MACROMEDIA® HOMESITE® SYNTAX COLORING PARSER SOURCE CODE SCRIPTS END USER LICENSE AGREEMENT
IMPORTANT: THIS MACROMEDIA® HOMESITE® SYNTAX COLORING PARSER SOURCE CODE SCRIPTS (“PARSER SCRIPTS”) END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU AND MACROMEDIA. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING ANY PARSER SCRIPTS. IT PROVIDES A LICENSE TO USE THE PARSER SCRIPTS AND CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE PARSER SCRIPTS, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE PARSER SCRIPTS AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "DECLINE" BUTTON, AND DO NOT INSTALL OR USE THE PARSER.
THIS EULA SHALL APPLY ONLY TO THE PARSER SCRIPTS SUPPLIED BY MACROMEDIA HEREWITH.
1. Copyright
The Parser Scripts are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
2. License Grants
The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA:
Subject to the terms and conditions of this Agreement, Macromedia grants you, and you accept, a non-exclusive and non-transferable right to use the Parser Scripts along with any corresponding documentation (“Parser Scripts”) provided herewith, and to reproduce, modify and distribute the Parser Scripts, along with any modifications thereof, provided, that you:
(a) do not remove or obscure any copyright, trademark or patent notices that appear in the Parser Scripts as delivered to you;
(b) distribute your Parser Scripts pursuant to an end user license agreement with terms no less protective of Macromedia than those contained herein;
(c) do not distribute any Parser Scripts for a fee unless such Parser Scripts have been modified or enhanced to add features and functionality from the Parser Scripts you received hereunder;
(d) agree that Macromedia may audit your use of the Parser Scripts for compliance with these terms at any time, upon reasonable notice, and in the event that such audit reveals any use of the Parser Scripts by you other than in full compliance with the terms of this Agreement, you shall reimburse Macromedia for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance; and
(e) agree that your license rights under this EULA are non-exclusive.
3. License Restrictions
Except to the extent contrary to applicable law:
(a) You will not export the Parser Scripts into any country prohibited by the United States Export Administration Act and the regulations thereunder.
(b) You shall indemnify, hold harmless, and defend Macromedia and/or its licensors from and against any claims or lawsuits, including attorney’s fees, that arise or result from the use or distribution of the Parser Scripts.
(c) You shall otherwise comply with the terms of this EULA.
(d) Macromedia retains all rights not expressly granted.
(e) No technical support will be provided for the Parser Scripts.
(f) You may not use the Parser Scripts in any way other than as expressly permitted under this EULA.
(g) In the event that you fail to comply with this EULA,
without prejudice to any other rights, Macromedia may terminate
this EULA. Macromedia may terminate this EULA immediately
with respect to any Parser Scripts should any Parser Scripts,
in whole or in part, become, or in Macromedia’s reasonable
discretion be likely to become, the subject of a claim of
infringement of any intellectual property right. Upon termination,
you must destroy all copies of such Parser Scripts.
4. Ownership
The foregoing grants of rights give you a limited license to use the Parser Scripts. Except as expressly provided in this Agreement, Macromedia and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, in and to, the Parser Scripts (as an independent work and as an underlying work serving as a basis for any improvements, modifications, derivative works, and applications you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by Macromedia and its suppliers.
5. DISCLAIMER OF WARRANTIES
(a) MACROMEDIA PROVIDES NO REMEDIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, FOR THE PARSER SCRIPTS. THE PARSER SCRIPTS ARE PROVIDED “AS IS”.
(b) MACROMEDIA AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. MACROMEDIA DOES NOT WARRANT THAT THE PARSER SCRIPTS ARE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UCC WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN. THE PARSER SCRIPTS ARE NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. MACROMEDIA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.
(c) IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE PARSER SCRIPTS, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY.
(d) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MACROMEDIA, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY, IF ANY, PROVIDED HEREIN.
(e) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
6. LIMITATION OF LIABILITY
(a) NEITHER MACROMEDIA NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PARSER SCRIPTS AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF MACROMEDIA OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) MACROMEDIA'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PARSER SCRIPTS THAT CAUSED SUCH DAMAGE OR $5, WHICHEVER IS GREATER.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
(d) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO THE WARRANTIES AND DISCLAIMERS ABOVE AND ALL OTHER ASPECTS OF THIS EULA.
7. Basis of Bargain
The Disclaimer of Warranties and Limitation of Liability set forth above are fundamental elements of the basis of the agreement between Macromedia and you. Macromedia would not be able to provide the Parser Scripts on an economic basis without such limitations. Such Disclaimer of Warranties and Limitation of Liability inure to the benefit of Macromedia’s licensors.
8. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
The Parser Scripts and the documentation are provided with "RESTRICTED RIGHTS” applicable to private and public licenses alike. Without limiting the foregoing, use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable. Manufacturer: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103.
9. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
The limitations or exclusions of warranties, remedies or
liability contained in this EULA shall apply to you only
to the extent such limitations or exclusions are permitted
under the laws of the jurisdiction where you are located.
10. General
This EULA shall be governed by the internal laws of the State of California, without giving effect to principles of conflict of laws. You hereby consent to the exclusive jurisdiction and venue of the state courts sitting in San Francisco County, California or the federal courts in the Northern District of California to resolve any disputes arising under this EULA. In each case this EULA shall be construed and enforced without regard to the United Nations Convention on the International Sale of Goods.
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any purchase order or other written notification or document issued by you in relation to the Parser Scripts licensed hereunder shall be of no effect. The failure or delay of Macromedia to exercise any of its rights under this EULA or upon any breach of this EULA shall not be deemed a waiver of those rights or of the breach.
No Macromedia dealer, agent or employee is authorized to make any amendment to this EULA.
If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force and effect.
All questions concerning this EULA shall be directed to: Macromedia, Inc., 600 Townsend, San Francisco, CA 94103, Attention: General Counsel.
Macromedia and other trademarks contained in the Parser Scripts are trademarks or registered trademarks of Macromedia, Inc. in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Parser Scripts. This EULA does not authorize you to use Macromedia’s or its licensors’ names or any of their respective trademarks.
