License Agreement for Install or Upgrade Webmin on a FreeBSD System Command Shell Script

License Agreement

Install or Upgrade Webmin on a FreeBSD System

Command Shell Script

NOTICE: Please carefully read this License Agreement in its entirety before installing or running the software licensed. Installing or running the software constitutes acceptance of the terms of this License Agreement which contains Disclaimers of Warranty, Limitations of Liability, and Choice of Law and Venue, including Consent to Jurisdiction.

1. Offer and Acceptance: This License Agreement states the terms and conditions upon which Adept Data Systems, L.L.C., referred to in this Agreement as “Licensor,” offers to license to you, referred to in this Agreement as “Licensee," certain software for your use. Licensor and Licensee may be jointly referred to in this Agreement as the “Parties.” This is a License Agreement, not an Agreement for Sale. By installing or running the software, or by retaining any copy of the software; you are accepting the offer of the License and agreeing to be legally bound by the terms and conditions of this Agreement. If you choose to not accept the terms and conditions of this Agreement, then do not install or run the software.

2. Definitions: The following definitions apply to the following terms as they appear in this License Agreement. The term “Software” means the following computer software which has been developed by Scaramella & Hoofnagle, Computer Division, referred to in this Agreement as “Developer,” and which is published by Licensor: the Command Shell Script known as “Install or Upgrade Webmin on a FreeBSD System” with file name “InstallWebminOnFreeBSD.sh,” including all updates to the Command Shell Script which may later be licensed for Licensee’s use, together with any ancillary computer software included with the Command Shell Script. The term Software also includes all copies of any part of this computer software. The term “Documentation” means all user’s or reference manuals, and any other materials accompanying or documenting the Software which may be read by users. The term “Product” means the Software and Documentation, together with all other property, tangible or intangible, included with or incorporated into the Software and Documentation, including any electronic media or devices used to transport the Software and Documentation to Licensee.

3. License: Upon Licensee’s acceptance of this License Agreement, Licensor grants to Licensee a non-exclusive License to use the the Software as specified in this License Agreement. This License may be limited by an expiration date after which this License shall expire if not earlier renewed. Licensee must ensure that each individual using the Software as authorized by this Agreement is aware of and complies with the terms and conditions of this License. All rights not expressly granted to Licensee are reserved by Licensor and Developer.

4. Additional Copies: Licensee may make one copy of the Software in machine readable form solely for backup purposes. The Software and Documentation are copyrighted. Unauthorized copying of the Software or Documentation is expressly prohibited. Licensee may be held legally responsible for any copyright infringement which is caused or encouraged by Licensee’s failure to abide by the terms of this License Agreement. Licensee must reproduce on any copy of the Software all copyright notices and any other ownership or intellectual property legends that appear on the original. Licensee may not copy the Documentation, in whole or in part, without the prior written permission of Licensor.

5. Restrictions: The Software and Documentation are intellectual property which contain copyrighted material, trade secrets, and other proprietary material. Licensee may not transfer, assign, sublicense, rent, lease, or loan, in whole or in part, whether by operation of law or otherwise, any rights under this License Agreement, without the prior written consent of Licensor. Licensee may not distribute or transfer copies of the Software or Documentation to anyone other than a person licensed to use the Software. Licensee may not modify, alter, or adapt the Software or Documentation. Licensee may not create any derivative works based upon the Software or the Documentation, either in whole or in part. Any modifications to the Software or Documentation are subject to this Agreement.

6. Termination: The License granted under this Agreement is effective until terminated or until it expires. This License and Licensee’s right to use the Product terminate automatically, with or without notice from Licensor, if Licensee fails to comply fully with any part of this Agreement. In the event of termination or expiration of the License, Licensee must promptly and securely destroy or erase all copies of any kind of the Product which are in Licensee’s possession or control. In the event of such termination, all provisions of this Agreement for the benefit of Licensor or Developer shall remain in full force and effect, and termination of the License shall be in addition to any other remedies available to Licensor or Developer.

7. Disclaimer of Warranty on Product: Licensee acknowledges and agrees that Licensee’s use of the Product is at Licensee’s sole risk. Except as otherwise required by law, the Product is provided to Licensee “AS IS,” without warranty of any kind. Licensor and Developer, for themselves, and for their licensors or suppliers of other software used by or with the Software, expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of third party rights. Licensor and Developer, and their licensors or suppliers of other software used by or with the Software, do not warrant that the functions of the Software will meet Licensee’s requirements, that the operation of the Software will be uninterrupted or error-free, or that any defects in the Software or its functionality will be corrected. Furthermore, Licensor and Developer, and their licensors or suppliers of other software used by or with the Software, do not warrant or make any representations regarding the use of, or the results of the use of, the Product in regard to correctness, accuracy, reliability, or otherwise. No oral or written information or advice given by Licensor or Developer, or their authorized representatives, distributors, agents, or employees, shall create any warranty of any kind.

8. Limitation of Liability: Under no Circumstances shall Licensor or Developer, or their distributors, agents, or employees, be liable for direct, indirect, special, incidental, or consequential damages, including but not limited to damages for loss of business profits, business interruption, loss of business information, costs of recovering software or data, cost of substitute software, and any other damage or cost, arising out of the use or inability to use the Product, even if Licensor or Developer, or their authorized representatives, have been advised of the possibility or occurrence of such damages, unless otherwise required by law. In the event any disclaimer of warranty or limitation of liability in this Agreement is determined to be unenforceable or is otherwise ineffective in whole or in part, any liability of Licensor or Developer to Licnesee for any and all damages, losses, and causes of action, shall be limited to the amount of license fees paid to Licensor in consideration of the grant of the License to Licensee pursuant to this Agreement.

9. Ownership: Developer retains full ownership of the Product. All copies of any portion of the Product, in any form, belong to Developer, which retains all rights not expressly granted by a current license. Nothing in this License Agreement shall be construed to constitute a waiver of any rights of Developer under the U.S. Copyright laws, or under any other law. Licensor and Developer, or their designees, have the right to audit Licensee’s computer system and Licensee’s use of the Product to determine whether any unauthorized use or copies have been made.

10. Entire Agreement: This License Agreement constitutes the entire agreement between Licensor and Licensee with respect to the Product and Licensee’s use of it, and supersedes any and all prior or contemporaneous agreements or understandings, whether oral or written. No amendment to or modification of this License Agreement will have any binding legal effect unless it is made in writing, is signed by a duly authorized representative of Licensor, and specifically states that it supersedes, modifies, or amends terms or provisions of this License Agreement.

11. Severability: This License Agreement shall be construed to make each provision enforceable to the maximum extent possible under governing law. If any provision of this License Agreement is determined by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this License Agreement shall remain in full force and effect.

12. No Waiver of Rights: Failure or delay of Licensor or Developer in enforcing any right or provision of this Agreement shall not be deemed a waiver of such provision or right with respect to any subsequent breach or a continuance of any existing breach, whether or not demand for strict performance has been made.

13. Choice of Law and Venue: This License Agreement shall be governed and interpreted in accordance with the laws of the State of New Jersey. Any trial level proceedings relating to this Agreement shall be maintained in the state or federal courts located in Burlington County, New Jersey, and any appellate proceedings shall be maintained in the courts having appellate jurisdiction over proceedings originating in the state or federal courts located in Burlington County, New Jersey. These courts shall have exclusive jurisdiction over all such proceedings, and by accepting the License granted pursuant to this Agreement, Licensee consents to the personal jurisdiction of these courts.

14. Assignment: Neither this License Agreement nor the license granted by it are assignable by Licensee, or by operation of law, without the prior written consent of Licnesor.

15. Persons Bound: This License Agreement shall be binding upon, and inure to the benefit of, the Parties, and all who succeed to their rights and responsibilities, including their respective heirs, executors, administrators, legal representatives, successors, and any assigns which have been consented to by Licensor. This Agreement is made solely for the benefits of the Parties to this Agreement and their respective permitted successors and assigns. No other person or entity shall have or acquire any right by virtue of this Agreement unless otherwise agreed to by Licensor.

16. Headings: The headings in this License Agreement are for convenience only, and shall not affect the meaning or interpretation of the provisions of this Agreement.