In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. As the sole and exclusive remedy for any failure of the Product to materially conform to the Documentation, Progress shall repair or replace the Product if such failure is reported during the Warranty Period or, if Progress, at its discretion, reasonably determines that such remedy is not economically or technically feasible, this Agreement and the licenses granted hereunder will terminate and Progress or its supplier as applicable shall provide a full refund of the license fee paid with respect to the particular Product. The ABL source code may change without notice, and PSC makes no representations regarding the ABL source code with regard to its use outside of the Product, and shall have no responsibility for such outside use by User. A Platform is the specific combination of the hardware and the operating system, a change to either would constitute a platform change. The foregoing transfer right shall not affect the assignment prohibition set forth in Section 2. A Developer License may not be transferred. Government or by a U.
|Date Added:||17 April 2005|
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Therefore, in addition to any other legal or equitable remedies, Progress shall be entitled to seek injunctive or similar equitable relief against such breach or threat of breach. Licensee agrees to reasonably cooperate with Progress in the defense, settlement or compromise of any such claim.
OpenEdge Add-On licenses provide additional license features that may be available for certain products openedgee the OpenEdge family.
At its expense and with reasonable written notice to Licensee, Progress or a third party appointed by Progress may audit the books, records, and if necessary, the systems on which the Product or any Update is installed for the sole purpose of ensuring compliance with the terms of this Agreement.
An Evaluation License may not be transferred. The above warranties do not cover Updates, generic non-configured solution packs, any Product provided on an evaluation basis, or defects to the Product due to accident, abuse, service, alteration, modification ssoftware improper installation or configuration by Licensee, its personnel or any third party.
The Special Notices include important licensing and warranty information and disclaimers. Notwithstanding the foregoing, Progress shall have no liability for a claim to the extent based on A the use by Licensee of the Product more than thirty 30 days after Progress has notified Licensee of iii or iiiabove or B the version of the Product used by Licensee is not the current release version of the Product.
A Concurrent Device License may not be transferred from one server or one Platform to another. The Product may contain or be accompanied by certain third-party components which are subject to additional restrictions.
A Client Device is any input technology that allows the Licensee to access the Product, including but not limited to a workstation, a personal computer, a PDA device, a cellular phone, a laptop or other device that is operated by an individual.
Any use of the Bridge other than as set forth in the previous paragraph is prohibited.
Due to the specific grant of this license, a Server or Machine Unlimited User License may not be transferred from one from server or Platform to another. A site is defined as a single building or campus of buildings. The Product may not be downloaded, or otherwise exported or re-exported i into, or to a national or resident of any softwzre to which the U.
Progress WebClient 10.2 B
See Trademarks for appropriate markings. Except for the license rights expressly granted herein, this Agreement grants no additional express or implied license, right or interest in the Product or in any copyright, patent, trade secret, trademark, invention or other intellectual property rights of Progress, its affiliates or their licensors. A Disaster Recovery License may be transferred from one server or CPU to another with prior notice to Progress so long as such change is permitted by the underlying license model.
All audits shall be conducted during regular business hours at Licensee’s offices and shall not interfere unreasonably with Licensee’s activities.
In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect. All fees are exclusive of any such taxes or tariffs unless expressly stated in the Order. The software you are about to download is subject to export control laws and regulations.
As the sole and exclusive remedy for physically defective media such as the diskettes, cartridges, CD-ROMs, DVDs or magnetic tapesProgress will replace it free of charge if claimed during the Warranty Period. A Testing and Staging License may not be transferred. If you have purchased OpenEdge Replication or OpenEdge Replication Plus under the Add-On Concurrent User Based License, the replicated database may be used for Disaster recovery, including failover and standby, and may be used for application recovery in the event a system fails or crashes or the application or database files become corrupt as a result of a Disaster.
The Product and Documentation may not be used by affiliated parties of Licensee unless specifically authorized in Exhibit A.
Progress WebClient 10 2 B – Progress
Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries.
The foregoing transfer right shall not affect the assignment prohibition set forth in Section 2. Government prime contractor or subcontractor at any tierthen the U.
For purposes of this Exhibit Athe following terms shall have the following definitions:. A Concurrent Device License grants Licensee the right to install and use the Product, or access and use an application which can access the Product, on a single server and on a single Platform. By downloading this software, you agree that you will not knowingly, without prior written authorization from the competent government authorities, export or reexport – directly or indirectly – any software downloaded from this website to any prohibited destination, end-user, or end-use.
Under the OpenEdge Add-On Registered Device license, the number of Registered Devices licensed must equal the number of Registered Devices licensed under the production database license. The description of each Progress license model is set forth below. Any applicable license fees or maintenance fees opeendge be set forth in the Order.
A Testing and Staging License grants Licensee the right to use the Product for internal quality assurance testing purposes only and Licensee may not deploy the Product in a production environment.