MyEclipse Blue Edition is an integrated development environment (IDE) with specialized development tools and support features specifically for the WebSphere 6.x and 5.X application server platforms. As an affordable alternative to Rational Application Developer 7.x, MyEclipse Blue Edition focuses on improving developers' productivity by simplifying the development lifecycle in the delivery of UML, Web, J2EE/JEE, XML, JSP , JSF, Struts, Ajax, EJB3/JPA, Spring, Hibernate, enterprise reporting and database applications. Currently supported platforms are Windows and Linux. MyEclipse Blue Edition is based on the Eclipse platform.
PLEASE READ THIS END-USER LICENSE CAREFULLY BEFORE USING THE SOFTWARE. REGARDLESS OF HOW YOU ACQUIRE THE SOFTWARE (ELECTRONICALLY, PRE-LOADED, ON MEDIA OR OTHERWISE), DOWNLOADING, INSTALLING OR USING THE SOFTWARE SHALL INDICATE YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS CONTAINED IN THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS END-USER LICENSE AGREEMENT AND THE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.
1.0 Definitions. 1.1)'Licensor' means Genuitec L.L.C.; 1.2)'Subscriber' means registered members of the MyEclipse community who's dues have been paid in full; 1.3)'Update' shall refer to maintenance releases specific to the Software, as they will be made by Licensor under no obligation or commitment to do so; 1.4)'Software' shall mean the release version of MyEclipse Blue Edition, including any Content, as downloaded by Subscriber or as provided on the distribution media in physical or electronic form; 1.5)'Term' refers to the effective duration of the license agreement and is effective for 12 months following possession of this software; 1.6) ‘Agreement’ shall mean this End User License Agreement; 1.7) ‘Content’ means all software and information in executable, binary or text form included in the distribution media, on-line or in electronic form, embedded data, programming, HTML, files, images, graphics, icons, Documentation and all other content or materials incorporated in or generated under the terms of this Agreement; and 1.8) ‘Documentation’ refers to published product specifications and accompanying documentation.
2.0 License. The Software is protected by copyright under United States, foreign laws and international treaties. Unauthorized use of the Software may violate copyright, trademark and other laws. Licensor grants Subscriber the non-exclusive, non-transferable right and license to permit one End User the use of the Software on computer workstations located at his/her normal places of business, during the Term and subject to the terms and conditions of the Agreement. If Licensor provides Updates to Subscriber during the Term, the Updates will be provided at no additional charge. The terms of the Agreement will apply to all Updates provided to Subscriber. This grant is not a transfer of title, and under this license Subscriber may not: a) use, republish, upload, post or transmit in any way the Software except as expressly authorized pursuant to the Agreement; b) copy, reproduce, modify or create derivative works from the Software except as expressly authorized pursuant to the Agreement; c) attempt to decompile, disassemble or reverse engineer the Software; d) remove any copyright or other proprietary notations from the Software; e) distribute, transfer, sale, lease, sublicense, assign or otherwise make available, directly or indirectly, the Software, in part or in whole, including any search output or results, to any other person; f) except as may be specifically provided in the Agreement, permit the Software to be accessed through an electronic network beyond Subscriber's normal places of business; or g) transfer the Software to another person or 'mirror' the Software on external servers.
3.0 Limitation of Liability. Licensor assumes no responsibility for the selection of the Software to achieve any intended purpose, for the proper use of Software or for verifying the results obtained from use of the License. Licensee recognizes that the Software will interact with software provided by other suppliers, and accepts that Licensor assumes no responsibility for such use, interaction, performance issues, or failure to achieve any desired results. We warrant that for a period of 90 days after delivery of this copy of the Software: a) if the Software is provided on physical media by Licensor, the physical media on which this copy of the Software is provided to you will be free from defects in materials and workmanship under normal use, and b) the Software will perform in substantial accordance with the Documentation. To the extent permitted by applicable law, the foregoing limited warranty is in lieu of all other warranties or conditions, express or implied, and we disclaim any and all implied warranties or conditions, including any implied warranty of title, non-infringement, merchantability or fitness for a particular purpose, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation may not apply to you. Licensor entire liability and Subscriber exclusive remedy for breach of the foregoing warranty shall be, at our option, to either: a) return the price you paid, or b) repair or replace the Software that does not meet the foregoing warranty if it is returned to us with a copy of your receipt. In no event will Licensor be liable to you for any damages, including any lost profits, lost savings, or other incidental or consequential damages arising from the use or the inability to use the Software (even if Licensor or an authorized dealer or distributor has been advised of the possibility of these damages), or for any claim by any other party.
4.0 Termination of Agreement. The Agreement takes effect upon your use of the Software and remains effective until terminated. The Agreement shall immediately and automatically terminate without notice or any other act upon i) the expiry of the Term; ii) the attempted illegal copying, distribution, transfer, assignment, lease or sale of the Software, or rights thereto, without the prior written consent of Licensor; or iii) notice in writing given by one party to the other upon the violation by that party of any provision of this Agreement. Upon termination of the Agreement, Subscriber will forthwith cease use of the Software and destroy all original and copies of the Software or any portion thereof, stored in any form, including electronic form on any of its computer equipment. Upon Licensor's request, Subscriber will provide a written certification that all the copies of the License, in whole or in part in any form have been destroyed. Failure to do so may result in additional fees and charges being levied against Subscriber. Any and all use of the Software by Subscriber following termination of the Agreement is prohibited and may result in additional fees and charges being levied against Subscriber.
5.0 Confidentiality. The Software contains trade secrets and proprietary know-how that belong to the Licensor and it is being made available to you in strict confidence. Any use or disclosure of the Software, or of its algorithms, protocols or interfaces, other than in strict accordance with the Agreement may be actionable as a violation of Licensor trade secret rights.
6.0 Indemnity. Subscriber will indemnify Licensor and hold it harmless from and against any and all claims which a third party may assert against Licensor by reason of or as a consequence of Subscribers use of the Software.
7.0 General Provisions. The Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, oral and written, express or implied, by and between any of the parties with respect to the subject matter of this Agreement. No amendment or modification of the Agreement shall be binding unless in writing and signed by a duly authorized representative of both parties. The Agreement shall be governed by and construed in accordance with the laws of the State of Texas and federal laws of the United States. Any actions at law or in equity arising out of or in relation to the Agreement may be filed only in the state or federal courts of Dallas, Texas, U.S.A. and Subscriber hereby consents and submits to the personal and exclusive jurisdiction of such courts. If any one or more of the provisions contained in the Agreement should be invalid, illegal or unenforceable in any respect in any jurisdiction, the validity, legality and enforceability of such provision or provisions shall not in any way be affected or impaired as a result of such event in any other jurisdiction and the validity, legality and enforceability of the remaining provisions contained in the Agreement shall not in any way be affected or impaired as a result of such event, unless in either case as a result of such determination the Agreement would fail in its essential purpose.
8.0 Copyright and Trademark Notices. The WebSphere Application Server and the Rational Application Developer are registered trademarks of International Business Machines Corporation in the United States; and/or other countries. The Software is copyright © 2004-2013 Genuitec, LLC. 2221 Justin Rd #119-340, Flower Mound Texas 75028. Any rights not expressly granted herein are reserved to the Licensor.