@darwino/darwino-react-bootstrap-notes

<html> <head> <meta http-equiv=Content-Type content="text/html; charset=windows-1252"> <meta name=Generator content="Microsoft Word 14 (filtered)"> <style>  </style> </head> <body lang=EN-US style='line-break:strict'> <div class=WordSection1> Darwino Inc. Enterprise Edition License Agreement Important�Read Carefully!     This Darwino Inc. Enterprise Edition License Agreement ("License Agreement") is a legal agreement between you, as the registered representative and on behalf of a single entity ("you" or "LICENSEE"), and Darwino Inc. ("Darwino") for the Darwino product known as "Darwino", which may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this License Agreement. If you do not agree to the terms of this License Agreement, do not install or use the SOFTWARE PRODUCT; return it immediately for a full refund for any license fees paid.   For purposes of this License Agreement, the term SOFTWARE PRODUCT shall include upgrades, modified versions, updates, additions and copies of the SOFTWARE PRODUCT licensed pursuant to the terms of this License Agreement.   Software Product Ownership   This is a license agreement and not a sale. All title, ownership rights, and intellectual property rights (including all copyright, trademark and trade secret rights) in and to the SOFTWARE PRODUCT (including without limitation any code, images, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, any copies of the SOFTWARE PRODUCT, and any copies you as LICENSEE are permitted to make are owned by Darwino or its licensors, suppliers or affiliates and are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws, treaties and trade secret laws. Absent a separate written agreement between you and Darwino, your rights to use the SOFTWARE PRODUCT are limited to this LICENSE AGREEMENT.� This LICENSE AGREEMENT may contain material licensed or supplied from third parties and is therefore subject to the rights of such parties.� On behalf of itself and such third parties, Darwino retains all rights not expressly granted to you in this LICENSE AGREEMENT. Nothing in this LICENSE AGREEMENT constitutes a waiver of Darwino's or its licensors' or suppliers' rights under international copyright law or any other applicable intellectual property laws or treaties. You agree to treat the SOFTWARE PRODUCT like any other copyrighted material for archival purposes, and you may not copy the printed materials accompanying the SOFTWARE PRODUCT. You may not remove, modify or alter any Darwino copyright or trademark notice from any part of the SOFTWARE PRODUCT, including but not limited to any such notices contained in the physical or electronic media or documentation, in any of the runtime resources, or in any web presences or web-enabled notices, code, or other embodiments originally contained in or dynamically or otherwise created by the SOFTWARE PRODUCT.   Grant of License   Subject to the provisions contained herein, Darwino hereby grants LICENSEE a non-exclusive, non-transferable license in machine readable object code form only, as follows:   Software Product   Subject to the terms set forth below that pertain to the form of license you acquire, you may install and use one copy of the SOFTWARE PRODUCT, or any upgrades, modified versions, updates and additions thereto that may be provided by Darwino (collectively, the "Enhancements") for a single operating system, on a single server and only for the use for which you have acquired rights therefore.� Your use of the SOFTWARE PRODUCT is limited to internal production use only.� The resale or distribution of the SOFTWARE PRODUCT is prohibited.� If you are using the SOFTWARE PRODUCT to develop applications for resale or further distribution, you must obtain an OEM license from Darwino.   Server and User Licenses   Under this licensing model, you must purchase a minimum of one(1) server license which includes ________ (___) user licenses as provided herein and additional user licenses for each user beyond the __________ (___) accessing any portion of the SOFTWARE� PRODUCT. You must purchase a server license for each server on which the SOFTWARE PRODUCT is installed.� Your use of the SOFTWARE PRODUCT shall be limited to the licenses so purchased.     No Other Licenses   Other than the uses expressly permitted in this LICENSE AGREEMENT, there is no license granted in this LICENSE AGREEMENT under any patent, trademark, copyright, trade secret or other intellectual property rights, either expressly, by implication or under any other theory of law or equity.   Description of Other Rights and Limitations   The license grant herein is subject to the following limitations:       No Concurrent Use   A server license of the SOFTWARE PRODUCT may not be shared or used concurrently on more than one server. A user license of the SOFTWARE PRODUCT may not be shared or used concurrently by more than one user.   Limitations on Reverse Engineering, Decompilation, and Disassembly   You may not modify, reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law and as required to obtain interoperability with other independently created software, or as may be otherwise specified by law. Notwithstanding the preceding sentence, the SOFTWARE PRODUCT is licensed as a single product. 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If the SOFTWARE PRODUCT is an Enhancement of a component of a package of software programs that you licensed as a single product, the Enhanced SOFTWARE PRODUCT may be used only as part of that single product package and may not be separated for use on other systems.   Export Law Assurances   You agree and certify that you will not export or re-export the SOFTWARE PRODUCT to any country, person or entity subject to U.S. export restrictions. You specifically agree not to export or re-export the SOFTWARE PRODUCT to any country to which the U.S. has embargoed or restricted the export of goods or services, and to otherwise comply with all other U.S. export restrictions.   Indemnification   The SOFTWARE PRODUCT and all Enhancements are intended for use as specified in this License Agreement and in accordance with the documentation accompanying the SOFTWARE PRODUCT and the Enhancement, respectively. 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If you are importing the SOFTWARE PRODUCT or an Enhancement from the United States, you shall indemnify and hold the Darwino Indemnitees harmless from and against any import and export duties or other claims arising from such importation.   Limited Warranty   Media   Darwino warrants for a period of ninety (90) days from your date of purchase that (i) the media on which the SOFTWARE PRODUCT is furnished will be free from defects in material and workmanship; and (ii) the SOFTWARE PRODUCT will substantially conform to the accompanying user documentation.   Customer Remedies   During the limited warranty period, Darwino and its licensors' and suppliers' entire liability and your exclusive remedy shall be, at Darwino�s sole option, either (a) return of the price paid by you for the SOFTWARE PRODUCT, if any, or (b) repair or replacement of the damaged media that does not meet Darwino's Limited Warranty. This Limited Warranty is void if damage of the SOFTWARE PRODUCT media has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside of the United States, neither of these remedies is available without first contacting Darwino or Darwino�s distributor serving your country.   No Other Warranties   THE WARRANTIES ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DARWINO AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, DEPENDING ON YOUR STATE OR JURISDICTION.   Limitation of Liability   EXCEPT IN RELATION TO DEATH AND PERSONAL INJURY AND ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DARWINO OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, SPECULATIVE, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DAMAGES FOR LOSS OF GOODWILL, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS) INCURRED BY LICENSEE OR ANY OTHER THIRD PARTY ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, THE DOCUMENTATION, OR ANY OTHER ACCOMPANYING MATERIALS, OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF DARWINO OR ITS LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, DARWINO'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED IN ANY SINGLE EVENT OR IN THE AGGREGATE TO THE SOFTWARE PURCHASE PRICE. LICENSEE ACCEPTS THE TERMS AND CONDITIONS OF THIS AGREEMENT WITH THE UNDERSTANDING THAT DARWINO�S LIABILITY IS LIMITED, THE PRICES PAYABLE HAVE AND WILL BE CALCULATED ACCORDINGLY, AND THAT LICENSEE MAY REDUCE ITS RISK FURTHER BY MAKING APPROPRIATE PROVISION FOR INSURANCE. LICENSEE AGREES TO MITIGATE ANY LOSSES OR DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.   U. S. Government Restricted Rights   The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set forth in subparagraph C (1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is: Darwino Inc., 54 Cummings Park, Woburn, MA 01801.   Miscellaneous   Choice of Law   This License Agreement is governed by the laws of the Commonwealth of Massachusetts without regard to its principles governing conflicts of law. By using the SOFTWARE PRODUCT, you consent to the personal and exclusive jurisdiction and venue of the state and federal courts sitting in Middlesex County, Massachusetts.   Audit   Darwino reserves the right to conduct periodic audits to verify Licensee's compliance with this License Agreement.   Severance   If any provision of this License Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from this Agreement and all the other provisions shall remain in full force and effect.   Headings   The headings used in this License Agreement are intended for convenience only and shall not be deemed to supersede or modify any provisions.   Waiver   The waiver by Darwino of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for breach of Darwino's proprietary rights in the SOFTWARE PRODUCT, no action, regardless of form, arising out of this Agreement may be brought by either party more than two (2) years after the cause of action has accrued.   Entire Agreement   This LICENSE AGREEMENT and any schedules hereto constitute the entire agreement between Darwino and you with respect to the subject matter hereof and supersede any and all prior oral or written agreements, discussions, understandings and quotations relating to such subject matter. </div> </body> </html>