Camellia Software Corporation   

Developers of Batch Job Server - Reliable Batch Job Scheduling for Windows Operating Systems

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Batch Job Server End-User License Agreement

For purposes of this agreement "Camellia Software" refers to Camellia Software Corporation (incorporated in the State of Washington, US). This license agreement is between you and Camellia Software and applies to the installed Batch Job Server (BJS) software.

Batch Job Server software (the "Software") is comprised of a server software component and client (workstation) software components. The server software component ("Server Software") is a Windows service named: "Batch Job Server". The client software components ("Client Software") include: BJS Client, BJS Administrator, the BJS command line interface (the SUBMTJOB and BJC commands), the BJS Application Program Interface (BJCAPI.DLL) and a number of sample programs that may be used to enhance batch job functionality. Use of the Software indicates acceptance of this agreement.

GRANT OF LICENSE. Camellia Software owns all rights to the Software, including the right to grant license to the Software. Unless you have purchased a Site License for The Software, you only are permitted to use the Server Software for a given Software license on one Windows server (or workstation). The Server Software is considered in use when the "Batch Job Server" service (identified above) is installed and started on a Windows server (or workstation). This service is installed by executing the BJS Administrator "Install Service" function. All servers where the BJS service is executing requires a BJS license. Each Windows computer executing BJS batch jobs is considered to be a BJS server. Production servers, virtual servers, test servers, development servers, temporary servers, backup servers, emergency servers, disaster recovery system servers, cloned servers, and any other type of servers that execute BJS batch jobs must be licensed. Each of these computers requires a separate BJS license.

With a Site License, the Software can be installed on all servers in an organization that are within an area 50 mile (90 km) in diameter (25 mile radius, 45 km). This does not include servers in subsidiaries or other organizations that are associated with the purchasing organization but are considered by law as separate organizations. The Client Software can be installed and used on any computer that has access to the Windows servers (or workstations) where you have installed the Server Software (as described above).

Licenses for all versions of the Software, except for the Evaluation version, are perpetual use licenses. License to use the Evaluation version of the Server Software is granted for a period of 30 days to allow evaluation of the Software. License to use the Evaluation version of the Client Software is granted during your evaluation period and as long as you maintain ownership of at least one perpetual use license of the Software.

As long as the license restrictions discussed above for the Server Software installation are adhered to, you are permitted to copy and distribute the Software and related documentation for backup and archival purposes and as needed to allow installation of the Client Software. In addition, you are permitted to copy and distribute the Evaluation version of the Software and related documentation to other individuals or organizations. Except for the sample programs, you are not permitted to modify the Software or related documentation without written permission from Camellia Software. Licenses cannot be transferred from one company to another. Licenses status will be maintained for legal changes to corporate names only for BJS v3.0 licenses and beyond.

NO WARRANTIES. Camellia Software disclaims all warranties for the Software and services. The Software, related documentation, and other services are provided "as is" without warranty of any kind, either expressed or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose. In no event shall Camellia Software or the regents or contributors of the Software 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, revenue or profits; business interruption; bodily injury; property damage, 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, or services even if advised of the possibility of such damage.

COPYRIGHT. Camellia Software is the developer and copyright holder of the Software. The Software is registered with the United States Copyright Office, December 27, 1994, #TX-3-950-444.

OTHER LIMITATIONS. Permanent transfer of your license for this Software to a third party is not allowed. Please contact Camellia Software with updated end user information to help maintain records of licensed users for support and upgrade purposes.

In the event of license transfer to a third party, Camellia Software will not be responsible for any charges beyond the purchase price collected by Camellia Software at the time of purchase. In the event that the third party elects to upgrade their license, upgrade pricing will be based on the purchase price collected by Camellia Software at the time of purchase. You may not rent or lease the Software. You may not reverse engineer, decompile or disassemble the Software. This agreement is governed by the laws of the State of Washington of the United States of America. Purchaser of the Software agrees that the venue of any action or suit concerning this agreement shall be in the Thurston County Superior Court (State of Washington, US) and all actions or suits thereon shall be brought therein.