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Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE. By using and installing ActiveState Software Inc.'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 sales [at] activestate [dot] com.
This ActiveState License ("License") is made between ActiveState Software Inc. ("ActiveState") as licensor, and you, 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 Perl Dev Kit, the License Key (as hereinafter defined) and other applicable software (collectively the "Software").
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.
- License Grant. Subject to 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 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 may make only one copy of the Software for archival or backup purposes. 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 or installation into your hard drive.
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This clause is intended to protect the rights of ActiveState's intellectual property and to prevent distribution of products that provide competitive functionality to the Software.
- 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.
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- 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.
- 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 reason whatsoever. 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.
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- 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.
- 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.
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