SOFTWARE END USER LICENSE AGREEMENT (EULA)
OTM Jargon (free editions)
NOTICE TO USER:
This Software Agreement is a contract
between you and Avalletta, LLC. ("Avalletta"), which covers your use of the Avalletta Software product that
accompanies this Software Agreement and related software components, which may include associated media, printed
materials, and "online" or electronic documentation. All such software and materials are referred to herein as the
"Software." If you do not agree to the Terms (as defined here) of this Software Agreement, then do not install,
download, copy, login or otherwise use the Software. By explicitly accepting this Software Agreement, however, or by
installing, copying, downloading, accessing, or otherwise using the Software, you are acknowledging and agreeing to
be bound by the following terms.
BY ACCESSING, DOWNLOADING AND/OR USING ANY SOFTWARE PROVIDED TO YOU BY OR ON BEHALF OF AVALLETTA, YOU ACKNOWLEDGE
AND AGREE THAT YOU: (A) HAVE READ THIS EULA; (2) UNDERSTAND IT AND THE TERMS AND CONDITIONS SET FORTH HEREIN; (3)
ARE BOUND BY SUCH TERMS AND CONDITIONS OF THIS LIMITED END-USER LICENSE AGREEMENT; AND (4) MAY RECEIVE, WITHOUT
FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE SOFTWARE. IF YOU DO NOT AGREE TO ANY OF THE FOREGOING, YOU
UNDERSTAND AND AGREE THAT YOU DO NOT HAVE A LICENSE TO, AND YOU WILL NOT USE, ANY OF THE SOFTWARE.
AVALLETTA LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT
(THIS "AGREEMENT" or "EULA"). READ THE TERMS AND CONDITIONS ("TERMS") OF THIS AGREEMENT CAREFULLY BEFORE INSTALLING,
COPYING, OR USING THIS COMPUTER SOFTWARE AND THE ACCOMPANYING DOCUMENTATION (THE "SOFTWARE").
SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS EULA, NOT SOLD TO YOU. BY INSTALLING, COPYING OR
OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU ARE NOT WILLING TO BE BOUND BY
THE TERMS OF THIS EULA, DO NOT INSTALL, COPY, ACCESS, OR USE THE SOFTWARE.
THIS EULA IS A LEGAL
AGREEMENT CONCERNING THE SOFTWARE BETWEEN YOU, AS EITHER AN INDIVIDUAL OR A SINGLE BUSINESS ENTITY AND AVALLETTA.
THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING YOU MAY HAVE HAD WITH
AVALLETTA RELATING TO THE SOFTWARE.
Assent to Be Bound
By clicking the "I accept the
terms..." checkbox on the download page, by executing a written copy of this Agreement, or by installing, copying or
otherwise using this Software, you agree to be bound by the terms of this Agreement. If you do not agree with any
term or condition, do not download, order, open, install or use the Software or product package. Contact Avalletta
to arrange the return of the Software and accompanying materials to Avalletta at no charge to you.
(a) "Software" shall mean all published versions of Avalletta's OTM Jargon software, in
object form only, excluding any Open Source Software provided with such software, and the media and Documentation
provided by Avalletta to Licensee and for which Licensee is granted a use license pursuant to this Agreement.
(b) "Documentation" shall mean the printed or online written reference material furnished to Licensee
in conjunction with the Software, including, without limitation, instructions, testing guidelines, and end user
(c) "Intellectual Property Rights" shall mean all intellectual property rights, including,
without limitation, patent, copyright, trademark, design, layout, scripts and trade secrets.
Source Software" means various open source software components provided with the Software that are licensed to you
under the terms of the applicable license agreements included with such open source software components or other
materials for the Software.
(e) "Updates" shall mean a modification, error correction, bug fix, new
release, or other update to or for the Software.
2. YOUR RELATIONSHIP WITH AVALLETTA (a) Your use of
Avalletta's Software (referred to in this document and excluding any services provided to you by Avalletta under a
separate written agreement) is subject to the terms of a legal agreement between you and Avalletta. (b) Unless
otherwise agreed in writing with Avalletta, your agreement with Avalletta will always include, at a minimum, the
terms and conditions set out in this document. These are referred to below as the "Terms".
(a) In order to use the Software, you must first agree to the Terms. You may not use the
Software if you do not accept the Terms.
(b) You can accept the Terms by:
(i) clicking to
accept or agree to the Terms, where this option is made available to you by Avalletta in the user interface for the
Software; or (ii) by actually using the Software. In this case, you understand and agree that Avalletta will treat
your use of the Software as acceptance of the Terms from that point onwards.
(c) You may not use the
Software and may not accept the Terms if (1) you are not of legal age to form a binding contract with Avalletta, (2)
you are a person barred from using the Software under the laws of the United States or other countries including the
country in which you are resident or from which you use the Software.
4. LICENSE GRANT, USE AND
(a) Limited License. Subject to the Terms, Avalletta grants to Licensee a non-exclusive,
non-transferable license (without the right to sublicense) (i) to use the Software in accordance with the
Documentation solely for purposes of testing and evaluation, and (ii) to use the Documentation provided with the
Software in support of Licensee’s authorized use of the Software.
(b) Evaluation Feedback.
ANY SOFTWARE LICENSED HEREUNDER WHICH INCLUDES THE TERM "BETA" IS BELIEVED
TO CONTAIN DEFECTS AND A PRIMARY PURPOSE OF GRANTING ACCESS TO BETA SOFTWARE THROUGH THIS LICENSE IS TO OBTAIN
FEEDBACK ON SOFTWARE PERFORMANCE AND THE IDENTIFICATION OF DEFECTS. LICENSEE IS ADVISED TO SAFEGUARD IMPORTANT DATA,
TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SOFTWARE AND/OR
ACCOMPANYING MATERIALS WHEN THE TERM "BETA" IS PRESENT IN THE TITLE OR VISIBLE IN THE SOFTWARE. If You are licensing
the Software for evaluation purposes, Your use of the Software is only permitted in a non-production environment and
for the period limited by the License Key. Notwithstanding any other provision in this EULA, an Evaluation License
of the Software is provided “AS-IS” without indemnification, support or warranty of any kind, expressed or implied.
The purpose of such a limited license is the testing and evaluation of the Software and Documentation. In
furtherance of this purpose, Licensee shall provide feedback to Avalletta concerning the functionality and
performance of the Software from time to time as reasonably requested by Avalletta, including, without limitation,
identifying potential errors and improvements. Such feedback will be in a manner convenient to Licensee and will be
subject to reasonable availability of Licensee’s personnel. Feedback and other information which is provided
by Licensee to Avalletta in connection with the Software or this Agreement may be used by Avalletta to improve or
enhance its products and, accordingly, Avalletta shall have a non-exclusive, perpetual, irrevocable, royalty-free,
worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such
feedback and information without restriction, warning or announcement.
(c) Restrictions. Licensee shall
not copy or use the Software (including the Documentation) except as expressly permitted in this Agreement. The
Software is free to the Licensee for use during the term of the BETA Agreement or during a Trial period as outlined
in Section 5, herein. Avalletta reserves the right to charge a fee for the Software at its sole discretion. Licensee
will not, and will not permit any third party to, sublicense, rent, copy, modify, create derivative works of,
translate, reverse engineer, decompile, disassemble, or otherwise reduce to human perceivable form any portion of
the Software or accompanying Documentation. In no event shall Licensee use the Software for Licensee’s product
development or any other commercial purpose. The Software and all performance data and test results, including
without limitation, benchmark test results, user activity, usage patterns, and clicks (collectively "Performance
Data"), relating to the Software are the Confidential Information of Avalletta, and will be treated in accordance
with the terms of Section 4 of this Agreement. Accordingly, Licensee shall not publish or disclose to any third
party any Performance Data relating to the Software.
(d) Ownership. Avalletta shall own and retain all
right, title and interest in and to the Intellectual Property Rights in the Software and any derivative works
thereof, subject only to the limited license expressly set forth in Section 3(a) hereof. Licensee does not acquire
any other rights, express or implied, in the Software. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO
(e) No Support Services. Avalletta is under no obligation to support the Software in any way
or to provide any Updates to Licensee. In the event Avalletta, in its sole discretion, supplies any Update to
Licensee, such Update shall be deemed Software hereunder and shall be subject to the terms and conditions of this
(f) Open Source Software. The terms and conditions of this Agreement shall not apply to any
Open Source Software accompanying the Software. Any such Open Source Software is provided under the terms of the
open source license agreement or copyright notice accompanying such Open Source Software or in the open source
licenses file accompanying the Software.
5. PROVISION OF SERVICES BY AVALLETTA
Avalletta uses an iterative design and development process to ensure that its software meets the needs of its users.
You acknowledge and agree that the form and nature of the Software which Avalletta provides may change from time to
time without prior notice to you.
(b) As part of this continuing innovation, you acknowledge and agree
that Avalletta may stop (permanently or temporarily) providing the Software (or any features within the Software) to
you or to users generally at Avalletta's sole discretion, without prior notice to you. You may stop using the
Software at any time. (c) You acknowledge and agree that if Avalletta disables access to your account, you may be
prevented from accessing the Software, your account details or any files or other content which is contained in your
6. TERM AND TERMINATION
Licensee’s rights with respect to the Software will
terminate upon the earlier of (a) the initial commercial release by Avalletta of a generally available version of
the Software or (b) automatic expiration of the Software based on the system date. Either party may terminate this
Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon
any expiration or termination of this Agreement, the rights and licenses granted to Licensee under this Agreement
shall immediately terminate, and Licensee shall immediately cease using, and will return to Avalletta (or, at
Avalletta's request, destroy), the Software, Documentation, and all other tangible items in Licensee’s
possession or control that are proprietary to or contain Confidential Information. The rights and obligations of the
parties set forth in Sections 4(b) 4(c), 4(d), 4(e), 4(f), 5, 6, 7, 8 and 9 shall survive termination or expiration
of this Agreement for any reason.
shall mean all trade secrets, know-how, inventions, techniques, processes, algorithms, software programs, hardware,
schematics, and software source documents relating to the Software, and other information provided by Avalletta,
whether disclosed orally, in writing, or by examination or inspection, other than information which Licensee can
demonstrate (i) was already known to Licensee, other than under an obligation of confidentiality, at the time of
disclosure; (ii) was generally available in the public domain at the time of disclosure to Licensee; (iii) became
generally available in the public domain after disclosure other than through any act or omission of Licensee; (iv)
was subsequently lawfully disclosed to Licensee by a third party without any obligation of confidentiality; or (v)
was independently developed by Licensee without use of or reference to any information or materials disclosed by
Avalletta or its suppliers. Confidential Information shall include without limitation the Software, Documentation,
Performance Data, and any Updates. Licensee shall not use any Confidential Information for any purpose other than as
expressly authorized under this Agreement. In no event shall Licensee use the Software or any Confidential
Information to develop, manufacture, market, sell, or distribute any product or service. Licensee shall limit
dissemination of Confidential Information to its employees who have a need to know such Confidential Information for
purposes expressly authorized under this Agreement. In no event shall Licensee disclose any Confidential Information
to any third party. Without limiting the foregoing, Licensee shall use at least the same degree of care that it uses
to prevent the disclosure of its own confidential information of like importance, but in no event less than
reasonable care, to prevent the disclosure of Confidential Information.
8. LIMITATION OF LIABILITY
Provision of any Software under this Agreement is experimental and shall not create any obligation for
Avalletta to continue to develop, productize, support, repair, offer for sale or in any other way continue to
provide or develop the Software either to Licensee or to any other party.
IT IS UNDERSTOOD THAT THE
SOFTWARE WHEN MARKED WITH THE TERM "BETA" IS PROVIDED WITHOUT CHARGE FOR LIMITED EVALUATION PURPOSES. TO THE MAXIMUM
EXTENT MANDATED BY LAW, IN NO EVENT WILL AVALLETTA AND ITS LICENSORS BE LIABLE FOR ANY LOST PROFITS OR BUSINESS
OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT,
NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRECEDING LIMITATION MAY NOT APPLY TO YOU. AVALLETTA’S AND
ITS LICENSORS’ LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, REGARDLESS OF WHETHER THE CLAIM IS BASED IN
CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EXCEED THE GREATER OF THE LICENSE FEES YOU PAID FOR THE SOFTWARE
GIVING RISE TO THE CLAIM OR $1. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER AVALLETTA OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS
9. WARRANTY DISCLAIMER
IT IS UNDERSTOOD THAT THE SOFTWARE,
DOCUMENTATION, AND ANY UPDATES MAY CONTAIN ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVALLETTA AND
ITS SUPPLIERS MAKE NO EXPRESS WARRANTIES UNDER THIS EULA, AND DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW,
COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE. AVALLETTA AND ITS LICENSORS DO NOT WARRANT THAT THE SOFTWARE
WILL OPERATE UNINTERRUPTED OR THAT IT WILL BE FREE FROM DEFECTS OR THAT IT WILL MEET YOUR REQUIREMENTS. THE
SOFTWARE, THE DOCUMENTATION, AND ANY UPDATES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS,
IMPLIED, STATUTORY, OR OTHERWISE. AVALLETTA AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. Licensee acknowledges that Avalletta has not
publicly announced the availability of the Software when marked as "BETA," that Avalletta has not promised or
guaranteed to Licensee that such Software will be announced or made available to anyone in the future, that
Avalletta has no express or implied obligation to Licensee to announce or introduce a production or commercial
version of the Software when marked as "BETA," and that Avalletta may not introduce a product similar or compatible
with the Software or features marked as "BETA." Accordingly, Licensee acknowledges that any research or development
that it performs regarding the Software or any product associated with the Software is done entirely at
Recipient’s own risk. Specifically, the Software may contain features, functionality or modules that will not
be included in a production version of the Software, if released, or that will be marketed separately for additional
10. DATA COLLECTION AND STORAGE
Avalletta has the right to store and evaluate all
Performance and Usage Data in connection with the use of the Software.
11. GENERATED CONTENT DISCLAIMER
The content and generated content of the Software, such as narration, text, graphics, images,
animations, files and other material contained in or generated by the Software ("Content") are for informational
purposes only. Avalletta does not recommend using any Content for production data processing or commercial or
production purposes without first testing in an equivalent non-production environment. Avalletta does not recommend
or endorse any specific products, services, processes, or other information that may be mentioned in the Software.
12. OTHER CONTENT
(a) The Software may include hyperlinks to other web sites or content or
resources. Avalletta may have no control over any web sites or resources which are provided by companies or persons
other than Avalletta.
(b) You acknowledge and agree that Avalletta is not responsible for the
availability of any such external sites or resources, and does not endorse any advertising, products or other
materials on or available from such web sites or resources.
(c) You acknowledge and agree that
Avalletta is not liable for any loss or damage which may be incurred by you as a result of the availability of those
external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence
of any advertising, products or other materials on, or available from, such web sites or resources.
(a) Governing Law. This Agreement, and all disputes arising out of or related thereto,
shall be governed by and construed under the laws of the Commonwealth of Kentucky without reference to conflict of
laws principles. All such disputes shall be subject to the exclusive jurisdiction of the state and federal courts
located in Kentucky, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these
(b) Assignment. Licensee shall not assign this Agreement or any rights or obligations
hereunder, directly or indirectly, by operation of law, merger, acquisition of stock or assets, or otherwise,
without the prior written consent of Avalletta. Subject to the foregoing, this Agreement shall inure to the benefit
of and be binding upon the parties and their respective successors and permitted assigns.
Regulations. Licensee understands that Avalletta is subject to regulation by the U.S. government and its agencies,
which prohibit export or diversion of certain technical products and information to certain countries and
individuals. Licensee warrants that it will comply in all respects with all export and re-export restrictions
applicable to the technology and documentation provided hereunder.
(d) Modification. This is the entire
agreement between the parties relating to the subject matter hereof and all other terms are rejected. No waiver or
modification of this Agreement shall be valid unless published here by Avalletta or provided to us in writing and
signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any term
or other breach hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be
contrary to law the remaining provisions of this Agreement shall remain in full force and effect.
You agree that this agreement is the complete agreement for the programs and licenses,
and this agreement supersedes all prior or contemporaneous agreements or representations. If any term of this
agreement is found to be invalid or unenforceable, the remaining provisions will remain effective. Avalletta
reserves the right, at any time and from time to time, in its sole and absolute discretion, with or without notice
to you, to change the terms of this EULA. The most current version of this EULA will supersede all previous
versions. Your use of any software after changes are made to the EULA means that you agree to be bound by such
changes. As such, you should review this EULA regularly.
14. CONTACT INFORMATION If you have any
questions about this Software Agreement, or if you want to contact Avalletta for any reason, please direct all
correspondence to: Avalletta, LLC., 2333 Alexandria Dr, Lexington KY 40504, United States of America or email
OTM Jargon, Column Jargon, The OTM Advantage, and Avalletta are trademarks of Avalletta,
LLC. All other trademarks and trade names are the property of their respective holders. Last Updated: April
4, 2019Previously Updated: December 11, 2016
The Software may contain derived code or original code from the following sources: Renci, Sven Groot, FocusedWolf,
and Microsoft. These specific lines of code or sub-modules in the Software may be protected under additional
copyright, trademark, patent or other laws and may also covered by additional licensing terms. None of these sources
are associated with Avalletta in any way nor have any endorsed the Software. These components
may not still be used in the current release, but please consider the following as credit or reference or nod of
appreciation or inclusion-of-notice to the sources below, in no particular order:
Copyright 2004-2015 The Apache Software Foundation. This product includes software developed at The Apache Software
Foundation (http://www.apache.org/). Full details are available in the Licensing directory and NOTICE files.
Sven Groot: http://www.ookii.org/software/dialogs
License agreement for Ookii.Dialogs.
Copyright © Sven Groot (Ookii.org) 2009
All rights reserved.
Redistribution and use in source and binary forms, with or without
modification, are permitted provided that the following conditions are met:
1) Redistributions of source code must retain the above copyright notice,
this list of conditions and the following disclaimer.
2) Redistributions in binary form must reproduce the above copyright notice,
this list of conditions and the following disclaimer in the documentation
and/or other materials provided with the distribution.
3) Neither the name of the ORGANIZATION nor the names of its contributors
may be used to endorse or promote products derived from this software
without specific prior written permission.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS"
AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR
CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF
SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS
INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN
CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE)
ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
(c) 2010, RENCI
and use in source and binary forms, with or without modification, are permitted provided that the following
conditions are met:
Redistributions of source code must retain the above copyright notice, this list of conditions and the following
Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the
following disclaimer in the documentation and/or other materials provided with the distribution.
Neither the name of RENCI nor the names of its contributors may be used to endorse or promote products derived
from this software without specific prior written permission.
SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE
DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR
SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY,
WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE
USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
CodeProject Articles: http://www.codeproject.com
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