Kea Hooks Library END USER LICENSE AGREEMENT
This copy of Kea Hooks Library (“the Software Product”) and accompanying documentation is licensed and not sold. This Software Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. Internet Systems Consortium, Inc. or its subsidiaries, affiliates, and suppliers (collectively “ISC”) own intellectual property rights in the Software Product. The Licensee’s (“you” or “your”) license to download, use, copy, or change the Software Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
Acceptance YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SOFTWARE PRODUCT OR BY INSTALLING, USING, OR COPYING THE SOFTWARE PRODUCT. YOU MUST AGREE TO ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU WILL BE ALLOWED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT “DECLINE” AND YOU MUST NOT INSTALL, USE, OR COPY THE SOFTWARE PRODUCT.
License Grant This Agreement entitles you to install and use multiple copies of the Software Product, for internal use within your own organization. The License granted to you is valid only during the period when you are covered by a commercial support subscription contract with ISC for the Kea software system. Upon the termination of your Kea support subscription with ISC, you agree to terminate all use of the Software Product.
Restrictions on Transfer
You may not assign, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to use the Software Product.
Restrictions on Use
You may not use, copy, or install the Software Product on any system with more than one computer, or permit the use, copying, or installation of the Software Product by more than one user or on more than one computer. If you hold multiple, validly licensed copies, you may not use, copy, or install the Software Product on any system with more than the number of computers permitted by license, or permit the use, copying, or installation by more users, or on more computers than the number permitted by license.
You may not decompile, “reverse-engineer”, disassemble, or otherwise attempt to derive the source code for the Software Product. You may not share or post any of the scripts or source code provided in the Software Product, including in the documentation provided, with any person not covered by this Agreement.
Restrictions on Alteration You may not modify the Software Product or create any derivative work of the Software Product or its accompanying documentation, except for your own internal use. Derivative works include but are not limited to translations.
Restrictions on Copying You may not copy any part of the Software Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy.
Confidential Information “Confidential Information” means: a) all information disclosed in tangible form during the term of this Agreement, pertaining to the Agreement and its purpose, and clearly labeled as confidential or proprietary at the time of disclosure; b) all information pertaining to the Agreement and its purpose that is disclosed in non-tangible form during the term of this Agreement, identified as confidential or proprietary, and delivered to you within thirty (30) days after disclosure; c) the Software Product; d) Feedback; and e) the terms of this Agreement.
When you receive Confidential Information, you must keep it confidential using the same degree of care that you do with respect to your own confidential information, but in no event less than reasonable care, and you may use it only for the purposes for which it was provided under this Agreement. Confidential Information may be disclosed by you only to your employees and individual subcontractors in furtherance of this Agreement, that are obligated to you under similar restrictions and only for the purposes for which it was provided under this Agreement.
Your obligations under this Section will expire five (5) years from the date of receipt of the Confidential Information, except for any ISC source code which will be protected in perpetuity. You agree that the Software Product contains trade secrets of ISC. You may disclose Confidential Information pursuant to statute, regulation, or the order of a court of competent jurisdiction, provided that you provide ISC with prior notice and cooperate with ISC in taking appropriate protective measures.
Your obligations under this section do not apply to information which: a) was in your possession or was known by you prior to your receipt of the information from ISC, without an obligation to maintain its confidentiality, b) is rightfully obtained by you without breach of any obligation to maintain its confidentiality; c) is or becomes known to the public through not act or omission of you; or d) you develop independently without using the Confidential Information of ISC.
Disclaimer of Warranties and Limitation of Liability THE SOFTWARE PRODUCT IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENATIONS, AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE DISCLAIMED, TO THE FULLEST EXTENT PERMITTED BY LAW.
ISC makes no warranty that the Software Product will meet your requirements or operate under your specific conditions of use. ISC makes no warranty that operation of the Software Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. ISC WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL ISC, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF ISC OR ANY OTHER PARTY, EVEN IF ISC IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS ISC’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Limitation of Remedies and Damages
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is the correction or replacement of the Software Product. Selection of whether to correct or replace shall be solely at the discretion of ISC. ISC reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If ISC is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your sole alternate remedy shall be a refund of the purchase price for the Software Product exclusive of any costs for shipping and handling.
Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by ISC to have been caused by you. All limited warranties on the Software Product are granted only to you and are non-transferable. You agree to indemnify and hold ISC harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
Indemnification If a third party makes a claim against you that the Software Product used by you in accordance with the terms of this Agreement, infringes such third party’s intellectual property rights, ISC, at its sole cost and expense, will defend you against the claim and indemnify you from any settlement agreed to by ISC and any damages, liabilities, costs and expenses awarded by the court to the third party claiming infringement, if you notify ISC promptly in writing, not later than thirty (30) days after you receive notice of the claim and you give ISC sole control of the defense and any settlement negotiations and you give ISC the information, authority, and assistance ISC needs to defend against or settle the claim.
If ISC believes or it is determined that the Software Product may have violated a third party’s intellectual property rights, ISC may choose to end this Agreement and require return of the Software Product.
ISC will not indemnify you if you alter the Software Product or use it outside the scope of use identified in this Agreement. ISC will not defend or indemnify you to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data or material not furnished by ISC. ISC will not defend or indemnify you to the extent that an infringement claim is based upon the combination of any Software Product with any products or services not provided by ISC. ISC will not defend or indemnify you for infringement caused by your actions or inactions if the Software Product as delivered to you would not otherwise infringe any third party intellectual property rights. This section provides your exclusive remedy for any infringement claims or damages.
Governing Law and Jurisdiction This Agreement is governed by the laws of California, without regard to California’s conflict or choice of law provisions. Any dispute arising out of this Agreement shall be subject to the exclusive jurisdiction and venue of the California state courts and/or the United States District Court of the Northern District of California, and you and ISC hereby agree to the personal and exclusive jurisdiction and venue of these courts.
Severability If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
Miscellaneous You are not granted any rights to use any of ISC’s trademarks under this Agreement. ISC’s trademarks include company names, product or service names, marks, logos, designs and trade dress. You may not remove, alter, or add to any of ISC’s trademarks that appear on the Software Product. You may not assign or transfer your rights or obligations under this Agreement without ISC’s prior written consent. Rights and obligations under the Agreement that by their nature should survive will remain in effect after termination or expiration of the Agreement. The Agreement is the parties’ entire agreement relating to the license of the Software Product and supersedes all prior and contemporaneous oral and written communications, proposals, conditions, representations, and warranties, and prevails over any conflicting or additional terms of any quote, order, purchase order, acknowledgment, or other communication between the parties relating to the license of the Software Product during the term of this Agreement. No modification to this Agreement will be binding, unless it is in writing and signed by an authorized representative of each party.