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