Jinni License Agreement

Jinni 2005 SOFTWARE LICENSE AGREEMENT


GENERAL
ALL SALES ARE SUBJECT TO THE ACCEPTANCE OF THE TERMS IN THIS LICENSE AGREEMENT. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SOFTWARE.

Each provision of this License Agreement shall be interpreted in a manner as to be valid and effective under applicable law. The software and documentation are provided “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.

Limitation of liability, industrial property rights etc.

  • The Licensor shall not be liable to the User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement, the Software, its use or otherwise.
  • The Licensor expressly excludes liability for consequential loss or damage which may arise in respect of the Software, its use, the system or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings.
  • To the best of the Licensor's knowledge, the Software or the use thereof does not infringe any third party's property rights.  The Licensor shall have no responsibility for any claims or infringements of patents, trade marks, copyrights or other property rights affecting the User's use of the Software.
Assignment
  • The rights granted under this Agreement may not be assigned or transferred without the prior written consent of the Licensor.
Term and Termination
  • This Agreement is effective when the User starts using the Software. The rights granted herein for the Software shall remain in force until the User discontinues to use the Software.
  • The Licensor may terminate this Agreement immediately if the User commits a material breach of any provision of this Agreement.  Any use or disposal of the Software that is not expressly permitted under this Agreement is considered as a material breach of the Agreement.
  • Immediately upon termination of this Agreement, the User shall destroy the original and all such copies and certify such destruction to the Licensor by e-mail.
  • Licensor acknowledges that it shall have no right to terminate the licenses or sub-licenses in the executable form of the software that has incorporated in value-added products distributed to third parties. Upon any termination of this Agreement, the User shall have the right to retain and use one or more copies of the software for the purpose of supporting and maintaining value-added products.
Applicable law
  • This Agreement shall be governed by the law of Texas.
For questions concerning this License Agreement, please contact us at:
BinNet Corp .                                        Tel:  (940) 300-7171
1300 Dallas Drive, Suite 1727            E-MAIL: binnetcorp@binnetcorp.com
Denton, Texas 76205                           WWW: http://www.binnetcorp.com
USA
Jinni 2005 PROFESSIONAL, EDUCATIONAL AND  FULL SOURCE CODE LICENSE

1.  Definitions
As used in this Agreement: "Software" shall mean the compiled Java classes and source files of the Jinni 2005 Prolog compiler and its extensions as downloaded from http://www.binnetcorp.com or delivered on the floppy disk, CD media  or by e-mail.

2.  Right to use the Software
2.1    The Licensor hereby grants to the User a non-transferable, non-exclusive right to use the Software for any purpose including porting it to a new machine or integrating it in an application for profit. The User shall have the right to integrate, modify the software in value added products delivered in executable form to third parties. Use in applets on the Internet is also permitted, provided that the User makes sure that the Jinni binaries which can be executed from the User's server cannot be downloaded by third parties.

2.2    The User may not grant any right to the Software to any third party or give away his or her copy of the Software or forward the e-mail message containing the software.

3.  Fee
The User shall upon delivery of the Software pay a one time fee of the amount specified in the Order Information.

(C)    For commercial organizations or individuals willing to add value and resell a product obtained by integrating the licensed Software in or Java application a one time fee of the amount specified as commercial site license in the Order Information  in the current distribution shall be paid to the Licensor.

(A)    For universities, research institutes and other non-profit organizations and individuals using the software for non-profit purposes an one-time fee of the amount specified as the academic site license (A) in the Order Information  in the current distribution shall be paid to the Licensor.

4.  Ownership
The Licensor is and shall remain sole and exclusive owner of the Software and the copies thereof.
4.1    No run-time fees are required for use of the executables at the User's premises for cases 3(A) and 3(C).

4.2    No run-time fees are required in the case of integration of the software in a value-added product delivered in executable form to a third party as described in section 3(C) and for use of executables at third parties premises or elsewhere.

5.  Copies and Modifications
5.1    The User is entitled to make copies of the Software for use at his premises.  The User shall furnish each copy with proprietary marks and symbols identical to those affixed to the Software.  The User may not make any copy available outside the User's premises.

5.2    The User may modify, update, improve, correct, or alter the Software in accordance with this Agreement.  Such modifications, updates, improvements, corrections or alterations made by the User shall become the property of the User.

6.  Service and information
Unless the parties otherwise agree, the Licensor shall not be required to provide to the User any installation services, technical assistance, maintenance support, supplementary information, improvements or modifications for or in respect of the Software.



© Copyright 1998-2005 BinNet Corporation. All Rights Reserved.