Updated: October 2015
Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By using and installing ActiveState's Software or, where applicable, choosing the “I ACCEPT...” option at the end of the License you indicate that you have read, understood, and accepted the terms and conditions of the License. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE. If the Software is already downloaded or installed, you should promptly cease using the Software in any manner and destroy all copies of the Software in your possession. You, the user, assume all responsibility for the selection of the Software to achieve your intended results and for the installation, use and results obtained from the Software. If you have any questions concerning this, you may contact ActiveState via license [at] activestate [dot] com.
This ActiveState License (“License”) is made between ActiveState (“ActiveState”) as licensor, and (“You” or “Your”), as licensee, as of the date of your use of the Software (the Software is in use on a computer when it is loaded into the RAM or installed into the permanent memory (e.g., hard disk or other storage device) of that computer.).
This License reflects ActiveState's intent to retain full ownership of and control of the use and distribution of ActiveState Komodo, the License Key (as hereinafter defined) and other applicable software (collectively the “Software”).
- License Grant. If You obtained the Software from ActiveState or one of its authorized resellers and paid the applicable license fee, Your receipt of the Software reflects Your permitted use of such Software. Each type of permitted use is described in further detail below. As long as You comply with the terms and conditions of this License, ActiveState grants to You a personal, non-exclusive, non-transferable, and limited license to use the Software solely to create, compile, test and deploy, in source or object code form, your own application programs (“Works”). You may create redistributable applications based on your unique development work using the Software and you may sublicense to end users of such Works (“End Users”) the personal, non-exclusive, non-transferable right to install and execute the files, and/or libraries that are necessary to use the Works created using the Software. Use of such files and/or libraries by such End Users is limited to runtime purposes only. You may not provide any End User with access to the development or interactive capabilities of the Software libraries or technology, nor may you expose the base programming language(s) as a scripting language within the Works to any such End User. When you pay the license fee established by ActiveState, you will receive a license key (the “License Key”) from ActiveState that authorizes you to use the Software only in the following specific contexts.
- Commercial Use. If your License Key authorizes Commercial Use, you may use the software on more than one computer or on a network so long as you are the sole user of the Software. (A “network” is any combination of two or more computers that are electronically linked and capable of sharing the use of a single software program.) You will obtain a separate license for each additional user of the Software (whether or not such users are connected on a network). You are not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the Software, in whole or in part, for any form of actual or potential commercial gain or consideration.
- Evaluation (Trial) Use. If your License Key authorizes Evaluation (Trial) Use, you may use the software only for evaluation purposes without payment of the License Fee for a period of no more than twenty-one (21) days from the date of download.
- Non-commercial Use. If your License Key authorizes Non-commercial Use, you may use the software in a teaching or learning environment only. You are not permitted to sell, lease, distribute, transfer, sublicense, or otherwise dispose of the Software, in whole or in part, for any form of actual or potential commercial gain or consideration.
- Application Service Provision. Any use of the Software in conjunction with ActiveState web services and any updates to such services which may be provided by ActiveState from time to time (the “Service”). ActiveState hereby grants to You only the non-exclusive right and license to access, use, and transmit Your data with the Service. You shall access the Service only with procedures communicated by ActiveState and use the Service only for your internal business operations including affiliated entities that control, or are controlled by, You, and You shall not permit the Service to be used by or for the benefit of third parties. You shall not have the right to sublicense or sell rights to access or use the Service or to transfer or assign rights to access or use the Service, except as expressly provided herein. All rights not expressly granted to You herein are expressly reserved by ActiveState.
- Other Use. Any use of the software other than the uses specified above requires a separate license from ActiveState and the payment of additional license fees as determined by ActiveState. Such additional redistribution options are available, at ActiveState’s sole discretion, on a case-by-case basis. Contact sales [at] activestate [dot] com to discuss any redistribution options not covered by this license agreement. ActiveState reserves all rights not expressly granted to you herein.
- Student License. Student Edition Software means full versions of ActiveState Software, offered with special pricing and license terms, and only available to Qualified Student Users.
- Student Edition Special License Terms. Student Edition Software is not transferable. Student software is not version upgradeable. Commercial use is permitted only if the User is: a Qualified Student User at the time of purchasing the Software, a Qualified Student User at the time of development of Works and a Qualified Student User at the time of sublicensing of the Works.
- Please refer to the ActiveState student license requirements or contact ActiveState for further information on what is a "Qualified Student User," and about other licensing options that may be available.
- Personal Edition License. Personal Edition Software means full version of ActiveState Software offered with special pricing. License terms and restrictions are as follows:
- Personal Edition License Terms. Software is not transferable to another owner. Software is only for natural persons who are purchasing the Personal Edition License using their own funds. Notwithstanding anything to the contrary set forth above, You may not use the Software, and this license shall not be in effect, in the event that You do not pay the Software license fee using your own funds. If any third party pays the Software license fee or if you expect or receive reimbursement for the Software license fee from any third party, this Personal Edition License shall be invalid and not in effect. You cannot purchase more than one Personal Edition License (no bulk purchases).
- Please refer to the ActiveState Komodo Personal License requirements or contact ActiveState for further information on what is a "Personal Edition License," and about other licensing options that may be available.
- Termination. This License Agreement is effective until terminated. ActiveState may terminate this License immediately and without prior notice if you breach any term of this License or for any other commercially reasonable ground. In the event of any termination or expiration, you agree to immediately destroy and/or erase the original and all copies of the Software, any accompanying documentation and License Keys and to discontinue their use and you will not retain or store the Software or any copies thereof, in any form or medium.
- Proprietary Rights. The Software is licensed, not sold, to you. ActiveState reserves all rights not expressly granted to you. Ownership of the Software and its associated proprietary rights, including but not limited to patent and patent applications, are retained by ActiveState. The Software is protected by the copyright laws of Canada and the United States and by international treaties. Therefore, you must comply with such laws and treaties in your use of the Software. You agree not to remove any of ActiveState’s copyright, trademarks and other proprietary notices from the Software.
- Distribution. Except as may be expressly allowed in Section 1, or as otherwise agreed to in a written agreement signed by both you and ActiveState, you will not distribute the Software, either in whole or in part, in any form or medium.
- Transfer and Use Restrictions. You may not sell, license, sub-license, lend, lease, rent, share, assign, transmit, telecommunicate, export, distribute or otherwise transfer the Software to others, except as expressly permitted in this License Agreement or in another agreement with ActiveState. In order to use the Software you will be required to obtain a License Key and agree to this License Agreement for the use of the Software. You will not disclose or provide access to your License Key to any other person or entity. You must comply with all applicable Canadian and other export control laws in your use of the Software. Except as may be expressly permitted above, you may not modify, reverse engineer, decompile, decrypt, extract or otherwise disassemble the Software.
- NO WARRANTY. ACTIVESTATE MAKES NO WARRANTIES WHATSOEVER REGARDING THE SOFTWARE AND IN PARTICULAR, DOES NOT WARRANT THAT THE SOFTWARE WILL FUNCTION IN ACCORDANCE WITH THE ACCOMPANYING DOCUMENTATION IN EVERY COMBINATION OF HARDWARE PLATFORM OR SOFTWARE ENVIRONMENT OR CONFIGURATION, OR BE COMPATIBLE WITH EVERY COMPUTER SYSTEM. IF THE SOFTWARE IS DEFECTIVE FOR ANY REASON, YOU WILL ASSUME THE ENTIRE COST OF ALL NECESSARY REPAIRS OR REPLACEMENTS. FURTHER, YOU ACKNOWLEDGES AND AGREES THAT THE INTERNET IS NOT ESTABLISHED OR MAINTAINED BY ACTIVESTATE, THAT ACTIVESTATE HAS NO CONTROL OVER THE INTERNET, AND THAT ACTIVESTATE IS NOT LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE OPERATION OF THE SERVICE.
- DISCLAIMER. ACTIVESTATE DOES NOT WARRANT THAT THE SOFTWARE OR SERVICE IS FREE FROM BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE OR SERVICE IS PROVIDED ON AN “AS IS” BASIS AND ACTIVESTATE MAKES NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE OR SERVICE OR ANY ACCOMPANYING ITEMS INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, IN WHICH CASE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. ACTIVESTATE WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THIS LICENSE OR THE USE OR INABILITY TO USE THE SOFTWARE OR SERVICE. IN NO EVENT WILL ACTIVESTATE’S TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY) WITH REGARD TO THE SOFTWARE AND/OR THIS LICENSE EXCEED THE LICENSE FEE PAID BY YOU TO ACTIVESTATE. FURTHER, ACTIVESTATE WILL NOT BE LIABLE FOR ANY DELAY OR FAILURE TO PERFORM ITS OBLIGATIONS UNDER THIS LICENSE AS A RESULT OF ANY CAUSES OR CONDITIONS BEYOND ACTIVESTATE’S REASONABLE CONTROL.
- Publicity Rights. You have granted ActiveState the right to include your name and logo as a customer in Product promotional material. You can deny ActiveState this right at any time by submitting a written request via email to sales [at] activestate [dot] com, requesting to be excluded from Product promotional material. Requests made after purchasing may take up to thirty (30) calendar days to process.
- U.S. Government Restricted Rights Legend. If the Software is acquired by any agency or other part of the U.S. government in a transaction subject to the Federal Acquisition Regulations or the Defense Federal Acquisition Regulations, the Software is furnished with Restricted Rights. Use, duplication, or disclosure of the Software by the U.S. government is subject to all applicable restrictions set forth in such Regulations, as amended from time to time, including subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights clause at Section 48 C.F.R. 52.227-19.
- Application Server Operations. During the term hereof and subject to the terms and conditions hereof, ActiveState shall undertake commercially reasonable efforts to provide You with consistent Service (i) insulated from changes in the Internet, and (ii) sufficient for access twenty-four (24) hours per day, seven (7) days per week (“24 x 7”), except for routine maintenance. However, ActiveState, does not promise, guarantee, or warrant a 24 x 7 Service but ActiveState shall undertake commercially reasonable efforts during its normal business hours to restore promptly all failures of service at no additional charge to You. You shall be solely responsible at its expense, for: (i) internal network, hardware, software, and supported browsers sufficient to access the Service, and (ii) broadband Internet connections. If You require a guaranteed 24 x7 Service, you should contact ActiveState sales [at] activestate [dot] com to discuss upgrading the License.
- Ownership. Title to the Proprietary Rights embodied in the software that generates the Service and other software installed on ActiveState's Application Server or operating as part of ActiveState's web site shall remain in and be the sole and exclusive property of ActiveState and its licensors. You shall not alter, change or remove any proprietary notices or confidentiality legends placed on or contained within ActiveState's Application Server operating as part of ActiveState's web site, the Service, or any other software installed on ActiveState's Application Server.
- Confidentiality of Software Installed on ActiveState's Application Server. You acknowledge ActiveState's claim that the software installed on ActiveState's Application Server embodies logic, design, and coding methodology which constitute valuable confidential information that is proprietary to ActiveState and its licensors. You shall safeguard the right to access the Service using the same standard of care which You uses for its similar confidential materials, but in no event less than reasonable care.
- Confidentiality of Your Data. All Your Data and/or information disclosed to ActiveState in connection with the performance of this Agreement ("Your Confidential Information") shall be held as confidential by ActiveState and shall not, without Your prior written consent, be disclosed or be used for any purposes other than the performance of this Agreement. ActiveState shall safeguard the confidentiality of Your Confidential Information using the same standard of care which ActiveState uses for its similar confidential materials, but in no event less than reasonable care. Notwithstanding the forgoing, the term "Your Confidential Information" shall not be deemed to include information which: (i) is now, or hereafter becomes, through no act or failure to act on the part of ActiveState, generally known or available; (ii) is known by ActiveState at the time of receiving such information as evidenced by its written records; (iii) is hereafter furnished to ActiveState by a third party, as a matter of right and without restriction on disclosure; (iv) is independently developed by ActiveState as evidenced by its written and dated records and without any breach of this Agreement; or (v) is the subject of a written permission to disclose provided by You. Further notwithstanding the forgoing, disclosure of Your Confidential Information shall not be precluded if such disclosure: (i) is in response to a valid order of a court or other governmental body of Canada or the United States; (ii) is otherwise required by law; or (iii) is otherwise necessary to establish rights or enforce obligations under this Agreement, but only to the extent that any such disclosure is necessary.
- Entire Agreement. This License and the Usage License Agreement constitutes the entire agreement between you and ActiveState regarding the Software and all accompanying documentation. If any provision is found to be invalid by a court of competent jurisdiction, the balance of the provisions will remain in full force and effect. This License will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, excluding its conflict of laws rules. The parties hereby attorn to the jurisdiction of the courts of the Province of British Columbia in the event of any dispute hereunder. The provisions of the U.N. Convention on Contracts For The International Sale of Goods (1980) and any successor Convention, will not apply to this License.
- Inurement. The rights, restrictions, limitations, disclaimers and remedies granted to, retained by, or for the benefit of ActiveState will inure to the benefit of and will be enforceable by ActiveState and its licensors, successors and assigns. You may not assign your rights, obligations and interest in and to this License without the prior written consent of ActiveState. The obligations, covenants and rights which apply to you will inure to your benefit and will be binding on you and your permitted successors and assigns.
BY INSTALLING THE SOFTWARE, OR, WHERE APPLICABLE, CHOOSING THE “I ACCEPT...” OPTION, YOU INDICATE THAT YOU HAVE READ, UNDERSTOOD AND ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, YOU SHOULD NOT ATTEMPT TO INSTALL THE SOFTWARE.