RMI Plug-in for Eclipse
This "General Terms" section of the license agreement contains the general terms that apply to all users of the RMI Plugin for Eclipse (the Product). Special terms may apply to you according to your license type. The special terms will supersede the general terms in case of contradiction. If you have any questions with regard of this license that may affect your use of the Product, you must stop using the Product immediately, until these questions are answered in a way that permits your use of this Product.
THIS LICENSE AGREEMENT IS BETWEEN YOU (THE "USER") AND GENADY BERYOZKIN (THE "AUTHOR"). THE RMI PLUGIN FOR ECLIPSE (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF THE AUTHOR AND IS PROTECTED BY INTERNATIONAL COPYRIGHT LAWS. THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT.
This license is granted to you, if and only if you purchased this product directly from the author's website or through an authorized reseller and your name appears in the license key sent to you by the author. If you have obtained the product in any other way, this license does not hold for you and you may not use the product.
The author grants you a non-exclusive, nontransferable license to use one copy of the product for your personal use on the understanding that a single person uses each licensed copy. Purchasers of this product are therefore licensed to use it themselves on one computer at a time, and to make a single backup copy for their own use. No other license is given. In particular, the product may not be installed on a computer network for use by more than one person unless a valid license is acquired for each person who will use the product over the network.
You acknowledge and agree that: (a) the product is protected under international and U.S. copyright and other laws; (b) the author retains all copyrights and other intellectual property rights in the product. You may not: (a) modify, adapt, alter, translate, or create derivative works of the product or merge the product with other software; (b) lease, rent or loan the product to any third party; (c) sublicense, distribute or otherwise transfer the product or any component thereof to any third party without an explicit written permission from the author; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) that appear in the product and its documentation; or (f) disclose or publish license keys that enable product functionality.
The author provides no warranty or guarantee of any kind with regard to the product's operation. All defects in the product, if there are any, should be identified by you during the standard evaluation period. By accepting the license you agree that the product that may contain known and unknown defects. The author will correct the reported defects on a best effort basis, and makes no guarantee about whether these defects will be fixed or the time frame of their correction.
THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. THE AUTHOR HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT THE AUTHOR MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
IN NO EVENT THE AUTHOR WILL BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY COSTS OF PROGRAM ERRORS, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, NON-COMPLIANCE WITH APPLICABLE LAWS OR UNAVAILABILITY AND INTERRUPTION OF OPERATIONS, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF THE AUTHOR KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The product is not intended for use, and you may not use or allow others to use the product, in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that the author will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the product.
This License will be governed by and construed in accordance with the laws of the State of Israel. You agree that all claims and disputes shall be brought exclusively to the Jurisdiction of the Peace Court of Tel Aviv, Israel.
This license grants you the right to obtain "bug-fix" updates either from the website, or through the Eclipse update mechanism (when available). This license does not include major level upgrades. Pricing and availability are subject to change and will be published on the product's website.
Special Terms Regarding Product Support
If the product was purchased with a support option, the author will provide assistance and a workaround (if one exists) to the incidents reported by the user during the support period. Nevertheless, the author does not guarantee that all incidents will be resolved, even if a defect is identified as a result of the support incident analysis. The support will be provided by the author or otherwise authorized support personnel through the channels included in your support option. Initial response to incidents raised through the product support option will be provided no later than 5 business days (Mon-Fri) after the incident report is received, excluding the local holidays of the United States and The State of Israel.
Special Terms Regarding Site and Corporate Licenses
Owners of a site license can, in addition to the above terms, have the product used by all employees of the license owner that reside in the same geographic facility (e.g., campus, branch, etc) that was indicated as the Company Name in the product order. Owners of a corporate license can, in addition to above, have the product used by all employees of the license owner in any location on planet Earth.
Special Terms Regarding Academic Licenses
If you have purchased the academic license of the product, the following rules apply to you, in addition to the above: (a) You may use the product only for research in a recognized academic institution. In such case you must purchase a license for any researcher, student or assistant that uses the product; (b) If any part of any program developed using the product becomes commercial in any way, you must purchase an equivalent (in terms of number of users) commercial license of the product before making your products commercial; (c) You may use this product for teaching in non-academic institutions. In such case you must purchase a license for all teaching staff that uses the product.
Special Terms Regarding Personal Licenses
Personal license is granted to users doing non commercial and otherwise non-profit work for their personal enjoyment. This includes undergraduate students using the plugin for doing homework, people studying for certification exams, developing RMI programs for their use at home and other users who were given explicit permission by the Author to use the Product under a personal license. It should be stressed that the work must not be done as part of user's employment in any organization, even if the organization itself is a non-profit organization. A personal license permits using the latest version of the product, only by the person requesting the license, on a single Eclipse installation.
Special Terms Regarding Evaluation Licenses
The evaluation version of the product is covered by the same license terms as the commercial version, with the following exceptions: (a) The evaluation version is provided to you at no cost for the purpose of evaluating the product; (b) You may use the product only during the evaluation term that is provided to you by the license key embedded into the downloaded product; (c) You may not use the evaluation version for actual product development and must not use the outputs of the evaluation version in any product developed by you or your organization, unless a commercial license is purchased for every user who has evaluated the software.
Special Terms Regarding Open Source Licenses
Open source developers are users who develop a software licensed under one of the recognized open source licenses, and the software along with the source code is available for general public on a well known website. Open source users are subject to the same terms as personal users, with the only difference of being eligible for a longer license term.