Habanero 2.6.0


EULA - End User License Agreement



END USER LICENSE AGREEMENT FOR CHILLISOFT'S HABANERO ENTERPRISE APPLICATION FRAMEWORK SOFTWARE.

IMPORTANT-READ CAREFULLY: This Chillisoft Solution Services (LTD) PTY (“Chillisoft”) End-User License Agreement ("EULA") is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this EULA as "You") and Chillisoft for the Habanero Enterprise Application Framework (“Habanero”), including any associated media, printed materials and electronic documentation (the "Software Product"). The Software Product also includes any software updates, add-on components, web services and/or supplements that Chillisoft may provide to You or make available to You after the date You obtain Your initial copy of the Software Product to the extent that such items are not accompanied by a separate license agreement or terms of use. By installing, copying, downloading, accessing or otherwise using the Software Product, You agree to be bound by the terms of this EULA. If You do not agree to the terms of this EULA, do not install, access or use the Software Product.

The runtime libraries shipped with the Software Product are royalty free and can be distributed with applications You create with the Software Product or with applications which include any form of output from the Software Product royalty free. These distributed applications require a copy of the valid license file distributed to You at the time You purchased the product, unless the Software Product was obtained as a trial copy. If this license file has not been copied to the appropriate software directories on Your system or that of the distributed application, such libraries will cease to work after 30 days from the purchase date of the Software Product. Any attempt by You to configure or alter the Software Product or the license file or the computer system environment on which the Software Product is installed, in order to extend the period of usage, will be considered a breach of the terms of this EULA.

The source code distributed with this installation is provided under the terms of the GNU Lesser General Public License. This package will contain a copy of the license in the files labelled COPYING and COPYING.LESSER, which describe the terms of this license in full. You can additionally read these terms on the website .

SOFTWARE PRODUCT LICENSE
The Software Product is protected by intellectual property laws and treaties. The Software Product is licensed, not sold.

1. GRANT OF LICENSE. This Section of the EULA describes Your general rights to install and use the Software Product. The license rights described in this Section are subject to all other terms and conditions of this EULA.

General License Grant to Install and Use Software Product. The Software Product is licensed to You on a Per Seat License basis. This means that You may perform a single install of the Software Product on a single computer, restricting the use of such computer to one concurrent developer per purchased license. You may not network the Software Product or any component part of it, where it is or may be used by more than one developer unless you obtain an additional license for each developer. You must obtain another separate license in order to add additional developer seats if the additional developers are accessing the Software Product on a computer network. Developers using the code generated by the Software Product, but not using the Software Product itself, do not need a license.

Reservation of Rights. All rights not expressly granted are reserved by Chillisoft.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Copy Protection. The Software Product may include copy protection technology to prevent the unauthorized copying of the Software Product. It is illegal to make unauthorized copies of the Software Product or to circumvent any copy protection technology included in the Software Product.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software Product, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Trademarks. This EULA does not grant You any rights in connection with any trademarks or service marks of Chillisoft or Habanero.

No rental, leasing or commercial hosting. You may not rent, lease, lend or provide commercial hosting services to third parties with the Software Product.

Support Services. Chillisoft may provide You with support services related to the Software Product ("Support Services"). Use of Support Services is governed by the Chillisoft policies and programs described in the user manual, in "online" documentation, or in other Chillisoft-provided materials. Any supplemental software code provided to You as part of the Support Services are considered part of the Software Product and subject to the terms and conditions of this EULA. You acknowledge and agree that Chillisoft may use technical information You provide to Chillisoft as part of the Support Services for its business purposes, including for product support and development. Chillisoft will not utilize such technical information in a form that personally identifies You.

Software Transfer. The initial licensee of the Software Product may not make a permanent transfer of this EULA and Software Product to any other legal entity. Notwithstanding the foregoing, the Licensee of the Software Product may assign this EULA and transfer the Software Product to any affiliate of Licensee or to any third party who acquires all or a substantial portion of Licensee's business or assets, provided that Licensee must first give Licensor prior written notice of such assignment and transfer, which notice shall include the name and address of the new licensee.

Termination. Without prejudice to any other rights, Chillisoft may terminate this EULA if You fail to comply with the terms and conditions of this EULA. In such event, You must destroy all copies of the Software Product and all of its component parts.

3. UPGRADES.

Standard Software Product. If the Software Product is labeled as an upgrade, You must be properly licensed to use a product identified by Chillisoft as being eligible for the upgrade in order to use the Software Product. A Software Product labeled as an upgrade replaces or supplements (and may disable) the product that formed the basis for Your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this EULA.

4. INTELLECTUAL PROPERTY RIGHTS. All title and intellectual property rights in and to the Software Product (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Chillisoft or its suppliers. All title and intellectual property rights in and to the content that is not contained in the Software Product, but may be accessed through use of the Software Product, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants You no rights to use such content. If this Software Product contains documentation that is provided only in electronic form, you may print copies of such electronic documentation for use by licensed developers only.

5. BACKUP COPY. After installation of one copy of the Software Product pursuant to this EULA, you may keep the original media on which the Software Product was provided by Chillisoft solely for backup or archival purposes. If the original media is required to use the Software Product on the Device, you may make one copy of the Software Product solely for backup or archival purposes. Except as expressly provided in this EULA, you may not otherwise make copies of the Software Product or the printed materials accompanying the Software Product.

6. APPLICABLE LAW.
On this EULA the laws of the Netherlands apply.

Should you have any questions concerning this EULA, or if you desire to contact Chillisoft for any reason, please contact Chillisoft by the e-mail address provided to you in your receipt or email to: info@Chillisoft.co.za

7. LIMITED WARRANTY
Chillisoft warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying materials for a period of thirty (30) days from the date of receipt.

If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (THIRTY DAYS). AS TO ANY DEFECTS DISCOVERED AFTER THE THIRTY (30) DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.

Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the thirty (30) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by Chillisoft, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software Product does not meet Chillisoft's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 9 below ("Exclusion of Incidental, Consequential and Certain Other Damages") are also incorporated into this Limited Warranty.

YOUR EXCLUSIVE REMEDY. Chillisoft's and its suppliers' entire liability and your exclusive remedy shall be, at Chillisoft's option from time to time exercised subject to applicable law, (a) return of the price paid (if any) for the Software Product, or (b) repair or replacement of the Software Product, that does not meet this Limited Warranty and that is returned to Chillisoft with a copy of your receipt. You will receive the remedy elected by Chillisoft without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping the Software Product to Chillisoft). This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, misapplication, abnormal use or a virus. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. To exercise your remedy, contact:

Chillisoft
18 Howick Road
Pietermaritzburg
3201
South Africa

8. DISCLAIMER OF WARRANTIES. THE LIMITED WARRANTY THAT APPEARS ABOVE IS THE ONLY EXPRESS WARRANTY MADE TO YOU AND IS PROVIDED IN LIEU OF ANY OTHER EXPRESS WARRANTIES (IF ANY) CREATED BY ANY DOCUMENTATION OR PACKAGING. EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CHILLISOFT AND ITS SUPPLIERS PROVIDE THE SOFTWARE AND SUPPORT SERVICES (IF ANY) AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHILLISOFT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF CHILLISOFT OR ANY SUPPLIER, AND EVEN IF CHILLISOFT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF CHILLISOFT AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY CHILLISOFT WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY) SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR EURO 5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

11. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Software Product) is the entire agreement between you and Chillisoft relating to the Software Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software Product or any other subject matter covered by this EULA. To the extent the terms of any Chillisoft policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.



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Downloads: 325
Updated At: 2024-03-27
Publisher: Chillisoft
Operating System: windows
License Type: Free