All rights in the Program not expressly granted under this License are reserved. In particular, without limitation, this Licenseĭoes not grant permission to use the trade names, trademarks, service marks, or product names of Aptana. Terms of this License, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.Įxcept as expressly stated in Section 2 above, You receive no rights or licenses to the intellectual property of Aptana under this License, whether expressly, by implication, estoppel or otherwise. If any provision of this License is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the This License represents the complete agreement concerning subject matter hereof. License is required to allow You to use the Program, it is Your responsibility to acquire that license before using the Program. As a condition to exercising the rights and licenses granted hereunder, You hereby assume sole responsibility to secure any other intellectual property rights needed, if any. Aptana disclaims any liability for claims based on infringement of intellectual Without limiting the foregoing, Aptana provides no assurances that the Program does not infringe the patent or other intellectual property rights of any third party. Including but not limited to the risks and costs of program errors, compliance with applicable laws, damage to or loss of data, programs or equipment, and unavailability or interruption of operations. You are solely responsible for determining the appropriateness of using and reproducing the Program and assume any and all risks associated with its exercise of rights under this License, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. This Section 2.1(b), no patent license is granted: (i) for code that You delete from the Program or (ii) for infringements caused by: (1) the modification of the Program or (2) the combination of the Program with other software or devices.Īptana represents that to its knowledge as of the date of first publication of the Program under this License, it has sufficient copyright rights in the Program, to grant the copyright license set forth in this License.ĮXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 4, THE PROGRAM IS PROVIDED "AS IS", WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, As used herein, "Licensed Patent Claims" means only those patent claims owned by Aptana that are necessarily infringed by Your making and using the Program for Your Internal Use. In each case solely for Your Internal Use. Purposes of this definition, control means (a) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (b) ownership of more than fifty percent (50%) of the outstanding sharesĪ) Subject to the terms and conditions of this License, Aptana hereby grants to You a non-exclusive, worldwide, royalty-free copyright license to reproduce, prepare derivative works of, install, and execute the Program in source code and objectĬode form, in each case solely for Your Internal Use.ī) Subject to the terms and conditions of this License, Aptana hereby grants to You a worldwide, non-exclusive, royalty-free, patent license under Aptana's Licensed Patent Claims to make and use the Program in source code and object code form, For legal entities, You includes any entity which controls, is controlled by, or is under common control with You. "You" means an individual or a legal entity exercising rights under, and complying with all of the terms of, this License. In the source code or documentation will govern. In case of any doubt as to whether any code or documentation is part of the Program covered by this license, the notices placed by Aptana "Program" means the code and documentation owned by Aptana and distributed under this License by Aptana. "Internal Use" means use by You for Your personal or internal business purposes only, specifically excluding any use, distribution, or communication of the Program or any derivative work of the Program in any way such that the Program or anyĭerivative work of the Program may be used by anyone other than You, whether those works are distributed or communicated to those persons or otherwise made available for use over a network.
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