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Aperçu Concepts Architecture Technique Framework de Médiation Middleware Framework de Médiation en action

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JORAM+ Distribution Licences

JORAM+ is an add-on to JORAM, and does not include a JORAM distribution. JORAM itself is available under the LGPL licence and must be fetched separately. Please consult the JORAM website for more information about the LGPL licence.

The JORAM+ distribution (“the SOFTWARE”) contains packages designed to complement JORAM that are available under the following licences: an END USER LICENCE or a COMMERCIAL DEVELOPER LICENCE (binary licence pack), or an ENTERPRISE LICENCE (source code licence pack).

SCALAGENT DISTRIBUTED TECHNOLOGIES IS WILLING TO LICENCE THE ENCLOSED SOFTWARE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THE LICENCE AGREEMENT PRINTED BELOW. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SOFTWARE, AS SUCH CONDUCT INDICATES YOUR ACCEPTANCE TO ALL OF THE TERMS OF THIS LICENCE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS, SCALAGENT DISTRIBUTED TECHNOLOGIES IS UNWILLING TO LICENCE THE SOFTWARE TO YOU, IN WHICH CASE YOU MUST IMMEDIATELY DELETE THE DISTRIBUTION FILES AND ANY EXTRACTED DATA.
This Licence Agreement ("AGREEMENT") is a legal agreement between SCALAGENT DISTRIBUTED TECHNOLOGIES, a company, located at Allevard les Bains, France, and you, the user ("LICENSEE"), and is effective at the date LICENSEE extracts files from the enclosed software JORAM+.

1. END USER LICENCE

In purchasing an END USER LICENCE, LICENSEE is granted from SCALAGENT DISTRIBUTED TECHNOLOGIES a non-exclusive, non-transferable, personal and worldwide right to use one or more copies of the SOFTWARE for its own and exclusive benefit. LICENSEE may not redistribute all or part the SOFTWARE, neither can it use all or part the SOFTWARE for the benefit of third parties.
The SOFTWARE may be used in binary form only.

The SOFTWARE may be used as part of a larger application, as long as the application is installed and operated for the exclusive benefit of LICENSEE.

2. COMMERCIAL DEVELOPER LICENCE

In purchasing a COMMERCIAL DEVELOPER LICENCE, LICENSEE is granted from SCALAGENT DISTRIBUTED TECHNOLOGIES a non-exclusive, non-transferable, personal and worldwide right to use one or more copies of the SOFTWARE in the development of a single END USER APPLICATION.

An END USER APPLICATION is a specific application program, including new revisions and new versions, which LICENSEE develops using the SOFTWARE and sells, as a service operated by itself or as a software operated by its customers, to its own customers. LICENSEE's customers may use the END USER APPLICATION for their own and exclusive benefit; they may not redistribute all or part of the END USER APPLICATION, neither can they use all or part of the END USER APPLICATION for the benefit of third parties.

With a COMMERCIAL DEVELOPER LICENCE, LICENSEE is then granted a non-exclusive, non-transferable, personal and worldwide right to redistribute all or part of the SOFTWARE, as included in the END USER APPLICATION for which it has purchased the LICENCE, granting its customers rights over the END USER APPLICATION according to the terms of the END USER LICENCE or to more restrictive terms. It is also granted a non-exclusive, non-transferable, personal and worldwide right to commercially exploit the END USER APPLICATION for the benefit of third parties.

There is no restriction concerning the number of persons working for LICENSEE at building the END USER APPLICATION. There is no restriction concerning the number of copies of the END USER APPLICATION LICENSEE may distribute. However if LICENSEE wishes to distribute more than one END USER APPLICATION, it must purchase a separate COMMERCIAL DEVELOPER LICENCE for each new END USER APPLICATION.

This licence grant is expressly conditioned upon LICENSEE's compliance with all of the terms of this AGREEMENT. The licence granted hereunder applies only to the designated version of the enclosed SOFTWARE.

3. ENTERPRISE LICENCE

In purchasing an ENTERPRISE LICENCE, LICENSEE is granted from SCALAGENT DISTRIBUTED TECHNOLOGIES an unlimited number of COMMERCIAL DEVELOPER LICENCES.
With an ENTERPRISE LICENCE, LICENSEE additionally gains access to the source code of the SOFTWARE, and is granted from SCALAGENT DISTRIBUTED TECHNOLOGIES a non-exclusive and non-transferable right to use and modify the source code of the SOFTWARE to build END USER APPLICATIONS.
Redistribution rights are limited as stated in the COMMERCIAL DEVELOPER LICENCE, where “the SOFTWARE” must be understood as potentially “modified version of the SOFTWARE”. LICENSEE shall then notably distribute the END USER APPLICATION, including a modified version of the SOFTWARE, in binary form only, and grant no redistribution rights to its customers. LICENSEE may not disclose all or part of the source code of the SOFTWARE to a third party.

The source for updates of the SOFTWARE will be made available to LICENSEE upon request within short term after each change.

4. OTHER RESTRICTIONS

LICENSEE may not use, copy, rent, lease, sell, sublicense, assign or otherwise transfer the SOFTWARE or any copy, modification, or merged portion, in whole or in part, except as expressly provided for in this AGREEMENT. LICENSEE acknowledges that the SOFTWARE, in source code form, remains a confidential trade secret of SCALAGENT DISTRIBUTED TECHNOLOGIES and therefore LICENSEE agrees that it shall not modify, decompile, disassemble or reverse engineer the SOFTWARE or attempt to do so except as permitted by applicable legislation.

LICENSEE will not develop any product with the SOFTWARE that provides the user any development capability or which is generally competitive with the SOFTWARE.

If LICENSEE wishes to use the SOFTWARE in a manner prohibited by this AGREEMENT, LICENSEE should contact SCALAGENT DISTRIBUTED TECHNOLOGIES to determine whether a special licence may be obtained.

5. PROPRIETARY RIGHTS; NOTICES

Except for the limited licence granted herein, SCALAGENT DISTRIBUTED TECHNOLOGIES retains exclusive ownership of all proprietary rights (including all ownership rights, title, and interest) in and to the SOFTWARE. LICENSEE agrees not to represent that SCALAGENT DISTRIBUTED TECHNOLOGIES is affiliated with or approves of LICENSEE's END USER APPLICATION in any way. Except as required hereby, LICENSEE shall not use SCALAGENT DISTRIBUTED TECHNOLOGIES name, trademarks, or any SCALAGENT DISTRIBUTED TECHNOLOGIES designation in association with LICENSEE's END USER APPLICATION.

The END USER APPLICATION will contain the following copyright notice in the "About box": Portions of this product were created using JORAM+ (c)2004, SCALAGENT DISTRIBUTED TECHNOLOGIES. ALL RIGHTS RESERVED."

6. TERM

The licence granted hereby is effective until terminated. LICENSEE may terminate the licence by notifying SCALAGENT DISTRIBUTED TECHNOLOGIES, without refund, and destroying all copies of the SOFTWARE in any form. SCALAGENT DISTRIBUTED TECHNOLOGIES may terminate the licence if LICENSEE fails to comply with any term or condition of this AGREEMENT. Upon such termination, LICENSEE shall cease using the SOFTWARE and cease using or distributing the END USER APPLICATION containing all or part of the SOFTWARE, potentially modified.

All restrictions prohibiting LICENSEE's use of the SOFTWARE and intellectual propertyprovisions relating to SOFTWARE running to the benefit of SCALAGENT DISTRIBUTED TECHNOLOGIES will survive termination of the licence pursuant hereto. Termination will not affect properly granted end user licences of the END USER APPLICATION distributed by LICENSEE prior to termination.

7. EXCLUSION OF WARRANTIES

SCALAGENT DISTRIBUTED TECHNOLOGIES offers and LICENSEE accepts the SOFTWARE "AS IS." SCALAGENT DISTRIBUTED TECHNOLOGIES does not warrant the SOFTWARE will meet LICENSEE's requirements or will operate uninterrupted or error-free. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE EXCLUDED FROM THIS AGREEMENT AND SHALL NOT APPLY TO ANY SOFTWARE LICENCED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

8. LICENSEE'S REMEDIES: LIMITATIONS

LICENSEE'S SOLE AND EXCLUSIVE REMEDIES AGAINST SCALAGENT DISTRIBUTED TECHNOLOGIES ON ANY AND ALL LEGAL OR EQUITABLE THEORIES OF RECOVERY SHALL BE, AT SCALAGENT DISTRIBUTED TECHNOLOGIES SOLE DISCRETION, (A) REPAIR OR REPLACEMENT OF DEFECTIVE SOFTWARE; OR (B) REFUND OF THE LICENCE FEE PAID BY LICENSEE.

9. NO LIABILITY FOR CONSEQUENTIAL DAMAGES

In no event shall SCALAGENT DISTRIBUTED TECHNOLOGIES be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising out of use of or inability to use the SOFTWARE, even if SCALAGENT DISTRIBUTED TECHNOLOGIES or its dealer have been advised of the possibility of such damages.

10. AVAILABILITY OF THE SOURCE CODE

In the case that SCALAGENT DISTRIBUTED TECHNOLOGIES ceases to exist or otherwise stops maintenance of the SOFTWARE, without transferring ownership of the SOFTWARE, SCALAGENT DISTRIBUTED TECHNOLOGIES will make the source code of the SOFTWARE available to LICENSEE. In the case that SCALAGENT DISTRIBUTED TECHNOLOGIES transfers ownership of the SOFTWARE, it will oblige the successor to make the source code available to LICENSEE under the same conditions.

11. GENERAL

This AGREEMENT shall be interpreted, construed, and enforced according to the laws of France. In the event of any action under this AGREEMENT, the parties agree that the courts located in Grenoble, France will have exclusive jurisdiction and that a suit may only be brought in Grenoble, France and LICENSEE submits itself for the jurisdiction and venue of the courts located in Grenoble, France. This AGREEMENT constitutes the entire agreement and understanding of the parties and may be modified only in writing signed by both parties.

No officer, salesman, or agent has any authority to obligate SCALAGENT DISTRIBUTED TECHNOLOGIES by any terms, stipulations or conditions not expressed in the AGREEMENT. All previous representations and agreements, if any, either verbal or written, referring to the subject matter of this AGREEMENT are void. If any portion of this AGREEMENT is determined to be legally invalid or unenforceable, such portion will be severed from this AGREEMENT and the remainder of the AGREEMENT will continue to be fully enforceable and valid. This AGREEMENT, and the rights hereunder, may not be assigned by LICENSEE (whether by oral or written assignment, sale of assets, merger, consolidation or otherwise), without the express written consent of SCALAGENT DISTRIBUTED TECHNOLOGIES.

LICENSEE agrees to be responsible for any and all losses or damages arising out of or incurred in connection with his END USER APPLICATION. LICENSEE agrees to defend, indemnify and hold SCALAGENT DISTRIBUTED TECHNOLOGIES harmless from any such loss or damage (including attorney's fees) arising from the use, operation or performance of his END USER APPLICATION or LICENSEE's breach of any terms of this AGREEMENT. LICENSEE shall be responsible for paying all state and federal use, sales or value added taxes, duties or governmental charges, whether presently in force or come into force in the future, related to the distribution and sale of the END USER APPLICATION and will indemnify SCALAGENT DISTRIBUTED TECHNOLOGIES against any claim made against SCALAGENT DISTRIBUTED TECHNOLOGIES relating to any such taxes or assessments.