this Agreement and (ii) timely payment of all required payments, Licensor and its suppliers grant you a non-exclusive, non-transferable license to use the Software for internal business purposes in accordance with the applicable product use rights (“Product Use Rights”) as set forth in the Product Use Rights Appendix which is attached to this Agreement and incorporated by this reference. This license is subject to the following terms as applicable:
- COMPLIMENTARY AND TIME-LIMITED EVALUATION SOFTWARE. If the Software is provided to you as a "Complimentary" or "Comp" copy, then you may use a single copy of the Software for demonstration, test, or evaluation purposes only. If the Software is provided to you as an "Evaluation" copy, then you may install and use a reasonable number of copies of the Software for the Evaluation Period only, solely for evaluation and test purposes and not for production use. The "Evaluation Period" extends from your first installation of the Software to the earlier of (i) the date when the Evaluation version automatically ceases to function, or (ii) sixty (60) days after your first installation. At the end of the Evaluation Period, your license to the Evaluation version of the Software is automatically terminated. You may not extend the time limits of the Software in any manner.
- MAINTENANCE-ENTITLEMENT UPGRADE. If you received the Software as an entitlement under a Licensor support or maintenance program with regard to software previously licensed to you (“Prior Software”), then this paragraph applies to you. You may use the Software to replace your licensed unit count of the Prior Software on a one-for-one basis, such that the total number of Software and Prior Software units does not exceed the authorized licensed unit count for the Prior Software. Upon your first such replacement of Prior Software, this Agreement shall govern any surviving units of Prior Software for as long as such units survive, except that the product use rights terms of the original Prior Software license shall override the corresponding Product Use Rights terms of this Agreement. If you are not yet ready to deploy the Software, you may retain a copy of it for future use in accordance with the terms of this Agreement.
- OTHER UPGRADES OR REPLACEMENTS. If your license certificate characterizes the Software as an upgrade or migration from or competitive trade-in of other software previously licensed to you ("Subject Software"), then this paragraph applies to you. You must comply with any special instructions accompanying your license transaction for the Software, and you must destroy the Subject Software when you deploy the Software unless such accompanying instructions direct otherwise.
- VERSION RIGHTS AND AUTHORIZED ALTERNATIVES. This Agreement is specific to the Software (by product and version) that it accompanies, and you may not re-allocate your Software licensed unit count to another product or version except under express written permission from Licensor. Unless such permissions are granted in the Product Use Rights Appendix, they must be obtained via a separate written "Authorized Alternatives" agreement, which Licensor may elect to publish at www.attachmate.com/info/alternatives or may otherwise make available to you.
- SUITE PRODUCT EFFECTS. This paragraph applies if the Software has been delivered to you as a component product ("Component Product") of a "suite" product named on your license certificate (the "Suite Product"), and if the Suite Product does not have a corresponding PRODUCT section in the Product Use Rights Appendix. Your license certificate entitlement to the Suite Product gives you entitlement to the Component Product, as if the Component Product had also been named on the license certificate. The "Suites License Agreement" that you separately accept in the process of Component Product download or install will control the Suite Product licensed unit count available to the Component Product, and may address additional aspects of Component Product deployment in the context of the Suite Product.
- LIMITED USE RESTRICTIONS. If you acquired the Software subject to limited-use restrictions (e.g., limited use of certain functionality or options) established in separate documentation between you and Licensor, or if you acquired the Software as a modification to or replacement of prior software which is so restricted, then (i) notwithstanding any terms to the contrary in the Product Use Rights Appendix, you may only install, access or use the Software in such limited manner and (ii) in interpreting the Product Use Rights Appendix, you must apply the restrictions in the broadest possible manner.
- OTHER RIGHTS AND LIMITATIONS. Except as otherwise expressly provided in this Agreement or the applicable Product Use Rights, the following rights and limitations apply:
- RESERVATION OF RIGHTS. Licensor reserves all rights not expressly granted under this Agreement.
- LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, or otherwise attempt to discover its source code, except and only to the extent that such activity is required to be permitted by applicable law.
- COPIES. You may not copy the Software, or any portion thereof, except as allowed by the applicable Product Use Rights and except to make one copy for institutional backup or archival purposes. Any such backup or archival copy must not be installed except as part of a recovery event. You must include all copyright notices and other proprietary rights legends on each copy of the Software.
- SEPARATION OF COMPONENTS. The Software is licensed as a single product, whose component parts (i) may not, under a single licensed unit, be separated for installation or use on more than one computer, except in accordance with the Product Use Rights applicable to your license(s) and the Software documentation and (ii) may not be operated in a manner that exposes the Software-imbedded functionalities for general-purpose use beyond the scope of the Software as represented in the Software documentation.
- RENTAL AND HOSTING. You may not rent, lease, sell, sublicense or lend the Software. You may not use the Software to provide commercial hosting services.
- TRANSFER. You may not transfer the Software or assign your rights or obligations under this Agreement (including an assignment or any other transfer by operation of law) to any person or entity without the prior written consent of Licensor.
- PERFORMANCE DISCLOSURE. You shall not disclose the results of any performance, functionality or other evaluation or benchmarking of the Software to any third party without Licensor's prior written consent.
- LANGUAGE VERSIONS. If the Software as provided to you includes more than one language version of the same software product, you may use any of the language versions, and each deployment of any language version will consume a licensed unit.
- NOTE ON JAVA SUPPORT. If the Software product you acquired contains programs written in Java, you acknowledge that the Software is not designed or licensed for use in on-line control equipment in hazardous environments, such as operation of nuclear facilities, aircraft navigation or control, or direct life-support machines. You warrant that you will not use the Software for such purposes.
- UPDATES, UPGRADES AND MAINTENANCE
(i) An “Update” is supplemental code (sometimes referred to as a patch, fix, modification, enhancement, or service pack) that addresses one or more specific issues in the Software; it is considered part of the Software and is subject to the terms and conditions of this Agreement unless accompanied by its own terms. You may use an Update only if Licensor has authorized you to do so and only for your licensed copies of the Software for which the authorization was given.
(ii) An "Upgrade" is a successor release to the Software, generally represented by a change in the product version number (e.g., from x.x to x.y or to y.y) and intended to replace the Software. In order to obtain license to an Upgrade, you must purchase such Upgrade for all licensed copies of the product or be entitled to the Upgrade by having a current maintenance plan with Licensor for all licensed copies of the product. An Upgrade is governed by the software license agreement that accompanies it.
(iii) Except as provided under either the Limited Warranty remedies set forth below or a Licensor product offering that you separately purchase, Licensor is under no obligation to provide Upgrades, Updates, or maintenance or support services to you. Should Licensor offer maintenance plan subscriptions and/or Upgrade licenses for the Software, Licensor is entitled to require that maintenance plan and Upgrade purchases must include all licensed units of a product. Maintenance plan subscriptions, if offered, shall be payable in advance for the period of coverage and shall be non-refundable.
- TERMINATION. If you breach any term of this Agreement, Licensor may terminate this Agreement without waiving any other Licensor rights or remedies. If Licensor terminates this Agreement, you must destroy all copies of the Software and, on request of Licensor, certify destruction. If you breach the terms of this Agreement such that Licensor may have no adequate remedy in money or damages, Licensor may immediately seek an injunction against such breach without waiving any other Licensor rights or remedies.
- VERIFICATION. Licensor has the right to verify your compliance with this Agreement. You agree to:
- Implement internal safeguards to prevent any unauthorized copying, distribution, installation, or use of, or access to, the Software;
- Keep records sufficient to certify your compliance with this Agreement (including its Product Use Rights Appendix), and, upon request of Licensor, provide and certify metrics and/or reports based upon such records and account for both numbers of copies (by product and version) and network architectures as they may reasonably relate to your licensing and deployment of the Software; and
- Allow a Licensor representative or an independent auditor ("Auditor") to inspect and audit your computers and records, during your normal business hours, for compliance with the licensing terms for Licensor’s software products. Upon Licensor’s and Auditor’s presentation of their reasonable written commitment(s) to safeguard your confidential information, you shall fully cooperate with such audit and provide any necessary assistance and access to records and computers. If an audit reveals that you have or at any time have had unlicensed installation, use of, or access to the Software, you will, within 30 days, purchase sufficient licenses to cover any shortfall without benefit of any otherwise applicable discount and subject to license fees reflecting the duration of the shortfall. If a material license shortfall of 5% or more is found, you must reimburse Licensor for the costs incurred in the audit.
- EXPORT. You are responsible for complying with all trade regulations and laws both foreign and domestic. You acknowledge that this Software may only be exported or re-exported in accordance with U.S. Government Export Administration Regulations. Without authorization from the U.S. Government, you may not export or re-export the Software (i) to any prohibited country, person, entity, or end-user as specified by U.S. export controls or (ii) for use in the design, development or production of nuclear, chemical, or biological weapons, or missile technology, or any other prohibited use. You warrant and represent that neither the Bureau of Industry and Security of the U.S. Commerce Department nor any other U.S. Government entity or agency has suspended, revoked or denied, in whole or in part, your export privileges. For current information on U.S. export requirements and restrictions visit www.bis.doc.gov/.
- LICENSE RIGHTS APPLICABLE TO THE U.S. GOVERNMENT. Licensor is providing commercial off-the-shelf Software developed at private expense and made available to the commercial market pursuant to Licensor’s commercial license terms and conditions. By accepting delivery of, installing, or using the Software, the U.S. Government or its prime contractor or subcontractor (at any tier) hereby agrees that notwithstanding anything to the contrary, and to the maximum extent possible under federal law, Government’s rights in the Software acquired in accordance with FAR Part 12 or DFAR 227.7202-4, including rights to use, modify, reproduce, release, perform, display or disclose the Software, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement and no other license terms shall be incorporated into this Agreement except by authorized mutual written consent.
- GOVERNING LAW AND ATTORNEYS' FEES. This Agreement is governed by the laws of the State of Washington, USA, excluding its conflict of laws rules, and specifically excluding the United Nations Convention on Contracts for the International Sale of Goods. If you acquired this Software in a country outside of the United States, that country's mandated laws shall apply. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party will be entitled to recover its costs, including reasonable attorneys' fees.
- ENTIRE AGREEMENT. This Agreement in combination with the Software’s associated license certificate(s) constitutes the entire agreement between you and Licensor with respect to the Software, and replaces all other agreements or representations, whether written or oral. The terms of this Agreement cannot be modified by any terms in any printed forms used by you in performing the Agreement, and can only be modified by express written consent of both parties, except that the following actions by you shall have the effect of modifying the Agreement: (i) you may accept a Licensor offer document (such as a quotation) containing offer-specific licensing terms; and/or (ii) you may accept new license terms containing specific language which supersedes this Agreement upon your deployment of an Upgrade or other such specified action. Failure by Licensor to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. If any part of this Agreement is held to be unenforceable as written, it will be enforced to the maximum extent allowed by applicable law, and will not affect the enforceability of any other part. The original of this Agreement is in English. If it is translated into another language, the English language version shall prevail.
- THE FOLLOWING LIMITED WARRANTY ON THE SOFTWARE IS INCORPORATED INTO THIS AGREEMENT BY REFERENCE.
YOUR JURISDICTION may not allow limitations on warranties or limitations on or exclusion of damages, and in such case the relevant limitations set forth below may not apply to you.
LIMITED WARRANTY. For a period of ninety (90) days from the date Licensor first delivers the Software to you, Licensor warrants that (a) the unmodified Software will perform substantially in accordance with its included documentation when used as directed and (b) Licensor media and electronic delivery packages will be free of physical and electronic defects. Any implied warranties are limited to the 90-day period. This Limited Warranty is void if failure of the Software has resulted from modification, accident, abuse, or misapplication. This Limited Warranty does not apply to any Complimentary or Evaluation versions of the Software, which are provided “AS IS” with no warranty whatsoever.
YOUR EXCLUSIVE REMEDY. The entire liability of Licensor and its suppliers and your exclusive remedy arising from a breach of the limited warranty is, at Licensor’s option, either repair or replacement of the nonconforming Software, or return of the price you paid for the nonconforming Software. To be entitled to this remedy you must return all nonconforming Software to Licensor, along with your proof of purchase, within the warranty period. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by Licensor are available without proof of your purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE FULL EXTENT PERMITTED BY LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT.
LIMITATION OF LIABILITY. LICENSOR AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF LICENSOR AND ITS SUPPLIERS UNDER THIS AGREEMENT AND LIMITED WARRANTY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR TECHNICAL SUPPORT THAT CAUSES THE DAMAGE.
IF YOU ARE A LICENSEE IN EUROPE, THE MIDDLE EAST, OR AFRICA, then notwithstanding anything to the contrary in this agreement, the limitations of liability in this Agreement shall not exclude Licensor’s liability for (i) death or personal injury caused by its negligence or the negligence of its employees, agents, or subcontracts, (ii) breach of any implied terms as to title or quiet possession of the Software, or (iii) fraudulent misrepresentation.
ATTACHMATE PRODUCT USE RIGHTS APPENDIX
COMMON TERMS - ALL PRODUCTS
- DEFINITIONS: As used in this appendix, "Software" means a specific Attachmate software product named below for which you have a license certificate as described in the Agreement, or which you received from Licensor as an Upgrade. As used in this appendix “product license type” means the fully qualified certificate description of the Software such that the licensed unit count can be applied. For clarity: Descriptors such as ‘user’, ‘server’ or ‘non-production’ may be part of the product license type. Unless defined in this appendix, capitalized terms have the meaning given elsewhere in the Agreement or, if not defined in the Agreement, refer to terms used in purchase confirmation documents or in product documentation, as the case may be.
- STANDARD TERMS: Use the Software family-name headers and the product name and license type tags below (as applicable) to locate the Product Use Rights terms applicable to the Software. Your usage of the Software must be consistent with such terms and with the unit count on your license certificate. Product use rights terms below for other license types or products do not apply to you.
- OTHER PRODUCT LICENSE TYPES: If your product license type does not appear below, then your usage rights must rely on (i) a separate license agreement with Licensor for your product license type or (ii) an addendum document that has the effect of inserting your product license type into this appendix and that is provided to you by Licensor in association with a purchase or upgrade transaction that entitles you to such product license type.
- LIMITED USE RESTRICTIONS REMINDER: Your rights may be limited by restrictions which were part of your Software license acquisition, as described in the License Grant section of the Agreement.
REFLECTION® FOR IBM® 2011;
REFLECTION® FOR UNIX AND OPENVMS 2011; or
REFLECTION® STANDARD SUITE 2011:
- LICENSE TYPE: DESKTOP:
- You must acquire and dedicate a desktop license (i) for each device (including virtual machines and portable-storage devices) on which the Software or any component of the Software is installed or loaded in the permanent or temporary memory of the device and (ii) for each additional end-user device (including virtual machines) through which a copy of the Software could be accessed for interactive use. Notwithstanding the foregoing, you may create copies of the Software on network storage devices and on server-class computers for the sole purpose of serving your licensed devices, and such copies will not consume license count.
- Person exception: Notwithstanding the foregoing, the primary user of a licensed device may, under that same desktop license and not simultaneously, (i) use any device to operate such primary-user licensed device remotely; (ii) operate one designated home or portable device as an alternative primary device (which alternative primary device may have an additional copy of the Software); and (iii) operate the Software from outside of your corporate network via devices which are not primarily used for your business purposes (for example, personal and public devices).
- Not licensed for: This license type does not permit the usage models (among others) commonly known as concurrent use, common image with activation, and operation of the Software as middleware. Prohibition of operation as middleware means that the Software may not be deployed for the purpose of providing automated, unattended communications and/or services to other applications or devices.
- FOR CLARITY regarding the product above, and not as an amendment or addendum to the terms above: This product is licensed for interactive use by end users, focusing primarily on the end-user devices through which access to the Software occurs (or could occur) within your network, regardless of the location of the Software and the network path to it. In addition to traditional desktops, devices which could require a desktop license include hand-helds, laptops, and PC-based virtual machines - in general, any current or future technology which combines an operating system and interactive facilities (such as keyboard and screen) to support end-user operation of the Software. Your Software deployment architecture and your network policies will determine which devices require a license.
Attachmate, the Attachmate logo, and Reflection are registered trademarks of Attachmate Corporation in the USA. IBM is a registered trademark of International Business Machines Corporation. All other trademarks, trade names, or company names referenced herein are used for identification only and are the property of their respective owners.
Licensor: Attachmate Corporation, 1500 Dexter Avenue North, Seattle, Washington 98109 United States of America.
Third Party Terms and notices (if any) are delivered with the Software in a ‘thirdpartynotices’ file in a root directory and/or are included in the documentation or online Help. A copy of the Third Party Terms will be provided on request.
SLA BASE VERSION: 2010.03
The text above is an EXAMPLE of the terms under which Attachmate typically licenses its software products to customers, provided here for general reference only. Any Attachmate software that you receive will be accompanied by its governing license agreement, and that license agreement may differ from the license agreement for another Attachmate product, or for a prior or successor release of the same product. [REMINDER: You cannot deploy a product or version other than the one you have purchased except under “Authorized Alternatives” rights.] Note: Even if your organization acquires software under a special signature agreement with Attachmate, that special agreement is likely to reference the software license agreement accompanying the software.
Quick guide to the example above: This license agreement is constructed as a base portion containing generic Attachmate terms and a Product Use Right Appendix containing details specific to the named products. The base portion is versioned. It includes both industry “boilerplate” terms and Attachmate “policy” terms reflecting Attachmate’s practices in managing customer entitlements and upgrades, and may be common to a number of different Attachmate product and version license agreements. In this example, the Product Use Rights Appendix is a relatively simple one, as the products all share a single licensing model. In other license agreements, this section may cover several related product offerings with differing license models.
You can view a specific Attachmate license agreement in one of the following ways:
- If you download a newly-purchased product, the license agreement is made available to you prior to download. Hint: The “Print” option on the license-display page may display a better-formatted version.
- If you are a licensee of an Attachmate product, and you wish to locate the license agreement in the product after download, you may find it in the root directory of the software package, or you may be able to launch an install process that displays it. If you wish to locate the license agreement after product installation, you may find it in the root directory of the installed product, or you may be able to display it from a product About box. It is Attachmate practice to include the license in the product package, although the location may vary depending on the product technology.
- If you are a maintained customer, and if the license agreement of interest to you is for a recent product release, you may be able to view it by logging in to the Technical Support website and following a product-download path as far as the download page – where you can click-display the license agreement (without downloading anything), and then select “print” to see a better-formatted presentation.
- If your product is an older version, or is not delivered through an electronic download process, you may have received the license agreement in paper form in the original product package.
- You may request a copy of the license agreement for a current product, or for a past product that you have licensed, by contacting your sales representative and supplying the full product name and version of the product of interest.