Flagstone Software License
Version 1, April 2001
1. Definitions
1.1 "Licenced Software" means the code and documentation and other materials
accompanying this License.
1.3 "You" or "Your" means an individual or a legal entity exercising rights
under this License. For legal entities, "You" or "Your" includes any entity
which controls, is controlled by, or is under common control with, You, where
"control" means (a) the power, direct or indirect, to cause the direction or
management of such entity, whether by contract or otherwise, or (b) ownership
of fifty percent (50%) or more of the outstanding shares or beneficial
ownership of such entity.
2. License.
Subject to the terms and conditions of this License, Flagstone Software
Limited ("Flagstone") hereby grants you a world-wide, royalty-free, non-
exclusive license to do the following:
2.1 As an individual you may make and use copies of the Licenced Software
for the purpose of designing and developing your software product(s) provided
that you are the only inidividual using the Licenced Software.
As an entity or organization you may make and use copies of the Licenced
Softwareprovided that you have acquired a separate and valid license for
each each individual using the Licenced Software.
2.2 You may also store or install a copy of the Licenced Software on a network
server only to install or run the Licenced Software on computers used by a
licenced end user. A single licence may not be shared or used concurrently by
other end users.
2.3 You may not translate, adapt, de-compile, reverse engineer or modify the
Licenced Software.
2.4 You may reproduce and distribute the object code from any portion of the
Licenced Software only as part of a derivative work.
2.5 You may transfer your rights under this License provided you transfer
this License and a copy of the Software to a party who agrees to accept the
terms of this License and destroy any other copies of the Software in your
possession.
3. Disclaimer of Warranties.
The Software is provided "AS IS" and without warranty of any kind. You
acknowledge and agree that the use of the Licenced Software is at your
sole risk. FLAGSTONE DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF THIRD PARTY RIGHTS.
FLAGSTONE DOES NOT WARRANT THAT THE USE OR THE RESULTS OF THE USE OF THE
LICENSED SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SHOULD THE LICENSED
SOFTWARE PROVE DEFECTIVE, YOU (AND NOT FLAGSTONE) ASSUME THE ENTIRE COST
OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. Some countries do not
allow the exclusion of implied warranties therefore the above disclaimer
may not apply to you.
4. Limitation of Liability.
UNDER NO CIRCUMSTANCES SHALL FLAGSTONE BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR
THE INABILITY TO USE THIS LICENSED SOFTWARE. Some countries do not allow
the exclusion or limitation of liability for consequential or incidental
damages so the above disclaimer may not apply to you.
5. Termination.
5.1 Termination. This License and the rights granted hereunder will
terminate:
(a) automatically without notice from Flagstone if You fail to comply
with any term(s) of this License and fail to cure such breach within 30
days of becoming aware of such breach;
(b) immediately in the event of the circumstances described in Section
7.3(b); or
(c) automatically without notice from Flagstone if You, at any time
during the term of this License, commence an action for patent infringement
against Flagstone.
5.2 Effect of Termination. Upon termination, You agree to immediately stop
any further use, reproduction, and distribution of the Licenced Software and
to destroy all copies of the Licenced Software that are in Your possession
or control.
6. Export Law.
You expressly agree to comply with all rules, regulations and laws
applicable to the export or re-export of the Licenced Software except as
authorized by the laws of the United Kingdom or any jurisdiction in which
the Licenced Software was obtained. The Licenced Software may not be
exported or re-exported into, or to a national or resident of, any country
embargoed by the United Kingdom. By using the Licenced Software, you
represent and warrant that you are not located in, under control of, or a
national or resident of any such country or on any such list.
7. Miscellaneous.
7.1 Relationship of Parties. This License will not be construed as
creating an agency, partnership, joint venture or any other form of legal
association between You and Flagstone, and You will not represent to the
contrary, whether expressly, by implication, appearance or otherwise.
7.2 Waiver; Construction. Failure by Flagstone to enforce any provision
of this License will not be deemed a waiver of future enforcement of that
or any other provision. Any law or regulation which provides that the
language of a contract shall be construed against the drafter will not
apply to this License.
7.3 Severability. (a) If for any reason a court of competent jurisdiction
finds any provision of this License, or portion thereof, to be unenforceable,
that provision of the License will be enforced to the maximum extent
permissible so as to effect the economic benefits and intent of the parties,
and the remainder of this License will continue in full force and effect.
(b) Notwithstanding the foregoing, if applicable law prohibits or restricts
You from fully and/or specifically complying with Sections 2 and/or 3 or
prevents the enforceability of either of those Sections, this License will
immediately terminate and You must immediately discontinue any use of the
Licenced Software and destroy all copies of it that are in your possession
or control.
7.4 Entire Agreement; Governing Law. This License constitutes the entire
agreement between the parties with respect to the subject matter hereof.
This License shall be governed by the laws of Scotland.
