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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.
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