Client License Agreement

LICENSE AGREEMENT FOR SOURCEOFFSITE VERSION 5.x

IMPORTANT READ CAREFULLY


This License Agreement (Agreement) is a legal agreement between you (either an individual or a single entity) and SourceGear LLC for the software product identified above which includes computer software and online or electronic documentation and may include associated media and printed materials (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE PRODUCT.


SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

This Agreement grants you certain limited, non-exclusive rights. SourceGear LLC reserves all rights not expressly granted to you.


1a. MULTIPLE COMPONENTS OF THE SOFTWARE PRODUCT. The SOFTWARE PRODUCT consists of two primary components, the server software (SERVER), and one or more implementations of client software (CLIENTS).


1b. You may install the SERVER on multiple computers within your single organization.


1c. Each SourceOffSite user must have a user-license. The total number of SourceOffSite users must not exceed the total number of purchased licenses for your organization.

SourceOffSite is licensed per user, but you are free to make use of your license from any computer. You may install the CLIENTS on as many computers as you want.


1d. The demo version is intended for evaluation purposes only. Once the evaluation period has expired, it must not be reinstalled.

2. COPYRIGHT.

All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by SourceGear LLC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

3a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.


3b. Rental. You may not rent or lease the SOFTWARE PRODUCT.


3c. Software Transfer. You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this Agreement), and the recipient agrees to the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.


3d. Termination. Without prejudice to any other rights, SourceGear LLC may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

4. COMPLIANCE WITH MICROSOFT LICENSE AGREEMENTS.

All rights granted to you by this Agreement are contingent upon your compliance with the terms of the End User License Agreement which accompanies Microsoft Visual SourceSafe. If you are not a legally licensed user of Microsoft Visual SourceSafe, then you are not licensed to use SourceOffSite.

5. EXPORT RESTRICTIONS.

You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this Agreement (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

6. U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is SourceGear LLC, a Delaware corporation.

MISCELLANEOUS

If you acquired this product in the United States, this Agreement is governed by the laws of the State of Illinois. Should you have any questions concerning this Agreement, or if you desire to contact SourceGear LLC for any reason, please contact our website at http://www.sourcegear.com or feedback@sourcegear.com.


NO WARRANTIES. To the maximum extent permitted by applicable law, SourceGear LLC expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.


LIMITATION OF LIABILITY. SourceGear LLC's entire liability and your exclusive remedy under this Agreement shall not exceed five dollars (US $5.00).


NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall SourceGear LLC or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this SourceGear LLC product, even if SourceGear LLC has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

LEGAL NOTICE REGARDING VISUAL SOURCESAFE

To legally access a SourceSafe database, you must be a licensed user of Visual SourceSafe regardless of the means you use to obtain that access. To use SourceOffSite, you should be a licensed user of Visual SourceSafe. Please refer to your Microsoft Visual SourceSafe license agreement for specific details.

LEGAL NOTICE REGARDING CRYPTOGRAPHIC SOFTWARE

This product includes cryptographic software written by Eric Young. Copyright (C) 1995-1997 Eric Young (eay@cryptsoft.com) 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 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.

This software is provided by Eric Young ``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 author 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 possibilty of such damage.

LEGAL NOTICE REGARDING XML SOFTWARE

This product includes xml software. Copyright (C) 1998-2003 Daniel Veillard. All Rights Reserved.

THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE DANIEL VEILLARD BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE.


Except as contained in this notice, the name of Daniel Veillard shall not be used in advertising or otherwise to promote the sale, use or other dealings in this Software without prior written authorization from him.

LEGAL NOTICE REGARDING MICROSOFT OFFICE FLUENT UI SOFTWARE

The 2007 Microsoft Office Fluent User Interface is subject to protection under U.S. and international intellectual property laws and is used by SourceGear under license from Microsoft.


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SourceOffSite(tm) is a trademark of SourceGear LLC. Windows(r) and SourceSafe(r) are registered trademarks of Microsoft Corporation. Visual SourceSafe(tm) is a trademark of Microsoft Corporation.

Copyright (C) 1998-2009 SourceGear LLC. All rights reserved.

Server License Agreement


LICENSE AGREEMENT FOR SOURCEOFFSITE VERSION 5.x

IMPORTANT READ CAREFULLY.


This License Agreement (Agreement) is a legal agreement between you (either an individual or a single entity) and SourceGear LLC for the software product identified above which includes computer software and online or electronic documentation and may include associated media and printed materials (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the SOFTWARE PRODUCT.


SOFTWARE PRODUCT LICENSE

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

1. GRANT OF LICENSE.

This Agreement grants you certain limited, non-exclusive rights. SourceGear LLC reserves all rights not expressly granted to you.


1a. MULTIPLE COMPONENTS OF THE SOFTWARE PRODUCT. The SOFTWARE PRODUCT consists of two primary components, the server software (SERVER), and one or more implementations of client software (CLIENTS).


1b. You may install the SERVER on multiple computers within your single organization.


1c. Each SourceOffSite user must have a user-license. The total number of SourceOffSite users must not exceed the total number of purchased licenses for your organization.

SourceOffSite is licensed per user, but you are free to make use of your license from any computer. You may install the CLIENTS on as many computers as you want.


1d. The demo version is intended for evaluation purposes only. Once the evaluation period has expired, it must not be reinstalled.

2. COPYRIGHT.

All rights, title, and copyrights in and to the SOFTWARE PRODUCT (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT) and any copies of the SOFTWARE PRODUCT are owned by SourceGear LLC or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material, except that you may make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

3. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

3a. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.


3b. Rental. You may not rent or lease the SOFTWARE PRODUCT.


3c. Software Transfer. You may permanently transfer all of your rights under this Agreement, provided you retain no copies, you transfer all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, and this Agreement), and the recipient agrees to the terms of this Agreement. If the SOFTWARE PRODUCT is an upgrade, any transfer must include all prior versions of the SOFTWARE PRODUCT.


3d. Termination. Without prejudice to any other rights, SourceGear LLC may terminate this Agreement if you fail to comply with the terms and conditions of this Agreement. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

4. COMPLIANCE WITH MICROSOFT LICENSE AGREEMENTS.

All rights granted to you by this Agreement are contingent upon your compliance with the terms of the End User License Agreement which accompanies Microsoft Visual SourceSafe. If you are not a legally licensed user of Microsoft Visual SourceSafe, then you are not licensed to use SourceOffSite.

5. EXPORT RESTRICTIONS.

You agree that neither you nor your customers intend to or will, directly or indirectly, export or transmit (a) the SOFTWARE PRODUCT or related documentation and technical data, or (b) your Application as described in Section 1 of this Agreement (or any part thereof), or process, or service that is the direct product of the SOFTWARE PRODUCT to any country to which such export or transmission is restricted by any applicable U.S. regulation or statute, without the prior written consent, if required, of the Bureau of Export Administration of the U.S. Department of Commerce, or such other governmental entity as may have jurisdiction over such export or transmission.

6. U.S. GOVERNMENT RESTRICTED RIGHTS.

The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is SourceGear LLC, a Delaware corporation.

MISCELLANEOUS

If you acquired this product in the United States, this Agreement is governed by the laws of the State of Illinois. Should you have any questions concerning this Agreement, or if you desire to contact SourceGear LLC for any reason, please contact our website at http://www.sourcegear.com or feedback@sourcegear.com.


NO WARRANTIES. To the maximum extent permitted by applicable law, SourceGear LLC expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation are provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.


LIMITATION OF LIABILITY. SourceGear LLC's entire liability and your exclusive remedy under this Agreement shall not exceed five dollars (US $5.00).


NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall SourceGear LLC or its suppliers be liable for any damages whatsoever (including, without limitation, damages for loss of business profit, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use, this SourceGear LLC product, even if SourceGear LLC has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

LEGAL NOTICE REGARDING VISUAL SOURCESAFE

To legally access a SourceSafe database, you must be a licensed user of Visual SourceSafe regardless of the means you use to obtain that access. To use SourceOffSite, you should be a licensed user of Visual SourceSafe. Please refer to your Microsoft Visual SourceSafe license agreement for specific details.

LEGAL NOTICE REGARDING CRYPTOGRAPHIC SOFTWARE

This product includes cryptographic software written by Eric Young. Copyright (C) 1995-1997 Eric Young (eay@cryptsoft.com) 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 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.


This software is provided by Eric Young ``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 author 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 possibilty of such damage.

LEGAL NOTICE REGARDING FILE LOGGING SOFTWARE

This product includes file logging software provided by the Apache Software Foundation. Those libraries require the following text -


Apache License
Version 2.0, January 2004
http://www.apache.org/licenses/

TERMS AND CONDITIONS FOR USE, REPRODUCTION, AND DISTRIBUTION


1. Definitions.

"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.


"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.


"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.


"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.


"Source" form shall mean the preferred form for making modifications, including but not limited to software source code, documentation source, and configuration files.


"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.


"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).


"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.


"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."


"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

2. Grant of Copyright License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to reproduce, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form.

3. Grant of Patent License.

Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.

4. Redistribution.

You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with or without modifications, and in Source or Object form, provided that You meet the following conditions:


(a) You must give any other recipients of the Work or Derivative Works a copy of this License; and


(b) You must cause any modified files to carry prominent notices stating that You changed the files; and


(c) You must retain, in the Source form of any Derivative Works that You distribute, all copyright, patent, trademark, and attribution notices from the Source form of the Work, excluding those notices that do not pertain to any part of the Derivative Works; and


(d) If the Work includes a "NOTICE" text file as part of its distribution, then any Derivative Works that You distribute must include a readable copy of the attribution notices contained within such NOTICE file, excluding those notices that do not pertain to any part of the Derivative Works, in at least one of the following places: within a NOTICE text file distributed as part of the Derivative Works; within the Source form or documentation, if provided along with the Derivative Works; or, within a display generated by the Derivative Works, if and wherever such third-party notices normally appear. The contents of the NOTICE file are for informational purposes only and do not modify the License. You may add Your own attribution notices within Derivative Works that You distribute, alongside or as an addendum to the NOTICE text from the Work, provided that such additional attribution notices cannot be construed as modifying the License.


You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.

5. Submission of Contributions.

Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.

6. Trademarks.

This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.

7. Disclaimer of Warranty.

Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.

8. Limitation of Liability.

In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

9. Accepting Warranty or Additional Liability.

While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

END OF TERMS AND CONDITIONS


APPENDIX: How to apply the Apache License to your work.

To apply the Apache License to your work, attach the following boilerplate notice, with the fields enclosed by brackets "[]" replaced with your own identifying information. (Don't include the brackets!) The text should be enclosed in the appropriate comment syntax for the file format. We also recommend that a file or class name and description of purpose be included on the same "printed page" as the copyright notice for easier identification within third-party archives.


Copyright [yyyy] [name of copyright owner]


Licensed under the Apache License, Version 2.0 (the "License"); you may not use this file except in compliance with the License. You may obtain a copy of the License at


http://www.apache.org/licenses/LICENSE-2.0


Unless required by applicable law or agreed to in writing, software distributed under the License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the License for the specific language governing permissions and limitations under the License.


--------------------------------------


SourceOffSite(tm) is a trademark of SourceGear LLC. Windows(r) and SourceSafe(r) are registered trademarks of Microsoft Corporation. Visual SourceSafe(tm) is a trademark of Microsoft Corporation.


Copyright (C) 1998-2012 SourceGear LLC. All rights reserved.