License Terms for the Annotate Add-On for the IBM Rational ClearCase SCM Adapter
1 Definitions The effective date of this agreement is the date of the contract conclusion. This agreement defines the licensing terms for the following software products: - Annotate Add-On for the IBM Rational ClearCase SCM Adapter
This product will be referred to as the Program in this agreement. The Program is delivered with an online help that describes the features and their usage (the Documentation) A person who uses a full version or an evaluation version of the Program is referred to as a User. The non-time-limited and fully functional release of the Program is referred to as the Full Version. The time-limited, fully functional release of the Program and the non-time-limited, functionally limited release of the Program are referred to as Evaluation Versions.
2 Grant of License
2.1 User-based License
The licensee of the Full Version of the Program is granted a non-exclusive and perpetual right to use the Program on one or more computers and to make copies of it for that purpose. The Program can be installed on single-user or multi-user computers. For every User of the Full Version of the Program a license must be purchased.
The licensee of the Evaluation Version is granted a limited usage right in accordance with the preceding number one solely for the purpose of evaluation. 2.2 Creation of Backup Copies
The licensee is granted the right to create copies of the software for backup and archiving purposes.
3 Restrictions
3.1 Intellectual Property
The copyright for the Program is held exclusively by Plugin Smithy Software and subject to all the terms and license grants of this agreement Plugin Smithy Software remains the holder of the copyright for the Program and the Documentation.
It is expressly agreed that this license does not include ownership of or access to the Program’s source code but only the right-to-use as defined by this agreement.
3.2 Reverse Engineering and Confidentiality
Licensee agrees to not translate, disassemble, or reverse-engineer the Program, unless this is allowed by mandatory regulations of the applicable copyright law.
Licensee agrees to not redistribute or make publicly available any software received from Plugin Smithy Software. Licensee agrees to not redistribute or make publicly available the link to the Eclipse update site that is specifically provided for Licensee. 3.3 Updates If Licensee obtained the Program as an update of an earlier version or an upgrade of another product, it is provided to Licensee on a license exchange basis. By installing and using an updated or upgraded version of the Program Licensee agrees to terminate the license for the earlier version of the Program or the other product, respectively. Licensee will not continue to use the earlier version of the Program or the other product, and will not transfer it to another person or entity.
4 Warranty and Support 4.1 Performance of the Program Plugin Smithy Software warrants that the Program will perform substantially in accordance with the Documentation when used as directed in the Documentation. This warranty does not cover use of the Program in ways which are not covered in the Documentation (e.g., by calling undocumented functions, or by not obeying documented restrictions), or using modified copies of the Program unless such modifications have been authorized by Plugin Smithy Software.
Plugin Smithy Software warrants that it is owner of the Program with authority to license the Program to Licensee, and that the Program does not infringe third party intellectual property rights.
In the event the unmodified Program fails to satisfy this limited warranty, Plugin Smithy Software shall promptly, at its expense and in its discretion, (i) provide a correction or workaround for any reproducible errors which are reported by licensee, and deliver an updated version of the Program, or (ii) return a refund of any license fees paid pursuant to this agreement. In this event licensee will immediately terminate any use and distribution of the Program. The warranty period is twelve months from the effective date of this agreement.
Technical support as described above is available by e-mail only. Maintenance updates of the Program as indicated in section (i) do not extend the initial warranty period.
4.2 Limitations and Disclaimer In case of a breach of warranty in the aforementioned sense the foregoing states the sole and exclusive remedies for Plugin Smithy Software's breach of warranty. The foregoing warranty is in lieu of all other warranties or conditions, express or implied, and any implied warranty or condition of fitness for a particular purpose, merchantability, or merchantable quality.
5 Consequential Damages Waiver Liability of the licensor for simple negligence of contractual duties that are not duties of major contractual importance is excluded.
6 Applicable Law
German law under exclusion of conflict rules of international private law and under exclusion of United Nations Convention on Contracts for the International Sale of Goods applies to this contract.
The place of jurisdiction shall be Munich (LG München I).
Created: January 21, 2008 | 
