Sixth and Red River Software (“Licensor”) will license the software application (“Software” as defined below) to the company, open source development group or individual specified in the License Certificate (“Licensee”) for the described license fee, upon the condition that Licensee accept all of the Terms and Conditions of this License Agreement for Open Source Development (“Agreement”). Please read the Terms and Conditions of this Agreement before you press the “Accept” button at the bottom of this page. If you do not agree to the Terms and Conditions of this page please press the “Do Not Accept” button at the bottom of this page and the installation process will not proceed.

1. DEFINITIONS
(a) “Authorized User” means any software developers, systems and network administrator, or other user authorized by Licensee to use the Software solely for purposes of open source development.
(b) “Software” means the software program downloaded in connection with this Agreement in binary form, including its documentation, any third party software programs that are owned and licensed by parties other than Licensor and that are either integrated with or made part of the Software (collectively, “Third Party Software”).
(c) “License Certificate” means evidence of a license provided by Licensor to Licensee in electronic or printed form.

2. OWNERSHIP
(a) The Software is the property of Licensor and/or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor and/or its suppliers and Licensee hereby assigns any such modifications, enhanccements, derivates and other alterations of the Software to Licensor.
(b) The Software is protected by United States Copyright Law and International Treaty provisions. Further, the structure, organization, and code embodied in the Software are the valuable and confidential trade secrets of Licensor and its suppliers and are protected by intellectual property laws and treaties. Licensee agrees to abide by the copyright law and all other applicable laws of the United States and any other jurisdiction including, but not limited to, export control laws. Licensee shall comply with all then-current export and import laws and regulations of the United States and such other governments as are applicable when distributing or using the Software. Licensee hereby certifies that it will not directly or indirectly export, re-export, transship, or transmit the Software, or any portion thereof, or related information, media, or products in violation of United States laws and regulations.

3. GRANT OF LICENSE
Subject to the terms, conditions, and limitations set forth in this Agreement, Licensor hereby grants to Licensee a limited, nonexclusive, nontransferable one (1) year license to use the Software as follows:
(a) Licensee may: (i) allow Authorized Users to install and use the Software on multiple computers and operating systems solely for the purpose of open source development, and (ii) make one back-up copy of the Software solely for archival purposes.
(b) Licensee may not: (i) sell, redistribute (except as set forth in Paragraph 5 herein), encumber, give, lend, rent, lease, sublicense, or otherwise transfer the Software, or any portions of the Software, to anyone without the prior written consent of Licensor; (ii) reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software, or create derivative works from the Software; (iii) install the Software on, or run the Software from, a network server; or (iv) use the Software for any other commercial purpose.

4.LICENSE TO DISTRIBUTE REDISTRIBUTABLE
In addition to the license granted herein, Licensor grants to Licensee a non-exclusive, limited license to use the files located in the “redist” folder in the Software installation under the terms of the Apache License, Version 2.0. Licensee may obtain a copy of the Apache License at www.apache.org/licenses/LICENSE-2.0. Unless required by applicable law or agreed in writing, software distributed under the Apache License is distributed on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied. See the Apache License for the specific language governing permissions and limitations under the Apache License.

5. THIRD PARTY SOFTWARE LICENSE
Third Party Software is licensed to Licensee in accordance with a separate license agreement(s) included with the Software, and subject to any restrictions set forth herein. Licensee agrees to abide by the terms and conditions of the Third Party Software license agreements. Licensor will have no responsibility with respect to any Third Party Software, and Licensee will look solely to the licensor(s) of the Third Party Software for any remedy. Licensor claims no right in the Third Party Software and the Third Party Software is owned exclusively by the licensor(s) of such Third Party Software. LICENSOR PROVIDES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH RESPECT TO ANY THIRD PARTY SOFTWARE.

6. LIMITED WARRANTY
The Software is provided without warranty in its current “AS IS” condition. LICENSOR MAKES NO WARRANTY OF ANY KIND WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

7. DISCLAIMER OF DAMAGES
IN NO EVENT SHALL LICENSOR BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT PAID HEREUNDER DURING THE ONE YEAR PERIOD PRECEDING THE CLAIM AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOOD WILL EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGE, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.

8. U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the Software by the Government constitutes acknowledgment of Licensor proprietary rights in the Software.

9. TERMINATION
If Licensee fails to comply with the terms and conditions of this Agreement, this Agreement and Licensee’s right and license to use the Software will terminate immediately. Licensee may terminate this Agreement at any time by notifying Licensor. Upon the termination of this Agreement, Licensee must immediately delete the Software from its computers and archives. LICENSEE AGREES AND ACKNOWLEDGES THAT UPON TERMINATION OF THIS AGREEMENT FOR ANY REASON, LICENSOR MAY TAKE ANY ACTIONS SO THAT THE SOFTWARE NO LONGER OPERATES.

10. MARKETING
Licensee agree to be identified as a customer of Licensor and that Licensor may refer to Licensee by name, trade name and trademark, if applicable, and may briefly describe Licensee’s business in Licensor’s marketing materials, on Licensor’s web site, and in public documents. Licensee hereby grants Licensor a license to use Licensee’s name and any of Licensee’s trade names and trademarks pursuant to this marketing section.

11. GENERAL
(a) Licensor is under no obligation to support or provide maintenance for the Software or to provide any updates or enhancements. Licensor reserves the right at any time to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
(b) This Agreement, including the Third Party Software license agreements, constitutes the entire agreement between the parties concerning Licensee’s use of the Software, and supersedes any and all prior or contemporaneous oral or written representations, communications, or advertising with respect to the Software. No purchase order, other ordering document or any hand written or typewritten text which purports to modify or supplement the printed text of this Agreement will add to or vary the terms of this Agreement unless signed by both Licensee and Licensor.
(c) No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy. The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement will be enforceable notwithstanding such expiration or termination.
(d) This Agreement will be governed by the laws of the State of Georgia, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this Agreement may only be brought in, and will be subject to the jurisdiction of, any court located in Atlanta, Georgia.
(e) Titles are inserted for convenience only and will not affect in any way the meaning or interpretation of this Agreement. Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary in order for this Agreement to remain in effect in accordance with its terms as modified by such reformation. Licensee may not assign this Agreement without the prior written consent of Licensor, which consent may be withheld in Licensor’s sole discretion.