License for revWeb software and all associated files, including installer archives and all related documentation ("revWeb Software")
IMPORTANT -- READ CAREFULLY: By using the revWeb Software you expressly agree to be and are hereby bound by the terms of this License Agreement ("Agreement"). If you do not accept the terms of this Agreement you must not use the revWeb Software; and you must immediately destroy all copies of the revWeb Software.
RUNTIME HEREBY RESERVES THE RIGHT TO AMEND, ALTER, REPLACE, SUSPEND OR MODIFY FROM TIME TO TIME AT ITS SOLE DISCRETION ALL OR ANY PORTION OF THIS LICENSE AGREEMENT. Posting a new copy of these agreements on RUNTIME's website constitutes your acceptance of the revised policy.
1. GRANT OF LICENSE:
a) Runtime Revolution Ltd ("Runtime") hereby grant you ("you" refers to a single individual or single business entity) a non-exclusive non-transferable license to use the revWeb Software subject to the terms set out in this Agreement:
b) No technical support will be provided for the revWeb Software.
c) You may not resell, rent, lease or otherwise transfer rights to the revWeb Software for any financial gain or remove any proprietary notices or labels on the revWeb Software.
d) As per United States law, you must not distribute any portion of the revWeb Software or Created Software to Libya, Cuba, Cambodia, North Korea, Vietnam, and military and police entities in South Africa. Revolution has been classified under U.S. Export Control Commodity Number (ECCN) 4D96G and can be exported under the provisions of General License G-DEST.
e) You maya redistribute the revWeb software providing you include the complete revWeb archive, either compressed or decompressed, in its entirety; you are expressly prohibited from making any modifications including but not limited to the Copyright notices, License Agreement, or executable file. Alternatively you may provide a link, anywhere and to anyone, to download the revWeb directly from our web site.
f) The revWeb Software contains a number of features to help ensure security. You may not attempt to circumvent these features.
g) You may not modify, translate, reverse engineer, decompile, disassemble or create derivative works based upon the revWeb Software or any revlet content run with the revWeb Software.
h) You are prohibited from running any revlet which is to be used and marketed as a generic rapid application development tool. Any such content that requires the end user to use a Licensed Edition of the revWeb Software will not be considered as being prohibited, nor will any such software that does not involve any sort of script editing. This clause is intended to prevent you from using the revWeb Software to produce something that is directly damaging to our business. It is agreed that producing software that is in competition with the Revolution product line could cause irreparable harm and injury and Runtime will be entitled, in addition to any other rights and remedies it may have at law or in equity, to an interdict, injunction or other similar relief enjoining or restraining you from doing or continuing to distribute such software.
i) The revWeb Software utilizes Internet or electronic conveyance to download and execute revlet content. As such you must be sure that you trust the provider of any content you access. Runtime includes security features to help create a safe and secure experience. These features notwithstanding, Runtime expressly disclaims all warranty with respect to use of this service for any damage caused irrespective of the nature of such damage, including but not limited to damage caused by the running of malicious software including such software that circumvents or otherwise exploits weaknesses or flaws in the revWeb security model.
j) Title, ownership, rights, and intellectual property rights in and to the revWeb Software and all related documentation shall remain with Runtime Revolution Limited. The revWeb Software is protected by the copyright laws of the United Kingdom and international copyright treaties. For the purposes of this license "intellectual property rights" means any and all patents, copyright, registered or unregistered design rights, trade marks, trade names, know-how, database rights or other intellectual property rights.
2. DISCLAIMER OF WARRANTY
a) THE TOTAL LIABILITY WHICH RUNTIME OWES TO YOU IN RESPECT OF BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE SHALL, OTHER THAN IN CIRCUMSTANCES IN WHICH SUCH ACTS RESULT IN DEATH OR PERSONAL INJURY IN WHICH CASE LIABILITY SHALL BE UNLIMITED, BE LIMITED TO THE SUM OF £1000 IN RESPECT OF ANY ONE CLAIM OR AGGREGATE OF CLAIMS ARISING IN ANY TWELVE MONTH PERIOD;
b) THE SOFTWARE AND DOCUMENTATION ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RUNTIME REVOLUTION LIMITED FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS;
c) THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND DOCUMENTATION SERVICE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RUNTIME BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF RUNTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
3. TERMINATION
a) This license shall terminate automatically if you fail to comply with the limitations described in this Agreement. No notice shall be required from Runtime to effectuate such termination. On termination you must destroy all copies of the revWeb Software including the installer archive and any copies of it therewith. However, such termination does not prejudice the right of Runtime to obtain injunctive, equitable or any other relief in the event of such a breach.
4. GOVERNING LAW
a) This License shall be governed by the laws of Scotland, UK. and in the event of any dispute the parties agree to submit to the non-exclusive jurisdiction of the Scottish courts.
5. ENTIRE AGREEMENT
a) This License constitutes the entire agreement between Runtime Revolution Limited and you with respect to the subject matter hereof and with the exception of any fraudulent or negligent misrepresentations supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. The only exception to this is any explicit terms you may have agreed to before downloading the package from our web site, or any other supplementary terms made clear by us prior to your agreeing to this agreement. Any such terms will form part of this agreement. This License may not be modified except in a writing duly signed by an authorized representative of Runtime and you.
