IDE Factory

<?xml version="1.0" encoding="UTF-8"?> <feature id="com.idefactory.enterpriseide" label="Enterprise IDE Feature" version="1.0.5.beta2" provider-name="IDE factory L.L.C." plugin="com.idefactory.enterprisecore"> <description> The Enterprise IDE Plugin is an architect and developer productivity suite for Adobe(R) Flex (R) Builder ™ 3 designed to simplify and aid the development of Enterprise Applications using Flex Builder 3. The Enterprise IDE plugin augments Flex Builder to provide a superior development environment for enterprise grade applications with enhanced productivity tools and built-in support for major third party Flex and ActionScript open source frameworks. It includes new tools for code navigation, code generation and code documentation, as well as general tools for increased Flex developer and architect productivity. </description> <copyright> Enterprise IDE Plugin Copyright (C) 2008 IDE Factory L.L.C. All Rights Reserved. </copyright> <license url="http://www.idefactory.com/license"> Enterprise IDE Plugin End User License Agreement IDE Factory L.L.C. ENTERPRISE IDE PLUGIN Pre-Release Software License Agreement NOTICE TO USER: THIS PRE-RELEASE LICENSE AGREEMENT GOVERNS INSTALLATION AND USE OF THE IDE FACTORY L.L.C. SOFTWARE DESCRIBED HEREIN BY LICENSEES OF SUCH SOFTWARE. LICENSEE AGREES THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY LICENSEE. BY CLICKING TO ACKNOWLEDGE AGREEMENT TO BE BOUND DURING REVIEW OF AN ELECTRONIC VERSION OF THIS LICENSE, OR DOWNLOADING, COPYING, INSTALLING OR USING THE SOFTWARE, LICENSEE ACCEPTS ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS ENFORCEABLE AGAINST ANY PERSON OR ENTITY THAT INSTALLS AND USES THE SOFTWARE AND ANY PERSON OR ENTITY (E.G., SYSTEM INTEGRATOR, CONSULTANT OR CONTRACTOR) THAT INSTALLS OR USES THE SOFTWARE ON ANOTHER PERSON’S OR ENTITY’S BEHALF. THIS AGREEMENT SHALL APPLY ONLY TO THE SOFTWARE TO WHICH LICENSEE HAS OBTAINED A VALID LICENSE (E.G., ENTERPRISE IDE PLUGIN SOFTWARE) REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN. LICENSEE’S RIGHTS UNDER THIS AGREEMENT MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS IN A SEPARATE WRITTEN AGREEMENT WITH IDE FACTORY THAT SUPPLEMENTS OR SUPERSEDES ALL OR PORTIONS OF THIS AGREEMENT. 1. Definitions 1.1 “IDE Factory” means IDE Factory L.L.C., a New Jersey limited liability corporation, 123 Town Square Place #187, Jersey City, New Jersey 07310. 1.2 “Authorized Users” means employees and individual contractors (i.e., temporary employees) of Licensee. 1.3 “Computer” means one or more central processing units (“CPU”) in a hardware device (including hardware devices accessed by multiple users through a network (“Server”) that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions. 1.4 “Documentation” means the user manuals and/or technical publications as applicable, relating to installation, use and administration of the Software. 1.5 “Internal Network” means Licensee’s private, proprietary network resource accessible only by Authorized Users. “Internal Network” specifically excludes the Internet (as such term is commonly defined) or any other network community open to the public, including membership or subscription driven groups, associations or similar organizations. Connection by secure links such as VPN or dial up to Licensee’s Internal Network for the purpose of allowing Authorized Users to use the Software should be deemed use over an Internal Network. 1.6 “Software” means the pre-release version of the software program(s) including all Documentation and other materials provided by IDE Factory to Licensee under this Agreement. The term “Software Product” may also be used to indicate a particular product or version of a product, and otherwise has the same meaning as Software. 2. Evaluation License. Subject to the terms and conditions of this Agreement, Licensee is hereby granted a personal, limited, nonexclusive, non-transferable and royalty-free license to use the Software solely for the purpose of evaluating and testing the Software. Licensee shall neither reproduce nor distribute copies of the Software. All other rights are reserved by IDE Factory. Except as expressly set forth in this Section 2, Licensee acquires no other licenses under any intellectual property rights of IDE Factory. IDE Factory is not obligated to provide maintenance, technical support or updates to Licensee for any Software. Licensee agrees to provide reasonable feedback with respect to Software evaluations, including without limitation reasonable feedback on usability, bug reports, test results and documentation (collectively “Feedback”). Licensee grants to IDE Factory a non-exclusive, worldwide, royalty-free right and license to reproduce, distribute, make derivative works based upon, publicly display, publicly perform, make, use, sell, and export the Feedback, including without limitation the right to sublicense such rights through multiple tiers of sublicensees. Licensee agrees that Licensee has all rights necessary to provide the Feedback to IDE Factory under this Agreement and acknowledges that IDE Factory is in no way obligated to incorporate, use or otherwise acknowledge any Feedback that Licensee has provided. 3 Restrictions 3.1 No Modifications, No Reverse Engineering. Licensee shall not modify, port, adapt or translate the Software. Licensee shall not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of Licensee’s jurisdiction give Licensee the right to do so to obtain information necessary to render the Software interoperable with other software; provided, however, that Licensee must first request such information from IDE Factory and IDE Factory may, in its discretion, either provide such information to Licensee or impose reasonable conditions, including a reasonable fee, on such use of the source code to ensure that IDE Factory’s and its suppliers’ proprietary rights in the source code for the Software are protected. 3.2 No Unbundling. The Software may include various applications, utilities and components, may support multiple platforms and languages or may be provided to Licensee on multiple media or in multiple copies. Nonetheless, the Software is designed and provided to Licensee as a single product to be used as a single product on Computers and platforms as permitted herein. Licensee is not required to use all component parts of the Software, but Licensee shall not unbundle the component parts of the Software for use on different Computers. Licensee shall not unbundle or repackage the Software for any purpose. 3.3 No Transfer. Licensee shall not sublicense, assign or transfer the Software or Licensee’s rights in the Software, or authorize any portion of the Software to be copied onto or accessed from another individual’s or entity’s Computer except as may be explicitly provided in this Agreement. Licensee may transfer copies of the Software installed on one of Licensee’s Computers to another one of Licensee’s Computers provided that the resulting installation and use of the Software is in accordance with the terms of this Agreement and does not cause Licensee to exceed Licensee’s right to use the Software under this Agreement. 3.4 Prohibited Use. Except as expressly authorized under this Agreement, Licensee is prohibited from: (a) using the Software on behalf of third parties; (b) renting, leasing, lending or granting other rights in the Software including rights on a membership or subscription basis; and (c) providing use of the Software in a computer service business, third party outsourcing fac