path: root/LICENSE.PREVIEW.COMMERCIAL

TECHNOLOGY PREVIEW LICENSE AGREEMENT

For individuals and/or legal entities resident in the Americas (North
America, Central America and South America), the applicable licensing
terms are specified under the heading "Technology Preview License
Agreement: The Americas".

For individuals and/or legal entities not resident in The Americas, the
applicable licensing terms are specified under the heading "Technology
Preview License Agreement: Rest of the World".


TECHNOLOGY PREVIEW LICENSE AGREEMENT: The Americas
Agreement version 2.4

This Technology Preview License Agreement ("Agreement")is a legal agreement
between Digia USA, Inc. ("Digia"), with its registered office at 32 W.
Loockerman Street, Suite 201, City of Dover, County of Kent, Delaware 19904,
U.S.A. and you (either an individual or a legal entity) ("Licensee")
for the Licensed Software (as defined below).

1. DEFINITIONS

"Affiliate" of a Party shall mean an entity (i) which is directly or
indirectly controlling such Party; (ii) which is under the same direct
or indirect ownership or control as such Party; or (iii) which is
directly or indirectly owned or controlled by such Party. For these
purposes, an entity shall be treated as being controlled by another if
that other entity has fifty percent (50 %) or more of the votes in such
entity, is able to direct its affairs and/or to control the composition
of its board of directors or equivalent body.

"Applications" shall mean Licensee's software products created using the
Licensed Software which may include portions of the Licensed Software.

"Term" shall mean the period of time six (6) months from the later of
(a) the Effective Date; or (b) the date the Licensed Software was
initially delivered to Licensee by Digia. If no specific Effective Date
is set forth in the Agreement, the Effective Date shall be deemed to be
the date the Licensed Software was initially delivered to Licensee.

"Licensed Software" shall mean the computer software, "online" or
electronic documentation, associated media and printed materials,
including the source code, example programs and the documentation
delivered by Digia to Licensee in conjunction with this Agreement.

"Party" or "Parties" shall mean Licensee and/or Digia.


2. OWNERSHIP

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

If Licensee provides any findings, proposals, suggestions or other
feedback ("Feedback") to Digia regarding the Licensed Software, Digia
shall own all right, title and interest including the intellectual
property rights in and to such Feedback, excluding however any existing
patent rights of Licensee. To the extent Licensee owns or controls any
patents for such Feedback Licensee hereby grants to Digia and its
Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
royalty-free license to (i) use, copy and modify Feedback and to create
derivative works thereof, (ii) to make (and have made), use, import,
sell, offer for sale, lease, dispose, offer for disposal or otherwise
exploit any products or services of Digia containing Feedback, and
(iii) sublicense all the foregoing rights to third party licensees and
customers of Digia and/or its Affiliates.


3. VALIDITY OF THE AGREEMENT

By installing, copying, or otherwise using the Licensed Software,
Licensee agrees to be bound by the terms of this Agreement. If Licensee
does not agree to the terms of this Agreement, Licensee may not install,
copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
of the terms and conditions of this Agreement, Digia grants Licensee the
right to use the Licensed Software in the manner provided below.


4. LICENSES

4.1. Using and Copying

Digia grants to Licensee a non-exclusive, non-transferable, time-limited
license to use and copy the Licensed Software for sole purpose of
designing, developing and testing Applications, and evaluating and the
Licensed Software during the Term.

Licensee may install copies of the Licensed Software on an unlimited
number of computers provided that (a) if an individual, only such
individual; or (b) if a legal entity only its employees; use the
Licensed Software for the authorized purposes.

4.2 No Distribution or Modifications

Licensee may not disclose, modify, sell, market, commercialise,
distribute, loan, rent, lease, or license the Licensed Software or any
copy of it or use the Licensed Software for any purpose that is not
expressly granted in this Section 4. Licensee may not alter or remove
any details of ownership, copyright, trademark or other property right
connected with the Licensed Software. Licensee may not distribute any
software statically or dynamically linked with the Licensed Software.

4.3 No Technical Support

Digia has no obligation to furnish Licensee with any technical support
whatsoever. Any such support is subject to separate agreement between
the Parties.


5. PRE-RELEASE CODE
The Licensed Software contains pre-release code that is not at the level
of performance and compatibility of a final, generally available,
product offering. The Licensed Software may not operate correctly and
may be substantially modified prior to the first commercial product
release, if any. Digia is not obligated to make this or any later
version of the Licensed Software commercially available. The License
Software is "Not for Commercial Use" and may only be used for the
purposes described in Section 4. The Licensed Software may not be used
in a live operating environment where it may be relied upon to perform
in the same manner as a commercially released product or with data that
has not been sufficiently backed up.

6. THIRD PARTY SOFTWARE

The Licensed Software may provide links to third party libraries or code
(collectively "Third Party Software") to implement various functions.
Third Party Software does not comprise part of the Licensed Software. In
some cases, access to Third Party Software may be included along with
the Licensed Software delivery as a convenience for development and
testing only. Such source code and libraries may be listed in the
".../src/3rdparty" source tree delivered with the Licensed Software or
documented in the Licensed Software where the Third Party Software is
used, as may be amended from time to time, do not comprise the Licensed
Software. Licensee acknowledges (1) that some part of Third Party
Software may require additional licensing of copyright and patents from
the owners of such, and (2) that distribution of any of the Licensed
Software referencing any portion of a Third Party Software may require
appropriate licensing from such third parties.


7. LIMITED WARRANTY AND WARRANTY DISCLAIMER

The Licensed Software is licensed to Licensee "as is". To the maximum
extent permitted by applicable law, Digia on behalf of itself and its
suppliers, disclaims all warranties and conditions, either express or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement with regard to the Licensed Software.


8. LIMITATION OF LIABILITY

If, Digia's warranty disclaimer notwithstanding, Digia is held liable to
Licensee, whether in contract, tort or any other legal theory, based on
the Licensed Software, Digia's entire liability to Licensee and
Licensee's exclusive remedy shall be, at Digia's option, either (A)
return of the price Licensee paid for the Licensed Software, or (B)
repair or replacement of the Licensed Software, provided Licensee
returns to Digia all copies of the Licensed Software as originally
delivered to Licensee. Digia shall not under any circumstances be liable
to Licensee based on failure of the Licensed Software if the failure
resulted from accident, abuse or misapplication, nor shall Digia under
any circumstances be liable for special damages, punitive or exemplary
damages, damages for loss of profits or interruption of business or for
loss or corruption of data. Any award of damages from Digia to Licensee
shall not exceed the total amount Licensee has paid to Digia in
connection with this Agreement.


9.  CONFIDENTIALITY

Each party acknowledges that during the Term of this Agreement it shall
have access to information about the other party's business, business
methods, business plans, customers, business relations, technology, and
other information, including the terms of this Agreement, that is
confidential and of great value to the other party, and the value of
which would be significantly reduced if disclosed to third parties (the
"Confidential Information"). Accordingly, when a party (the "Receiving
Party") receives Confidential Information from another party (the
"Disclosing Party"), the Receiving Party shall, and shall obligate its
employees and agents and employees and agents of its Affiliates to: (i)
maintain the Confidential Information in strict confidence; (ii) not
disclose the Confidential Information to a third party without the
Disclosing Party's prior written approval; and (iii) not, directly or
indirectly, use the Confidential Information for any purpose other than
for exercising its rights and fulfilling its responsibilities pursuant
to this Agreement. Each party shall take reasonable measures to protect
the Confidential Information of the other party, which measures shall
not be less than the measures taken by such party to protect its own
confidential and proprietary information.

"Confidential Information" shall not include information that (a) is or
becomes generally known to the public through no act or omission of the
Receiving Party; (b) was in the Receiving Party's lawful possession
prior to the disclosure hereunder and was not subject to limitations on
disclosure or use; (c) is developed by the Receiving Party without
access to the Confidential Information of the Disclosing Party or by
persons who have not had access to the Confidential Information of the
Disclosing Party as proven by the written records of the Receiving
Party; (d) is lawfully disclosed to the Receiving Party without
restrictions, by a third party not under an obligation of
confidentiality; or (e) the Receiving Party is legally compelled to
disclose the information, in which case the Receiving Party shall assert
the privileged and confidential nature of the information and cooperate
fully with the Disclosing Party to protect against and prevent
disclosure of any Confidential Information and to limit the scope of
disclosure and the dissemination of disclosed Confidential Information
by all legally available means.

The obligations of the Receiving Party under this Section shall continue
during the Initial Term and for a period of five (5) years after
expiration or termination of this Agreement. To the extent that the
terms of the Non-Disclosure Agreement between Digia and Licensee
conflict with the terms of this Section 9, this Section 9 shall be
controlling over the terms of the Non-Disclosure Agreement.


10. GENERAL PROVISIONS

10.1    No Assignment

Licensee shall not be entitled to assign or transfer all or any of its
rights, benefits and obligations under this Agreement without the prior
written consent of Digia, which shall not be unreasonably withheld.

10.2    Termination

Digia may terminate the Agreement at any time immediately upon written
notice by Digia to Licensee if Licensee breaches this Agreement.

Upon termination of this Agreement, Licensee shall return to Digia all
copies of Licensed Software that were supplied by Digia. All other
copies of Licensed Software in the possession or control of Licensee
must be erased or destroyed. An officer of Licensee must promptly
deliver to Digia a written confirmation that this has occurred.

10.3    Surviving Sections

Any terms and conditions that by their nature or otherwise reasonably
should survive a cancellation or termination of this Agreement shall
also be deemed to survive. Such terms and conditions include, but are
not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
10.5, 10.6, 10.7, and 10.8 of this Agreement.

10.4    Entire Agreement

This Agreement constitutes the complete agreement between the parties
and supersedes all prior or contemporaneous discussions,
representations, and proposals, written or oral, with respect to the
subject matters discussed herein, with the exception of the
non-disclosure agreement executed by the parties in connection with this
Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
Section 9. No modification of this Agreement shall be effective unless
contained in a writing executed by an authorized representative of each
party. No term or condition contained in Licensee's purchase order shall
apply unless expressly accepted by Digia in writing. If any provision of
the Agreement is found void or unenforceable, the remainder shall remain
valid and enforceable according to its terms. If any remedy provided is
determined to have failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in this Agreement shall
remain in effect.

10.5    Export Control

Licensee acknowledges that the Licensed Software may be subject to
export control restrictions of various countries. Licensee shall fully
comply with all applicable export license restrictions and requirements
as well as with all laws and regulations relating to the importation of
the Licensed Software and shall procure all necessary governmental
authorizations, including without limitation, all necessary licenses,
approvals, permissions or consents, where necessary for the
re-exportation of the Licensed Software.,

10.6    Governing Law and Legal Venue

This Agreement shall be governed by and construed in accordance with the
federal laws of the United States of America and the internal laws of
the State of New York without given effect to any choice of law rule
that would result in the application of the laws of any other
jurisdiction. The United Nations Convention on Contracts for the
International Sale of Goods (CISG) shall not apply. Each Party (a)
hereby irrevocably submits itself to and consents to the jurisdiction of
the United States District Court for the Southern District of New York
(or if such court lacks jurisdiction, the state courts of the State of
New York) for the purposes of any action, claim, suit or proceeding
between the Parties in connection with any controversy, claim, or
dispute arising out of or relating to this Agreement; and (b) hereby
waives, and agrees not to assert by way of motion, as a defense or
otherwise, in any such action, claim, suit or proceeding, any claim that
is not personally subject to the jurisdiction of such court(s), that the
action, claim, suit or proceeding is brought in an inconvenient forum or
that the venue of the action, claim, suit or proceeding is improper.
Notwithstanding the foregoing, nothing in this Section 9.6 is intended
to, or shall be deemed to, constitute a submission or consent to, or
selection of, jurisdiction, forum or venue for any action for patent
infringement, whether or not such action relates to this Agreement.

10.7    No Implied License

There are no implied licenses or other implied rights granted under this
Agreement, and all rights, save for those expressly granted hereunder,
shall remain with Digia and its licensors. In addition, no licenses or
immunities are granted to the combination of the Licensed Software with
any other software or hardware not delivered by Digia under this
Agreement.

10.8    Government End Users

A "U.S. Government End User" shall mean any agency or entity of the
government of the United States. The following shall apply if Licensee
is a U.S. Government End User. The Licensed Software is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire
the Licensed Software with only those rights set forth herein. The
Licensed Software (including related documentation) is provided to U.S.
Government End Users: (a) only as a commercial end item; and (b) only
pursuant to this Agreement.





TECHNOLOGY PREVIEW LICENSE AGREEMENT: Rest of the World
Agreement version 2.4

This Technology Preview License Agreement ("Agreement") is a legal
agreement between Digia Finland Ltd ("Digia"), with its registered office at
Valimotie 21,FI-00380 Helsinki, Finland and you (either an individual or a
legal entity) ("Licensee") for the Licensed Software.

1. DEFINITIONS

"Affiliate" of a Party shall mean an entity (i) which is directly or
indirectly controlling such Party; (ii) which is under the same direct
or indirect ownership or control as such Party; or (iii) which is
directly or indirectly owned or controlled by such Party. For these
purposes, an entity shall be treated as being controlled by another if
that other entity has fifty percent (50 %) or more of the votes in such
entity, is able to direct its affairs and/or to control the composition
of its board of directors or equivalent body.

"Applications" shall mean Licensee's software products created using the
Licensed Software which may include portions of the Licensed Software.

"Term" shall mean the period of time six (6) months from the later of
(a) the Effective Date; or (b) the date the Licensed Software was
initially delivered to Licensee by Digia. If no specific Effective Date
is set forth in the Agreement, the Effective Date shall be deemed to be
the date the Licensed Software was initially delivered to Licensee.

"Licensed Software" shall mean the computer software, "online" or
electronic documentation, associated media and printed materials,
including the source code, example programs and the documentation
delivered by Digia to Licensee in conjunction with this Agreement.

"Party" or "Parties" shall mean Licensee and/or Digia.


2. OWNERSHIP

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

If Licensee provides any findings, proposals, suggestions or other
feedback ("Feedback") to Digia regarding the Licensed Software, Digia
shall own all right, title and interest including the intellectual
property rights in and to such Feedback, excluding however any existing
patent rights of Licensee. To the extent Licensee owns or controls any
patents for such Feedback Licensee hereby grants to Digia and its
Affiliates, a worldwide, perpetual, non-transferable, sublicensable,
royalty-free license to (i) use, copy and modify Feedback and to create
derivative works thereof, (ii) to make (and have made), use, import,
sell, offer for sale, lease, dispose, offer for disposal or otherwise
exploit any products or services of Digia containing Feedback, and
(iii) sublicense all the foregoing rights to third party licensees and
customers of Digia and/or its Affiliates.

3. VALIDITY OF THE AGREEMENT

By installing, copying, or otherwise using the Licensed Software,
Licensee agrees to be bound by the terms of this Agreement. If Licensee
does not agree to the terms of this Agreement, Licensee may not install,
copy, or otherwise use the Licensed Software. Upon Licensee's acceptance
of the terms and conditions of this Agreement, Digia grants Licensee the
right to use the Licensed Software in the manner provided below.


4. LICENSES

4.1. Using and Copying

Digia grants to Licensee a non-exclusive, non-transferable, time-limited
license to use and copy the Licensed Software for sole purpose of
designing, developing and testing Applications, and evaluating and the
Licensed Software during the Term.

Licensee may install copies of the Licensed Software on an unlimited
number of computers provided that (a) if an individual, only such
individual; or (b) if a legal entity only its employees; use the
Licensed Software for the authorized purposes.

4.2 No Distribution or Modifications

Licensee may not disclose, modify, sell, market, commercialise,
distribute, loan, rent, lease, or license the Licensed Software or any
copy of it or use the Licensed Software for any purpose that is not
expressly granted in this Section 4. Licensee may not alter or remove
any details of ownership, copyright, trademark or other property right
connected with the Licensed Software. Licensee may not distribute any
software statically or dynamically linked with the Licensed Software.

4.3 No Technical Support

Digia has no obligation to furnish Licensee with any technical support
whatsoever. Any such support is subject to separate agreement between
the Parties.


5. PRE-RELEASE CODE

The Licensed Software contains pre-release code that is not at the level
of performance and compatibility of a final, generally available,
product offering. The Licensed Software may not operate correctly and
may be substantially modified prior to the first commercial product
release, if any. Digia is not obligated to make this or any later
version of the Licensed Software commercially available. The License
Software is "Not for Commercial Use" and may only be used for the
purposes described in Section 4. The Licensed Software may not be used
in a live operating environment where it may be relied upon to perform
in the same manner as a commercially released product or with data that
has not been sufficiently backed up.

6. THIRD PARTY SOFTWARE

The Licensed Software may provide links to third party libraries or code
(collectively "Third Party Software") to implement various functions.
Third Party Software does not comprise part of the Licensed Software. In
some cases, access to Third Party Software may be included along with
the Licensed Software delivery as a convenience for development and
testing only. Such source code and libraries may be listed in the
".../src/3rdparty" source tree delivered with the Licensed Software or
documented in the Licensed Software where the Third Party Software is
used, as may be amended from time to time, do not comprise the Licensed
Software. Licensee acknowledges (1) that some part of Third Party
Software may require additional licensing of copyright and patents from
the owners of such, and (2) that distribution of any of the Licensed
Software referencing any portion of a Third Party Software may require
appropriate licensing from such third parties.


7. LIMITED WARRANTY AND WARRANTY DISCLAIMER

The Licensed Software is licensed to Licensee "as is". To the maximum
extent permitted by applicable law, Digia on behalf of itself and its
suppliers, disclaims all warranties and conditions, either express or
implied, including, but not limited to, implied warranties of
merchantability, fitness for a particular purpose, title and
non-infringement with regard to the Licensed Software.


8. LIMITATION OF LIABILITY

If, Digia's warranty disclaimer notwithstanding, Digia is held liable to
Licensee, whether in contract, tort or any other legal theory, based on
the Licensed Software, Digia's entire liability to Licensee and
Licensee's exclusive remedy shall be, at Digia's option, either (A)
return of the price Licensee paid for the Licensed Software, or (B)
repair or replacement of the Licensed Software, provided Licensee
returns to Digia all copies of the Licensed Software as originally
delivered to Licensee. Digia shall not under any circumstances be liable
to Licensee based on failure of the Licensed Software if the failure
resulted from accident, abuse or misapplication, nor shall Digia under
any circumstances be liable for special damages, punitive or exemplary
damages, damages for loss of profits or interruption of business or for
loss or corruption of data. Any award of damages from Digia to Licensee
shall not exceed the total amount Licensee has paid to Digia in
connection with this Agreement.


9.  CONFIDENTIALITY

Each party acknowledges that during the Term of this Agreement it shall
have access to information about the other party's business, business
methods, business plans, customers, business relations, technology, and
other information, including the terms of this Agreement, that is
confidential and of great value to the other party, and the value of
which would be significantly reduced if disclosed to third parties (the
"Confidential Information"). Accordingly, when a party (the "Receiving
Party") receives Confidential Information from another party (the
"Disclosing Party"), the Receiving Party shall, and shall obligate its
employees and agents and employees and agents of its Affiliates to: (i)
maintain the Confidential Information in strict confidence; (ii) not
disclose the Confidential Information to a third party without the
Disclosing Party's prior written approval; and (iii) not, directly or
indirectly, use the Confidential Information for any purpose other than
for exercising its rights and fulfilling its responsibilities pursuant
to this Agreement. Each party shall take reasonable measures to protect
the Confidential Information of the other party, which measures shall
not be less than the measures taken by such party to protect its own
confidential and proprietary information.

"Confidential Information" shall not include information that (a) is or
becomes generally known to the public through no act or omission of the
Receiving Party; (b) was in the Receiving Party's lawful possession
prior to the disclosure hereunder and was not subject to limitations on
disclosure or use; (c) is developed by the Receiving Party without
access to the Confidential Information of the Disclosing Party or by
persons who have not had access to the Confidential Information of the
Disclosing Party as proven by the written records of the Receiving
Party; (d) is lawfully disclosed to the Receiving Party without
restrictions, by a third party not under an obligation of
confidentiality; or (e) the Receiving Party is legally compelled to
disclose the information, in which case the Receiving Party shall assert
the privileged and confidential nature of the information and cooperate
fully with the Disclosing Party to protect against and prevent
disclosure of any Confidential Information and to limit the scope of
disclosure and the dissemination of disclosed Confidential Information
by all legally available means.

The obligations of the Receiving Party under this Section shall continue
during the Initial Term and for a period of five (5) years after
expiration or termination of this Agreement. To the extent that the
terms of the Non-Disclosure Agreement between Digia and Licensee
conflict with the terms of this Section 9, this Section 9 shall be
controlling over the terms of the Non-Disclosure Agreement.


10. GENERAL PROVISIONS

10.1    No Assignment

Licensee shall not be entitled to assign or transfer all or any of its
rights, benefits and obligations under this Agreement without the prior
written consent of Digia, which shall not be unreasonably withheld.

10.2    Termination

Digia may terminate the Agreement at any time immediately upon written
notice by Digia to Licensee if Licensee breaches this Agreement.

Upon termination of this Agreement, Licensee shall return to Digia all
copies of Licensed Software that were supplied by Digia. All other
copies of Licensed Software in the possession or control of Licensee
must be erased or destroyed. An officer of Licensee must promptly
deliver to Digia a written confirmation that this has occurred.

10.3    Surviving Sections

Any terms and conditions that by their nature or otherwise reasonably
should survive a cancellation or termination of this Agreement shall
also be deemed to survive. Such terms and conditions include, but are
not limited to the following Sections: 2, 5, 6, 7, 8, 9, 10.2, 10.3, 10.4,
10.5, 10.6, 10.7, and 10.8 of this Agreement.

10.4    Entire Agreement

This Agreement constitutes the complete agreement between the parties
and supersedes all prior or contemporaneous discussions,
representations, and proposals, written or oral, with respect to the
subject matters discussed herein, with the exception of the
non-disclosure agreement executed by the parties in connection with this
Agreement ("Non-Disclosure Agreement"), if any, shall be subject to
Section 9. No modification of this Agreement shall be effective unless
contained in a writing executed by an authorized representative of each
party. No term or condition contained in Licensee's purchase order shall
apply unless expressly accepted by Digia in writing. If any provision of
the Agreement is found void or unenforceable, the remainder shall remain
valid and enforceable according to its terms. If any remedy provided is
determined to have failed for its essential purpose, all limitations of
liability and exclusions of damages set forth in this Agreement shall
remain in effect.

10.5    Export Control

Licensee acknowledges that the Licensed Software may be subject to
export control restrictions of various countries. Licensee shall fully
comply with all applicable export license restrictions and requirements
as well as with all laws and regulations relating to the importation of
the Licensed Software and shall procure all necessary governmental
authorizations, including without limitation, all necessary licenses,
approvals, permissions or consents, where necessary for the
re-exportation of the Licensed Software.,

10.6    Governing Law and Legal Venue

This Agreement shall be construed and interpreted in accordance with the
laws of Finland, excluding its choice of law provisions. Any disputes
arising out of or relating to this Agreement shall be resolved in
arbitration under the Rules of Arbitration of the Chamber of Commerce of
Helsinki, Finland. The arbitration tribunal shall consist of one (1), or
if either Party so requires, of three (3), arbitrators. The award shall
be final and binding and enforceable in any court of competent
jurisdiction. The arbitration shall be held in Helsinki, Finland and the
process shall be conducted in the English language.

10.7    No Implied License

There are no implied licenses or other implied rights granted under this
Agreement, and all rights, save for those expressly granted hereunder,
shall remain with Digia and its licensors. In addition, no licenses or
immunities are granted to the combination of the Licensed Software with
any other software or hardware not delivered by Digia under this
Agreement.

10.8    Government End Users

A "U.S. Government End User" shall mean any agency or entity of the
government of the United States. The following shall apply if Licensee
is a U.S. Government End User. The Licensed Software is a "commercial
item," as that term is defined in 48 C.F.R. 2.101 (Oct. 1995),
consisting of "commercial computer software" and "commercial computer
software documentation," as such terms are used in 48 C.F.R. 12.212
(Sept. 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1
through 227.7202-4 (June 1995), all U.S. Government End Users acquire
the Licensed Software with only those rights set forth herein. The
Licensed Software (including related documentation) is provided to U.S.
Government End Users: (a) only as a commercial end item; and (b) only
pursuant to this Agreement.