SOFTWARE LICENSE
Ownership of the Software. The enclosed Amzi! software program ("Software") and the accompanying written materials are owned by Amzi! [or its suppliers] and are protected by United States copyright laws and by international treaties. The Software is licensed, not sold.
The Software consists of a "Workshop" that is used by knowledgebase developers to create "Knowledgebases" and the "Distributable Runtime" that is used to execute the Knowledgebases.
Grant of License--KnowledgeWright Basic, Personal Use. Amzi! grants to you, as an individual, the right to use a copy of the Software on a single computer for a period of 90 days for evaluation purposes. You may continue to use the Software after 90 days if: 1) the Software and your Knowledgebases are not used or deployed in a business or government, 2) the Software and your Knowledgebaes are not used for any trade, business or government purposes, and 3) your Knowledgebases are used and distributed at no charge.
Grant of License--KnowledgeWright Workshop. For each Developer License you have purchased, Amzi! grants to you, as an individual, the right to use a copy of the KnowledgeWright Workshop on a single computer. You may install a copy of the KnowledgeWright Workshop on more than one computer provided that you are the only individual using the Software. If you are an entity, Amzi! grants you the right to designate one individual within your organization to have the right to use the Workshop in the manner provided above.
You may not copy the KnowledgeWright Workshop except solely for backup or archival purposes. You may not copy the accompanying materials ("Documentation"). Amzi! reserves all rights not expressly granted.
Grant of License--KnowledgeWright Distributable Runtime Software. For each Runtime License you have purchased Amzi! grants to you, as an individual, the right to: 1) install one copy of the Distributable Runtime on one web server, or 2) redistribute an unlimited number of copies of the distributable runtime as part of your application on one platform (Windows, Linux or Solaris). In either case, you may run multiple Knowledgebases. For each Distributable Runtime so deployed you must: (a) include the Runtime Binaries only in conjunction with and as a part of your application, (b) include a valid copyright notice, (c) do not permit further redistribution of the Runtime Binaries by your end-users or customers and (d) agree to indemnify, hold harmless Amzi! and its suppliers from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your application. The files comprising the Distributable Runtime are listed in the Documentation. If you are an entity, Amzi! grants you the right to designate one individual within your organization to have the right to use the Distributable Runtime in the manner provided above. Amzi! reserves all rights not expressly granted.
If you have installed the Distributable Runtime on a web server, the following conditions apply: 1) if the Distributable Runtime is used in a clustered server environment, you may use the Distributable Runtime on a temporary basis on a server that is employed only for fail-over support, and 2) you may not rent, lease, lend or provide commercial hosting services with the Software including the Distributable Runtime.
Under no conditions may you distribute the source code, Workshop or Documentation included in this Software. For different licensing arrangements, please contact Amzi!
Updates. Upon receipt of future updates of the Software (an "Update"), you may use or transfer the Update only in conjunction with your then existing Software. The Software and all Updates are licensed as a single product, and the Updates may not be separated from the Software for use by more than one individual at any time.
Restrictions on Use and Transfer. You may not rent or lease the Software or otherwise transfer or assign the right to use the Software. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law. notwithstanding this limitation. You may not create derivative works from the Software.
Sample Code. You have a royalty-free license to incorporate the source code for the modules designated as "Samples" into your own knowledgebases.
Export Restrictions. This Software is subject to U.S. Export Administration Regulations. You may not acquire, ship, transfer, or reexport the Software into any country or to any person or entity prohibited by the Regulations including, but not limited to, the countries of Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges. This license is valid only for use within the country of the original purchaser or, if purchased in the EEC (European Economic Community), within any country in the EEC.
Termination. Amzi! may terminate this Agreement if you fail to comply with its terms and conditions. In such event, you must destroy all copies of the Software.
General. Whenever possible, each provision of this License Agreement shall be interpreted in a manner as to be valid and effective under applicable law. If any provision is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this License Agreement and shall not affect the validity and enforceability of the remaining provisions. This Agreement is governed by the laws of the State of Ohio. For questions concerning this Agreement, please contact Amzi! inc. 5861 Greentree Road, Lebanon, Ohio 45036 U.S.A., Telephone +1-513-425-8050, Fax +1-513-425-8025.
LIMITED WARRANTY
Amzi! warrants that the Software will perform substantially in accordance with the accompanying Documentation for a period of 90 days from the date of your receipt of the Software. Any implied warranties on the Software are limited to 90 days. Some states do not allow limitations on duration of an implied warranty, so the above limitation may not apply to you.
AMZI! DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE AND THE ACCOMPANYING WRITTEN MATERIALS. This limited warranty gives you specific legal rights. You may have others, which vary from state to state.
AMZI! INC.'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE, AT AMZI! INC.'S CHOICE, EITHER (A) RETURN OF THE PRICE PAID OR (B) REPLACEMENT OF THE SOFTWARE THAT DOES NOT MEET AMZI! INC.'S LIMITED WARRANTY AND WHICH IS RETURNED TO AMZI! WITH A COPY OF YOUR RECEIPT. Any replacement Software will be warranted for the remainder of the original warranty period or 30 days, whichever is longer.
IN NO EVENT WILL AMZI! BE LIABLE TO YOU FOR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS) OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OR INABILITY TO USE THE SOFTWARE, EVEN IF AMZI! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
U.S. GOVERNMENT RESTRICTED RIGHTS
The Software and documentation are provided with Restricted Rights. Use, duplication, or disclosure by the Government is subject to restrictions set forth in subparagraph (c)(1) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Amzi! inc. 5861 Greentree Road, Lebanon, Ohio 45036 U.S.A.