License and Copyrights

Copyright ©2004 ActiveState Corporation. ActiveState Corp. is a division of Sophos Plc. All Rights Reserved.

ActiveState is a registered trademark of ActiveState Corp. Komodo, the Perl Dev Kit, the Tcl Dev Kit, ActivePerl, ActivePython, ActiveTcl and ASPN are trademarks of ActiveState Corporation.

All other products mentioned are trademarks or registered trademarks of their respective companies.

The table of contents in the Komodo documentation is based on an open-source project written by by Dieter Bungers, GMD, German National Research Center for Information Technology, Department for Innovative Consulting and Development (IBE). See http://www.d.umn.edu/ece/publications/handbook/Generate/OrigDoc.htm for more information.

ActiveState Komodo licenses are issued on a per-user basis. A Komodo license may be installed on more than one system or platform, as long as the licensee is the sole user of the software.

Komodo License

ACTIVESTATE KOMODO LICENSE AGREEMENT

Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By
using and installing ActiveState Corporation's Software or, where
applicable, choosing the "I ACCEPT..." option at the end of the License you
indicate that you have read, understood, and accepted the terms and
conditions of the License. IF YOU DO NOT AGREE WITH THE TERMS AND
CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE. If the Software
is already downloaded or installed, you should promptly cease using the
Software in any manner and destroy all copies of the Software in your
possession. You, the user, assume all responsibility for the selection of
the Software to achieve your intended results and for the installation, use
and results obtained from the Software. If you have any questions concerning
this, you may contact ActiveState via email at Sales@ActiveState.com.

This ActiveState License ("License") is made between ActiveState Corporation
("ActiveState") as licensor, and you, as licensee, as of the date of your
use of the Software (the Software is in use on a computer when it is loaded
into the RAM or installed into the permanent memory (e.g., hard disk or
other storage device) of that computer.).

This License reflects ActiveState's intent to retain full ownership of and
control of the use and distribution of ActiveState Komodo, the License Key
(as hereinafter defined) and other applicable software (collectively the
"Software").

1. License Grant. Subject to the terms and conditions of this License,
ActiveState grants to you a personal, non-exclusive, non-transferable, and
limited license to use the Software solely to create, compile, test and
deploy, in source or object code form, your own application programs
("Works"). You may create redistributable applications based on your unique
development work using the Software and you may sublicense to end users of
such Works ("End Users") the personal, non-exclusive, non-transferable right
to install and execute the files, and/or libraries that are necessary to use
the Works created using the Software. Use of such files and/or libraries by
such End Users is limited to runtime purposes only. You may not provide any
End User with access to the development or interactive capabilities of the
Software libraries or technology, nor may you expose the base programming
language(s) as a scripting language within the Works to any such End User.
When you pay the license fee established by ActiveState, you will receive a
license key (the "License Key") from ActiveState that authorizes you to use
the Software only in the following specific contexts:

(i) Commercial Use. If your License Key authorizes Commercial Use, you may
use the software on more than one computer or on a network so long as you
are the sole user of the Software. (A "network" is any combination of two or
more computers that are electronically linked and capable of sharing the use
of a single software program.) You will obtain a separate license for each
additional user of the Software (whether or not such users are connected on
a network). You may make only one copy of the Software for archival or
backup purposes. You are not permitted to sell, lease, distribute, transfer,
sublicense, or otherwise dispose of the Software, in whole or in part, for
any form of actual or potential commercial gain or consideration.

(ii) Evaluation (Trial) Use. If your License Key authorizes Evaluation
(Trial) Use you may use the software only for evaluation purposes without
payment of the License Fee for a period of no more than twenty-one (21) days
from the date of download.

(iii) Non-commercial Use. If your License Key authorizes Non-commercial Use,
you may use the software in a teaching or learning environment only. You are
not permitted to sell, lease, distribute, transfer, sublicense, or otherwise
dispose of the Software, in whole or in part, for any form of actual or
potential commercial gain or consideration.

(iv) Other Use. Any use of the software other than the uses specified above
requires a separate license from ActiveState and the payment of additional
license fees as determined by ActiveState. Such additional redistribution
options are available, at ActiveState's sole discretion, on a case-by-case
basis. Contact Sales@ActiveState to discuss any redistribution options not
covered by this license agreement. ActiveState reserves all rights not
expressly granted to you herein.

2. Termination. This License Agreement is effective until terminated.
ActiveState may terminate this License immediately and without prior notice
if you breach any term of this License or for any other commercially
reasonable ground. In the event of any termination or expiration, you agree
to immediately destroy and/or erase the original and all copies of the
Software, any accompanying documentation and License Keys and to discontinue
their use and you will not retain or store the Software or any copies
thereof, in any form or medium.

3. Proprietary Rights. The Software is licensed, not sold, to you.
ActiveState reserves all rights not expressly granted to you. Ownership of
the Software and its associated proprietary rights, including but not
limited to patent and patent applications, are retained by ActiveState. The
Software is protected by the copyright laws of Canada and the United States
and by international treaties. Therefore, you must comply with such laws and
treaties in your use of the Software. You agree not to remove any of
ActiveState's copyright, trademarks and other proprietary notices from the
Software.

4. Distribution. Except as may be expressly allowed in Section 1, or as
otherwise agreed to in a written agreement signed by both you and
ActiveState, you will not distribute the Software, either in whole or in
part, in any form or medium.

5. Transfer and Use Restrictions. You may not sell, license, sub-license,
lend, lease, rent, share, assign, transmit, telecommunicate, export,
distribute or otherwise transfer the Software to others, except as expressly
permitted in this License Agreement or in another agreement with
ActiveState. In order to use the Software you will be required to obtain a
License Key and agree to this License Agreement for the use of the Software.
You will not disclose or provide access to your License Key to any other
person or entity. You must comply with all applicable Canadian and other
export control laws in your use of the Software. Except as may be expressly
permitted above, you may not modify, reverse engineer, decompile, decrypt,
extract or otherwise disassemble the Software.

6. NO WARRANTY. ACTIVESTATE MAKES NO WARRANTIES WHATSOEVER REGARDING THE
SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION
IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION IN EVERY COMBINATION OF
HARDWARE PLATFORM OR SOFTWARE ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE
WITH EVERY COMPUTER SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU
WILL ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS.

7. DISCLAIMER. ACTIVESTATE DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM
BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN "AS IS"
BASIS AND ACTIVESTATE MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR
IMPLIED, WITH RESPECT TO THE SOFTWARE OR ANY ACCOMPANYING ITEMS INCLUDING
WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.

8. LIMITATION OF LIABILITY. ACTIVESTATE WILL HAVE NO LIABILITY OR OBLIGATION
FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF
SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR INABILITY TO USE THE
SOFTWARE. IN NO EVENT WILL ACTIVESTATE'S TOTAL AGGREGATE LIABILITY (WHETHER
IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER
LEGAL THEORY) WITH REGARD TO THE SOFTWARE AND/OR THIS LICENSE EXCEED THE
LICENSE FEE PAID BY YOU TO ACTIVESTATE. FURTHER, ACTIVESTATE WILL NOT BE
LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS
LICENSE AS A RESULT OF ANY CAUSES OR CONDITIONS BEYOND ACTIVESTATE'S
REASONABLE CONTROL.

9. Intellectual Property Claims. Subject to the limitation of liability set
out in Section 8 above, ActiveState will indemnify and hold you harmless
against any damages finally awarded against you pursuant to a judicial
proceeding, to the extent such proceeding is based upon an infringement of
any valid U.S. or Canadian patent issued as at the date of your acceptance
of this License Agreement, or of any valid U.S. or Canadian copyright, by
the Software provided that you:

(i) give written notice of the claim promptly to ActiveState;

(ii) give ActiveState sole control of the defense and settlement of the
claim;

(iii) provide to ActiveState all available information and assistance; and

(iv) have not compromised or settled such claim.

ActiveState will have no obligation under this Section for any claims which
result through no fault of ActiveState, including: (i) the use of the
Software in combination with any non-ActiveState approved software; or (ii)
modification of the Software by you or anyone other than ActiveState. This
Section sets forth the entire liability of ActiveState and your exclusive
remedies for claims of infringement involving the Software.

10. U.S. Government Restricted Rights Legend. If the Software is acquired by
any agency or other part of the U.S. government in a transaction subject to
the Federal Acquisition Regulations or the Defense Federal Acquisition
Regulations, the Software is furnished with Restricted Rights. Use,
duplication, or disclosure of the Software by the U.S. government is subject
to all applicable restrictions set forth in such Regulations, as amended
from time to time, including subparagraphs (c)(1) and (2) of the Commercial
Computer Software - Restricted Rights clause at Section 48 C.F.R. 52.227-19.

11. Entire Agreement. This License and the Usage License Agreement
constitutes the entire agreement between you and ActiveState regarding the
Software and all accompanying documentation. If any provision is found to be
invalid by a court of competent jurisdiction, the balance of the provisions
will remain in full force and effect. This License will be governed by and
construed in accordance with the laws of the Province of British Columbia,
Canada, excluding its conflict of laws rules. The parties hereby attorn to
the jurisdiction of the courts of the Province of British Columbia in the
event of any dispute hereunder. The provisions of the U.N. Convention on
Contracts For The International Sale of Goods (1980) and any successor
Convention, will not apply to this License.

12. Inurement. The rights, restrictions, limitations, disclaimers and
remedies granted to, retained by, or for the benefit of ActiveState will
inure to the benefit of and will be enforceable by ActiveState and its
licensors, successors and assigns. You may not assign your rights,
obligations and interest in and to this License without the prior written
consent of ActiveState. The obligations, covenants and rights which apply to
you will inure to your benefit and will be binding on you and your permitted
successors and assigns.

BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CHOOSING THE "I ACCEPT..."
OPTION, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND
CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND
CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE.