OPEN TEXT NO-FEE LICENSE FOR LIBRARY

DEFINITIONS:

"OpenText" and "Licensor" refers to Open Text Corporation.

"Library" or "Libraries" refers to a collection of pre-written code, functions, or routines provided by OpenText designed to be reused by other software applications.

"Program" means a Library or Libraries, including any updates thereto.

"Program Resources" refers to Program support materials including but not limited to samples, manuals, training supplements that may be provided from time-to-time by OpenText.

"You", "Your" and "Licensee" refers to (i) a company or organization accessing the Program, if use of the Programs will be on behalf of such a company or organization; or (ii) an individual accessing the Program if use of the Program will not be on behalf of a company or organization.

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Use of this Program is governed by the license terms set forth below, unless the Program is received (alone or as part of another OpenText product) under a separately licensed OpenText agreement, in which case use of the Program is governed solely and exclusively by such a separately licensed agreement with OpenText.

1. LICENSE GRANT: OpenText grants You a non-exclusive, non-transferable license to:

    (a) use the unmodified Program for the purposes of developing, testing, prototyping, demonstrating, and in the production of your applications, and running the Program for Your own personal use or business operations; and

    (b) redistribute the unmodified Program, under this license, provided that You do not charge Your licensees any fees associated with such distribution or use of the Program.

    You may make copies of the Program to the extent reasonably necessary for exercising the license granted herein and for backup purposes.

    Licensed rights not granted herein are reserved to the Licensor (OpenText).

2. OWNERSHIP OF INTELLECTUAL PROPERTY: OpenText retains ownership and Intellectual Property Rights to the Program and Program Resources. Intellectual Property Rights means all intellectual property and other similar proprietary rights in any jurisdiction, whether registered or unregistered, including rights in and to: (i) works of authorship, copyrights in both published and unpublished works, moral rights, and rights in mask works, and all related registrations and applications for registration and extensions and, as well as all rights in compilations, databases, data collections or other collections of information, data, works or other materials; (ii) Internet domain names and other Internet addresses or identifiers; (iii) trademarks, service marks, rights in trade names, trade dress, logos, certification marks, packaging and other designs, slogans, business names, brand names and all other indicia of origin, and all related registrations, applications for registration, and renewals, and all goodwill associated with any of the foregoing; (iv) patents, patent applications, utility models, design rights, and all related patent rights, together with all reissuances, divisionals, continuations, continuations-in-part, revisions, renewals, extensions and reexaminations and foreign counterparts thereof, and any inventions and invention disclosures, whether or not patentable; (v) trade secrets (including those trade secrets defined in the Uniform Trade Secrets Act and under corresponding state or foreign statutory law and common law), know-how, technologies, processes, techniques, protocols, methods, formulae, product specifications, data, algorithms, compositions, industrial models, architectures, layouts, designs, drawings, plans, specifications, methodologies, ideas, research and development, and confidential, proprietary or non-public business or technical information (including technical data, customer and supplier lists, pricing and cost information, and business and marketing plans and proposals); (vi) software; (vii) any similar, corresponding or equivalent rights to any of the foregoing; and (viii) all rights to prosecute and perfect the foregoing through administrative prosecution, registration, recordation, or other proceeding, and all causes of action and rights to sue or seek other remedies arising from or relating to the foregoing, including for any past or ongoing infringement, misuse or misappropriation.

3. WARRANTY: THE PROGRAM AND PROGRAM RESOURCES IS/ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. OPEN TEXT FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.

    IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW WILL OPEN TEXT BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS), EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Inability to Exclude Warranties. If a jurisdiction applicable to this license restricts the exclusion of certain implied warranties, limitations on how long an implied warranty may last, or the exclusion or limitation of incidental, consequential, or special damages: (a) each warranty which cannot be excluded is limited in time to 60 days from the date of deployment of the Program; and (b) OpenText's total liability to You for breach of all such warranties are limited to the amount stated in the Disclaimer.

4. TERMINATION OF LICENSE: OpenText may terminate this license to You, for convenience and/or without cause, upon thirty (30) days' written notice at any time.

    OpenText may terminate for breach of this license immediately by giving You written notice of termination if You fail to cure any breach of or default under this license.

    Upon termination (a) all Your benefits and licenses under this agreement will immediately cease and terminate, and (b) You will immediately return to OpenText or destroy, at OpenText's option, any and all copies of any Program Resources. OpenText will have no liability or obligation of any kind to You arising out of or in connection with any termination under this Section.

5. ATTRIBUTION NOTICES: You will not remove, modify, obscure, resize, or relocate any ownership, attribution, or branding notices from the Program and Program Resources.

Last modified: October 2, 2024.