LANGBOX INTERNATIONAL XLANGBOX-ARA

END-USER LICENSE SOFTWARE FOR ARAZILLA PRODUCT

IMPORTANT INFORMATION: PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THE ASSOCIATED SOFTWARE. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE

 

  1. Creation of Binding Agreement: Return Right. This license is a binding legal agreement between LangBox International (“LangBox”) and you (individually, a “Party”; together, the “Parties”). This License governs the Parties’ rights and obligations concerning (i) LangBox International AraZilla Software (the “Software Application”) and (ii) any associated media, online documentation, or printed documentation (items (i) and (ii) are collectively referred to as the “Software Product”). IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THE SOFTWARE PRODUCT. Instead, promptly remove the Software Product from your hard disk.

  2. Open-Source Software. The Parties acknowledge that source code for the Linux Operating System, and for various other Linux applications, is subject to the terms of GNU General Public License (“Open-Source Software”). A copy of the General Public License (version 2, June, 1991) can be obtained from http://www.linux.org/info/gnu.html, as well as from other web sites.
    3. The Parties acknowledge that source code for the Mozilla Browser is subject to the terms of MPL 1.1 (Mozilla Public License). A Copy of the Mozilla Public License can be obtained from http://www.mozilla.org/MPL/

  3. Scope of License. The Software Application integrates a variety of different software modules. LangBox states (i) that certain modules of the Software Application incorporate Open-Source Software, and (ii) that certain modules of the Software Application do not incorporate Open-Source Software and are not subject to the General Public License or other similar licensing structures (the “Closed-Source Modules”). This License applies only to LangBox’s Closed-Source Modules (where the context permits, referred to simply as the “Software Application”), and the General Public License/Mozilla Public License applies to all other modules according their original license.

  4. Rights to Source Code. Source code for all Open-Source modules within the Software Application is available at no charge upon inquiry to LangBox, under Section 15.

  5. Grant of License. Subject to the “scope” provisions of Section 3, LangBox grants to you a nonexclusive license (i) to install the Software Application on a single Workstation; and (ii) to use the Software Product for its intended purposes. For purposes of this License, the term “Workstation" shall mean an individual computer which is connected to a network and which runs the Software Application.

  6. Network Installation and Storage. You may store a copy of the Software Application on a network storage device, provided (i) that this copy is used only to install the Software Application on your Workstation, over an internal network, and (ii) that you acquire a separate License for each separate Workstation on which the Software application is installed from such storage device.

  7. Product Support. If the you desire a specfic support of the product, or specific usage or feature, LangBox shall provide to the you technical support to assist you in installing, configuring, and operating the Software Application or to develop a specific feature (“Support”). Such Support will be available to you at a charge under the terms of a separate Agreement and the support shall be offered only via e-mail, Monday through Friday (excluding holidays) from 8:00 am to 8:00 pm, GMT. You agree to seek only commercially reasonable Support under this Section 7, and LangBox reserves the right to limit or deny requests for Support which exceed this standard.

  8. Limitations on Warranty. SECTION 7 ABOVE, PROVIDES THE EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7, LANGBOX MAKES NO WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE PRODUCT AND EXPRESSLY DISCLAIMS ANY IMPLIED OR OTHER WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, ACCURACY, OR FITNESS FOR A PARTICULAR PURPOSE.


    9.

  9. Limitation of Liability. LANGBOX SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR DAMAGES FOR CLAIMED LOST PROFITS REVENUE, OR LOST BUSINESS. IN ADDITION, LANGBOX’S LIABILITY UNDER THIS LICENSE SHALL NOT EXCEED AN AMOUNT EQUAL TO THAT PAID BY YOU HEREUNDER.

  10. Exceptions to Liability and Warranty Limitations. In certain contracts, some states do not allow exclusions, or limitations on the duration of implied warranties. The above limitations and exclusions, accordingly, may not apply to you.

  11. Software Transfer. If you wish to transfer the Software Product to a third party, you may do so as long as: (i) you retain no copies of the Software Application after the transfer, (ii) you transfer all of the Software product (including the media, this License, and all documentation) to the third party, and (iii) the third party agrees to the terms of this End-User License.

  12. Ownership; No Implied Rights. Subject to the “scope” provisions of Section 3, the Software product contains copyright-protected materials, trade secrets, and other proprietary information, all right, title, and interest to which are held by LangBox or its licensors. The Software Product is licensed, not sold, and all rights not expressly granted in this License are specifically reserved to LangBox subject to the “scope” limitations of Section 3.

  13. Termination. You may terminate this License at any time by destroying the Software Product. Without prejudice to LangBox’s other rights, this License will terminate immediately, and without need for notice, if you fail to comply with the terms of this License. Upon such termination, you must cease all use of, and destroy the Software product, with the exception of use outside the “scope” provisions of Section 3, if applicable.

  14. Controlling Law; Severability. This License shall be governed by the laws of France, as applied to agreements entered into and to be performed entirely within France by French residents. If any provision of this License is held unenforceable, that provision shall be enforced to the maximum extent permissible, and the remainder of this License shall continue in full force and effect.

  15. Further Information, Questions. If you should have any questions concerning this End-User License, or if you wish to contact LangBox for any reason, please write us at:

    16.

    LangBox International
    Immeuble Space, Bat B
    208-212 Routede Grenoble
    06200, Nice - France.
    Tel: +33 (0) 4 93 71 14 10
    Fax: +33 (0) 4 93 71 15 60
    info@langbox.com

October 10th, 2000