Komodo IDE (Mac OS X/Intel) 7.1.3

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 ActiveState's 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
license@activestate.com.

This ActiveState License ("License") is made between ActiveState ("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 ActiveState's intent to retain full ownership of and
control of the use and distribution of ActiveState Komodo, 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.

a. 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.

b. 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.

c. 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.

d. Application Service Provision. Any use of the Software in conjunction with
ActiveState web services and any updates to such services which may be
provided by ActiveState from time to time (the "Service"). ActiveState hereby
grants to Licensee only the non-exclusive right and license to access, use,
and transmit Licensee data with the Service. Licensee shall access the Service
only with procedures communicated by ActiveState and use the Service only for
Licensee's internal business operations including affiliated entities that
control, or are controlled by, Licensee, and Licensee shall not permit the
Service to be used by or for the benefit of third parties. Licensee shall not
have the right to sublicense or sell rights to access or use the Service or to
transfer or assign rights to access or use the Service, except as expressly
provided herein. All rights not expressly granted to Licensee herein are
expressly reserved by ActiveState.

e. 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 ActiveState's sole discretion, on a case-by-case
basis. Contact Sales@ActiveState.com to discuss any redistribution options
not covered by this license agreement. ActiveState reserves all rights not
expressly granted to you herein.

f. Student License. Student Edition Software means full versions of
ActiveState Software, offered with special pricing and license terms, and only
available to Qualified Student Users.

1. Student Edition Special License Terms. Student Edition Software is not
transferable. Student software is not version upgradeable. Commercial use is
permitted only if the User is: a Qualified Student User at the time of
purchasing the Software, a Qualified Student User at the time of development
of Works and a Qualified Student User at the time of sublicensing of the
Works.

2. Please refer to the ActiveState student license requirements or contact
ActiveState for further information on what is a "Qualified Student User,"
and about other licensing options that may be available.

3. 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, any accompanying documentation and
License Keys and to discontinue their use and you will not retain or store the
Software or any copies thereof, in any form or medium.

4. 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 ActiveState's copyright, trademarks and other proprietary notices
from the Software.

5. 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.

6. 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.

7. 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. FURTHER, LICENSEE ACKNOWLEDGES
AND AGREES THAT THE INTERNET IS NOT ESTABLISHED OR MAINTAINED BY ACTIVESTATE,
THAT ACTIVESTATE HAS NO CONTROL OVER THE INTERNET, AND THAT ACTIVESTATE IS NOT
LIABLE FOR THE DISCONTINUANCE OF OPERATION OF ANY PORTION OF THE INTERNET OR
POSSIBLE REGULATION OF THE INTERNET WHICH MIGHT RESTRICT OR PROHIBIT THE
OPERATION OF THE SERVICE.

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

9. 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 OR SERVICE. IN NO EVENT 10. 11. 12. 13. 14.
15. WILL ACTIVESTATE'S 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
ACTIVESTATE'S REASONABLE CONTROL.

10. 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.

11. Application Server Operations.
During the term hereof and subject to the terms and conditions hereof,
ActiveState shall undertake commercially reasonable efforts to provide Licensee
with consistent Service (i) insulated from changes in the Internet, and (ii)
sufficient for access twenty-four (24) hours per day, seven (7) days per week
("24 x 7"), except for routine maintenance. However, ActiveState, does not
promise, guarantee, or warrant a 24 x 7 Service but ActiveState shall undertake
commercially reasonable efforts during its normal business hours to restore
promptly all failures of service at no additional charge to Licensee. Licensee
shall be solely responsible at its expense, for: (i) internal network, hardware,
software, and supported browsers sufficient to access the Service, and (ii)
broadband Internet connections. A Licensee that requires a guaranteed 24 x7
Service should contact ActiveState Sales@ActiveState.com to discuss upgrading
the License.

12. Ownership.
Title to the Proprietary Rights embodied in the software that generates the
Service and other software installed on ActiveState's Application Server or
operating as part of ActiveState's web site shall remain in and be the sole and
exclusive property of ActiveState and its licensors. Licensee shall not alter,
change or remove any proprietary notices or confidentiality legends placed on or
contained within ActiveState's Application Server operating as part of
ActiveState's web site, the Service, or any other software installed on
ActiveState's Application Server.

13. Confidentiality of Software Installed on ActiveState's Application Server.
Licensee acknowledges ActiveState's claim that the software installed on
ActiveState's Application Server embodies logic, design, and coding methodology
which constitute valuable confidential information that is proprietary to
ActiveState and its licensors. Licensee shall safeguard the right to access the
Service using the same standard of care which Licensee uses for its similar
confidential materials, but in no event less than reasonable care.

14. Confidentiality of Licensee Data.
All Licensee Data and/or information disclosed to ActiveState in connection with
the performance of this Agreement ("Licensee Confidential Information") shall be
held as confidential by ActiveState and shall not, without the prior written
consent of Licensee, be disclosed or be used for any purposes other than the
performance of this Agreement. ActiveState shall safeguard the confidentiality
of such Licensee Confidential Information using the same standard of care which
ActiveState uses for its similar confidential materials, but in no event less
than reasonable care. Notwithstanding the forgoing, the term "Licensee
Confidential Information" shall not be deemed to include information which: (i)
is now, or hereafter becomes, through no act or failure to act on the part of
ActiveState, generally known or available; (ii) is known by ActiveState at the
time of receiving such information as evidenced by its written records; (iii) is
hereafter furnished to ActiveState by a third party, as a matter of right and
without restriction on disclosure; (iv) is independently developed by
ActiveState as evidenced by its written and dated records and without any breach
of this Agreement; or (v) is the subject of a written permission to disclose
provided by Licensee. Further notwithstanding the forgoing, disclosure of
Licensee Confidential Information shall not be precluded if such disclosure: (i)
is in response to a valid order of a court or other governmental body of Canada
or the United States; (ii) is otherwise required by law; or (iii) is otherwise
necessary to establish rights or enforce obligations under this Agreement, but
only to the extent that any such disclosure is necessary.

15. Entire Agreement.
This License and the Usage License Agreement constitutes the entire agreement
between you and ActiveState regarding the Software and all accompanying
documentation. 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. 16.

16. 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.