ABCUpload

Third-Party Software License Agreements › Third-Party Software License Agreements › ABCUpload

ABCUpload

ABCUpload version 4.1.0.1

This CA product contains the above software, portions of which are distributed in accordance with the following terms:

General

The copyright in this software ("the Software") is owned by Complementary Colors ("the Owner"). You

may not load the Software into any computer or copy it without the licence of the Owner. The Owner

offers you a non-exclusive licence on the terms of this Agreement. If you do not accept these terms you

may within 30 days of purchase return the Software, its packaging and documentation unused and intact

to your supplier together with proof of purchase for a full refund.

You are permitted to:

1) load the Software and use it on up to nine computers (each with a single input terminal) under your

control;

2) transfer the Software from one computer to another provided it is used on fewer than ten computers at

any one time;

3) provided that you have purchased a Redistribution License and provided that your application is not a

software development system as detailed in clause (b) below, you may distribute the Software (without

royalty) as part of your application;

You are NOT permitted:

a) to rent, lease, sub-licence, loan, copy (except as expressly provided in this Agreement), modify, adapt,

merge, translate, reverse engineer, decompile, disassemble, create derivative works based on the whole

or any part of the Software or its associated documentation or otherwise attempt to discover the source

code of the Software.

b) to distribute any part of the Software as part of any software development system (compiler or

interpreter) without the Owners express written permission.

c) except as expressly provided in this Agreement, to use, reproduce or deal in the Software in any way.

Acceptance

You shall be deemed to have accepted the terms of this Agreement by loading the Software into any

computer.

Term

This licence is effective until you terminate it by destroying the Software and its documentation together

with all copies. It will also terminate if you fail to abide by this Agreement. Upon termination you agree to

destroy all copies of the Software and its documentation including any Software stored on the hard disk of

any computer under your control.

Ownership

The Owner shall at all times retain ownership of the Software and all subsequent copies thereof

regardless of form. This Agreement applies to the grant of the licence only and not to the contract of sale

of the Software. The Owner's warranties under this Agreement are available only to the original licenced

user.

Warranties

1) The Owner warrants that the Software will perform substantially in accordance with its accompanying

documentation (provided that the Software is properly used on the computer and with the operating

system for which it was designed) and that the documentation correctly describes the operation of the

Software in all material respects. If the Owner is notified of significant errors during the Warranty Period it

will correct any such demonstrable errors in the Software or its documentation within a reasonable time or

(at its option) provide or authorise a refund of the price of the Software (against return of the Software and

its documentation).

3) The above represent your sole remedies for any breach of the Owner's warranties, which are given

only to the original registered user.

4) The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and

obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are

hereby excluded to the fullest extent permitted by law.

5) The Owner does not warrant that the Software will meet your requirements or that the operation of the

Software will be uninterrupted or error-free or that defects in the Software will be corrected. You shall load

and use the Software at your own risk and in no event will the Owner be liable to you for any loss or

damage of any kind (except personal injury or death resulting from the Owner's negligence) including lost

profits or other consequential loss arising from your use of or inability to use the Software or from errors

or deficiencies in it whether caused by negligence or otherwise except as expressly provided herein.

Some states or jurisdictions do not allow the exclusion or limitation of incidental, consequential or special

damages, so the above limitation or exclusion may not apply to you. Also some states or jurisdictions do

not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so

the above limitations may not apply to you. To the extent permissible, any implied warranties are limited

to ninety (90) days. This warranty gives you specific legal rights. You may have other rights which vary

from state to state or jurisdiction to jurisdiction. For further warranty information, please contact the

Owner.

Law

This Agreement shall be governed by English law.

This Agreement will not be governed by the United Nations Convention on Contracts for the International

Sale of Goods, the Uniform Law on the Formation of Agreements for the International Sale of Goods, or

the Uniform Law on the International Sale of Goods, or any law, rule or regulation or any jurisdiction

based on any of the foregoing, and the application of all the foregoing is expressly excluded.

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance

of the Agreement, which shall remain valid and enforceable according to its terms.

You agree that the Software will not be shipped, transferred or exported into any country or used in any

manner prohibited by the United States Export Administration Act or any other export laws, restrictions or

regulations. This Agreement may only be modified in writing signed by authorised officers of the Owner.

ActiveState ActivePerl

This product includes ActiveState ActivePerl 5.6.1.

Adobe Flex SDK

ADOBE FLEX SDK 3.2

This CA product contains the above software, portions of which are distributed in accordance with the following terms:

Mitsubishi Electric Research Laboratory Inc.

Mozilla Public License Version 1.1

Portions licensed under the Mozilla Public License Version 1.1, a copy of which is included with the software or available at http://www.mozilla.org/MPL/MPL-1.1.html

Netscape Public License Version 1.1

Portions licensed under the Netscape Public License Version 1.1, a copy of which is included with the software or available here. Recipients can obtain a copy of the Adobe modifications in source form at http://opensource.adobe.com/svn/opensource/flex/sdk/.

Yahoo! Inc.

Redistribution and use of this software in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

Neither the name of Yahoo! Inc. nor the names of its contributors may be used to endorse or promote products derived from this software without specific prior written permission of Yahoo! Inc.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

Apache Software License, Version 1.1

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

The end-user documentation included with the redistribution, if any, must include the following acknowledgment: "This product includes software developed by the Apache Software Foundation (http://www.apache.org/)."

Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.

Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.

THIS SOFTWARE IS PROVIDED "AS IS" AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

This software consists of voluntary contributions made by many individuals on behalf of the Apache Software Foundation and was originally based on software copyright Â© 1999, International Business Machines, Inc., http://www.ibm.com. For more information on the Apache Software Foundation, please see http://www.apache.org/.

Apache Software License, Version 1.1

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

Alternately, this acknowledgment may appear in the software itself, if and wherever such third-party acknowledgments normally appear.

The names "Apache" and "Apache Software Foundation" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact apache@apache.org.

Products derived from this software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission of the Apache Software Foundation.

Massachusetts Institute of Technology (MIT), CERN

This W3C software is being provided by the copyright holders under the following license. By obtaining, using and/or copying this software, you agree that you have read, understood, and will comply with the following terms and conditions:

Permission to use, copy, modify, and distribute this software and its documentation for any purpose and without fee or royalty is hereby granted, provided that the full text of this NOTICE appears on ALL copies of the software and documentation or portions thereof, including modifications, that you make.

THIS SOFTWARE IS PROVIDED "AS IS," AND COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, COPYRIGHT HOLDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE OR DOCUMENTATION WILL NOT INFRINGE ANY THIRD PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. COPYRIGHT HOLDERS WILL BEAR NO LIABILITY FOR ANY USE OF THIS SOFTWARE OR DOCUMENTATION.

The name and trademarks of copyright holders may NOT be used in advertising or publicity pertaining to the software without specific, written prior permission. Title to copyright in this software and any associated documentation will at all times remain with copyright holders.