From e522c917d160aed07bcd9e8fba21563f5f3868ec Mon Sep 17 00:00:00 2001 From: unknown Date: Mon, 5 Oct 2009 11:44:54 +0200 Subject: [PATCH] Added new EULA text to existing EULA file --- setup/wizard/resources/license/license.txt | 883 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- setup/wizard/templates/license.tpl | 1 - setup/wizard/templates/wizard.tpl | 1 + 3 files changed, 567 insertions(+), 318 deletions(-) diff --git a/setup/wizard/resources/license/license.txt b/setup/wizard/resources/license/license.txt index d4914f0..b9dd46f 100644 --- a/setup/wizard/resources/license/license.txt +++ b/setup/wizard/resources/license/license.txt @@ -1,317 +1,566 @@ -

-License Agreement Version 2.3 -

-

-PLEASE READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND USING THE SOFTWARE, YOU AGREE ON BEHALF -OF THE ENTITY LICENSING THE SOFTWARE AND WHO IS BECOMING A PARTY TO THIS LICENSE AGREEMENT ("THE COMPANY") TO BE BOUND BY THE TERMS OF -THIS AGREEMENT AND THAT YOU HAVE THE NECESSARY AUTHORITY TO BIND THE COMPANY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF -THE AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE. -

-

-This is an agreement entered into by and between you (the "Company") and KnowledgeTree and -its subsidiaries ("KT"). This Agreement states the terms and conditions upon which KT offers to -license the KnowledgeTree Commercial Editions software provided in this package together with all -related documentation and accompanying items including, but not limited to, the executable programs, -drivers, libraries and data files associated with such programs (collectively, the "Software"). -

-

-

DEFINITIONS

-Accessible Code means source code contained within the Software that is accessible under this -Agreement. -

-

-Affiliate means a company which is controlled, under common control or controlling the Company -during the period of such control. For the purposes of this Agreement, "control" shall mean ownership, -directly or indirectly, of more than 50% of the shares in the Company (or other voting securities) which -vote for the election of the board of directors or other managing body of the Company. -

-

-End User means an employee, contractor or agent of the Company and its Affiliates authorized by the -Company to use the Software as per the terms of this Agreement. -

-

-OEM Distribution means distribution 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-premise 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. -

-

-Protected Code means source code contained within the Software that is protected against access by -KT and is not accessible under this Agreement. -

-

-Distribution Archive means a software installer package or any other distribution medium commonly -utilized to package and distribute software. -

-

-Customer Service Systems means any online system provided by KT or its service providers to provide -Company with product support, access to the Software, or user licenses, though not limited to these -services. -

-

-Unlimited Use License means a grant of license under this agreement that is not limited to a set -number of End Users, but is limited to one physical server device that the Software may be run on. -Grant of Rights -

-

-For the term of this Agreement and subject to the Company's payment of the license fees as defined -below KT grants the Company a non-exclusive, non-transferable, non-sublicensable right to use and -modify the Software only for the Company's own internal use and limited to the number of End Users -for which the Company has paid the applicable license fee. -

-

-

Company's responsibility for End Users

-The Company shall be responsible for any act or omission of all End Users and for their compliance -with all of the terms of this Agreement. Any action or breach by any of the Company's employees, -contractors, agents or Affiliates shall be deemed an action or breach by the Company of this -Agreement and the Company hereby indemnifies and holds KT harmless from any and all such -breaches of this Agreement. The Company waives all of those defenses that the Company may have in -law or otherwise which may be raised to avoid liability should the Company not be liable for its -employees, contractors', agents' or Affiliates' acts, omissions and non-compliance with the terms of this -Agreement. -

-

-

Delivery and acceptance of the Software

-The Software shall be deemed accepted once the Company has successfully downloaded and unpacked -the Distribution Archive. -

-

-

Restrictions

-The Company shall not, directly or indirectly: (i) remove or alter any copyright, trademark or -proprietary notice in the Software; (ii) transfer, use or export the Software in violation of any laws or -regulations of any government or governmental agency; (iii) reverse engineer, decompile or modify -any protected code which forms part of the Software; (iv) distribute the Software via OEM Distribution -without entering into a separate OEM Distribution Agreement with KT; (v) redistribute the Accessible -or Protected Code; (vi) use and or modify the Software to develop a competitive product; and (vii) -commit any act or omission the likely result of which is that KT's reputation will be brought into -disrepute or which act or omission could reasonably be expected to have or does have a material and -adverse effect on KT's interests. -

-

-The Software includes license protection mechanisms that are designed to manage and protect the -intellectual property rights of KT. The Company must not modify or alter those features to try to defeat -the Software use rules that the license protection mechanisms are designed to enforce. -Notwithstanding anything to the contrary in this Agreement, during the period of this Agreement the -Company may continue to use the Software initially provided under this Agreement with the source -code and license key and use differing databases, web servers or operating systems than the database, -web server or operating system initially selected by the Company on installation of the Software at no -charge. -

-

-

Proprietary Rights

-KT and its licensors shall own all right, title, and interest to the Software, technology, information, -code or software provided to Company, including all portions, copies or modifications thereof. Except -as expressly provided herein, no licenses of any kind are granted hereunder, whether by implication, -estoppel, or otherwise. -

-

-

Fees and Payment

-End User Accounts: The Company shall designate an Administrator and notify KT of the identity and -contact information for said Administrator. The Administrator may add End Users to the Company's -subscription for the Software by placing an order with KT. The Company is responsible for all activity -occurring under the Company's End User's accounts. The Company shall notify KT immediately of any -unauthorized use of any password or account that provides Company access to the Customer Service -Systems, or unauthorized copying or distribution of the Software or related proprietary material. End -User accounts cannot be shared or used by more than one individual End User but may be reassigned to -new End Users replacing former End Users. -

-

-License fee: The Company shall pay to KT an amount specified on the KnowledgeTree website for the -number of End Users that Company selects. Payment of the license fee shall be due and payable as set -forth in the terms and conditions on the KnowledgeTree website. All fees paid to KT are non- -refundable. The Company will also pay all applicable taxes, including sales, use, personal property, -value-added, excise, customs fees, import duties, stamp duties and any other similar taxes and duties, -including penalties and interest, imposed by any federal, state, provincial or other government entity on -the transactions contemplated by this Agreement. -

-

-Records Retention: Unless the company has purchased an Unlimited Use License, the Company shall -maintain accurate records necessary to verify the number of End Users. Upon KT's written request, the -Company shall provide KT with such records within ten (10) days. If the Company has more End -Users than the Company has paid for, the Company shall immediately pay KT an additional license fee -in addition to any costs incurred by KT associated with reviewing such records. -

-

-

COPYRIGHT

-KT reserves all rights not expressly granted to you in this EULA. The Software is protected by -copyright and other intellectual property laws and treaties. KT and/or its licensors own the title, -copyright, and other intellectual property rights in the Software. The Software is licensed, not sold. The -Company may not remove the copyright notice from any copy of the Software or any copy of the -written materials, if any, accompanying the Software. -

-

-

MERGER OR INTEGRATION

-Should the Company merge any portion of the Software or accessible code into, or integrate any -portion of the Software or accessible code with, any other program or code, any portion of the Software -or accessible code merged into or integrated with another program, if any, will continue to be subject to -the terms and conditions of this Agreement, and the Company must reproduce on the merged or -integrated portion all copyright and other proprietary rights notices included in the originals of the -Software or accessible code. -

-

-

TRANSFER OF LICENSE

-The Company may not transfer its license in terms of this Agreement to any external third parties. -

-

-

LIMITATIONS ON USING, COPYING, AND MODIFYING THE SOFTWARE

-Except to the extent expressly permitted by this Agreement or by the laws of the jurisdiction where the -Company acquired the Software, it may not use, copy or modify the Software. Nor may the Company -sub-license any of its rights under this Agreement. -

-

-

DECOMPILING, DISASSEMBLING, OR REVERSE ENGINEERING

-The Company acknowledges that the Software contains trade secrets and other proprietary information -of KT and its licensors. Except to the extent expressly permitted by this Agreement or by the laws of -the jurisdiction where the Company is located, it may not decompile, disassemble or otherwise reverse -engineer the Software, or engage in any other activities to obtain underlying information that is not -visible to the user in connection with the normal use of the Software. -

-

-In particular, the Company agrees not for any purpose to transmit the Software or display the -Software's object code on any computer screen or to make any hardcopy memory dumps of the -Software's object code. If the Company believes that it requires information related to the -interoperability of the Software with other programs, it shall not decompile or disassemble the -Software to obtain such information, and it agrees to request such information from KT at the address -listed below. Upon receiving such a request, KT shall determine whether the Company requires such -information for a legitimate purpose and, if so, KT will provide such information to the Company -within a reasonable time and on reasonable conditions. -

-

-In any event, the Company will notify KT of any information derived from reverse engineering or such -other activities, and the results thereof will constitute the confidential information of KT that may be -used only in connection with the Software. -

-

-

DURATION AND TERMINATION

-The license granted to the Company is effective for 1 (ONE) year. The license will also terminate -automatically without any notice from KT if the Company fails to comply with any term or condition -of this Agreement. Upon termination, KT may also enforce any rights provided by law. The provisions -of this Agreement that protect the proprietary rights of KT will continue in force after termination. -

-

-

SOFTWARE MAINTENANCE

-Software Maintenance includes KT's provisioning to the Company of updates and/or enhancements of -the Software made generally available to customers from time to time, and online technical support -(and where applicable, phone support) to one Company-designated technical contact for the sole -purpose of addressing technical issues relating to the use of the Software (excluding any form of on- -site visits by KT personnel or contractors). -

-

-

DISCLAIMER OF ANY WARRANTY

-KT does not warrant that the functions contained in the Software will meet the Company's -requirements or that the operation of the Software will be correct, uninterrupted or error-free. KT -provides evaluation copies of the Product so that customers can assess the Product. -

-

-THE SOFTWARE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER -EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES -OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR -NONINFRINGEMENT. -

-

-The Company assumes responsibility for the support and fault-finding of any modifications made to -the Software, or merger and integration undertaken with or between any other program or code. -The Company assumes full responsibility for the selection of the Software to achieve its intended -results, and for the installation, use and results obtained from the Software. The Company also assumes -the entire risk as it applies to the quality and performance of the Software. Should the Software prove -defective, the Company (and not KT, or its distributors or dealers) assumes the entire cost of any and -all necessary servicing, repair or correction. -

-

-Some countries/states do not allow the exclusion of implied warranties, so the above exclusion may not -apply to the Company. KT disclaims all warranties of any kind if the Software was customized, -repackaged or altered in any way by any third party other than KT. -

-

-

INFRINGEMENT

-During any term of this Agreement, if any portion of the Software is held by a court of competent -jurisdiction to infringe any third party intellectual property rights and the Company incurs a liability or -expense as a result of such holding, then the Company's sole remedy shall be, and KT will, at its -option: (i) obtain the right for the Company to continue to use the Software consistent with this -Agreement; (ii) modify the Software so that it is non-infringing; or (iii) replace the infringing -component with a non-infringing component, or (iv) refund all money paid in the then-current calendar -quarter under this Agreement and all of the Company's rights and licenses under this Agreement shall -automatically terminate. -

-

-

PUBLICITY RIGHTS

-
    -
  1. a. The Company grants KT the right to include the Company as a customer in promotional -material for the Software or for KT.
    2. -
  2. b. The Company can deny KT this right by submitting a written request via e-mail to -marketing@knowledgetree.com requesting to be excluded from such promotional material. -Confirmation of such denial (via reply e-mail) must be received prior to purchasing for this to -be effective.
    3. -
  3. c. Should the Company come to be or already be included in promotional material, as a result of -any prior purchases where the Company did not request exclusion from the promotional -material, the Company can at any point, submit a written request via e-mail to -marketing@knowledgetree.com to have KT remove the Company's name from the -promotional material. Upon receipt of such request, KT will remove any reference to the -Company from such promotional material within 30 days and make no further reference to the -Company.
    4. -
-

-

-During any term of this Agreement, the Company grants to KT a non-transferable, non-exclusive, -license to reproduce and display its logos, trademarks, trade names and similar identifying material so -that KT may refer to the Company as a user of the Software should KT so desire, such as on the KT -website, in press releases and in other marketing materials. -

-

-

INDEMNIFICATION

-If the Company distributes the Software in violation of this Agreement, it hereby indemnifies, hold -harmless and defends KT from and against any and all claims or lawsuits, including attorney's fees and -costs that arise, result from or are connected with the use or distribution of the Software in violation of -this Agreement. -

-

-

LIMITATION OF REMEDIES AND DAMAGES

-In no event will KT or its licensors be liable for any indirect, incidental, special or consequential -damages, or for any personal injury or bodily injury (including death) to any persons caused by KT's -negligence, or for any lost profits, lost savings, loss of use, lost revenues or lost data arising from or -relating to the Software or this Agreement, even if KT or its licensors have been advised of the -possibility of such damages. In no event will KT's liability or damages to the Company or any other -person ever exceed the amount paid by the Company to use the Software, regardless of the form of the -claim. -

-

-Some countries/states do not allow the limitation or exclusion of liability for incidental or -consequential damages, so the above limitation or exclusion may not apply to the Company. -

-

-

GOVERNMENT RESTRICTED RIGHTS

-Programs delivered to the U.S. Defense Dept. are delivered with Restricted Rights and the following -applies: "Restricted Rights Legend: Use, duplication or disclosure by Government is subject to -restrictions as currently set forth in subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights in -Technical Data and Computer Software (October 1988). Software manufacturer is KnowledgeTree -Inc., c/o DLA Piper US LLP, 2000 University Avenue, East Palo Alto, CA 94303. Programs delivered -to a U.S. Government Agency not within the Defense, Dept. are delivered with "Restricted Rights" as -defined in FAR 52.227-14, Rights in Data - General, including Alternate III (June 1987). -

-

-

CONTRACTOR/MANUFACTURER

-The Contractor/Manufacturer for the Software is: -KnowledgeTree -c/o DLA Piper US LLP -2000 University Avenue -East Palo Alto, CA 94303 -Phone: +1 415.200.0225 -

-

-

GENERAL

-This Agreement is binding on the Company as well as its employees, employers, contractors and -agents, and on any successors and assignees. Neither the Software nor any information derived -therefrom may be exported except in accordance with the laws of the State of Delaware or other -applicable provisions. This Agreement is governed by the laws of the State of Delaware. This -Agreement is the entire agreement between KT and the Company and the Company agrees that KT will -not have any liability for any untrue statement or representation made by it, its agents or anyone else -(whether innocently or negligently) upon which the Company relied upon entering this Agreement, -unless such untrue statement or representation was made fraudulently. This Agreement supersedes any -other understandings or agreements, including, but not limited to, advertising, with respect to the -Software. If any provision of this Agreement is deemed invalid or unenforceable by any country or -government agency having jurisdiction, that particular provision will be deemed modified to the extent -necessary to make the provision valid and enforceable, and the remaining provisions will remain in full -force and effect. The original of this Agreement has been written in English, and that version will -govern. -

\ No newline at end of file + + + + + + + +
+ +

KnowledgeTree +On-premise Commercial End-User License Agreement Version 2.4

+ +

PLEASE +READ THIS DOCUMENT CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY INSTALLING AND +USING THE SOFTWARE, YOU AGREE ON BEHALF OF THE ENTITY LICENSING THE SOFTWARE +AND WHO IS BECOMING A PARTY TO THIS LICENSE AGREEMENT (“THE COMPANY”) TO BE +BOUND BY THE TERMS OF THIS AGREEMENT AND THAT YOU HAVE THE NECESSARY AUTHORITY +TO BIND THE COMPANY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THE +AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE.

+ +

This is an +agreement entered into by and between you (the “Company”) and KnowledgeTree +Inc. and its subsidiaries (“KT”). This Agreement states the terms and +conditions upon which KT offers to license the KnowledgeTree Commercial +Editions software provided in this package together with all related +documentation and accompanying items including, but not limited to, the +executable programs, drivers, libraries and data files associated with such +programs (collectively, the “Software”).

+ +

DEFINITIONS

+ +

Accessible +Code means +source code contained within the Software that is accessible under this +Agreement.

+ +

Affiliate means a company which +is controlled, under common control or controlling the Company during the +period of such control. For the purposes of this Agreement, "control" +shall mean ownership, directly or indirectly, of more than 50% of the shares in +the Company (or other voting securities) which vote for the election of the +board of directors or other managing body of the Company.

+ +

End User means an employee, +contractor or agent of the Company and its Affiliates authorized by the Company +to use the Software as per the terms of this Agreement.

+ +

OEM +Distribution means +distribution 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-premise 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.

+ +

Protected +Code means +source code contained within the Software that is protected against access by +KT and is not accessible under this Agreement.

+ +

Distribution +Archive means +a software installer package or any other distribution medium commonly utilized +to package and distribute software.

+ +

Customer +Service Systems +means any online system provided by KT or its service providers to provide +Company with product support, access to the Software, or user licenses, though +not limited to these services.

+ +

Grant of +Rights

+ +

For the term +of this Agreement and subject to the Company's payment of the license fees as +defined below KT grants the Company a non-exclusive, non-transferable, +non-sublicensable right to use and modify the Software only for the Company's +own internal use and limited to the number of End Users for which the Company +has paid the applicable license fee.

+ +

Company’s +responsibility for End Users

+ +

The Company +shall be responsible for any act or omission of all End Users and for their +compliance with all of the terms of this Agreement. Any action or breach by any +of the Company's employees, contractors, agents or Affiliates shall be deemed +an action or breach by the Company of this Agreement and the Company hereby +indemnifies and holds KT harmless from any and all such breaches of this +Agreement. The Company waives all of those defenses that the Company may have +in law or otherwise which may be raised to avoid liability should the Company +not be liable for its employees, contractors', agents' or Affiliates' acts, +omissions and non-compliance with the terms of this Agreement.

+ +

Delivery +and acceptance of the Software

+ +

The Software +shall be deemed accepted once the Company has successfully downloaded and +unpacked the Distribution Archive.

+ +

Restrictions

+ +

The Company +shall not, directly or indirectly: (i) remove or alter any copyright, trademark +or proprietary notice in the Software; (ii) transfer, use or export the +Software in violation of any laws or regulations of any government or +governmental agency; (iii) reverse engineer, decompile or modify any protected +code which forms part of the Software; (iv) distribute the Software via OEM +Distribution without entering into a separate OEM Distribution Agreement with +KT; (v) redistribute the Accessible or Protected Code; (vi) use and or modify +the Software to develop a competitive product; and (vii) commit any act or +omission the likely result of which is that KT’s reputation will be brought +into disrepute or which act or omission could reasonably be expected to have or +does have a material and adverse effect on KT’s interests.

+ +

The Software +includes license protection mechanisms that are designed to manage and protect +the intellectual property rights of KT. The Company must not modify or alter +those features to try to defeat the Software use rules that the license protection +mechanisms are designed to enforce.

+ +

Notwithstanding +anything to the contrary in this Agreement, during the period of this Agreement +the Company may continue to use the Software initially provided under this +Agreement with the source code and license key and use differing databases, web +servers or operating systems than the database, web server or operating system +initially selected by the Company on installation of the Software at no charge. +

+ +

Proprietary +Rights +

+ +

KT and its +licensors shall own all right, title, and interest to the Software, technology, +information, code or software provided to Company, including all portions, +copies or modifications thereof. Except as expressly provided herein, no +licenses of any kind are granted hereunder, whether by implication, estoppel, +or otherwise.

+ +

Fees and +Payment

+ +

End User +Accounts: +The Company shall designate an Administrator and notify KT of the identity and +contact information for said Administrator. The Administrator may add End Users +to the Company's subscription for the Software by placing an order with KT. The +Company is responsible for all activity occurring under the Company's End +User's accounts. The Company shall notify KT immediately of any unauthorized +use of any password or account that provides Company access to the Customer +Service Systems, or unauthorized copying or distribution of the Software or +related proprietary material. End User accounts cannot be shared or used by +more than one individual End User but may be reassigned to new End Users replacing +former End Users.

+ +

License +fee: The +Company shall pay to KT an amount specified on the KnowledgeTree website +for the number of End Users that Company selects. Payment of the license fee +shall be due and payable as set forth in the terms and conditions on the +KnowledgeTree website. All fees paid to KT are non-refundable. The Company will +also pay all applicable taxes, including sales, use, personal property, +value-added, excise, customs fees, import duties, stamp duties and any other +similar taxes and duties, including penalties and interest, imposed by any +federal, state, provincial or other government entity on the transactions +contemplated by this Agreement.

+ +

Records +Retention: Unless +the company has purchased an Unlimited Use License, the Company shall +maintain accurate records necessary to verify the number of End Users. Upon +KT's written request, the Company shall provide KT with such records within ten +(10) days. If the Company has more End Users than the Company has paid for, the +Company shall immediately pay KT an additional license fee in addition to any +costs incurred by KT associated with reviewing such records.

+ +

COPYRIGHT

+ +

KT reserves +all rights not expressly granted to you in this EULA. The Software is protected +by copyright and other intellectual property laws and treaties. KT and/or its +licensors own the title, copyright, and other intellectual property rights in +the Software. The Software is licensed, not sold. The Company may not remove +the copyright notice from any copy of the Software or any copy of the written +materials, if any, accompanying the Software.

+ +

MERGER OR +INTEGRATION

+ +

Should the +Company merge any portion of the Software or accessible code into, or integrate +any portion of the Software or accessible code with, any other program or code, +any portion of the Software or accessible code merged into or integrated with +another program, if any, will continue to be subject to the terms and +conditions of this Agreement, and the Company must reproduce on the merged or +integrated portion all copyright and other proprietary rights notices included +in the originals of the Software or accessible code.

+ +

TRANSFER +OF LICENSE +

+ +

The Company +may not transfer its license in terms of this Agreement to any external third +parties.

+ +

LIMITATIONS +ON USING, COPYING, AND MODIFYING THE SOFTWARE

+ +

Except to the +extent expressly permitted by this Agreement or by the laws of the jurisdiction +where the Company acquired the Software, it may not use, copy or modify the +Software. Nor may the Company sub-license any of its rights under this +Agreement.

+ +

DECOMPILING, +DISASSEMBLING, OR REVERSE ENGINEERING

+ +

The Company +acknowledges that the Software contains trade secrets and other proprietary +information of KT and its licensors. Except to the extent expressly permitted +by this Agreement or by the laws of the jurisdiction where the Company is +located, it may not decompile, disassemble or otherwise reverse engineer the +Software, or engage in any other activities to obtain underlying information +that is not visible to the user in connection with the normal use of the +Software.

+ +


+In particular, the Company agrees not for any purpose to transmit the Software +or display the Software's object code on any computer screen or to make any +hardcopy memory dumps of the Software's object code. If the Company believes +that it requires information related to the interoperability of the Software +with other programs, it shall not decompile or disassemble the Software to +obtain such information, and it agrees to request such information from KT at +the address listed below. Upon receiving such a request, KT shall determine +whether the Company requires such information for a legitimate purpose and, if +so, KT will provide such information to the Company within a reasonable time +and on reasonable conditions.

+ +


+In any event, the Company will notify KT of any information derived from +reverse engineering or such other activities, and the results thereof will +constitute the confidential information of KT that may be used only in +connection with the Software.

+ +

DURATION +AND TERMINATION

+ +

The license +granted to the Company is effective for 1 (ONE) year. The license will also +terminate automatically without any notice from KT if the Company fails to +comply with any term or condition of this Agreement. Upon termination, KT may +also enforce any rights provided by law. The provisions of this Agreement that +protect the proprietary rights of KT will continue in force after termination.

+ +

SOFTWARE +MAINTENANCE 

+ +

Software +Maintenance includes KT’s provisioning to the Company of updates and/or +enhancements of the Software made generally available to customers from time to +time, and online technical support (and where applicable, phone support) to one +Company-designated technical contact for the sole purpose of addressing +technical issues relating to the use of the Software (excluding any form of +on-site visits by KT personnel or contractors). KT will make commercially +reasonable best efforts to remedy defective code and to release these fixes as +updates according to KT's product roadmap.

+ +

DISCLAIMER +OF ANY WARRANTY +

+ +

KT does not +warrant that the functions contained in the Software will meet the Company’s +requirements or that the operation of the Software will be correct, uninterrupted +or error-free. KT provides evaluation copies of the Product so that customers +can assess the Product.

+ +

THE SOFTWARE +IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, +INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR +FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.

+ +

The Company +assumes responsibility for the support and fault-finding of any modifications +made to the Software, or merger and integration undertaken with or between any +other program or code.

+ +

The Company +assumes full responsibility for the selection of the Software to achieve its +intended results, and for the installation, use and results obtained from the +Software. The Company also assumes the entire risk as it applies to the quality +and performance of the Software. Should the Software prove defective, the +Company (and not KT, or its distributors or dealers) assumes the entire cost of +any and all necessary servicing, repair or correction.

+ +

Some +countries/states do not allow the exclusion of implied warranties, so the above +exclusion may not apply to the Company. KT disclaims all warranties of any kind +if the Software was customized, repackaged or altered in any way by any third +party other than KT.

+ +

INFRINGEMENT +

+ +

During any +term of this Agreement, if any portion of the Software is held by a court of +competent jurisdiction to infringe any third party intellectual property rights +and the Company incurs a liability or expense as a result of such holding, then +the Company’s sole remedy shall be, and KT will, at its option: (i) obtain the +right for the Company to continue to use the Software consistent with this +Agreement; (ii) modify the Software so that it is non-infringing; or (iii) +replace the infringing component with a non-infringing component, or (iv) refund +all money paid in the then-current calendar quarter under this Agreement and +all of the Company’s rights and licenses under this Agreement shall +automatically terminate.

+ +

PUBLICITY +RIGHTS +

+ +

a.       The Company grants KT +the right to include the Company as a customer in promotional material for the +Software or for KT.

+ +

b.       The Company can deny +KT this right by submitting a written request via e-mail to marketing@knowledgetree.com requesting to be +excluded from such promotional material. Confirmation of such denial (via reply +e-mail) must be received prior to purchasing for this to be effective.

+ +

c.        +Should +the Company come to be or already be included in promotional material, as a +result of any prior purchases where the Company did not request exclusion from +the promotional material, the Company can at any point, submit a written +request via e-mail to marketing@knowledgetree.com to have KT remove the +Company’s name from the promotional material. Upon receipt of such request, KT +will remove any reference to the Company from such promotional material within +30 days and make no further reference to the Company.

+ +

During any +term of this Agreement, the Company grants to KT a non-transferable, +non-exclusive, license to reproduce and display its logos, trademarks, trade +names and similar identifying material so that KT may refer to the Company as a +user of the Software should KT so desire, such as on the KT website, in press +releases and in other marketing materials.

+ +

INDEMNIFICATION +

+ +

If the +Company distributes the Software in violation of this Agreement, it hereby +indemnifies, hold harmless and defends KT from and against any and all claims +or lawsuits, including attorney's fees and costs that arise, result from or are +connected with the use or distribution of the Software in violation of this +Agreement.

+ +

LIMITATION +OF REMEDIES AND DAMAGES

+ +

In no event +will KT or its licensors be liable for any indirect, incidental, special or +consequential damages, or for any personal injury or bodily injury (including +death) to any persons caused by KT's negligence, or for any lost profits, lost +savings, loss of use, lost revenues or lost data arising from or relating to +the Software or this Agreement, even if KT or its licensors have been advised +of the possibility of such damages. In no event will KT’s liability or damages +to the Company or any other person ever exceed the amount paid by the Company +to use the Software, regardless of the form of the claim.

+ +

Some +countries/states do not allow the limitation or exclusion of liability for +incidental or consequential damages, so the above limitation or exclusion may +not apply to the Company.

+ +

GOVERNMENT +RESTRICTED RIGHTS +

+ +

Programs +delivered to the U.S. Defense Dept. are delivered with Restricted Rights and +the following applies: "Restricted Rights Legend: Use, duplication or +disclosure by Government is subject to restrictions as currently set forth in +subparagraph (c)(1)(ii) of DFARS 252-227-7013, Rights in Technical Data and +Computer Software (October 1988). Software manufacturer is KnowledgeTree Inc., +c/o DLA Piper US LLP, 2000 University Avenue, East Palo Alto, CA 94303. +Programs delivered to a U.S. Government Agency not within the Defense, Dept. +are delivered with "Restricted Rights" as defined in FAR 52.227-14, +Rights in Data - General, including Alternate III (June 1987).

+ +

CONTRACTOR/MANUFACTURER

+ +

The +Contractor/Manufacturer for the Software is:

+ +

KnowledgeTree +Inc.
+c/o DLA Piper US LLP
+2000 University Avenue
+East Palo Alto, CA 94303

+ +

Phone: +1 +415.692.1418

+ +

GENERAL

+ +

This +Agreement is binding on the Company as well as its employees, employers, +contractors and agents, and on any successors and assignees. Neither the +Software nor any information derived therefrom may be exported except in +accordance with the laws of the State of Delaware or other applicable +provisions. This Agreement is governed by the laws of the State of Delaware. +This Agreement is the entire agreement between KT and the Company and the +Company agrees that KT will not have any liability for any untrue statement or +representation made by it, its agents or anyone else (whether innocently or +negligently) upon which the Company relied upon entering this Agreement, unless +such untrue statement or representation was made fraudulently. This Agreement +supersedes any other understandings or agreements, including, but not limited +to, advertising, with respect to the Software. If any provision of this +Agreement is deemed invalid or unenforceable by any country or government +agency having jurisdiction, that particular provision will be deemed modified +to the extent necessary to make the provision valid and enforceable, and the +remaining provisions will remain in full force and effect. The original of this +Agreement has been written in English, and that version will govern. Les +parties aux présentes confirment leur volonté que cette convention, de même que +tous les documents, y compris tout avis, qui s′y rattachent, soient rédigés en +langue anglaise.

+ +
\ No newline at end of file diff --git a/setup/wizard/templates/license.tpl b/setup/wizard/templates/license.tpl index 2f7d4a9..058f672 100644 --- a/setup/wizard/templates/license.tpl +++ b/setup/wizard/templates/license.tpl @@ -13,7 +13,6 @@ Please read and accept the license agreement below before continuing with the se

-

KnowledgeTree On-premise Commercial End-User

diff --git a/setup/wizard/templates/wizard.tpl b/setup/wizard/templates/wizard.tpl index b367a29..9dfd250 100644 --- a/setup/wizard/templates/wizard.tpl +++ b/setup/wizard/templates/wizard.tpl @@ -8,6 +8,7 @@ js('jquery.hotkeys.js'); ?> js('wizard.js'); ?> css('wizard.css'); ?> +
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