jSMS Software License Agreement
IMPORTANT-READ CAREFULLY: This Software License Agreement ("SLA") is a legal
contract between you and object XP ("OXP") that specifies your rights and
obligations regarding the jSMS software, and other related materials
("Software"). As part of the product order process, you will be asked to accept
and be bound by the terms and conditions of this SLA. Carefully read the
following terms and conditions before installing or using the Software. If you
have previously signed a separate SLA with OXP, or with a OXP authorized agent/
distributor, the terms and conditions of that agreement shall govern. You
expressly agree that any varying or additional terms contained in any purchase
order or any other written notification or document issued by you in relation
to the Software licensed hereunder shall be of no effect.
If you do not agree with the terms and conditions of this SLA, do not install
or use the Software, and promptly delete and destroy all copies of the Software
in your possession. After providing prompt written certification that you have
not used the Software and have destroyed all copies in your possession, you
will receive a refund from the OXP division or distributor organization that
you originally purchased the Software from.
UPON DOWNLOADING, INSTALLING OR USING ANY COPY OF THE SOFTWARE, YOU ACKNOWLEDGE
AND CONFIRM YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SLA.
1. SOFTWARE PRODUCTS AND LICENSE GRANT VERSIONS.
The OXP jSMS product is available in three versions:
A) limited use, thirty (30) day Evaluation trial version
B) full use, Commercial development version
C) full use, Commercial runtime version
This SLA governs all OXP product lines and all versions of those products.
The Commercial Versions b) and c) requires you to pay a license fee. The
Trial & Evaluation version are provided without charge (but do not constitute
"free" software) and are subject to the terms and conditions of this SLA.
A. Trial Version Software. Subject to this SLA, OXP grants you a limited,
non-exclusive, non-transferable, non-assignable, non-sub-licensable license to
download, install and use the Software on evaluation period of thirty (30) days;
you agree not to circumvent this limitation by any means, including
modifying the Software or its configuration files.
You may use this Software solely to evaluate its applicability to your
internal processing or application development requirements. At the end of the
evaluation period, this license shall terminate and you must discontinue use.
The Trial Version may not be used for any commercial development, deployment
or production purposes as these activities require a Commercial and
Development Versions license, which may be obtained via the OXP web site or by
contacting a OXP account representative.
B. Development Version Software. Subject to this SLA, OXP grants you a
limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable
license to download, install and use one (1) copy of the Software. You may use
this Software solely to develop applications on a single computer. The
Development Version may not be used for any commercial deployment or production
purposes, as these activities require a Commercial Runtime Version license,
which may be obtained via the OXP web site or by contacting a OXP account
representative. The Development Version is limited to processing 2000 short
messages (SMS) and/or a maximum runtime of 24 Hours. Exceeding this limit
requires a restart of the Java Virtual Machine (JVM).
C. Commercial Runtime Version Software. Subject to this SLA, OXP grants you a
limited, non-exclusive, non-transferable, non-assignable, non-sub-licensable,
fee-bearing license to distribute and install the runtime component of
jSMS to end users, on one Java Virtual machine (JVM) per license.
2. USE OF SOFTWARE.
In addition to the license grant rights under Section 1, you may (I) transfer
the Software from one computer to another provided you delete the Software from
the first computer and promptly provide written notice to OXP if the new
computer requires additional Runtime licenses, however, you may not install the
Software on more than one computer at any given time without prior written
permission from OXP; (II) install and deploy the Software on computers if the
number of runtime licenses are the same or fewer than the number of licenses
for which you have properly licensed and paid; (III) make one (1) machine-
readable copy of the Software including copyright notices for archival purposes;
and (IV) make copies of the Software as part of normal backup procedures. Except
as explicitly stated in this paragraph, OXP reserves all other rights not
expressly granted to you.
You agree not to (I) modify, port, translate, reverse engineer, disassemble,
de-compile, derive source code, or create derivative works based on, nor permit
any other party to derive or attempt to derive the source code of the Software
by any means; (II) copy the Software except as stated above; (III) remove, or
allow to be removed, any OXP or its Licensors copyright or other proprietary
rights notice from any Software; (IV) take any action that causes the Software
to be placed in the public domain; (V) use the Software to develop an
application having the same primary function as the Software; (VI) sell, lease,
rent, transfer or assign the Software to others or grant others the right to use
it; (VII) market, distribute or sublicense copies of the Software to others
(unless a separate VAR/OEM or Reseller Agreement is effective); or (VIII) use
the Software for third-party training, commercial time-sharing, rental or
service bureau purposes.
3. OWNERSHIP OF THE SOFTWARE.
Title, ownership and all intellectual property rights in and to the Software
belong exclusively to OXP and its licensors (which licensors shall have third
party beneficiary rights to the extent permitted by applicable law). You agree
to look only to OXP for any damages or other remedy relating to the Software.
The Software is protected by Swiss copyright laws, other intellectual property
laws and international treaties. Unauthorized copying of the Software is
expressly prohibited.
4. LIMITED WARRANTIES
4.1 OXP jSMS Trial and Evaluation Version Software. OXP provides no
warranties or remedies, whether express or implied, for the trial and evaluation
versions. The Software is provided "AS IS".
4.2 OXP jSMS Commercial Version Software. OXP warrants that (I) it has
full right to enter into and perform this SLA; (II) to the best of OXP's
knowledge, the Software does not violate any intellectual property rights of a
third party under applicable patent or copyright laws.
4.3 EXCEPT FOR THESE EXPRESS LIMITED WARRANTIES, YOU ACCEPT THE SOFTWARE "AS IS",
WITH NO OTHER WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, OR IMPLIED
BY STATUTE, COMMON LAW, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OXP makes no
representations, warranties, conditions or guarantees that the Software, (I) will
satisfy your requirements or function without interruption, errors or defects,
(II) the results that may be obtained from the use of the Software or materials
will be effective, accurate or reliable, and (III) the applications developed
with the Software or regarding Software which has been modified or altered by any
party other than OXP or to any problems caused by computer hardware or operating
systems. Some states or jurisdictions do not allow the exclusion of implied
warranties; therefore the warranty language above may not apply to you. In such
case, OXP's liabilities shall be limited by the provision below.
5. LIMITATION OF LIABILITY
IN NO EVENT WILL OXP OR ITS LICENSORS BE LIABLE FOR INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION OR
LOST PROFITS) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OXP'S TOTAL
LIABILITY TO YOU OR ANY THIRD PARTY FOR A CLAIM OF ANY KIND RELATED TO THIS SLA,
WHETHER FOR BREACH OF CONTRACT OR WARRANTY, STRICT LIABILITY, NEGLIGENCE OR
OTHERWISE, SHALL NOT EXCEED THE AMOUNT OF LICENSE FEES PAID TO OXP FOR THE
SOFTWARE INVOLVED IN THIS CLAIM. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF
THE TRANSACTIONS UNDER THIS SLA MAY BE BROUGHT BY YOU MORE THAN ONE YEAR AFTER
THE EVENTS WHICH GAVE RISE TO THE CAUSE OF ACTION OCCURRED.
6. TERMINATION
This SLA is effective until terminated. You may terminate this SLA at any time by
destroying all copies of Software. This SLA will terminate immediately without notice from OXP
if you fail to comply with any provision of this SLA. Upon Termination, you must destroy
all copies of Software.
7. MISCELLANEOUS
7.1 OXP reserves the right at any time to cease the support of the Software,
and to alter prices, features, specifications, capabilities, functions,
licensing terms, release dates, general availability, or other characteristics
of the Software.
7.2 This SLA may not be assigned by you without written consent of OXP.
Notwithstanding the above, this SLA shall be binding upon and inure to the
benefit of the successors or assigns of the parties.
7.3 This SLA contains the entire agreement and understanding between the
parties with respect to its subject matter, and supersedes all prior or
contemporaneous agreements, negotiations, proposals and communications between
the parties on this subject matter. All modifications to this SLA must be in
writing and signed by both parties. This SLA takes precedence over any purchase
order issued by you, which is accepted by OXP for administrative convenience
only. If any court of competent jurisdiction determines that any provision of
this SLA is invalid, such portion shall be deemed eliminated and the remainder
of this SLA shall remain in effect in accordance with its terms as modified by
such deletion. If there is conflict between this SLA and the End User License
Agreement in the Software package, the terms of this SLA shall prevail. Failure
or delay of either party to exercise any right or remedy hereunder shall not
constitute a waiver of rights or remedies under this SLA.
object XP AG, 1/9/2020