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ActiveQ v1.0 Copyright (C) 2002 Active Up SPRL 1. License
This license shall not be transferred or assigned without the prior written agreement of Active Up or an approved distributor.
You can register ActiveMail to activate mail features of the software. This registration will allow you to use the software with all its capabilities. Active Up will accept it to also be installed in a test environment if it can be accessed by only one person.
THE SOFTWARE IS SUPPLIED "AS IS"
WITHOUT WARRANTY OF ANY KIND. ACTIVE UP SPRL, ITS LICENSORS AND THEIR
EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME
ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS,
OR USEFULNESS OF THE SOFTWARE, (3) DO NOT REPRESENT THAT USE OF THE SOFTWARE
WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, (4) DO NOT WARRANT THAT THE
SOFTWARE WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY
ERRORS WILL BE CORRECTED. 5. Limitation
of liability IN NO EVENT WILL ACTIVE UP SPRL OR ITS LICENSORS
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS
OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS
ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT
LIABILITY), OR OTHERWISE, EVEN IF ACTIVE UP SPRL HAS BEEN WARNED OF THE
POSSIBILIITY OF SUCH LOSS OR DAMAGES. IN NO EVENT SHALL ACTIVE UP SPRL
'S LIABILITY FOR DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT
EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE. 6. Indemnity The Licensee shall indemnify, defend, and hold
harmless Active Up SPRL, the Software developers, the Software sponsors,
and their agents, officers, and employees, against any and all claims,
suits, losses, damage, costs, fees, and expenses arising out of or in
connection with this Agreement. The Licensee shall pay all costs incurred
by Active Up SPRL in enforcing this provision, including reasonable attorney
fees. 7. Term and termination The license granted to the Licensee under this
Agreement will continue perpetually unless terminated by Active Up SPRL
in accordance with this Agreement. If the Licensee breaches any term of
this Agreement, and fails to cure such breach within thirty (30) days
of the date of written notice, this Agreement shall immediately terminate.
Upon such termination, the Licensee shall immediately cease using the
Software, return to Active Up SPRL, or destroy, all copies of the Software,
and provide Active Up SPRL with written certification of your compliance
with the foregoing. Termination shall not relieve the Licensee from its
obligations arising prior to such termination. Notwithstanding any provision
of this Agreement to the contrary, Sections 2 through 9 shall survive
termination of this Agreement. 8. Export
controls The Licensee shall observe all applicable Belgian
and foreign laws and regulations (if any) with respect to the export,
re-export, diversion or transfer of the Software, related technical data
and direct products thereof, including, without limitation, the International
Traffic in Arms Regulations (ITAR) and the Export Administration Regulations.
9. Applicable
law - jurisdiction This license contract is governed exclusively by Belgian law. In the event of a dispute arising in relation to the conclusion, interpretation or execution hereof, the Belgian courts, and more specifically those of the judicial district of Liege shall have sole jurisdiction.
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