ObMimic Community/Professional Edition Licence Agreement
IMPORTANT : PLEASE READ CAREFULLY BEFORE PROCEEDING.
THIS OBMIMIC “COMMUNITY/PROFESSIONAL EDITION” LICENCE AGREEMENT (HEREIN REFERRED TO AS THE “LICENCE AGREEMENT”), IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AS AN INDIVIDUAL OR AS A SINGLE LEGAL ENTITY FOR WHOM YOU ARE AN AUTHORIZED REPRESENTATIVE (HEREIN REFERRED TO AS “YOU” OR “YOUR”) AND OPENBRACE LIMITED. BY DOWNLOADING AND/OR USING THE SOFTWARE (DEFINED BELOW), YOU HEREBY AGREE TO BE BOUND BY THE TERMS IN THIS LICENCE AGREEMENT.
IF YOU DOWNLOAD AND/OR USE THE SOFTWARE FOR AND ON BEHALF OF ANY OTHER PERSON(S) OR COMPANY, YOU WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH PERSON(S) OR COMPANY TO THIS LICENCE AGREEMENT.
IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENCE AGREEMENT OR IF YOU ARE NOT AUTHORISED TO ENTER INTO LEGALLY BINDING CONTRACTS, YOU MUST NOT DOWNLOAD OR USE THE SOFTWARE AND YOU MUST PROMPTLY DESTROY OR PROCURE THE DESTRUCTION OF ANY COPIES THEREOF THAT YOU MAY HAVE ALREADY OBTAINED.
“Software” means the object code form of the ObMimic “Community/Professional Edition” software including its constituent files, its documentation, any other files included in the downloaded ObMimic zip archive, and any subsequent corrections or updates to any of these items provided to you at the discretion of OpenBrace Limited.
“Licence-Key File” means a file created and digitally signed by OpenBrace Limited for use by the Software in determining which features of the Software You are entitled to use.
“Valid Licence-Key File” means a Licence-Key File that You have purchased from OpenBrace Limited or that has otherwise been supplied to You by OpenBrace Limited at its discretion, and that is valid for the version of ObMimic that You are using (as more particularly described in clause 3 herein).
“Valid Professional Edition Licence-Key File” means a Valid Licence-Key File for enabling the “Professional Edition” features of the “Community/Professional Edition” of ObMimic.
“Valid Enterprise Edition Licence-Key File” means a Valid Licence-Key File for the “Enterprise Edition” of ObMimic.
“Major Version Number” means the first component of the version number of a release of the Software, this being the number that precedes the first decimal-point within the version number.
2 Licence Grant
In consideration for and subject to Your compliance with the terms of this Licence Agreement, OpenBrace Limited hereby grants You a perpetual (terminable only in accordance with clause 11 herein), non-exclusive, non-transferable licence to use the Software together with any Licence-Key Files that You have purchased from OpenBrace Limited or that have otherwise been supplied to you by OpenBrace Limited, and to make exact copies of the Software and such Licence-Key Files to the extent necessary for Your own internal use of the Software and for Your own back-up and archival purposes.
Notwithstanding the foregoing, You acknowledge and agree that certain features of the Software are restricted to its “Professional Edition”, and are only available when the Software is configured to use an appropriate Valid Licence-Key File as described in clause 3 below.
3 Licence-Key Files
The Software operates as the “Professional Edition” of ObMimic if it is configured to use a Valid Professional Edition Licence-Key File or a Valid Enterprise Edition Licence-Key File, but otherwise operates as the “Community Edition” of ObMimic, under which a number of features of the Software are not available. You may thus use the Software as the “Community Edition” of ObMimic without purchasing or otherwise obtaining any Licence-Key File, but where you wish to use the features of the Software that are limited to the “Professional Edition” of ObMimic You shall be required to purchase or otherwise obtain from OpenBrace Limited one or more Licence-Key Files. For further details and to purchase Licence-Key Files, refer to the Software’s documentation and the OpenBrace website at http://www.openbrace.com.
You may use any Licence-Key Files that You have purchased from OpenBrace Limited or that have otherwise been supplied to You by OpenBrace Limited as follows:
- If You have one or more Valid Professional Edition Licence-Key Files, You may use each such Licence-Key File to enable the “Professional Edition” facilities for a single individual user (on any number of computers).
- If You have one or more Valid Enterprise Edition Licence-Key Files, You may use each such Licence-Key File to enable the “Professional Edition” facilities for up to 100 individual users (on any number of computers).
- OpenBrace Limited may from time to time at Your request and at its sole discretion provide You with Licence-Key Files for evaluation purposes or for the purposes of “beta-testing” of “beta” releases of the Software. If You have one or more such Licence-Key Files, You may use each such Licence-Key File to enable the “Professional Edition” facilities for a single individual user as if it were a Valid Professional Edition Licence-Key File but subject to any expiry-date or other restrictions that are specified within the file.
You shall use and safeguard all Licence-Key Files in accordance with the provisions of this Licence Agreement and shall procure that the number of individual users that can use the “Professional Edition” features on Your behalf does not exceed the number of users for which you have legally obtained Valid Licence-Key Files, as defined above.
- Each Licence-Key File includes a digital signature that is used by the Software to verify that the file is a genuine ObMimic Licence-Key File created by OpenBrace Limited and with its original contents intact and unaltered; and for the avoidance of doubt, such Licence-Key Files are only valid if this digital signature corresponds with and is correct for the content of the file.
- The Software includes mechanisms to check whether any Licence-Key File that it is configured to use is valid for the version of the Software being used. Each Licence-Key File is valid in perpetuity for all versions of the Software whose Major Version Number is less than or equal to that for which the Licence-Key File was purchased or supplied, and also for any later versions of the Software whose official release date is no more than one year after the date on which the Licence-Key File was purchased or supplied; except that Licence-Key Files that are supplied for evaluation or beta-testing purposes may differ from this in having an explicit expiry-date after which they are no longer valid, and Licence-Key files that are supplied for beta-testing purposes are only valid for “beta” releases of the Software.
- The mechanisms within the Software that check the validity of Licence-Key Files do not transmit any information to OpenBrace Limited or to any third-party, and do not require an Internet connection.
The Software and Licence-Key Files contain materials that are protected by United Kingdom Copyright Law and by applicable international treaty provisions. All of the Software and Licence-Key Files including any copies thereof must at all times carry the proprietary notice or product identification of OpenBrace Limited. You must not vary, modify, delete or obscure any proprietary notice of OpenBrace Limited or any product identification or restrictions from the Software or Licence-Key Files or from any copies thereof.
OpenBrace Limited is the owner of the Software and shall, unless otherwise expressly set out in this Licence Agreement, retain ownership of the Software and any subsequent copies and releases thereof regardless of the form in which any such copies and releases may exist. Your rights in the Software and any copies and releases thereof shall be to the extent of and subject to the terms of this Licence Agreement.
You may not sell, publish, display, disclose, rent, lease, modify, adapt, translate, sublicense, assign, loan, distribute or redistribute the Software or any part thereof or any Licence-Key Files or any modified or derivative works based on the Software.
You may not reverse engineer, decompile, or disassemble the Software, nor may You otherwise attempt to create the source code from the object code of the Software, except to the extent that this is solely for the purpose of aiding in the debugging of Your own code during the normal use of the Software and any resulting source code is not used for any other purpose and is not retained any longer than is strictly necessary for that purpose, or to the extent that such restriction is expressly prohibited by applicable law.
You agree and acknowledge that You must not remove, disable, override, bypass, or otherwise attempt to subvert the Software’s built-in mechanisms for validating and evaluating Licence-Key Files and for correspondingly restricting the use of the Software’s “Professional Edition” features.
You agree and acknowledge that the content of Licence-Key Files is deemed confidential (“Confidential Information”). You must not disclose, provide access to and/or make available such Confidential Information to any third parties.
You shall procure that any employees or other persons who use the Software on Your behalf agree to and comply with the terms set out in this Licence Agreement.
All rights not expressly granted herein are reserved by OpenBrace Limited.
7 Disclaimer and Limitation of Liability
You acknowledge that the Software is primarily designed to be used in the software development process and is not intended for use in “live” production systems or in safety-critical situations, and any use of the Software in live production systems or in safety-critical situations is strongly discouraged by OpenBrace Limited and shall be entirely at Your own risk. You also acknowledge that the use of the Software to test other code does not of itself provide any guarantee that that code will operate correctly in any other particular environment or when using any other software and/or hardware, and You remain solely responsible and liable for carrying out any other testing that You may require.
NOTWITHSTANDING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, THE SOFTWARE AND ANY LICENCE-KEY FILES ARE SUPPLIED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF USE OF THE SOFTWARE REMAINS WITH YOU.
NOTHING IN THIS LICENCE AGREEMENT SHALL BE DEEMED TO EXCLUDE, RESTRICT OR LIMIT LIABILITY OF EITHER PARTY (OR THEIR RESPECTIVE AGENTS OR SUB-CONTRACTORS) FOR DEATH OR PERSONAL INJURY RESULTING FROM THEIR NEGLIGENCE OR ANY LIABILITY FOR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE FOREGOING, OPENBRACE LIMITED SHALL IN NO EVENT BE LIABLE OR RESPONSIBLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING FROM YOUR USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR BUSINESS BENEFIT, LOSS IN RESPECT OF THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS BY YOU EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSS OF MANAGEMENT TIME, LOSS OF REPUTATION AND GOODWILL AND ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF, INTEGRATION AND COMBINATION OF THE SOFTWARE WITH OTHER THIRD PARTY SOFTWARE AND/OR HARDWARE.
SUBJECT TO THE FOREGOING, YOUR SOLE REMEDY WITH RESPECT TO ANY CLAIMS ARISING OUT OF THIS LICENCE AGREEMENT SHALL BE LIMITED IN THE AGGREGATE TO THE SUM PAID BY YOU TO OPENBRACE LIMITED FOR LICENCE-KEY FILES DURING THE PRECEDING 12 MONTHS FROM THE DATE OF THE CLAIM.
This Licence Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the courts of England for any disputes arising out of or relating to this Licence Agreement.
9 Entire Agreement
This Licence Agreement constitutes the entire agreement between the parties regarding the Software, and supersedes and replaces all agreements, arrangements and understandings relating to the subject matter hereof, whether reduced to writing or not, that may have preceded this Licence Agreement.
If for any reason any part of this Licence Agreement is determined to be invalid or unenforceable pursuant to the applicable law, such part will be enforced to the maximum extent permissible so as to effect its intent, and the remaining terms and conditions will continue in full force and effect.
You may terminate this Licence Agreement at any time. If You do so, Your licence to use the Software is terminated forthwith and You must forthwith cease all use of and destroy and procure the destruction of the Software and its constituent files and all copies thereof.
Notwithstanding the foregoing, all rights granted to You under this Licence Agreement shall forthwith upon notification by OpenBrace Limited terminate upon any breach by You of the terms of this Licence Agreement.
Any failure by OpenBrace Limited to enforce its copyright in the Software or any other rights set out herein shall not be construed as amending this Licence Agreement or waiving any of the rights of OpenBrace Limited herein or under any provision of any law.
Should you have any questions concerning this Licence Agreement, you can contact OpenBrace via the discussion forum at https://www.openbrace.com/forums/obmimic/licensing.html, or by e‑mail at firstname.lastname@example.org. (For further contact details, refer to the OpenBrace website’s Contact Us page).