Sonic Software License Agreement

BEFORE YOU CLICK ON THE "Submit" BUTTON AT THE END OF THIS DOCUMENT, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "Submit" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT.

SONICMQ CLIENT VERSION 4.02 END USER SOFTWARE LICENSE AGREEMENT
 
CAUTION: IF YOU DOWNLOAD OR INSTALL THE SOFTWARE YOU WILL BE DEEMED TO HAVE ACCEPTED THE TERMS OF THIS LICENSE AGREEMENT.  Subject to the following terms and conditions, Sonic Software Corporation ("SSC") grants to you ("User") a non-exclusive license to use the Software.
 
1. Scope of License
This is a worldwide, royalty-free, non-exclusive license.  SSC grants the User the right to use , the Software for its own internal business purposes on a per machine basis, subject to and in accordance with the terms and conditions of this Agreement.  SSC does not guarantee any rights to updates or upgrades of the Software, nor any maintenance or support relating to the Software.  The Software may not be transferred, sold, assigned, leased, rented, sublicensed, or otherwise conveyed, in whole or part, by User to another party without SSC's prior written consent.
 
2. Sonic Software's Rights
The Software is a proprietary product of SSC, or its licensors, and is protected by copyright law. By virtue of this Agreement, User acquires only the non-exclusive right to use the Software in accordance with Section 1.  User does not acquire any rights of ownership in the Software.  SSC or its licensors, shall at all times retain all right, title, and interest in the Software.
 
3. Restrictions
User acknowledges that the Software is the valuable proprietary and trade secret information of SSC or its licensors.  User agrees not to cause or permit the reverse engineering, disassembly, or decompilation of the Software.  If  the Software is  licensed to User for use in a country which is a member of the European Community, User may reverse engineer and/or decompile the  Software to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purposes and to the extent that sufficient information is not provided by SSC upon written request).  Furthermore, User is not restricted in a country which is a member of the European Community from observing, studying or testing the functioning of the  Software solely in order to understand the ideas and principles which underly any element of the Software.  User agrees not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software.
 
4. DISCLAIMER OF WARRANTY
SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, USER  ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.  Without limiting the foregoing warranty disclaimers, User acknowledges that the Software contains IBM technology that is licensed to User  "AS IS" without warranty of any kind, whether express or implied.  Neither SSC nor IBM assume any liability for any claim that may arise regarding the use of such IBM technology. The Software includes software developed by the Apache Software Foundation  (http://www.apache.org/).  Copyright  1999-2000 The Apache Software Foundation.  All rights reserved.  The names "Xerces" and "Apache Software Foundation" must not be used to endorse or promote products derived from the Software without prior written permission.  Any product derived from the Software may not be called "Apache", nor may "Apache" appear in their name, without prior written permission.  For written permission, please contact apache@apache.org.  No GNU public license or similar open source licenses contained within the Software shall be removed or modified and no proprietary rights notices or agreements accompanying the Software shall be deleted.
 
5. Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL SSC BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
 
6. Export Administration
The Software, including technical data, are subject to U.S. export control laws, including, without limitation, the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. User shall not directly or indirectly export or re-export the Software, or the direct product thereof, without first obtaining SSC's written approval. User agrees to comply strictly with all regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import the Software.  The Software may not be downloaded, or otherwise exported or re-exported (i) into, or to a national or resident of, Cuba, Iraq, Iran, North Korea, Libya, Sudan, Syria, or any country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nations or the U.S. Commerce Department's Table of Denial Orders.
 
7. U.S. Government Restricted Rights
The Software is provided with RESTRICTED RIGHTS.  Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3 (a) (1995), DFARS 252.227-7013 (c) (1) (ii) (Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT III) (June 1987), as applicable.  Contractor/manufacturer is Sonic Software Corporation, 14 Oak Park Drive, Bedford, MA  01730.  Unpublished-all rights reserved under the copyright laws of the United States.
 
8. Java Platform Interface
In the event that User creates any Java-related Application Programming Interface ("API") and distributes such API to others for applet or application development, User must promptly publish broadly, an accurate specification for such API for free use by all developers of Java-based software.  User may not modify the Java Platform Interface ("JPI", identified as classes contained within the "java", "javax" or "sun" package or any subpackages of the "java", "javax" or "sun" packages or similar as specified by Sun Microsystems Inc. in any class file naming convention), by creating additional classes within the JPI or otherwise causing the addition to or modification of the classes in the JPI.
 
9. Termination
This License and the rights granted hereunder will terminate automatically if User fails to comply with terms herein.  Provisions which, by their nature, must remain in effect beyond the termination of this License shall survive.
 
10. Miscellaneous
THIS AGREEMENT IS THE COMPLETE AGREEMENT BETWEEN THE PARTIES WITH RESPECT TO THE  SOFTWARE AND SUPERCEDES ANY OTHER COMMUNICATION OR ADVERTISING WITH RESPECT TO THE  SOFTWARE. Except as otherwise expressly set forth herein, this Agreement is governed by the laws of the Commonwealth of Massachusetts, excluding conflict of laws provisions.

Please click on the "Submit" button to acknowledge your acceptance of the terms and conditions of this Agreement and proceed with the download process.

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Progress Software Corporation supplies business application platform, soa infrastructure and data infrastructure software that simplifies and accelerates the development, deployment, integration and management of business applications and Service-Oriented Architecture (SOA). Our superior business application platforms include Progress OpenEdge for high performance SOA integration and software as a service (SaaS), and Progress Apama for complex event processing. Our innovative event-driven SOA infrastructure solutions include Progress Sonic Enterprise Service Bus (ESB), Progress DataXtend semantic data integrator, Progress Actional SOA management and SOA governance, and DataDirect data connectivity for mainframe SOA and web services. Our data infrastructure products include DataDirect Connect for database driver and data provider connections to relational databases and XML data integration, EasyAsk for enterprise search and e-commerce, and ObjectStore object data management.

Our Progress Sonic product line includes standards-based enterprise application integration software that enables companies to build agile and effective event-driven SOA deployments. Sonic ESB, the industry's first enterprise service bus, reliably connects, mediates and orchestrates services. SonicMQ is enterprise messaging middlware that delivers continuous availablility. Sonic products deliver the core SOA infrastructure solutions for companies who support a federated or distributed environments that require end-to-end visibility of business events.