Free Saffron Evaluation

Saffron Workgroup Trial Edition LICENSE AGREEMENT.
Saffron Trial Edition License Agreement 
March 18, 2003

1.	INTRODUCTION

This License Agreement (herein referred to as "Agreement") is a legal agreement between you (either an individual, or an entity) and Dynalivery Corporation (herein referred to as "Dynalivery") for the Saffron trial edition software product, which includes computer software and associated media, printed materials, and "on-line" or electronic documentation (herein referred to as "Software Product"). Dynalivery is authorized by agreements with suppliers to include, modify and resell licenses of the suppliers' software bundled with or compiled into the Software Product. The terms of this License Agreement shall benefit and be enforceable by Dynalivery and its suppliers. By opening the sealed software package and/or by installing, copying or otherwise using the Software Product, you agree to be bound by the terms of this Agreement. 

2.	LIMITED LICENSE

2.1	You are obtaining only a non-exclusive right to use a single copy of the Software Product, and are acquiring no rights to the software itself, or the enclosed copy, except the Limited License granted herein. You agree that you will not sublicense, assign, rent, sell, resell, manufacture, lease, distribute or otherwise transfer the Software Product.

2.2	Dynalivery grants you a Limited License to use the Software Product on one computer.  You must obtain additional licenses to run on more than one computer.  You may access the Software Product from a hard disk, over a network or by any other method, strictly in accordance to the terms hereof.

2.3	You may not use the Software Product for any purpose after the license key expires.

2.4	You may not embed the Software Product, in whole or in part into any other product, in either source, binary, or distributed combinations.

2.5	You may use the subsidiary dynamic link libraries (DLL's), the .jar files and other components contained in the Software Product only with the Software Product or applications you develop in accordance with this Agreement.

2.6	Independent Contractor User. The term "Independent Contractor User" shall mean an employee of an independent contractor of you who is under contract with you to perform services for you. You shall take appropriate action by instruction, non-disclosure agreement or otherwise to ensure that each Independent Contractor User who has access to the Software Product protects and limits its use to the same extent that Licensee is obligated to do so under this Agreement.  





3.         COPYRIGHT

All title and copyrights in and to the Software Product (including but not limited to, any images, photographs, animation, video, audio, music, and text incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Dynalivery or its suppliers. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you may not copy the Software Product except that you may make one copy of the Software Product solely for backup or archival purposes. Solely with respect to the documentation included with the Software Product, you may make a reasonable number of copies, provided that such copies shall be used only by you in conjunction with your use of the Software Product, and are not republished or distributed to any third party. You will not remove, alter or destroy any form of copyright notice, proprietary markings or confidential legends placed upon or contained within the Software Product.

4.	OTHER RESTRICTIONS

4.1	Not for Use in Production Environments.  You may not use the Software Product in production.

4.2	Export. Any export of the Software Product or its technical data from the United States may be restricted by U.S. export control laws, and accordingly you must comply with such laws before engaging in any such export.

4.3	Limitations on Modifications or Reverse Engineering. You may not alter, disassemble, decompile, or reverse-engineer the Software Product.

4.4	No Separation of Components. The Software Product is licensed as a single product, and the software programs comprising the Software Product may not be separated.

4.5	Software Transfer Prohibited.  You may not transfer or redistribute the Software Product, in whole or in parts to another party.

4.6	Unless otherwise agreed to in writing by Dynalivery, you shall not use the Dynalivery name, logo or trademark in marketing your application. 

4.7	Termination. Without prejudice to any other rights, Dynalivery may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the Software Product.





5.	NO WARRANTY

BECAUSE THE SOFTWARE PRODUCT IS A TRIAL VERSION LICENSED FREE OF CHARGE, THERE IS NO WARRANTY FOR THE SOFTWARE PRODUCT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE SOFTARE PRODUCT "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE PRODUCT IS WITH YOU.  SHOULD THE SOFTWARE PRODUCT PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 

	IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL DYNALIVERY OR ANY COPYRIGHT HOLDER, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE PRODUCT (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE SOFTWARE PRODUCT TO OPERATE WITH ANY OTHER SOFTWARE), EVEN IF DYNALIVERY OR SUCH COPYRIGHT HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

6.	HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS

The Software Product is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems. Dynalivery specifically disclaims any express or implied warranty of fitness for such purposes.


7.	UNITED STATES GOVERNMENT RESTRICTED RIGHTS

The Software Product and accompanying documentation are "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R.  12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202, all U.S. Government users acquire the Software Product with only those rights set forth herein. 





8.	GOVERNING LAW

This Agreement is governed by the laws of the State of Missouri, United States of America; each party irrevocably attorns to the exclusive jurisdiction of the courts of the State of Missouri.


9.	MISCELLANEOUS

9.1	Dynalivery is under no obligation to issue maintenance releases or to ever bring to market a Saffron production release on any schedule, for any price, or under any license terms.

9.2	This document constitutes the entire agreement of the parties regarding the subject matter herein.  All rights not expressly granted to you are retained by Dynalivery.

10.	AMENDMENTS

No change, modification or alteration of this Agreement shall be effective unless in writing and signed by both parties.

11.	WAIVER

No waiver of any provision of this Agreement or of the rights and obligations of the parties shall be effective unless in writing and signed by the party waiving compliance. Any such waiver shall be effective only in the specific instances and for the specific purpose stated in such writing.

12.	SEVERABILITY

If any term, clause or provision of this Agreement shall be deemed invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable in accordance with its terms.




APPENDIX

This appendix includes copyright and licensing information which pertains to the embedding of the following components in Saffron Trial Edition:  TAO ORB of the Distributed Object Computing (DOC) Group at Washington University in St. Louis, JacORB of the Software Engineering and Systems Software Group at Freie Universität Berlin and Xtradyne Technologies AG., Apache FOP, Apache Batik, Apache Xalan, Apache Xerces, Apache Avalon, and Object Refinery's JFreeChart.   


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The following information pertains to the TAO ORB:

Copyright and Licensing Information for SunSoft IIOP 

 Copyright 1995 Sun Microsystems, Inc.
 All Rights Reserved.

This notice applies to all files in this software distribution that were originally derived from SunSoft IIOP code. (Such files contain Sun Microsystems copyright notices).

This software product (LICENSED PRODUCT), implementing the Object Management
Group's "Internet Inter-ORB Protocol", is protected by copyright and is distributed under the following license restricting its use.  Portions of LICENSED PRODUCT may be protected by one or more U.S. or foreign patents, or pending applications.

LICENSED PRODUCT is made available for your use provided that you include this license and copyright notice on all media and documentation and the software program in which this product is incorporated in whole or part.

You may copy, modify, distribute, or sublicense the LICENSED PRODUCT without charge as part of a product or software program developed by you, so long as you preserve the functionality of inter-operating with the Object Management Group's "Internet Inter-ORB Protocol" version one.  However, any uses other than the foregoing uses shall require the express written consent of Sun Microsystems, Inc.

The names of Sun Microsystems, Inc. and any of its subsidiaries or affiliates may not be used in advertising or publicity pertaining to distribution of the LICENSED PRODUCT as permitted herein.

This license is effective until terminated by Sun for failure to comply with this license.  Upon termination, you shall destroy or return all code and documentation for the LICENSED PRODUCT.

LICENSED PRODUCT IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

LICENSED PRODUCT IS PROVIDED WITH NO SUPPORT AND WITHOUT ANY OBLIGATION ON THE PART OF SUN OR ANY OF ITS SUBSIDIARIES OR AFFILIATES TO ASSIST IN ITS USE, CORRECTION, MODIFICATION OR ENHANCEMENT.

SUN OR ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL HAVE NO LIABILITY WITH RESPECT TO THE INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BYLICENSED PRODUCT OR ANY PART THEREOF.

IN NO EVENT WILL SUN OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR OTHER SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

This notice applies to the files used in the IDL Compiler front-end:

Copyright 1992, 1993, 1994 Sun Microsystems, Inc.
All Rights Reserved.

This product is protected by copyright and distributed under the following license restricting its use.

The Interface Definition Language Compiler Front End (CFE) is made available for your use provided that you include this license and copyright notice on all media and documentation and the software program in which this product is incorporated in whole or part. You may copy and extend functionality (but may not remove functionality) of the Interface Definition Language CFE without charge, but you are not authorized to license or distribute it to anyone else except as part of a product or program developed by you or with the express written consent of Sun Microsystems, Inc. ("Sun").

The names of Sun Microsystems, Inc. and any of its subsidiaries or affiliates may not be used in advertising or publicity pertaining to distribution of Interface Definition Language CFE as permitted herein.

This license is effective until terminated by Sun for failure to comply with this license.  Upon termination, you shall destroy or return all code and documentation for the Interface Definition Language CFE.

INTERFACE DEFINITION LANGUAGE CFE IS PROVIDED AS IS WITH NO WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.

INTERFACE DEFINITION LANGUAGE CFE IS PROVIDED WITH NO SUPPORT AND WITHOUT ANY OBLIGATION ON THE PART OF Sun OR ANY OF ITS SUBSIDIARIES OR AFFILIATES TO ASSIST IN ITS USE, CORRECTION, MODIFICATION OR ENHANCEMENT.

SUN OR ANY OF ITS SUBSIDIARIES OR AFFILIATES SHALL HAVE NO LIABILITY WITH RESPECT TO THE INFRINGEMENT OF COPYRIGHTS, TRADE SECRETS OR ANY PATENTS BY INTERFACE DEFINITION LANGUAGE CFE OR ANY PART THEREOF.

IN NO EVENT WILL SUN OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE FOR ANY LOST REVENUE OR PROFITS OR OTHER SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES, EVEN IF SUN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Both Sun software products are also covered by the following:

Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 and FAR 52.227-19.

SunOS, SunSoft, Sun, Solaris, Sun Microsystems and the Sun logo are trademarks or registered trademarks of Sun Microsystems, Inc.

SunSoft, Inc.
2550 Garcia Avenue
Mountain View, California  94043

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The following information pertains to JacORB, Apache FOP, Apache Batik, Apache Xalan, Apache Xerces, Apache Avalon, and the Object Refinery's JFreeChart.

See the copyright and licensing information located in the license subfolder within the Software Product distribution.