This Agreement is between Coldbeans Software and Licensee as each is defined below. By installing the Software Products, as defined below, or otherwise agreeing in writing, Coldbeans Software and Licensee agree to the following terms and conditions. Each subsequent installation of or order placed by Licensee for the Software Products or Technical Data will also be subject to these terms and conditions.
"Software Products" shall mean the collection of Java servlets of the Coldbeans software products delivered by Coldbeans or Distributor to Licensee
"Licensee" shall mean the entity or individual, either on the individual’s
behalf or on behalf of the entity that individual represents, who installs
the Software Products or otherwise agrees to be bound by the terms and
conditions contained in this Agreement. Further, each individual representing
an entity represents and warrants that he/she has the authority to bind
the entity to the terms and conditions of this Agreement.
Coldbeans Software grants to Licensee, and Licensee accepts from Coldbeans, a non-exclusive license, without right to sublicense to use the Software Products and Technical Data.
Coldbeans Software products delivered by Coldbeans or Distributor to Licensee
initially at no charge and Coldbeans grants to Licensee free use of software
products in any non-commercial and non-government purposes.
Licensee shall not remove or alter Coldbeans or any third party's ownership, trademark, copyright, or other proprietary notices on the Software Products or Technical Data.
Licensee shall not reverse engineer, decompile or disassemble
the Software Products.
1. COLDBEANS MAKES NO WARRANTY OR REPRESENTATION, EXPRESSED OR IMPLIED, REGARDING THE MERCHANTABILITY, QUALITY, FUNCTIONALITY, PERFORMANCE OR FITNESS OF THE SOFTWARE.
2. COLDBEANS WILL IN NO EVENT BE LIABLE FOR DIRECT,
INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES RESULTING
FROM ANY DEFECT, ERROR OR OMISSION IN THE SOFTWARE OR MANUAL OR FROM
ANY OTHER EVENTS INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTION OF SERVICE,
LOSS OF BUSINESS, LOSS OF PROFITS OR GOOD WILL, LEGAL ACTION OR ANY
OTHER CONSEQUENTIAL DAMAGES, EVEN IF COLDBEANS OR AN COLDBEANS
AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.