XMLBuddy-V2.0.9

Bocaloco Software LLC LICENSE TERMS XMLBuddy(tm) NOTICE: THIS SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF BOCALOCO SOFTWARE LLC ("BOCALOCO"). 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. Bocaloco is only willing to grant you this License if you obtained the Product from Bocaloco or a Bocaloco authorized reseller. If you obtained the Product from any other source you may not install or use the Product. 1. Ownership. The Product is proprietary to Bocaloco. The Product is licensed, not sold, to you notwithstanding any reference herein to "purchase." You acknowledge and agree that: (a) the Product is protected under U.S. copyright and other laws; (b) Bocaloco and its licensors retain all copyrights and other intellectual property rights in the Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Bocaloco; (d) you acquire no ownership or other interest (other than your license rights) in or to the Product; and (e) Bocaloco owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Bocaloco's ownership of the Product, nor will you challenge the validity of Bocaloco's rights in the Product. You have no rights hereunder to use any trademark or service mark belonging to Bocaloco. 2. Grant of license and scope of use. 2.1 Grant of License. Subject to the terms and conditions of this Agreement, Bocaloco grants to you, as an individual, a personal, nonexclusive, nontransferable and limited license to install and execute the Product on one (1) computer to create "Works" for personal or commercial use. All rights not specifically granted to you herein are retained by Bocaloco. 2.2 Multiple Licensed Copies. You may purchase from Bocaloco or its authorized reseller the right to make multiple copies of the Product (each, a "Licensed Copy) or the right to permit multiple Named Users to use a Licensed Copy. Such rights will be effective only when granted in writing by Bocaloco or its authorized reseller and are conditioned upon your payment of the applicable fees. If you purchase the right to make multiple Licensed Copies, you are granted, for each Licensed Copy, the personal, nonexclusive, nontransferable and limited license to install and execute the Licensed Copy on one (1) computer solely as permitted under Section 2.1, subject to all the terms and conditions of this Agreement. If you purchase the right to permit multiple Named Users to use a Licensed Copy then you are granted for such Licensed Copy, the personal, nonexclusive, nontransferable and limited license to install and execute the Licensed Copy on one (1) computer solely as permitted under Section 2.1 exclusively for use by such number of Named Users, subject to all the terms and conditions of this Agreement. You agree that you will not install or execute the Product on more computers than the number Licensed Copies that Bocaloco or its authorized reseller has expressly permitted you to make and you will not allow the Product to be used by more users than the number of Named Users that Bocaloco or its authorized reseller has expressly permitted to use each Licensed Copy. 3. Special terms. The following terms and conditions ("Special Terms") are specific to certain editions, versions and components of the Product and are in addition to the provisions of Section 2. If any provision of the Special Terms applicable to the Product conflicts with any other provision of this License, then the provision of the Special Terms will supercede and control. 3.1 Special terms applicable to Prerelease software. Prerelease versions of the Product are provided free of charge to registered "Testers" in exchange for the Testers' voluntary cooperation in finding and reporting bugs in the software for a fixed period of time ("Test Period") prior to release of the software. Prerelease software is, by definition, software that does not work. Testers use Prerelease software at their own risk. Bocaloco will not respond to inquiries about Prerelease software after the Test Period. Selection of Testers is entirely at Bocaloco's discretion. Past participitation as a Tester is no guarantee of future participation. 3.2 Special terms applicable to free software. Special, limited-capability versions of the product, referred to by the name "XMLBuddy" with no qualifiers such as "Pro", are provided free of charge. The provisions in Sections 7 and 10 are not applicable to free versions. All other Sections remain in force. In particular, note that you may not re-distribute the Software without written permission of Bocaloco. 3.3 Special terms applicable to Plugin software. Plugin editions of the Product will be accompanied by information detailing the versions of Eclipse software and operating environments the Plugin was tested with. These are the only supported configurations. You may, at your own risk, attempt to install and run the Plugin with any other version of Eclipse, or any product derived from Eclipse, in any other operating environment ("Unsupported Configuration"). The sole response, if any, to a problem report involving an Unsupported Configuration may be that the configuration is not supported. 3.4 Special terms applicable to products licensed for educational use. Subject to the terms and conditions of this Agreement, you may exercise your rights under this license to use the Product and to create Works solely for your own personal use in providing or receiving instruction within the limited scope of guided computer programming and/or software training courses in which you are a direct and personal participant, either as student or instructor ("Courses"). You may only reproduce, distribute and use Works, in source or object code form, to other participants of the Courses and then only for educational or training purposes. You may not use the Products or Works created with the products for any commercial, business, governmental or institutional purpose of any kind, except to the extent you are an instructor teaching a Course. You may also make one (1) backup copy of the Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. All rights not specifically granted to you herein are retained by Bocaloco. 3.5 Special terms applicable to Third-Party Software Certain components of the Product use or incorporate third-party software programs and/or libraries ("Third-Party Software") which are loaded (in object or source code form, or both) on the Product media. You agree that Bocaloco's third-party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this License intended to protect intellectual property rights in the Product (including the Third-Party Software), limit certain uses thereof and disclaim warranty. 3.5.1 Special terms applicable to Eclipse software Certain Product editions may include unmodified Third Party Software from Eclipse.org (http://eclipse.org) and its Contributors ("Eclipse software"). Source code for Eclipse software is available directly from Eclipse.org or, if such software is included with the Product, from Bocaloco. Eclipse software is separately licensed under the terms of the Common Public License (CPL) 1.0. 3.5.2 Special terms applicable to Apache software The Product includes Third Party Software developed by Apache Software Foundation (http://www.apache.org/). THIS SOFTWARE IS PROVIDED