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-Zend Technologies Ltd.
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-
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-End-User License Agreement
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-
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-This End-User License Agreement (this "Agreement") is a legal contract between
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-you, as either an individual or a single business entity, and Zend Technologies
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-Ltd. and its affiliates ("Zend").
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-
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-READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING OR
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-INSTALLING ZEND'S PROPRIETARY SOFTWARE (THE "SOFTWARE") OR OBTAINING A LICENSE
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-KEY TO THE SOFTWARE OR USING THE SOFTWARE. THE SOFTWARE IS FURTHER DEFINED IN
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-AN ORDER DOCUMENT (AN "ORDER"), ENTERED INTO BETWEEN YOU AND ZEND OR YOU AND A
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-ZEND RESELLER, WHICH SETS FORTH COMMERCIAL TERMS APPLICABLE TO YOUR PURCHASE OF
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-THE SOFTWARE. THE SOFTWARE IS COPYRIGHTED AND IT IS LICENSED TO YOU UNDER THIS
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-AGREEMENT AND IS NOT SOLD TO YOU. BY DOWNLOADING, INSTALLING OR USING THE
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-SOFTWARE OR OBTAINING A LICENSE KEY TO THE SOFTWARE, OR BY ENTERING INTO AN
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-ORDER WHICH REFERENCES AND PROVIDES SOURCE INFORMATION NECESSARY FOR ACCESSING
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-AND REVIEWING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
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-AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU ACCEPT AND AGREE TO BE BOUND BY
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-ITS TERMS. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS AGREEMENT,
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-YOU SHOULD TERMINATE THE DOWNLOAD OR INSTALLATION PROCESS, AND REFRAIN FROM
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-ACCESSING OR USING THE SOFTWARE. THIS AGREEMENT, INCLUDING ANY ORDERS,
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-REPRESENTS THE ENTIRE AGREEMENT BETWEEN YOU AND ZEND CONCERNING THE SOFTWARE,
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-AND THIS AGREEMENT SUPERSEDES AND REPLACES ANY PRIOR PROPOSAL, REPRESENTATION,
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-OR UNDERSTANDING YOU MAY HAVE HAD WITH ZEND RELATING TO THE SOFTWARE UNLESS YOU
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-HAVE ENTERED INTO A SEPARATE WRITTEN AGREEMENT SIGNED BY ZEND THAT EXPRESSLY
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-AMENDS THIS AGREEMENT.
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-
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-1. License
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-
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-1.1. Grant of License
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-
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-Zend hereby grants to you, and you accept, a limited, nonexclusive,
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-non-transferable license to use the Software in machine-readable, object code
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-form only, and the user manuals accompanying the Software (the
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-"Documentation"), only as authorized in this Agreement, and subject to
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-compliance with the terms of this Agreement, and payment of all applicable
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-license fees. For purposes of this Agreement, the "Software" includes any
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-updates, enhancements, modifications, revisions, or additions to the Software
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-made available to you by Zend. Notwithstanding the foregoing, Zend shall be
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-under no obligation to provide any updates, enhancements, modifications,
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-revisions, or additions to the Software. The term of your license is as set
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-forth in the Order. If the Order does not state a term, then the term of the
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-license shall be for a period of one (1) year from the earlier of your download
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-or installation of the Software. The term of your license is renewable on terms
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-set forth in the Order or otherwise as agreed by Zend.
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-
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-1.2. Scope of Use
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-
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-You may use the Software activated by a license key for the number of computers
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-(virtual or physical) owned, leased, or otherwise controlled by you, at rates
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-specified for metered usage or for the number of users, as specified in an
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-Order. An Order may also specify other applicable license scope definitions.
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-For purposes of this Agreement, "use" of the Software means loading the
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-Software into the temporary or permanent memory of a computer and executing the
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-Software. If you distribute the Software to multiple computers or users, you
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-must ensure that your usage does not exceed the usage for which you have paid
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-license fees, or you will be in breach of this Agreement unless the order is
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-for meter use. If the Order does not state a scope of license, then the scope
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-of license for the Software shall be for a single user on a single computer or
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-shall be metered at the applicable rate.
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-
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-1.3. Restrictions, Copies and Modifications
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-
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-You may not reverse engineer, decompile, disassemble, or otherwise translate
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-the Software or any license keys you have obtained. You may not modify or adapt
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-the Software or any license keys that you have obtained in any way. You may
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-make one copy of the Software, the Documentation, and any license keys that you
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-have obtained, solely for backup or archival purposes. Any such copies of the
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-Software, Documentation, or license keys shall include any copyright or other
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-proprietary notices that were included on such materials when you first
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-received them. Except as authorized in this Section, no copies of the Software,
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-Documentation, or license keys, or any portions thereof, may be made or
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-distributed by you or any person under your authority or control. You may not
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-allow third party use of the Software or use of the Software as a service
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-bureau.
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-
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-1.4. Assignment of Rights
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-
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-You will not sublicense, lease, rent, or lend your rights in the Software,
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-Documentation, or license keys, as granted by this Agreement, to any party
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-without prior written consent of Zend.
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-
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-1.5. Product Specific Special Terms
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-
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-The provisions of this Section are applicable to the specific product mentioned
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-and are exceptions to other provisions of this Agreement, and serve to modify
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-such provisions only to the extent such provisions relate to these products.
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-
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-Zend Server - There are multiple editions of Zend Server, each with different
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-functionality and Service Level Agreements (SLA). Notwithstanding anything to
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-the contrary set forth in this Agreement, you are permitted to duplicate and
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-distribute the Zend Server product, on a standalone basis or combined with
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-other products, provided (i) you do not make any modifications to Zend Server
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-and distribute the entire Zend Server product, (ii) you do not modify or remove
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-any proprietary rights notices or markings, or remove or modify this Agreement
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-as included in any such distribution, (iii) you clearly indicate that Zend
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-Server is included in your distribution, (iv) you do not use Zend's name, logos
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-or trademarks or the name, logos and trademarks of any included third party
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-software in any way that might state or imply Zend's or a third party's
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-endorsement of your product, and (v) you do not transfer with any such copy any
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-license keys for Zend Server. You are not allowed to operate Zend Server
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-without a valid license.
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-
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-Zend Server Developer Edition - Zend Server Developer Edition is limited to use
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-in Development and may not be used in Production.
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-
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-Zend Studio - Zend Studio is not available for you to distribute. If the
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-license key for Zend Studio expires and is not renewed for a subscription or
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-limited term license, Zend Studio will continue to operate with only reduced
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-functionality. This reduced functionality version is licensed on a perpetual
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-basis, without charge, subject to compliance with the terms of this Agreement.
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-
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-Zend Guard - Zend Guard is not available for you to distribute. However, you
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-may distribute Zend Optimizer and Zend Guard Loader (the runtime c components
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-for encoded files) to your end customers, provided that your end user customers
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-enter into an end user agreement that contains at a minimum the following
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-provisions covering the Zend embedded components: (i) prohibits reverse
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-compilation and/or reverse assembly, (ii) disclaims all warranties, and (iii)
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-disclaims liability for any indirect, incidental or consequential damages.
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-
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-2. Intellectual Property Protection and Confidentiality
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-
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-2.1. Use Reporting, License Violations and Remedies
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-
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-Zend reserves the right to gather data on license key usage including license
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-key numbers, server IP addresses, domain counts and other information deemed
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-relevant, to ensure that our products are being used in accordance with the
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-terms of this Agreement. Additionally, you agree that Zend may, upon reasonable
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-notice, perform an audit of your facilities to verify compliance with the terms
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-of this Agreement. Any unauthorized use shall be considered by Zend to be a
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-violation of this Agreement. Zend reserves the right to remedy violations
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-immediately upon discovery, by charging the then-current list price of
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-unauthorized license keys. This is not a sole remedy for a violation of this
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-Agreement and Zend may exercise any other remedies available at equity or law.
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-
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-2.2. License Automatic Update and Expiration
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-
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-Your license may include an expiration date that can result in the termination
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-of the license. There is no expiration date for perpetual license keys,
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-however upgrades and support are only available if you purchase support
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-from Zend. Zend may terminate your license if it determines that a license is
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-used in violation of the terms of this Agreement. If your license key is
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-stolen, or if you suspect any improper or illegal usage of your license key
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-outside of your control you should promptly notify Zend of such occurrence. A
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-replacement license will be issued to you and the suspect license will be
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-allowed to expire. For limited-term licenses, your periodic payment must be
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-processed prior to the expiration date in order for the license updates to be
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-performed. It is your responsibility to contact Zend regarding any potential
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-expiration that you deem inappropriate. Zend shall not be liable for any
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-damages or costs incurred in connection with the expired licenses.
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-
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-2.3. Proprietary Rights to Software and Trademarks
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-
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-You acknowledge that the Software and the Documentation are proprietary to
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-Zend, and the Software and Documentation are protected under United States
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-copyright law and international treaties. You further acknowledge and agree
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-that, as between you and Zend, Zend owns and shall continue to own all right,
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-title, and interest in and to the Software and Documentation, including
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-associated intellectual property rights under copyright, trade secret, patent,
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-or trademark laws. This Agreement does not grant you any ownership interest in
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-or to the Software or the Documentation, but only a limited right of use that
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-is revocable in accordance with the terms of this Agreement. Any and all
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-trademarks or service marks that Zend uses in connection with the Software or
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-with services rendered by Zend are marks owned by Zend. This Agreement does not
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-grant you any right, license, or interest in such marks, and you shall not
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-assert any right, license, or interest in such marks or any words or designs
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-that are confusingly similar to such marks.
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-
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-2.4. Confidentiality
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-
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-You shall permit only authorized users, who possess rightfully obtained license
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-keys, to use the Software or to view the Documentation. Except as expressly
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-authorized by this Agreement, you shall not make available the Software,
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-Documentation, or any license key to any third party. You will use your best
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-efforts to cooperate with and assist Zend in identifying and preventing any
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-unauthorized use, copying, or disclosure of the Software, Documentation, or any
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-portion thereof.
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-
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-3. License Fees
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-
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-The Software will be available to you for use upon your receipt of a license
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-key. You may obtain one or more license keys by ordering the license keys from
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-Zend or a Zend reseller, as the case may be. The license fees paid by you for
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-the license keys are paid in consideration of the license granted under this
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-Agreement. You shall, in addition to license fees, pay all applicable sales,
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-use, transfer, or other taxes and all duties, whether national, state, or
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-local, however designated, that are levied or imposed by reason of your
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-purchase and use of the Software, excluding income taxes on the net profits of
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-Zend.
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-
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-4. Software Maintenance and Support Services
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-
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-Zend Server Products are available only on a subscription basis. There are
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-multiple versions of Zend Server, each with different functionality and SLA.
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-
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-For Zend Studio and Zend Guard, you may elect to purchase Software upgrade and
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-support services by so ordering from Zend or a Zend reseller and paying the
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-applicable fees.
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-
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-5. Term and Termination
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-
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-This Agreement is effective upon your acceptance of the Agreement, or upon your
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-downloading, installing, accessing, or using the Software, even if you have not
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-expressly accepted this Agreement. This Agreement shall continue in effect
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-until terminated. Without prejudice to any other rights, this Agreement will
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-terminate automatically if you fail to comply with any of the limitations or
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-other requirements described herein. If you are licensing the Software on a
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-limited term basis, and fail to pay the applicable license fees or renewal
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-license fees, Zend shall have the right to interrupt your use of the Software.
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-You may terminate this Agreement at any time by: (i) providing written notice
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-of your decision to terminate the Agreement to Zend and (ii) either returning
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-the Software, Documentation, all copies thereof, and all license keys that you
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-have obtained to Zend or destroying all such materials and providing written
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-verification of such destruction to Zend. Zend may terminate this License
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-Agreement if you breach any term of the Agreement by giving you written notice
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-of your breach and Zend's decision to terminate the Agreement. Upon termination
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-of this Agreement, you agree to either return to Zend the Software,
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-Documentation, all copies thereof, and all license keys that you have obtained,
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-or to destroy all such materials and provide written verification of such
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-destruction to Zend.
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-
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-6. Indemnifications
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-
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-Zend shall, at its expense, defend and indemnify you for damages and reasonable
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-costs finally incurred in any suit or claim brought against you alleging that
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-the Software infringes any U.S. patent, copyright, trade secret or similar
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-right, provided that Zend is promptly notified, rendered reasonable assistance
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-by you as required, and permitted to direct the defense or settlement
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-negotiations. Zend shall have no obligation to defend or indemnify any
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-infringement claim that arises from or relates to: (i) a modification of the
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-Software by you or any third party, (ii) a combination of the Software with
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-other software products, components, processes or materials, (iii) your failure
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-to incorporate or implement modifications directed by Zend, (iv) third party or
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-open source software components, (v) use of the Software in a manner
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-inconsistent with the Documentation, or (vi) any Software provided for
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-evaluation or trial use or marked as beta or early access. Should the use of
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-Software by you be enjoined, or in the event Zend wishes to minimize its
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-potential liability hereunder, Zend may, at its option, either: (i) substitute
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-fully equivalent non-infringing software; (ii) modify the infringing Software
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-so that it no longer infringes but remains functionally equivalent; (iii)
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-obtain for you, at Zend's expense, the right to continue use of the Software;
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-or (iv) take back the infringing Software and refund to you pre-paid license
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-fees applicable to the remainder of the license term, or if a perpetual license
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-was purchased, the purchase price paid, less depreciation amortized on a
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-three-year straight line basis. This indemnification sets forth Zend's sole
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-liability and your sole remedy for claims of infringement arising from your use
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-of the Software. You will, at your own expense, indemnify and hold Zend, and
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-its subsidiaries and affiliates, and all officers, directors, and employees
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-thereof, harmless from and against any and all claims, actions, liabilities,
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-losses, damages, judgments, grants, costs, and expenses, including reasonable
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-attorneys' fees, arising out of any use of the Software by you, any party
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-related to you, or any party acting upon your authorization in a manner that is
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-not expressly authorized by this Agreement. Your indemnification does not
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-include claims of infringement that are covered by Zend's indemnification
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-above.
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-
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-7. Warranty; Disclaimer
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-
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-Zend warrants for a period of thirty (30) days from your receipt of the
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-Software that the Software will materially conform to the Documentation. This
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-warranty covers only problems that are reproducible and verifiable and does not
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-cover software, or other items or any services provided by any persons other
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-than Zend. Maintenance and support, if any, are governed by a separate
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-agreement. Software, which has been abused, misused, damaged, modified, or
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-subjected to unauthorized use or installation, used in a manner inconsistent
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-with the Documentation or used with components not authorized by Zend, shall
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-void this warranty. Zend's sole liability (and your sole and exclusive remedy)
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-for any breach of this warranty shall be, in Zend's sole discretion, to use
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-commercially reasonable efforts to provide you with an error-correction or
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-workaround which corrects the reported non-conformity, or if Zend, in its sole
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-discretion, determines such remedies to be impracticable within a reasonable
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-period of time, to provide a refund of the fees paid for the Software. This
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-limited warranty does not apply for any Software provided for evaluation or
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-trial use or marked as beta or early access.
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-
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-EXCEPT AS SET FORTH ABOVE IN THIS SECTION, THE SOFTWARE AND DOCUMENTATION ARE
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-LICENSED "AS IS," AND ZEND DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER
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-EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
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-MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, TO THE
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-EXTENT AUTHORIZED BY LAW. WITHOUT LIMITATION OF THE FOREGOING, ZEND EXPRESSLY
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-DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT
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-OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME
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-RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND
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-FOR THE RESULTS OBTAINED FROM YOUR USE OF THE SOFTWARE. YOU SHALL BEAR THE
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-ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SOFTWARE.
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-
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-WARNING: The Software is not designed or intended for use in on-line control of
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-equipment in hazardous environments such as the operation of nuclear
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-facilities, aircraft, air traffic, aircraft navigation or aircraft
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-communications, or in the design, construction, operation or maintenance of any
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-nuclear facility, or in the operation or maintenance of any direct life support
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-system. Zend disclaims any express or implied warranty of fitness for such uses
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-and shall not be liable for any costs, liabilities or damages resulting from
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-the use of the Software in such an environment. You agree that you will not use
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-or license the Software for such purposes.
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-
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-8. Limitation of Liability
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-
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-IN NO EVENT WILL ZEND BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR INDIRECT
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-DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR
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-LOST SAVINGS, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR
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-DOCUMENTATION, EVEN IF ZEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
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-DAMAGES. IN NO EVENT SHALL ZEND BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF
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-THE FEES PAID TO ZEND FOR THE SOFTWARE WITHIN THE PERIOD OF TWELVE (12) MONTHS
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-PRIOR TO ANY CLAIM ARISING.
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-
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-9. General Terms
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-
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-9.1. Governing Law and Choice of Forum
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-
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-This Agreement shall be governed by and interpreted in accordance with the laws
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-of the State of Israel, without regard to the conflicts of law rules thereof.
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-Any claim or dispute arising in connection with this Agreement shall be
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-resolved in the applicable courts situated within the city of Tel Aviv, Israel.
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-To the maximum extent permitted by law, you hereby consent to the jurisdiction
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-and venue of such courts and waive any objections to the jurisdiction or venue
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-of such courts. The United Nations Convention on Contracts for the
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-International Sale of Goods is expressly excluded.
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-
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-9.2. Severability
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-
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-If any term or provision of this Agreement is declared void or unenforceable in
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-a particular situation, by any judicial or administrative authority, this
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-declaration shall not affect the validity of enforceability of the remaining
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-terms and provisions hereof or the validity or enforceability of the offending
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-term or provision in any other situation.
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-
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-9.3. Survival
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-
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-Any provisions of this Agreement that, in order to fulfill the purposes of such
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-provisions, need to survive the termination or expiration of this Agreement,
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-shall be deemed to survive for as long as necessary to fulfill such purposes.
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-
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-9.4. Headings
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-
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-The Section headings contained in this Agreement are incorporated for reference
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-purposes only and shall not affect the meaning or interpretation of this
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-Agreement.
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-
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-9.5. No Waiver; Amendments
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-
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-The failure of either party to enforce any rights granted hereunder or to take
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-action against the other party in the event of any breach hereunder shall not
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-be deemed a waiver by that party as to subsequent enforcement of rights or
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-subsequent actions in the event of future breaches. Amendments to the Agreement
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-shall only be effective if in writing and signed by all parties.
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-
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-9.6. Assignment
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-
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-You may not assign your rights under this Agreement and any attempted
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-assignment shall be void and of no effect. Zend may assign its rights and
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-obligations under this Agreement.
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-
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-9.7. United States Government Restricted Rights
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-
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-The Software and Documentation are provided with Restricted Rights. Use,
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-duplication, or disclosure by the government is subject to restrictions as set
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-forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer
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-Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the
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-Commercial Computer Software-Restricted Rights at 48 C.F.R. S:52.227-19, as
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-applicable.
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-
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-9.8. Export Restrictions
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-
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-THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR
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-OTHER RESTRICTIONS ON THE EXPORT, REEXPORT OR IMPORT OF THE SOFTWARE OR
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-DOCUMENTATION ABOUT SUCH SOFTWARE WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE
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-GOVERNMENT OF THE UNITED STATES OF AMERICA OR ANY OTHER GOVERNMENT. YOU SHALL
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-NOT EXPORT, REEXPORT OR IMPORT THE SOFTWARE, DOCUMENTATION, OR INFORMATION
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-ABOUT THE SOFTWARE OR DOCUMENTATION WITHOUT THE WRITTEN CONSENT OF ZEND AND
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-COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
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-
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-v. 2014-07
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+Zend Technologies Ltd.
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