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CONTRAT DE LICENCE

BUILDER XCESSORY (BX) LICENSE AGREEMENT

READ THIS AGREEMENT BEFORE USING THE SOFTWARE (THE "PROGRAM"), THE PROGRAM MEDIA (THE "MEDIA") OR THE ACCOMPANYING DOCUMENTATION (THE "DOCUMENTATION").

DOWNLOADING, INSTALLING OR USING THE PROGRAM SHALL INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT.

THIS AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING THE PROGRAM AND DOCUMENTATION BETWEEN YOU (THE "CUSTOMER") AND INTEGRATED COMPUTER SOLUTIONS, INC. ("ICS"). IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN YOU AND ICS. BY BREAKING THE SEAL ON THE MEDIA, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT USE OR INSTALL THE PROGRAM, AND PROMPTLY RETURN THE CONTENTS, WITH THE MEDIA SEAL UNBROKEN, FOR A REFUND.

THIS IS A LICENSE for BX for Java(tm).

LICENSE.

All title and copyrights in and to the Program and the Documentation are owned by ICS or its suppliers. The Program is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This Program is licensed, not sold.

ICS grants to the Customer a nonexclusive, nontransferable (except as provided herein) license to use the Program and the Documentation.

1. GRANT OF LICENSE.

This license grants you the following rights:

If this is an EVALUATION LICENSE:

Software Installation and Use. You may install and evaluate BX FOR JAVA on any platform. However, you may not develop applications, servlets, programs, applets or any other software created by you using BX FOR JAVA, nor may you use any of the included components of BX FOR JAVA for any purpose other than evaluation. The EVALUATION LICENSE will allow you to evaluate all of the functions of BX FOR JAVA, but you may not use the Java code produced outside of BX FOR JAVA.

If this is an SINGLE HUMAN USER LICENSE:

Software Installation and Use. The Named User ("you") may install and use one copy of BX FOR JAVA on any operating system group (e.g. UNIX, Linux, Windows, Macintosh) for which you have been issued a valid license key. This means that no unlicensed user(s) may use the software at the same time under any circumstances, nor can the software be used on operating system group for which you have not been issued a valid license key. Additional Named Users and/or additional operating system groups may be added by notifying ICS and paying the then-current fees. Any verifiable Named User covered under a support agreement can transfer their license to another Name, by contacting ICS and paying the then-current nominal License Transfer fee.

Storage/Network Use. BX FOR JAVA may not be accessed, displayed, run, shared or used concurrently on or from different computers, including a workstation, terminal or other digital electronic device ("Devices"), except for the installation of the software.

Back-up Copy. You may make a single back-up copy of BX FOR JAVA. You may use the back-up copy solely for archival purposes. Except as expressly provided in this license, you may not otherwise make copies of BX FOR JAVA including any printed or support materials accompanying the software.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble BX FOR JAVA. Any attempt to decompile, disassemble or reverse engineer BX FOR JAVA shall immediately terminate this license, and subject the User to all available legal remedies pursuant to Federal and State laws. The User acknowledges that the loss to Integrated Solutions, Inc.for violation of this provision may be incapable of calculation, and thereby consent to the jurisdiction of a court of equity, at the election of ICS.

Separation of Components. BX FOR JAVA is licensed as a single product. Its component parts may not be separated for use on more than one computer. Rental. You may not rent, lease or lend BX FOR JAVA to anyone. BX FOR JAVA Transfer. You may not transfer any of your rights under this license except as set forth in Item 1 above.

Termination. Without prejudice to any other rights, ICS may terminate this license if you fail to comply with the terms and conditions of this license. In such event, you must destroy all copies of BX FOR JAVA and all of its component parts.

Trademarks. This license does not grant you any rights in connection with any trademarks or service marks of ICS

WHAT YOU CAN DO WITH PROGRAMS YOU CREATE USING BX FOR JAVA. You may freely re-distribute applications, servlets, programs, applets or any other software created by you using BX FOR JAVA (but not if this is an EVALATION LICENSE).

REDISTRIBUTABLES. Included in BX FOR JAVA are certain components (JAVA classes) that may be freely re-distributed with software that you create using BX FOR JAVA. These are identified as all classes whose package name is ICS.COMMON.*.*. These can be found in the ICS.COMMON.JAR file, or in the lib directory. However, in the event of any such redistribution, you must identify INTEGRATED COMPUTER SOLUTIONS, INC. OR ITS SUPPLIERS as the copyright owner of the redistributable and acknowledge the trademarks and/or trade names thereof. Additionally, some of the redistributables may be from companies other than INTEGRATED COMPUTER, INC., and may have other requirements or limitations. You agree to be subject to those requirements and limitations.

3. LICENSE FEES.

The applicable fee for the licensing of BX FOR JAVA (depending on the type and extent of license) may be obtained by contacting INTEGRATED COMPUTER SOLUTIONS, INC.

4. COPYRIGHT.

All title and intellectual property rights in and to BX FOR JAVA (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into BX FOR JAVA), the accompanying printed materials, and any copies of BX FOR JAVA, are owned by either INTEGRATED COMPUTER SOLUTIONS, INC. or its suppliers. You may not copy the printed materials accompanying BX FOR JAVA. All title and intellectual property rights in and to the content which may be accessed through use of BX FOR JAVA is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This license grants you no rights to use such content. All rights not expressly granted under this license are reserved by INTEGRATED COMPUTER SOLUTIONS, INC.

5. DUAL-MEDIA BX FOR JAVA.

You may receive BX FOR JAVA in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for the computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, lend or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of BX FOR JAVA.

6. PRODUCT SUPPORT.

Product support for BX FOR JAVA is provided by ICS for a fee. The applicable fee for product support may be obtained by contacting ICS.

7. USE OF DATA.

ICS reserves the right, and you authorize Integrated Computer Solutions, Inc to the use and assignment of all information provided by you in obtaining BX FOR JAVA or data therefrom.

8. EXPORT RESTRICTIONS.

You agree that you will not export or re-export BX FOR JAVA to any country, person, or entity subject to U.S. export restrictions.

9. INDEMNIFICATION.

You agree to indemnify, defend and hold ICS its affiliates, licensors, dealers and suppliers harmless from any liability, loss, claim and expense, including attorney's fees, related to your violation of this Agreement or use of BX FOR JAVA. You agree that you have not and will not include BX FOR JAVA or code produced by BX FOR JAVA in any infringing product, and that none of your products will infringe any patent, trademark, copyright or other intellectual property rights.

10. LIMITED WARRANTY.

(a) ICS warrants that for ninety (90) days from the date of delivery to Customer, each copy of the Program, when installed and used in accordance with the Documentation, will conform in all material respects to the description of the Program's operations in the Documentation.

(b) Customer's exclusive remedy and Integrated Computer Solutions' and its distributors' sole liability under this warranty shall be for ICS to attempt, through reasonable efforts, to correct any material failure of the Program to perform as warranted, if such failure is reported to ICS within the warranty period and Customer, at Integrated Computer Solutions' request, provides ICS with sufficient information (which may include access to Customer's computer system for use of Customer's copies of the Program by ICS personnel) to repair the defect in question or replace the Program with a functioning copy; provided, that if Integrated Computer Solutions is unable to correct any such failure or replace the Program within a reasonable time, Integrated Computer Solutions may, at its
sole option, refund to Customer the license fee paid for the Program, in which event the license shall terminate.

(c) ICS need not treat minor discrepancies in the Documentation as errors in the Program, and may instead furnish corrections to the Documentation.

(d) Neither Integrated Computer Solutions nor its distributors warrant that operation of the Program will be uninterrupted or error-free, or that all errors will be corrected.

(e) This limited warranty is void if failure of the Program has resulted from accident, abuse or misapplication.

(f) THE FOREGOING WARRANTY IS IN LIEU OF, AND ICS AND ITS DISTRIBUTORS DISCLAIM, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT WILL ICS, ITS SUPPLIERS OR ITS DISTRIBUTORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOST DATA, ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM OR DOCUMENTATION, EVEN IF ICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTEGRATED COMPUTER SOLUTIONS' AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION OR CLAIM, SHALL BE LIMITED TO THE AMOUNTS PAID BY CUSTOMER TO ICS FOR THE PROGRAM HEREUNDER.

(g) Some states do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

11. Term and Termination.

The term of this Agreement shall be indefinite; however, this Agreement may be terminated by ICS in the event of a default under this Agreement by Customer. Customer may terminate this Agreement at any time by destruction of the Program, the Documentation, and all copies of both of them. Upon termination, Customer shall immediately cease use of, and return immediately to ICS all existing copies of the Program and Documentation, and cease all use thereof. All provisions hereof regarding iability and limits thereon shall survive the termination of this Agreement.

12. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND.

(a) For units of the DoD: Restricted Rights Legend, 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 DFAR 252.227-7013.

(b) For civilian agencies: Restricted Rights Legend Use, reproduction or disclosure is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer Software-Restricted Rights clause at CFR 52.227-19 and the limitations set forth in ICS' standard commercial agreement for this software, as applicable. Contractor/manufacturer is INTEGRATED COMPUTER SOLUTIONS, INC., 201 Broadway, Cambridge, MA 02139.

13. Governing Law.

This license shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts as contract made and performed therein.

Java is a trademark or registered trademark of Sun Microsystems, Inc. in the United States and other countries.

 

 
BX est une marque déposée de ICS. Les autres marques citées sont des marques ou des marques déposées de leurs propriétaires respectifs.