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License Agreement for ZeroTurnaround Software Applicable to all JRebel, XRebel and JRebel for Android licenses purchased on or after 1 September 2015. (revision of 2015-09-01; version 3.5) NOTICE TO ALL USERS: PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT HAS BEEN MADE AVAILABLE TO YOU ON ZEROTURNAROUND'S WEBSITE (http://www.zeroturnaround.com) PRIOR TO YOUR PURCHASE OF LICENSE CERTIFICATE OR PRIOR TO INSTALLATION OF LICENSED SOFTWARE FOR EVALUATION. BY PURCHASING THE LICENSE CERTIFICATE OR BY INSTALLING THE LICENSED SOFTWARE INTO YOUR COMPUTER FOR EVALUATION OR OTHER USAGE, YOU HAVE AGREED THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. I. DEFINITIONS 1. "JRebel Software", "XRebel Software", "JRebel for Android Software" - The software program distributed by the Licensor or its distributors, resellers or other authorized business partners, under the name JRebel (or XRebel, or JRebel for Android, respectively) (or under a replacement product name, should the product be renamed in the future), as produced by the Licensor, including its documentation, related explanatory materials in printed, electronic, or online form, and upgrades, updates and modified or subsequent versions of the software. 2. "Licensed Software" - the JRebel Software, the XRebel Software, or the JRebel for Android Software, depending on what the Licensor has licensed to the Licensee. 3. "to Use the Licensed Software" - To store, load, install, execute, evaluate and/or display (to "Use") the Licensed Software. 4. "Licensor" - ZeroTurnaround AS, company established under the laws of Estonia, with registration number 11655017 and with its address at Ülikooli 2, Tartu 51006, Estonia. The legal identity of the Licensor may change due to a merger, acquisition or other types of succession. This Agreement can be assigned along with the IP Rights for the Licensed Software. 5. "Licensee" - You, the end user of the Licensed Software; a natural or a legal person or entity. The legal identity of the Licensee may change due to a merger, acquisition or other types of succession. 6. "License" - The license to Use the Licensed Software, as granted to the Licensee in section III ("Grant of License"). 7. "IP Rights" - Intellectual property rights, such as (i) patents, pending patent applications, designs, trademarks and trade names (whether registered or unregistered), copyright and related rights, database rights, knowhow and confidential information; (ii) all other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognized in the future; and (iii) applications, extensions and renewals in relation to any such rights. 8. "myJRebel Website" - The public website run by the Licensor serving online licenses for JRebel Software. Refer to the general website of the Licensor for address and specific details. 9. "License Key" - A unique key-code that enables an Authorized User to use Licensed Software by unlocking the copy protection mechanism. Only Licensor and/or its representatives are permitted to produce License Keys for the Licensed Software. 10. "License Certificate" - Evidence of a license provided by Licensor to Licensee in electronic or printed form. (i) Any e-mail from the Licensor including a License Key and intending to grant or extend the license to Use the Licensed Software is construed as a License Certificate. (ii) Active product subscription on myJRebel Website is construed as a License Certificate. 11. "Unpaid Licensee" - A Licensee who is holding an Evaluation License, a Donated License, a Social License or any other type of License that he has not paid the Licensor for. 12. "Evaluating Licensee" - A natural person who does not hold and has never been holding a License Certificate and who wants to try Licensed Software for evaluation purposes and who has not been using Licensed Software before the current evaluation period. 13. "Commercial Licensee" - A Licensee who is holding or who has been holding a valid non-free License Certificate. 14. "Agreement" - This end-user license agreement, the current document. 15. "Authorized User(s)" - A natural person or persons that are granted the License to Use Licensed Software according to section III ("Grant of License"). 16. "Employee of Licensee" - A natural person who is an employee, independent contractor or other temporary worker, or a member of the Licensee or its affiliates. 17. "Seat" - A license and right to unlock and use Licensed Software via ZeroTurnaround License Server licensing for a single user on terms and conditions set forth by the corresponding License uploaded to the License Server. 18. "Third Party Software" - Software and other materials prepared and owned by software vendors other than Licensor. 19. "Business Day" - Business days of Licensor are all days from Monday to Friday, excluding the following dates of the year: 1st of January, 24th of February, 1st of May, 23rd-24th of June, 20th of August, 24th -26th of December. 20. "Business Hours" - The regular business hours for Licensor are 08:00-17:00 GMT (09:00-18:00 CET) on all Business Days. 21. "E-mail Support" - A form of customer support provided by the Licensor. At the time of writing, the corresponding e-mail address is support@zeroturnaround.com; should the address be changed, the new address will be referred to on the Licensor's web site. 22. "Forum Support" - A form of customer support provided by the Licensor. At the time of writing, the corresponding web address is http://zeroturnaround.com/forums ; should the address be changed, the new address will be referred to on the Licensor's web site. II. INTELLECTUAL PROPERTY RIGHTS 23. Ownership (i) Licensed Software is the property of Licensor. Title and copyrights to Licensed Software, in whole or in part, and all copies thereof, and all modifications, enhancements, derivatives and other alterations of Licensed Software, regardless of who made them, if any, are, and will remain, the sole and exclusive property of Licensor. (ii) Licensed Software is intellectual property protected by copyright laws and international treaty provisions. (iii) The structure, organization, and code embodied in Licensed Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. (iv) Licensed Software contains methods and techniques that Licensor holds patents for. The patented methods and techniques are protected by the patent law and relevant international treaties. 24. Third Party Software (i) Some Third Party Software included in the Licensed Software may be subject to other terms and conditions. These terms and conditions are available in the separate file "3rd-party-licenses.txt" included in the distributions of Licensed Software, and directly from the web sites of the corresponding vendors. (ii) Licensor will update the list of all Third Party Software in the latest version of the Licensed Software as it is publicly made available for download. The Third Party Software included in the Licensed Software is utilized in a manner such that the Licensed Software is not, in whole or in part, governed by an Excluded License. An Excluded License is any non-reciprocal arrangement that requires, as a condition to such arrangement, that derivatives or modifications of such open source software be released either (a) under such open source license terms, or (b) to others at no fee. 25. No Removal of Notices The Licensee agrees that he will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Licensor's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials. 26. No Hacking The Licensee is not allowed to undertake, cause, permit or authorize the modification, creation of derivativ