These license terms are an agreement between Boling Consulting Solutions, also known as BCSW (or based on where you live, one of its affiliates) and you. Please read them. They apply to the pre-release Yang Editor Plugin for Eclipse software, which includes the media on which you received it, if any. The terms also apply to any BCSW
for this software, unless other terms accompany those items. If so, those terms apply.
BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.
If you comply with these license terms, you have the rights below.
1. INSTALLATION AND USE RIGHTS. You may install and use any number of copies of the software:
2. TERM. The term of this agreement is until December 1, 2014, or commercial release of the software, whichever is first.
3. PRE-RELEASE SOFTWARE. This software is a pre-release (beta) version. It may not work correctly or the way a final version of the software will. We may change it for the final, commercial version. We also may not release a commercial version. You are fully responsible for any and all damages that may result due to any failure of the software; and you must notify your users that your web programs rely on pre-release, unsupported software that may not operate correctly.
4. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend BCSW from and against any claims, allegations, lawsuits, losses and costs (including attorney fees), that arise or result from the use, deployment or distribution of your programs that use the software.
5. FEEDBACK. If you give feedback about the software to BCSW, you give to BCSW, without charge, the right to use, share and commercialize your feedback in any way and for any purpose. You also give to third parties, without charge, any patent rights needed for their products, technologies and services to use or interface with any specific parts of a BCSW software or service that includes the feedback. You will not give feedback that is subject to a license that requires BCSW to license its software or documentation to third parties because we include your feedback in them. These rights survive this agreement.
6. Scope of License. The software is licensed, not sold. This agreement only gives you some rights to use the software. BCSW reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
7. Export Restrictions. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use.
8.SUPPORT SERVICES. Because this software is “as-is,” we may not provide support services for it.
9. Entire Agreement. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.
10. Applicable Law.
a. United States. If you acquired the software in the United States, Alabama state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.
11. Legal Effect. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
12 Disclaimer of Warranty. The software is licensed “as-is.” You bear the risk of using it. BCSW gives no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws which this agreement cannot change. To the extent permitted under your local laws, BCSW excludes the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
13. Limitation on and Exclusion of Remedies and Damages. You can recover from BCSW and its suppliers only direct damages up to U.S. $0.10. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages
This limitation applies to
It also applies even if BCSW knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.