Komodo IDE (Mac OS X/PowerPC) 5.2.4

EULA - End User License Agreement

ACTIVESTATE KOMODO IDE LICENSE AGREEMENT

Please read carefully: THIS IS A LICENSE AND NOT AN AGREEMENT FOR SALE.
By using and installing ActiveStates 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 email at
Sales@ActiveState.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 ActiveStates intent to retain full ownership of
and control of the use and distribution of ActiveState Komodo IDE, the
License Key (as hereinafter defined) and other applicable software
(collectively the "Software").

1. 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(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:

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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 ActiveStates sole discretion,
on a case-by-case basis. Contact Sales@ActiveState to discuss any
redistribution options not covered by this license agreement.
ActiveState reserves all rights not expressly granted to you herein.

2. 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 and License Keys, to discontinue their
use, and not retain or store the Software or any copies thereof in any
form or medium.

3. 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 ActiveStates copyright, trademarks and
other proprietary notices from the Software.

4. 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.

5. 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.

6. 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.

7. DISCLAIMER. ACTIVESTATE DOES NOT WARRANT THAT THE SOFTWARE IS FREE
FROM BUGS, DEFECTS, ERRORS OR OMISSIONS. THE SOFTWARE IS PROVIDED ON AN
"AS IS" BASIS AND ACTIVESTATE MAKES NO OTHER WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE 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.

8. 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. IN NO EVENT WILL ACTIVESTATES 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 ACTIVESTATES REASONABLE CONTROL.

9. 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.

10. Entire Agreement. This License and the Usage License Agreement
constitutes the entire agreement between you and ActiveState regarding
the Software. 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.

11. 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.