JBlend™ [micro]
JBlend [micro]JBlend [micro] Plug-in Download
Please read and agree to the end user license agreement below. Then go to the simple order form from the link at bottom of this page.
END USER LICENSE AGREEMENT
Eclipse Plugin
APLIX CORPORATION ("APLIX") IS WILLING TO LICENSE THE ACCOMPANYING SOFTWARE AND DOCUMENTATION, IF ANY ("SOFTWARE") FREE OF CHARGE TO YOU (EITHER AN INDIVIDUAL PERSON OR A SINGLE LEGAL ENTITY, WHO WILL BE REFERRED TO IN THIS EULA AS "YOU") ONLY IF YOU OBTAINED THIS SOFTWARE FROM APLIX,AND UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA").THE TERM "SOFTWARE" INCLUDES ANY UPGRADES, PATCHES, ERROR CORRECTIONS, SUPPLEMENTS OR ADD-ON COMPONENTS THAT APLIX MAY LATER PROVIDE TO YOU TO THE EXTENT SUCH ITEMS ARE NOT ACCOMPANIED BY A SEPARATE LICENSE AGREEMENT.PLEASE READ THE TERMS AND CONDITIONS OF THIS EULA CAREFULLY BEFORE ACCESSING, INSTALLING OR USING THE SOFTWARE.BY ACCESSING, INSTALLING OR USING THE SOFTWARE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS EULA.IF YOU ARE NOT WILLING TO BE BOUND BY THIS EULA, YOU MAY NOT ACCESS, INSTALL OR USE THE SOFTWARE.
The Software is protected by intellectual property laws and treaties and is licensed, not sold.In the event of any conflict or inconsistency between the terms of this EULA and the terms of any other license agreement from Aplix, the terms of this EULA shall control.
1. License Rights.
1.1 Subject to Your compliance with this EULA, You are granted a non-sublicensable and non-exclusive license to install and use the Software on a single personal computer for your internal evaluation and researchuse only.
1.2 You shall not copy, distribute or share use of the Software with others or sublicense, rent, lease, or commercially host the Software.
1.3 All rights not expressly granted in this Section 1.0 are reserved to Aplix.Aplix and its licensors retain all right, title and interest in the Software and associated intellectual property rights.The structure, sequence, organization and code of the Software are the valuable trade secrets and copyrighted confidential information of Aplix and its licensors.
2. Restrictions.
2.1 The Software is licensed as a single product.The Software's component parts shall not be separated for use.
2.2 You shall not reverse engineer, modify, decompile, disassemble or otherwise attempt to derive the source code or other information from the Software, except and only to the extent that:(a) such activity is expressly permitted by directly applicable law notwithstanding this limitation; and (b) it is essential to engage in such activity in order to obtain information needed to achieve interoperability of independently created software with the Software; and (c) Aplix has not made such information available to you (for a fee or otherwise) under reasonable terms and conditions.Any information supplied to or obtained by you under this Section 2.2 may only be used by you for the purpose described in this Section 2.2, and shall not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.
2.3 You agree to provide any feedback, comments, suggestions, or improvements that You may have, if any, to Aplix. You agree that Aplix may use any technical information you provide hereunder for Aplix's business purpose, including for product support and development, without any obligation or payment to You.
2.4 This EULA does not grant you any rights in connection with any trademarks or servicemarks of Aplix.
2.5 Without prejudice to any other Aplix rights or remedies, this EULA shall automatically terminate if you fail to comply with the terms and conditions of this EULA.In such event, you immediately must destroy all copies and cease all use of the Software.
3. Disclaimers.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APLIX AND ITS SUPPLIERS PROVIDE THE SOFTWARE TO YOU AS IS AND WITH ALL FAULTS, AND APLIX AND ITS SUPPLIERS DISCLAIM WITH RESPECT TO THE SOFTWARE ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, WARRANTIES OR CONDITIONS RELATED TO:TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS, LACK OF DEFECTS, NEGLIGENCE OR WORKMANLIKE EFFORT, OR CORRESPONDENCE TO DESCRIPTION.THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. APLIX SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES CAUSED IN WHOLE OR IN PART BY SOFTWARE OR HARDWARE PROVIDED BY PARTIES OTHER THAN APLIX.
4. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL APLIX BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF APLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) IN NO EVENT SHALL APLIX'S LIABILITY TO YOU, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE LICENSE FEE PAID BY YOU FOR THE SOFTWARE, IF ANY; AND (C) THE FOREGOING LIMITATIONS IN THIS SECTION 4.0 SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
5. Export Regulations.
Software, including technical data, may be subject to Japanese export control laws and regulations, and may be subject to export or import regulations in other countries.You agree to comply strictly with all such laws and regulations.
6. Governing Law.
This EULA and all related disputes shall be governed by and construed under the laws of Japan.The choice of law rules of any jurisdiction shall not apply.Any disputes between the parties arising out of or related to this EULA or the Software shall be finally settled by arbitration in Tokyo, Japan in accordance with the Commercial Arbitration Rules of The Japan Commercial Arbitration Association.The award rendered by the arbitrator(s) shall be final and binding upon the parties hereto.
7. Severability.
If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, such provisions shall not affect the validity of the balance of the EULA, and such provisions are herewith waived or reformed to the extent necessary for the EULA to be otherwise enforceable in such jurisdiction.
8. Integration.
This EULA is the entire agreement between you and Aplix relating to the Software and supersedes all prior or contemporaneous oral or written agreements, communications, proposals and representations with respect to its subject matter.No modification to the EULA will be binding, unless in writing and signed by a duly authorized representative of Aplix.
