This is the license for software converted with Beelucid software conversion services.
Beelucid Software, LLC. END-USER SOFTWARE LICENSE AGREEMENT, Code Conversion Service READ THIS BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE BOTTOM OF THIS PAGE. BEFORE YOU CLICK ON THE "I AGREE" BUTTON AT THE END OF THIS DOCUMENT, PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY. BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE AGREEING TO BECOME A PARTY TO AND BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT. IF YOU DO NOT AGREE TO BECOME A PARTY TO AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, CLICK ON THE "CANCEL" BUTTON. NOTE THIS LICENSE APPLIES SEPARATELY TO EACH BEELUCID SOFTWARE PRODUCT YOU HAVE PURCHASED. 1.Grant of License. The Beelucid Code Conversion Service converts source programs from a source language and source platform to a target language and target platform. The Beelucid Code Conversion Service converts source programs into a converted application that contains your source program converted line by line (collectively, the "Software") as well as a set of interfaces (collectively, the "Plugin Adapter Interfaces") that enable the Software to use the services of the target platform. Subject to your compliance with the terms and conditions contained in this End-User Software License Agreement ("Agreement"), BEELUCID SOFTWARE, LLC. ("Supplier") grants to you a royalty-free, transferable license (the "License") to use the Software produced by its Code Conversion Service and any accompanying electronic documentation for your own lawful use, including redistribution of the Software in source and binary forms, with or without modification. This License covers the Software and not the Plugin Adapter Interfaces. Each Plugin Adapter Interface used by your converted code and distributed with the converted application is covered by an open source license; that license is included in the source file of each Plugin Adapter Interface. 2.Confidentiality. In the performance of this Agreement, each party may have access to confidential, proprietary or trade secret information owned or provided by the other party relating to software computer programs, object code, source code, marketing plans, business plans, customers, financial information, specifications, business processes, and other data (collectively, "Confidential Information"). All Confidential Information supplied by one party to another pursuant to this agreement shall remain the exclusive property of the disclosing party. The receiving party shall use such Confidential Information only for the purposes of this Agreement and shall not copy, disclose, convey, or transfer any of the Confidential Information or any part thereof to any third party, excluging the party's authorized employees and agents. Neither party shall have any obligation with respect to Confidential Information which: (i) is or becomes generally known to the public by any means other than a breach of the obligations of a receiving party; (ii) was previously known to the receiving party or rightly received by a receiving party from a third party; or (iii) is independently developed by the receiving party. 3.No Warranties. THE SOFTWARE IS LICENSED TO YOU FOR NO CHARGE ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE AND WARRANTIES AS TO ACCURACY, COMPLETENESS OR CURRENTNESS, WITH RESPECT TO THE SOFTWARE AND/OR ANY RELATED SERVICES OR ITEMS OFFERED, INCLUDING, WITHOUT LIMITATION, ANY END-USER SUPPORT SERVICES THAT MAY BE OFFERED, AND ANY CONTENT THAT MAY BE ACCESSED, INDEXED AND/OR DOWNLOADED BY OPERATION OF THE SOFTWARE. Without limiting the foregoing, you are responsible for the supervision, management and control of the use of the Software and any output of the Software, including but not limited to properly installing the Software on your computer system, determining the appropriate uses of the software, and establishing adequate backup to prevent any adverse consequences in the event of a software malfunction. Supplier does not warrant that your use of the Software will be uninterrupted or error-free. the entire risk as to the quality and performance of the Software and any related products and services and any content provided thereby remains with you and, should any of the foregoing prove defective or harmful, you assume the entire risk and cost of servicing, repair or correction. 4.LIMITATIONS ON LIABILITY. SUPPLIER, ITS AFFILIATES, AND ANY LICENSORS, AGENTS, SUPPLIERS AND DISTRIBUTORS THEREOF, INCLUDING WITHOUT LIMITATION ANY CONTENT PROVIDERS, DISCLAIM ALL LIABILITY FOR, AND UNDER NO CIRCUMSTANCES SHALL BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR, ACTUAL OR ALLEGED DAMAGES OF ANY KIND OR CHARACTER (INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES), WHETHER IN CONTRACT, TORT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, LOSS OF PROFIT, LOSS OF USE, STOPPAGE OR INTERRUPTION OF BUSINESS, BREACH OF ANY TRADEMARKS, TRADE NAMES, TRADE SECRETS, COPYRIGHTS OR OTHER PROPRIETARY RIGHTS OF ANY THIRD PARTIES, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES OF ANY KIND, ARISING OUT OF OR RELATING TO THE USE OR PERFORMANCE OR NON-PERFORMANCE OF THE SOFTWARE AND/OR RELATED PRODUCTS AND SERVICES (INCLUDING, WITHOUT LIMITATION, THE RETRIEVAL AND DOWNLOADING OF CONTENT OR OTHER INFORMATION BY THE SOFTWARE OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE THEREON), WHETHER OR NOT FORESEEABLE AND EVEN IF SUPPLIER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 5.Effect of State Law. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. 6.Export. You may not download or otherwise export or re-export the Software or any underlying information or technology except in full compliance with all United States and/or foreign laws and all other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 7.U.S. Government Restricted Rights. The Software is provided with "Restricted Rights." 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 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable (and the successor clauses to any of the foregoing). Contractor/manufacturer is Supplier, Inc. 8.Term and Termination of License. This Agreement and the License granted in it shall continue until Supplier announces its termination, and Supplier may terminate the License granted at any time if you are in breach of any of this Agreement's terms and conditions. 9.General. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE LICENSE AGREEMENT BETWEEN YOU AND SUPPLIER AND SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN YOU AND SUPPLIER OR ITS AFFILIATES RELATING TO THE SUBJECT MATTER OF THIS LICENSE AGREEMENT. If any provision of this Agreement is held to be unenforceable in any jurisdiction for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (a) of such provision under other circumstances or jurisdictions, or (b) of the remaining provisions hereof under all circumstances or jurisdictions. Headings shall not be considered in interpreting this Agreement. This Agreement may be assigned or transferred by Supplier. This Agreement will be governed by the laws of the United States and the laws of the State of California, without regard to conflicts of laws principles. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Any and all disputes relating to this Agreement shall be heard in San Francisco County Superior Court, or in the Northern District of California, and the parties expressly agree to the jurisdiction of those courts.