key: activestate-community-2012 short_name: ActiveState Community License 2012 name: ActiveState Community License 2012 category: Proprietary Free owner: ActiveState Software, Inc. homepage_url: https://web.archive.org/web/20130420143215/http://www.activestate.com/activeperl/license-agreement spdx_license_key: LicenseRef-scancode-activestate-community-2012 standard_notice: | ActivePerl is covered by the ActiveState Community License. Please note: If you plan to redistribute ActivePerl you will need a different license. For more information please visit ActivePerl OEM Licensing or contact us directly. ignorable_urls: - http://www.activestate.com/ ignorable_emails: - sales@activestate.com text: "ACTIVESTATE COMMUNITY EDITION SOFTWARE LICENSE AGREEMENT\n\n Version effective date:\ \ August 2, 2012\n\nPreamble:\nSupport is available from ACTIVESTATE under a separate agreement,\ \ see Part 3.d. For redistribution of the Software, You will require a special license, see\ \ part 4.b. For more information on support options and or redistribution (e.g. Business Edition,\ \ Enterprise Edition, and or OEM Licensing) please visit www.activestate.com. This license\ \ establishes the terms under which the Software may be copied, modified, distributed and/or\ \ redistributed. The intent of this license is that ACTIVESTATE maintains control over the\ \ development and distribution of the Software, while allowing its use it in a variety of\ \ ways. If the terms of this license do not permit Your proposed usage or if You require clarification\ \ regarding your intended use of the Software, please contact sales@activestate.com.\n\nACTIVESTATE\ \ SOFTWARE INC. (\"ACTIVESTATE\") IS WILLING TO LICENSE THE SOFTWARE ONLY UPON THE CONDITION\ \ THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS SOFTWARE LICENSE AGREEMENT. PLEASE READ\ \ THE TERMS CAREFULLY. BY CLICKING ON \"YES, ACCEPT\" OR BY INSTALLING THE SOFTWARE, YOU WILL\ \ INDICATE YOUR AGREEMENT WITH THEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF\ \ A COMPANY OR OTHER LEGAL ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE AUTHORITY\ \ TO BIND SUCH ENTITY TO THESE TERMS, IN WHICH CASE \"YOU\" OR \"YOUR\" SHALL REFER TO YOUR\ \ ENTITY. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND\ \ YOUR ENTITY, THEN ACTIVESTATE IS UNWILLING TO LICENSE THE SOFTWARE, AND YOU SHOULD NOT INSTALL\ \ THE SOFTWARE.\n\n1. Parties. The parties to this Agreement are you, the licensee (\"You\"\ ) and ACTIVESTATE. If You are not acting on behalf of Yourself as an individual, then \"You\"\ \ means Your company or organization. A company or organization shall in either case mean\ \ a single business entity, and shall not include its affiliates or wholly owned subsidiaries.\n\ \n2. The Software. The accompanying materials including, but not limited to, source code,\ \ binary executables, documentation, images, and scripts, which are distributed by ACTIVESTATE,\ \ and derivatives of that collection and/or those files are referred to herein as the \"Software\"\ .\n\n3. License Grant for the Software.\n\n a. You are granted worldwide, perpetual, paid\ \ up, royalty free, non-exclusive rights to install and use the Software subject to the terms\ \ and conditions contained herein.\n\n b. You may: (i) copy the Software for archival purposes,\ \ (ii) copy the Software for personal use purposes, (iii) use, copy, and distribute the Software\ \ solely for Your organization's internal use and or internal business operation purposes\ \ including copying the Software to other computers or workstations inside Your organization,\ \ (iv) redistribute parts of the Software outside of Your organization only as part of a Wrapped\ \ Application utilizing executable generators such as PerlApp, Perl2Exe, PAR, TclApp, py2app,\ \ or py2exe. Any copy must contain the original Software's proprietary notices in unaltered\ \ form. \"Wrapped Application\" means a single-file executable wherein all binary components\ \ are encapsulated in a single binary however You may not expose the base programming language\ \ as a scripting language within your own application program to end users.\n\n c. You are\ \ permitted to modify the Accessible Code to develop bug fixes, customizations, or additional\ \ features, solely for the purpose of using the Software pursuant to this Agreement. \"Accessible\ \ Code\" means source code contained within the Software that is under an open source license\ \ .\n\n d. No Other Software and Services. ACTIVESTATE will not provide You with any other\ \ software or services (including any support or maintenance services) relating to the Software,\ \ except to the extent that such software and services, if any, are required and provided\ \ pursuant to an applicable maintenance and support agreement.\n\n4. Restrictions.\n\n a.\ \ ACTIVESTATE encourages You to promote use of the Software. However this Agreement does not\ \ grant permission to use the trade names, trademarks, service marks, or product names of\ \ ACTIVESTATE, except as required for reasonable and customary use in describing the origin\ \ of the Software. In particular, You cannot use any of these marks in any way that might\ \ state or imply that ACTIVESTATE endorses Your work, or might state or imply that You created\ \ the Software covered by this Agreement. Except as expressly provided herein, you may not:\n\ i. modify or translate the Software;\nii. reverse engineer, decompile, or disassemble the\ \ Software, except to the extent this restriction is expressly prohibited by applicable law;\n\ iii. create derivative works based on the Software;\niv. merge the Software with another product;\n\ v. copy the Software; or\nvi. remove or obscure any proprietary rights notices or labels on\ \ the Software.\n\n b. Use of the Software through a web server on external-facing servers\ \ requires a separate Business Edition license agreement from ACTIVESTATE which will supersede\ \ the terms of this license. Except as expressly provided herein, you may not use the Software\ \ to provide content or functionality through a web server on external-facing servers,\n\n\ \ c. You may not distribute the Software via OEM Distribution (as defined below) without\ \ entering into a separate OEM Distribution Agreement with ACTIVESTATE. \"OEM Distribution\"\ \ means permitting others outside Your organization to use the Software, distribution and/or\ \ use of the Software as either a bundled add-on to, or embedded component of, another application,\ \ with such application being made available to its users as, but not limited to, an on-premises\ \ application, a hosted application, a Software-as-a-Service offering or a subscription service\ \ for which the distributor of the application receives a license fee or any form of direct\ \ or indirect compensation. Except as expressly provided herein, you may not:\ni. permit others\ \ outside Your organization to use the Software,\nii. redistribute:\n \n1. the Software as\ \ a whole whether as a wrapped application or on a stand alone basis, or\n2. parts of the\ \ Software to create a language distribution, or\n3. the ACTIVESTATE components with Your\ \ Wrapped Application.\n\n d. You are excluded from the foregoing restrictions in this paragraph\ \ 4b or 4c if You are using the Software for non-commercial purposes as determined by ACTIVESTATE\ \ at its sole discretion, or if You are using the Software solely for Your organization’s\ \ internal use and or internal business operation purposes.\n\n5. Ownership. ACTIVESTATE and\ \ its suppliers own the Software and all intellectual property rights embodied therein, including\ \ copyrights and valuable trade secrets embodied in the Software's design and coding methodology.\ \ The Software is protected by Canada and United States copyright laws and international\ \ treaty provisions. This Agreement provides You only a limited use license, and no ownership\ \ of any intellectual property.\n\n6. Infringement Indemnification. You shall defend or settle,\ \ at Your expense, any action brought against ACTIVESTATE based upon the claim that any modifications\ \ to the Software or combination of the Software with products infringes or violates any third\ \ party right; provided, however, that: (i) ACTIVESTATE shall notify Licensee promptly in\ \ writing of any such claim; (ii) ACTIVESTATE shall not enter into any settlement or compromise\ \ any such claim without Your prior written consent; (iii) You shall have sole control of\ \ any such action and settlement negotiations; and (iv) ACTIVESTATE shall provide You with\ \ commercially reasonable information and assistance, at Your request and expense, necessary\ \ to settle or defend such claim. You agree to pay all damages and costs finally awarded against\ \ ACTIVESTATE attributable to such claim.\n\n7. Limited Warranty. NEITHER ACTIVESTATE NOR\ \ ANY OF ITS SUPPLIERS OR RESELLERS MAKES ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND\ \ ACTIVESTATE AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT,\ \ MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, AND DATA ACCURACY.\ \ THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED,\ \ ERROR-FREE, OR VIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE,\ \ QUALITY, ACCURACY, PURPOSE, OR NEED. YOU ASSUME THE ENTIRE RISK OF SELECTION, INSTALLATION,\ \ AND USE OF THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS\ \ AGREEMENT. NO USE OF THE SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.\n\ \n8. Local Law. If implied warranties may not be disclaimed under applicable law, then ANY\ \ IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. Some\ \ jurisdictions do not allow limitations on how long an implied warranty may last, so the\ \ above limitations may not apply to You. This warranty gives you specific rights, and You\ \ may have other rights which vary from jurisdiction to jurisdiction.\n\n9. Limitation of\ \ Liability. INDEPENDENT OF THE FORGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY,\ \ INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL ACTIVESTATE\ \ OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL,\ \ INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES\ \ FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL\ \ DAMAGE, EVEN IF ACTIVESTATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION\ \ SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT PROHIBITED BY APPLICABLE\ \ LAW. IN NO EVENT SHALL ACTIVESTATE'S LIABILITY FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND\ \ REGARDLESS OF THE FORM OF ACTION, EXCEED IN THE AGGREGATE THE AMOUNT OF THE PURCHASE PRICE\ \ PAID FOR THE SOFTWARE LICENSE.\n\n10. Export Controls. You agree to comply with all export\ \ laws and restrictions and regulations of Canada, the United States or foreign agencies or\ \ authorities, and not to export or re-export the Software or any direct product thereof in\ \ violation of any such restrictions, laws or regulations, or without all necessary approvals.\ \ As applicable, each party shall obtain and bear all expenses relating to any necessary licenses\ \ and/or exemptions with respect to its own export of the Software from Canada or the U.S.\ \ Neither the Software nor the underlying information or technology may be electronically\ \ transmitted or otherwise exported or re-exported (i) into Belarus, Myanmar (Burma), Cuba,\ \ Iran, Iraq, Libya, North Korea, Sudan, Syria or any other country subject to Canada or U.S.\ \ trade sanctions covering the Software, to individuals or entities controlled by such countries,\ \ or to nationals or residents of such countries other than nationals who are lawfully admitted\ \ permanent residents of countries not subject to such sanctions; or (ii) to anyone on Canada's\ \ Area Control List of the Export and Import Permits Act, or; (iii) to anyone on the U.S.\ \ Treasury Department's list of Specially Designated Nationals and Blocked Persons or the\ \ U.S. Commerce Department's Table of Denial Orders. By downloading or using the Software,\ \ You agree to the foregoing and represent and warrant that it complies with these conditions.\n\ \n11. U.S. Government End-Users. The Software is a \"commercial item,\" as that term is defined\ \ in 48 C.F.R. 2.101 (Oct. 1995), consisting of \"commercial computer software\" and \"commercial\ \ computer software documentation,\" as such terms are used in 48 C.F.R. 12.212 (Sept. 1995).\ \ Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (June 1995),\ \ all U.S. Government End Users acquire the Software with only those rights as are granted\ \ to all other end users pursuant to the terms and conditions herein. Unpublished rights are\ \ reserved under the copyright laws of Canada and the United States.\n\n12. Licensee Outside\ \ The U.S. If You are located outside the U.S., then the following provisions shall apply:\ \ (i) Les parties aux presentes confirment leur volonte que cette convention de meme que tous\ \ les documents y compris tout avis qui siy rattache, soient rediges en langue anglaise (translation:\ \ \"The parties confirm that this Agreement and all related documentation is and will be in\ \ the English language.\"); and (ii) You are responsible for complying with any local laws\ \ in your jurisdiction which might impact your right to import, export or use the Software,\ \ and You represent that You have complied with any regulations or registration procedures\ \ required by applicable law to make this license enforceable.\n\n13. Severability. If any\ \ provision of this Agreement is declared invalid or unenforceable, such provision shall be\ \ deemed modified to the extent necessary and possible to render it valid and enforceable.\ \ In any event, the unenforceability or invalidity of any provision shall not affect any other\ \ provision of this Agreement, and this Agreement shall continue in full force and effect,\ \ and be construed and enforced, as if such provision had not been included, or had been modified\ \ as above provided, as the case may be.\n\n14. Arbitration. Except for actions to protect\ \ intellectual property rights and to enforce an arbitrator's decision hereunder, all disputes,\ \ controversies, or claims arising out of or relating to this Agreement or a breach thereof\ \ shall be submitted to and be finally resolved by arbitration under the rules of the American\ \ Arbitration Association (\"AAA\") then in effect. There shall be one arbitrator, and such\ \ arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules.\ \ The arbitration shall take place in Vancouver, BC, Canada, and may be conducted by telephone\ \ or online. The arbitrator shall apply the laws of the Province of British Columbia, Canada\ \ to all issues in dispute. The controversy or claim shall be arbitrated on an individual\ \ basis, and shall not be consolidated in any arbitration with any claim or controversy of\ \ any other party. The findings of the arbitrator shall be final and binding on the parties,\ \ and may be entered in any court of competent jurisdiction for enforcement. Enforcements\ \ of any award or judgment shall be governed by the United Nations Convention on the Recognition\ \ and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary\ \ to this provision, the other party may recover attorney's fees and costs up to $1000.00.\n\ \n15. Jurisdiction and Venue. The courts of Vancouver in the Province of British Columbia,\ \ Canada and the nearest British Columbia provincial court shall be the exclusive jurisdiction\ \ and venue for all legal proceedings that are not arbitrated under this Agreement.\n\n16.\ \ Force Majeure. Neither party shall be liable for damages for any delay or failure of delivery\ \ arising out of causes beyond their reasonable control and without their fault or negligence,\ \ including, but not limited to, Acts of God, acts of civil or military authority, fires,\ \ riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.\ \ Notwithstanding anything to the contrary contained herein, if either party is unable to\ \ perform hereunder for a period of thirty (30) consecutive days, then the other party may\ \ terminate this Agreement immediately without liability by ten (10) days written notice to\ \ the other.\n\n17. Publicity Rights. You grant ACTIVESTATE the right to include Your name,\ \ trade name, trademark, service mark or logo in its Software promotional material. You may\ \ retract this grant at any time in writing to sales@activestate.com, requesting Your name,\ \ trade name, trademark, service mark or logo be excluded from future releases of ACTIVESTATE\ \ Software promotional material. Requests cannot be complied with retroactively and may require\ \ up to thirty days to process.\n\n18. Assignment. Except as expressly provided herein neither\ \ this Agreement nor any rights granted hereunder, nor the use of any of the Software may\ \ be assigned, or otherwise transferred, in whole or in part, by Licensee, without the prior\ \ written consent of ACTIVESTATE. ACTIVESTATE may assign this Agreement in the event of a\ \ merger or sale of all or substantially all of the stock of assets of ACTIVESTATE without\ \ the consent of Licensee. Any attempted assignment will be void and of no effect unless permitted\ \ by the foregoing. This Agreement shall inure to the benefit of the parties permitted successors\ \ and assigns.\n\n19. Miscellaneous. This Agreement constitutes the entire understanding of\ \ the parties with respect to the subject matter of this Agreement and merges all prior communications,\ \ representations, and agreements. ACTIVESTATE reserves the right to change this Agreement\ \ at any time, which change shall be effective immediately upon its posting into any future\ \ release of the Software. If any provision of this Agreement is held to be unenforceable\ \ for any reason, such provision shall be reformed only to the extent necessary to make it\ \ enforceable. This Agreement shall be construed under the laws of the Province of British\ \ Columbia, Canada, excluding rules regarding conflicts of law. The application of the United\ \ Nations Convention of Contracts for the International Sale of Goods is expressly excluded.\ \ The parties agree that the Uniform Computer Transactions Act or any version thereof, adopted\ \ by any state, in any form (\"UCITA\"), shall not apply to this Agreement, and to the extent\ \ that UCITA may be applicable, the parties agree to opt out of the applicability of UCITA\ \ pursuant to the opt-out provision(s) contained therein."