diff --git a/COMM-LICENSE b/COMM-LICENSE index c95940e3..7d8d82b7 100644 --- a/COMM-LICENSE +++ b/COMM-LICENSE @@ -2,7 +2,7 @@ END-USER LICENSE AGREEMENT ------------------------------------------------------------------------------ -IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT (“Agreement”) BETWEEN YOU (THE CUSTOMER, EITHER AS AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AS AN ENTITY) AND CONTRIBUTED SYSTEMS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING GOR PRO AND RELATED SOFTWARE COMPONENTS (“SOFTWARE”). IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. +IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT (“Agreement”) BETWEEN YOU (THE CUSTOMER, EITHER AS AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AS AN ENTITY) AND REPLAY SOFTWARE. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING GOR PRO AND RELATED SOFTWARE COMPONENTS (“SOFTWARE”). IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. ------------------------------------------------------------------------------ @@ -14,19 +14,19 @@ In order to use the Software under this Agreement, you must receive a “Source 1.2 Unlimited Organization License. If you purchased an Organization License (included with the Gor Pro Software), you may install the Software on an unlimited number of Hosts. “Host” means any physical or virtual machine which is controlled by you. You may also run an unlimited number of Workers. “Worker” means a thread within a Gor server process which executes jobs. You may concurrently run the software on an unlimited number of Hosts, with each host running an unlimited number of Workers. -1.3 Limited Organization License. If you purchased an Organization License (included with the Gor Enterprise Software), you may install the Software on an unlimited number of Hosts. “Host” means any physical or virtual machine which is controlled by you. The aggregate number of Workers run by the hosts must not exceed the maximum number of Workers authorized at the time of purchase. “Worker” means a running Gor instance which intercept or replay traffic. In order to run additional Workers, you must purchase an additional allowance from Contributed Systems. +1.3 Limited Organization License. If you purchased an Organization License (included with the Gor Enterprise Software), you may install the Software on an unlimited number of Hosts. “Host” means any physical or virtual machine which is controlled by you. The aggregate number of Workers run by the hosts must not exceed the maximum number of Workers authorized at the time of purchase. “Worker” means a running Gor instance which intercept or replay traffic. In order to run additional Workers, you must purchase an additional allowance from Replay Software. -1.4 Appliance License. If you purchased an Appliance License, you may distribute the Software in any applications, frameworks, or elements (collectively referred to as an “Application” or “Applications”) that you develop using the Software in accordance with this EULA, provided that such distribution does not violate the restrictions set forth in section 3 of this EULA. You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software. You are required to ensure that the Software is not reused by or with any applications other than those with which you distribute it as permitted herein. For example, if You install the Software on a customer’s server, that customer is not permitted to use the Software independently of your Application. You must inform Contributed Systems of your knowledge of any infringing use of the Software by any of your customers. You are liable for compliance by those third parties with the terms and conditions of this EULA. You will not owe Contributed Systems any royalties for your distribution of the Software in accordance with this EULA. +1.4 Appliance License. If you purchased an Appliance License, you may distribute the Software in any applications, frameworks, or elements (collectively referred to as an “Application” or “Applications”) that you develop using the Software in accordance with this EULA, provided that such distribution does not violate the restrictions set forth in section 3 of this EULA. You must not remove, obscure or interfere with any copyright, acknowledgment, attribution, trademark, warning or disclaimer statement affixed to, incorporated in or otherwise applied in connection with the Software. You are required to ensure that the Software is not reused by or with any applications other than those with which you distribute it as permitted herein. For example, if You install the Software on a customer’s server, that customer is not permitted to use the Software independently of your Application. You must inform Replay Software of your knowledge of any infringing use of the Software by any of your customers. You are liable for compliance by those third parties with the terms and conditions of this EULA. You will not owe Replay Software any royalties for your distribution of the Software in accordance with this EULA. 1.5 Archive Copies. You are entitled to make a reasonable amount of copies of the Software for archival purposes. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product. 1.6 Electronic Delivery. All Software and license documentation shall be delivered by electronic means unless otherwise specified on the applicable invoice or at the time of purchase. Software shall be deemed delivered when it is made available for download by you (“Delivery”). -2. Modifications. Contributed Systems shall provide you with source code so that you can create Modifications of the original software. “Modification” means: (a) any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by You, or (b) any new file that contains any part of the original Software or previous Modifications. While you retain all rights to any original work authored by you as part of the Modifications, We continue to own all copyright and other intellectual property rights in the Software. +2. Modifications. Replay Software shall provide you with source code so that you can create Modifications of the original software. “Modification” means: (a) any addition to or deletion from the contents of a file included in the original Software or previous Modifications created by You, or (b) any new file that contains any part of the original Software or previous Modifications. While you retain all rights to any original work authored by you as part of the Modifications, We continue to own all copyright and other intellectual property rights in the Software. 3. Restricted Uses. -3.1 You shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease or use the Software for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement; (c) redistribute the Software or Modifications other than by including the Software or a portion thereof within your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes; (d) redistribute the Software as part of a product, "appliance" or "virtual server"; (e) redistribute the Software on any server which is not directly under your control; (f) remove any product identification, proprietary, copyright or other notices contained in the Software; (g) modify any part of the Software, create a derivative work of any part of the Software (except as permitted in Section 4), or incorporate the Software, except to the extent expressly authorized in writing by Contributed Systems; (h) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software; (i) utilize any equipment, device, software, or other means designed to circumvent or remove any form of Source URL or copy protection used by Contributed Systems in connection with the Software, or use the Software together with any authorization code, Source URL, serial number, or other copy protection device not supplied by Contributed Systems; (j) use the Software to develop a product which is competitive with any Contributed Systems product offerings; or (k) use unauthorized Source URLS or keycode(s) or distribute or publish Source URLs or keycode(s), except as may be expressly permitted by Contributed Systems in writing. If your unique Source URL is ever published, Contributed Systems reserves the right to terminate your access without notice. +3.1 You shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the Software or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Software by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease or use the Software for time sharing, hosting, service provider or like purposes, except as expressly permitted under this Agreement; (c) redistribute the Software or Modifications other than by including the Software or a portion thereof within your own product, which must have substantially different functionality than the Software or Modifications and must not allow any third party to use the Software or Modifications, or any portions thereof, for software development or application development purposes; (d) redistribute the Software as part of a product, "appliance" or "virtual server"; (e) redistribute the Software on any server which is not directly under your control; (f) remove any product identification, proprietary, copyright or other notices contained in the Software; (g) modify any part of the Software, create a derivative work of any part of the Software (except as permitted in Section 4), or incorporate the Software, except to the extent expressly authorized in writing by Replay Software; (h) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the Software; (i) utilize any equipment, device, software, or other means designed to circumvent or remove any form of Source URL or copy protection used by Replay Software in connection with the Software, or use the Software together with any authorization code, Source URL, serial number, or other copy protection device not supplied by Replay Software; (j) use the Software to develop a product which is competitive with any Replay Software product offerings; or (k) use unauthorized Source URLS or keycode(s) or distribute or publish Source URLs or keycode(s), except as may be expressly permitted by Replay Software in writing. If your unique Source URL is ever published, Replay Software reserves the right to terminate your access without notice. 3.2 UNDER NO CIRCUMSTANCES MAY YOU USE THE SOFTWARE AS PART OF A PRODUCT OR SERVICE THAT PROVIDES SIMILAR FUNCTIONALITY TO THE SOFTWARE ITSELF. @@ -34,34 +34,34 @@ The Open Source version of the Software (“LGPL Version”) is licensed under the terms of the GNU Lesser General Public License versions 3.0 (“LGPL”) and not under this EULA. -4. Ownership. Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Contributed Systems and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the Software, and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise. +4. Ownership. Notwithstanding anything to the contrary contained herein, except for the limited license rights expressly provided herein, Replay Software and its suppliers have and will retain all rights, title and interest (including, without limitation, all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Software and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the Software, and that irrespective of any use of the words “purchase”, “sale” or like terms hereunder no ownership rights are being conveyed to you under this Agreement or otherwise. -5. Fees and Payment. The Software license fees will be due and payable in full as set forth in the applicable invoice or at the time of purchase. If the Software does not function properly within two weeks of purchase, please contact us within those two weeks for a refund. You shall be responsible for all taxes, withholdings, duties and levies arising from the order (excluding taxes based on the net income of Contributed Systems). +5. Fees and Payment. The Software license fees will be due and payable in full as set forth in the applicable invoice or at the time of purchase. If the Software does not function properly within two weeks of purchase, please contact us within those two weeks for a refund. You shall be responsible for all taxes, withholdings, duties and levies arising from the order (excluding taxes based on the net income of Replay Software). 6. Support, Maintenance and Services. Subject to the terms and conditions of this Agreement, as set forth in your invoice, and as set forth on the Gor Pro support page (https://github.com/buger/gor/wiki/Pro-Support), support and maintenance services may be included with the purchase of your license subscription. 7. Term of Agreement. -7.1 Term. This Agreement is effective as of the Delivery of the Software and expires at such time as all license and service subscriptions hereunder have expired in accordance with their own terms (the “Term”). For clarification, the term of your license under this Agreement may be perpetual, limited for Evaluation Version, or designated as a fixed-term license in the Invoice, and shall be specified at your time of purchase. Either party may terminate this Agreement (including all related Invoices) if the other party: (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach, provided that Contributed Systems may terminate this Agreement immediately upon any breach of Section 3 or if you exceed any other restrictions contained in Section 1, unless otherwise specified in this agreement; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days)). Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise. +7.1 Term. This Agreement is effective as of the Delivery of the Software and expires at such time as all license and service subscriptions hereunder have expired in accordance with their own terms (the “Term”). For clarification, the term of your license under this Agreement may be perpetual, limited for Evaluation Version, or designated as a fixed-term license in the Invoice, and shall be specified at your time of purchase. Either party may terminate this Agreement (including all related Invoices) if the other party: (a) fails to cure any material breach of this Agreement within thirty (30) days after written notice of such breach, provided that Replay Software may terminate this Agreement immediately upon any breach of Section 3 or if you exceed any other restrictions contained in Section 1, unless otherwise specified in this agreement; (b) ceases operation without a successor; or (c) seeks protection under any bankruptcy, receivership, trust deed, creditors arrangement, composition or comparable proceeding, or if any such proceeding is instituted against such party (and not dismissed within sixty (60) days)). Termination is not an exclusive remedy and the exercise by either party of any remedy under this Agreement will be without prejudice to any other remedies it may have under this Agreement, by law, or otherwise. 7.2 Termination. Upon any termination of this Agreement, you shall cease any and all use of any Software and destroy all copies thereof. -7.3 Expiration of License. Upon the expiration of any term under this Agreement, (a) all Software updates and services pursuant to the license shall cease, (b) you may only continue to run existing installations of the Software, (c) you may not install the Software on any additional Hosts, and (d) any new installation of the Software shall require the purchase of a new license subscription from Contributed Systems. +7.3 Expiration of License. Upon the expiration of any term under this Agreement, (a) all Software updates and services pursuant to the license shall cease, (b) you may only continue to run existing installations of the Software, (c) you may not install the Software on any additional Hosts, and (d) any new installation of the Software shall require the purchase of a new license subscription from Replay Software. -8. Disclaimer of Warranties. The Software is provided "as is," with all faults, defects and errors, and without warranty of any kind. Contributed Systems does not warrant that the Software will be free of bugs, errors, viruses or other defects, and Contributed Systems shall have no liability of any kind for the use of or inability to use the Software, the Software content or any associated service, and you acknowledge that it is not technically practicable for Contributed Systems to do so. -To the maximum extent permitted by applicable law, Contributed Systems disclaims all warranties, express, implied, arising by law or otherwise, regarding the Software, the Software content and their respective performance or suitability for your intended use, including without limitation any implied warranty of merchantability, fitness for a particular purpose. +8. Disclaimer of Warranties. The Software is provided "as is," with all faults, defects and errors, and without warranty of any kind. Replay Software does not warrant that the Software will be free of bugs, errors, viruses or other defects, and Replay Software shall have no liability of any kind for the use of or inability to use the Software, the Software content or any associated service, and you acknowledge that it is not technically practicable for Replay Software to do so. +To the maximum extent permitted by applicable law, Replay Software disclaims all warranties, express, implied, arising by law or otherwise, regarding the Software, the Software content and their respective performance or suitability for your intended use, including without limitation any implied warranty of merchantability, fitness for a particular purpose. 9. Limitation of Liability. -In no event will Contributed Systems be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if Contributed Systems has been advised of the possibility of such damages. +In no event will Replay Software be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages or liabilities whatsoever arising from or relating to the Software, the Software content or this Agreement, whether based on contract, tort (including negligence), strict liability or other theory, even if Replay Software has been advised of the possibility of such damages. -In no event will Contributed Systems' liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit. +In no event will Replay Software' liability exceed the Software license price as indicated in the invoice. The existence of more than one claim will not enlarge or extend this limit. -10. Remedies. Your exclusive remedy and Contributed Systems’ entire liability for breach of this Agreement shall be limited, at Contributed Systems’ sole and exclusive discretion, to (a) replacement of any defective software or documentation; or (b) refund of the license fee paid to Contributed Systems, payable in accordance with Contributed Systems' refund policy. +10. Remedies. Your exclusive remedy and Replay Software’ entire liability for breach of this Agreement shall be limited, at Replay Software’ sole and exclusive discretion, to (a) replacement of any defective software or documentation; or (b) refund of the license fee paid to Replay Software, payable in accordance with Replay Software' refund policy. 11. Acknowledgements. -11.1 Consent to the Use of Data. You agree that Contributed Systems and its affiliates may collect and use technical information gathered as part of the product support services. Contributed Systems may use this information solely to improve products and services and will not disclose this information in a form that personally identifies you. +11.1 Consent to the Use of Data. You agree that Replay Software and its affiliates may collect and use technical information gathered as part of the product support services. Replay Software may use this information solely to improve products and services and will not disclose this information in a form that personally identifies you. 11.2 Verification. We or a certified auditor acting on our behalf, may, upon its reasonable request and at its expense, audit you with respect to the use of the Software. Such audit may be conducted by mail, electronic means or through an in-person visit to your place of business. Any such in-person audit shall be conducted during regular business hours at your facilities and shall not unreasonably interfere with your business activities. We shall not remove, copy, or redistribute any electronic material during the course of an audit. If an audit reveals that you are using the Software in a way that is in material violation of the terms of the EULA, then you shall pay our reasonable costs of conducting the audit. In the case of a material violation, you agree to pay Us any amounts owing that are attributable to the unauthorized use. In the alternative, We reserve the right, at our sole option, to terminate the licenses for the Software. @@ -74,13 +74,13 @@ In no event will Contributed Systems' liability exceed the Software license pric 13.1 Entire Agreement. This Agreement sets forth our entire agreement with respect to the Software and the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements whether written or oral. -13.2 Amendment. Contributed Systems reserves the right, in its sole discretion, to amend this Agreement from time. Amendments to this Agreement can be located at: https://github.com/buger/gor/blob/master/COMM-LICENSE. +13.2 Amendment. Replay Software reserves the right, in its sole discretion, to amend this Agreement from time. Amendments to this Agreement can be located at: https://github.com/buger/gor/blob/master/COMM-LICENSE. -13.3 Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Contributed Systems and any attempted assignment without such consent shall be void. +13.3 Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Replay Software and any attempted assignment without such consent shall be void. 13.4 Export Compliance. You agree to comply with all applicable laws and regulations, including laws, regulations, orders or other restrictions on export, re-export or redistribution of software. -13.5 Indemnification. You agree to defend, indemnify, and hold harmless Contributed Systems from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Software or breach of this Agreement. +13.5 Indemnification. You agree to defend, indemnify, and hold harmless Replay Software from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys' fees and costs) arising out of your use of the Software or breach of this Agreement. 13.6 Governing Law. This Agreement is governed by the laws of the State of Oregon and the United States without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention on the International Sale of Goods or the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction. The jurisdiction and venue for actions related to the subject matter hereof shall be the state of Oregon and United States federal courts located in Portland, Oregon, and both parties hereby submit to the personal jurisdiction of such courts. @@ -92,4 +92,4 @@ In no event will Contributed Systems' liability exceed the Software license pric 13.10 Headings. The headings of sections and paragraphs of this Agreement are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections or paragraphs. -14. Contact Information. If you have any questions about this EULA, or if you want to contact Contributed Systems for any reason, please direct correspondence to leonsbox@gmail.com +14. Contact Information. If you have any questions about this EULA, or if you want to contact Replay Software for any reason, please direct correspondence to info@gortool.com