The following agreement is applicable to all versions of Stardog.
This license governs your use of the accompanying software, Stardog, (hereafter, “the product”); if you use the product, you accept this license. If you do not accept this license, do not use the product. In summary, this license allows you to use the product free of charge for the purpose of evaluating Stardog.
Stardog Union (“Stardog”) is willing to license the product to you only upon the condition that you accept all of the terms contained in this Evaluation License Agreement (“Agreement”). Please read the Agreement carefully. By using or installing the product, you accept all of the terms of this agreement.
If you are agreeing to this license on behalf of an entity other than an individual person, you represent that you are binding and have the right to bind the entity to the terms and conditions of this Agreement.
1. Subject of Agreement.
The product, as referred to in this Agreement, shall be the binary software package “stardog-@VERSION@.zip” (or “stardog-@VERSION@.tgz”). The product consists of software (in binary or source code form) and any documentation provided in the downloaded package.
2. Grant of License.
Stardog Union grants you a non-exclusive, non-transferable, limited license without fees to install, execute, and use internally the product for evaluation use. “Evaluation use” means testing the product for a period of not more than 60 days; after expiration of that term, you are no longer permitted to evaluate this product without further license grant from Stardog Union.
3. Restrictions and Reservation of Rights.
(a) Any use beyond the provisions of 2. Grants of License is prohibited. The product and copies of the product provided to you under this Agreement are copyrighted and licensed, not sold, to you by Stardog Union. Stardog Union reserves all copyrights and other intellectual property rights. This includes, but is not limited to, the right to modify, make available or public, rent out, lease, sell, lend or otherwise distribute the product. This does not apply as far as applicable law may require otherwise, or if Stardog Union grants you additional rights of use in a separate agreement in writing.
(b) You may NOT do any of the following:
(i) modify the product; (ii) sell, rent, lease, lend or encumber the product; (iii) remove or alter any proprietary legends or notices contained in the product; or (iv) decompile, or reverse engineer the product (unless enforcement of these restrictions is prohibited by applicable law).
© No right, title or interest in or to any trademark, service mark, logo or trade name of Stardog Union or its licensors is granted under this Agreement.
(d) In total you may evaluate Stardog for no more than sixty (60) days. If you need to arrange an evaluation term longer than sixty (60) days, please get in touch with us at email@example.com to arrange specific terms.
The Agreement is effective on the Date you download the product and remains effective until terminated. Your rights under this Agreement will terminate immediately without notice from Stardog Union if you materially breach it or take any action in derogation of Stardog Union’s or its licensors’ rights to the product. Stardog Union may terminate this Agreement should the product become, or in Stardog Union’s reasonable opinion likely to become, the subject of a claim of intellectual property infringement or trade secret misappropriation. Upon termination, you will cease use of, and destroy, the product and confirm compliance in writing to Stardog Union. Sections 3-7, inclusive, will survive termination of the Agreement.
5. Disclaimer of Warranty.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, Stardog Union PROVIDES THE PRODUCT “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The entire risk as to the quality and performance of the product is with you. Should it prove defective, you assume the cost of all necessary servicing, repair, or correction.
6. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL Stardog Union OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE PRODUCT, EVEN IF Stardog Union HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Stardog Union’s liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for the product under this Agreement. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to you.
7. U.S. Government Restricted Rights.
If the product is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government’s rights in the product and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions).
This Agreement is the entire agreement between you and Stardog Union relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. Course of dealing and other standard business conditions of the parties or the industry shall not apply. Any action related to this Agreement will be governed by the law of the State of Virginia and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.