This binary code license ("License") contains rights and restrictions associated with use of the accompanying SwiftMQ software and documentation ("Software"). Read the License carefully before using the Software. By using the Software you ("Licensee") agree to the terms and conditions of this License.
IIT grants you a revocable, non-exclusive and non-transferable license for the internal use of the Software. Software is licensed on a per-copy-base where one copy is (a) SwiftMQ Router: a single instance of a SwiftMQ Router on a single physical hardware, or (b) SwiftMQ High Availability Router: two High Availability instances of the same logical SwiftMQ Router on a single or different physical hardware, or (c) Swiftlets: a deployment of a non-standard Swiftlet on a single SwiftMQ Router whereas a SwiftMQ High Availability Router with two High Availability instances count as single logical SwiftMQ Router and requires only a single non-standard Swiftlet license.
IIT grants you a revocable, non-exclusive and non-transferable license to use, market, distribute and license the Software as a part of your product(s) or application(s) in the number of copies you have purchased from IIT, provided that all titles, trademarks, and copyright, proprietary and restricted rights notices shall be reproduced in all such copies, and that all such copies shall be subject to the terms of this License. You may not, and may not permit End-Users to use, reproduce, sublicense, modify or distribute of the Software, in whole or in part, except as expressly permitted under this License.
Software is confidential copyrighted information of IIT and title to all copies is retained by IIT. Licensee shall not decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Software may not be copied, other than a single copy of Software for archival purposes, leased, assigned, redistributed, or sublicensed, in whole or in part, except as specifically authorized in Section 2 "License to Redistribute".
As an essential and material inducement to you under this License, upon which you shall be entitled to rely, you (a) represents and warrants that the Software which is redistributed with your product(s) or application(s) do not compete commercially with the Software; and (b) covenants that the rights granted to you under with this License will not be used to compete commercially with the Software as an embedded messaging system.
IIT reserves the right to audit usage of the Software at any time without prior notice. You agree to allow IIT unrestricted access to all installations of the Software for audit purposes.
You may disclose the results of any benchmark test of the Software or its subcomponents to any third party provided that you (a) publicly disclose the complete methodology used in the benchmark test (e.g., hardware and software setup, installation procedure and configuration files), (b) perform your benchmark testing running the Software in its Specified Operating Environment using the latest applicable updates, patches and fixes available for the Software from IIT, and (c) follow any and all performance tuning and "best practices" guidance available in the Software's documentation and on IIT's support web sites for the Software. If you publish the results of any benchmark tests for the Software, then notwithstanding anything to the contrary in any agreement between you and IIT, IIT shall have the right to publish the results of benchmark tests with respect to your products provided IIT complies with the requirements of (a), (b) and (c) above in its testing of your products.
This License does not authorize Licensee to use any IIT name, trademark or logo. Licensee acknowledges that IIT owns the SwiftMQ and Swiftlet trademark.
Software is provided "AS IS", without a warranty of any kind. ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED.
IIT AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED BY LICENSEE OR ANY THIRD PARTY AS A RESULT OF USING OR DISTRIBUTING SOFTWARE. IN NO EVENT WILL IIT OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF IIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Any action related to this License will be governed and controlled by German law. No choice of law rules of any jurisdiction will apply.
If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived or amended to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in IIT's opinion deletion or amendment of any provisions of the License by operation of this paragraph unreasonably compromises the rights or increase the liabilities of IIT or its licensors, IIT reserves the right to terminate the License.