BIS Guard & Co. End User License Agreement for BIS Antidecompiler 2005 Community Edition, Version 2.4 I. DEFINITIONS. "Licensee " means You and any other party that has entered into and has in effect a version of this License. "Modifications" means any (a) change or addition to the Technology or (b) new source or object code implementing any portion of the Technology. "BIS" means BIS Guard & Co. and its successors and assignees. "Research Use" means research, evaluation, or development for the purpose of advancing knowledge, teaching, learning, or customizing the Technology or Modifications for personal use. Research Use expressly excludes use or distribution for direct or indirect commercial (including strategic) gain or advantage. "Technology" means the source code, object code and specifications of the technology made available by BIS pursuant to this License. "Technology Site" means the website designated by BIS for accessing the Technology. "You" means the individual executing this License or the legal entity or entities represented by the individual executing this License. II. PURPOSE. BIS is licensing the Technology under this Java Research License (the "License") to promote research, education, innovation, and development using the Technology. COMMERCIAL USE AND DISTRIBUTION OF TECHNOLOGY AND MODIFICATIONS IS PERMITTED ONLY UNDER A BIS COMMERCIAL LICENSE. III. RESEARCH USE RIGHTS. A. License Grant. Subject to the conditions contained herein, BIS grants to You a non-exclusive, non-transferable, worldwide, and royalty-free license to do the following for Your Research Use only: 1. Reproduce, create Modifications of, and use the Technology alone, or with Modifications; 2. Share source code of the Technology alone, or with Modifications, with other Licensees; and 3. Distribute object code of the Technology, alone, or with Modifications, to any third parties for Research Use only, under a license of Your choice that is consistent with this License; and publish papers and books discussing the Technology which may include relevant excerpts that do not in the aggregate constitute a significant portion of the Technology. B. Residual Rights. You may use any information in intangible form that you remember after accessing the Technology, except when such use violates BIS's copyrights or patent rights. C. No Implied Licenses. Other than the rights granted herein, BIS retains all rights, title, and interest in Technology, and You retain all rights, title, and interest in Your Modifications and associated specifications, subject to the terms of this License. D. Open Source Licenses. Portions of the Technology may be provided with notices and open source licenses from open source communities and third parties that govern the use of those portions, and any licenses granted hereunder do not alter any rights and obligations you may have under such open source licenses, however, the disclaimer of warranty and limitation of liability provisions in this License will apply to all Technology in this distribution. IV. INTELLECTUAL PROPERTY REQUIREMENTS As a condition to Your License, You agree to comply with the following restrictions and responsibilities: A. License and Copyright Notices. You must include a copy of this Java Research License in a Readme file for any Technology or Modifications you distribute. You must also include the following statement, "Use and distribution of this technology is subject to the Java Research License included herein", (a) once prominently in the source code tree and/or specifications for Your source code distributions, and (b) once in the same file as Your copyright or proprietary notices for Your binary code distributions. You must cause any files containing Your Modification to carry prominent notice stating that You changed the files. You must not remove or alter any copyright or other proprietary notices in the Technology. B. Licensee Exchanges. Any Technology and Modifications You receive from any Licensee are governed by this License. V. GENERAL TERMS. A. Disclaimer Of Warranties. THE TECHNOLOGY IS PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE TECHNOLOGY IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE, OR NON-INFRINGING OF THIRD PARTY RIGHTS. YOU AGREE THAT YOU BEAR THE ENTIRE RISK IN CONNECTION WITH YOUR USE AND DISTRIBUTION OF ANY AND ALL TECHNOLOGY UNDER THIS LICENSE. B. Infringement; Limitation Of Liability. 1. If any portion of, or functionality implemented by, the Technology becomes the subject of a claim or threatened claim of infringement ("Affected Materials"), BIS may, in its unrestricted discretion, suspend Your rights to use and distribute the Affected Materials under this License. Such suspension of rights will be effective immediately upon BIS's posting of notice of suspension on the Technology Site. 2. IN NO EVENT WILL BIS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THIS LICENSE (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, USE, DATA, OR ECONOMIC ADVANTAGE OF ANY SORT), HOWEVER IT ARISES AND ON ANY THEORY OF LIABILITY (including negligence), WHETHER OR NOT BIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. LIABILITY UNDER THIS SECTION V.B.2 SHALL BE SO LIMITED AND EXCLUDED, NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY. C. Termination. 1. You may terminate this License at any time by notifying BIS in writing. 2. All Your rights will terminate under this License if You fail to comply with any of its material terms or conditions and do not cure such failure within thirty (30) days after becoming aware of such noncompliance. 3. Upon termination, You must discontinue all uses and distribution of the Technology, and all provisions of this Section V ("General Terms") shall survive termination. D. Miscellaneous. 1. Trademark. You agree to comply with BIS's Trademark & Logo Usage Requirements, as modified from time to time, available at http://www.bisguard.com/termsofuse.html. Except as expressly provided in this License, You are granted no rights in or to any BIS trademarks now or hereafter used or licensed by BIS. 2. Integration. This License represents the complete agreement of the parties concerning the subject matter hereof. 3. Severability. If any provision of this License is held unenforceable, such provision shall be reformed to the extent necessary to make it enforceable unless to do so would defeat the intent of the parties, in which case, this License shall terminate. 4. Governing Law. This License is governed by the laws of Israel, as applied to contracts entered into and performed in Israel between Israel residents. In no event shall this License be construed against the drafter. 5. Export Control. You agree to comply with Israel export controls and trade laws of other countries that apply to Technology and Modifications. COPYRIGHT NOTICE: Copyright (c) 2005 BIS Guard & Co. POB 45264, 91450 Jerusalem, ISRAEL. The BIS(tm) algorithm is subject to patent claims by BIS Guard & Co. (#150933, applied for July 2002) and is licensable. Permission to use, modify, and recompile this software for NON-COMMERCIAL purposes only and without fee is hereby granted. For COMMERCIAL use please refer to http://www.bisguard.com/termsofuse.html. The original version of this source code, java(tm) class files, and documentation is copyrighted and owned by BIS Guard & Co. The BIS(tm) technology is protected by multiple Israeli and International patents. This notice and attribution to BIS Guard & Co. may not be removed. BIS GUARD & CO. CAN NOT MAKES MORE REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE SOFTWARE THAN UNDERLYING JAVA(TM) PLATFORM. Third-party software, including cipher algorithm, is copyrighted and licensed from BIS Guard & Co. suppliers.
