License Agreement for
EnterpriseTenFold SOA Personal Edition

  1. You may download or install EnterpriseTenFold SOA Personal Edition only after reading and agreeing to the terms and conditions of this Agreement.
  2. Subject to the terms and conditions of this Agreement, TenFold grants you a personal, non-exclusive, non-transferable license to use EnterpriseTenFold SOA Personal Edition for the purposes of developing, prototyping and running an application on a single computer. Any use of EnterpriseTenFold SOA Personal Edition is subject to the following conditions:
    • EnterpriseTenFold SOA Personal Edition installation is limited to a single installation on any server computer.
    • EnterpriseTenFold SOA Personal Edition use is limited to five Named Users (for either development or deployment use) and a single application. Named User shall mean a person who is authorized to use the application and who has a username and password to obtain access. Multiple people using the same username and password are each counted as a Named User. A person who uses a TenFold-powered application directly or indirectly and each person who participates in developing an application is considered a Named User. Indirect use refers to a person who generates transactions through another application, through a web server or teleprocessing monitor, or through a batch process. When those transactions, in turn, are multiplexed as transactions into a TenFold-powered application, all persons and devices creating multiplexed transactions are considered Named Users.
    • EnterpriseTenFold SOA Personal Edition licenses cannot be combined with any other TenFold or EnterpriseTenFold SOA Personal Edition licenses to run more than one application within your organization or grant access to your application to more that five Named Users.
  3. You acquire only the limited right to use EnterpriseTenFold SOA Personal Edition and do not acquire any rights of ownership in EnterpriseTenFold SOA Personal Edition or data provided by EnterpriseTenFold SOA Personal Edition. TenFold shall at all times retain all rights, title, and interest in EnterpriseTenFold SOA Personal Edition and its data. Nothing herein shall be construed as expressly or implicitly granting any license for or right to any patents, copyrights, trademarks, or other ideas made, conceived, acquired, or owned by TenFold.
  4. You agree not to sell or otherwise commercially distribute EnterpriseTenFold SOA Personal Edition to any third party.
  5. You agree not to disassemble, decompile, or in any way reverse engineer EnterpriseTenFold SOA Personal Edition.
  6. You may terminate this Agreement at any time, for any reason, by discontinuing your use of EnterpriseTenFold SOA Personal Edition and destroying all copies of EnterpriseTenFold SOA Personal Edition and its installations. TenFold may terminate this Agreement at any time for any reason whatsoever.
  7. This Agreement shall begin on the date that you accept this Agreement (by clicking "Accept" below).
  8. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors, legal representatives, and assigns. Notwithstanding the foregoing, you shall not assign your rights or obligations hereunder without the prior written consent of TenFold.
  9. In the event of a dispute regarding this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs incurred in enforcing its rights hereunder.
  10. TENFOLD LICENSES ENTERPRISETENFOLD SOA PERSONAL EDITION ON AN "AS IS" BASIS. TENFOLD MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING ENTERPRISETENFOLD SOA PERSONAL EDITION. TENFOLD DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SERVICES PROVIDED BY TENFOLD ARE ONLY PROVIDED ON AN "AS-IS" BASIS. TENFOLD SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE ENTERPRISETENFOLD SOA PERSONAL EDITION, INCLUDING DAMAGES FOR LOSS OF PROFIT, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF YOU OR ANY OTHER PERSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TENFOLD'S AGGREGATE LIABILITY FOR DAMAGES HEREUNDER FOR ANY CAUSE WHATSOEVER SHALL IN NO EVENT EXCEED THE AMOUNT OF FEES PAID BY YOU UNDER THIS AGREEMENT.
  11. This Agreement shall be governed by and construed pursuant to the laws of the state of Utah.
  12. Unless both parties have signed a separate license agreement covering EnterpriseTenFold SOA Personal Edition this Agreement constitutes the complete agreement between the parties concerning EnterpriseTenFold SOA Personal Edition and supersedes all representations, written or oral, concerning EnterpriseTenFold SOA Personal Edition.
  13. This Agreement may not be modified or amended except in writing signed by duly authorized representative of each party; no other act, document, usage or custom shall be deemed to amend or modify this Agreement.
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