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Plugin_License.txt
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Plugin_License.txt
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OSAE End User License Agreement for Third-Party Plugins
READ CAREFULLY: LICENSOR LICENSES THIS PROGRAM, TOOL, PLUG-IN, ADD-ON, APPLICATION, LIBRARY, CONTENT, DATA, SOLUTION, SERVICE OR OTHER ITEM OR MATERIAL (THE "CONTENT") TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("AGREEMENT").
Open Source Automation hosts certain content created and published by individuals and entities other than Open Source Automation (Furter refered to as: OSA) or its affiliates (Developers). Such third-party content made available through Plugins are NOT licensed, or sold to you by OSA, but by the individual author or developer of the plugin. Your download of any plugin obtained from the OSA Plugins Page, or any other distributing party, is subject to your prior acceptance of this End User License Agreement, and you agree that the terms of this Agreement will apply to each plugin that you download/install for OSA.
Responsibility.
If you are downloading, accessing or using any plugin provided or authored by a third-party developer or provider, this Agreement is solely between the developer or provider of the Plugin ("Licensor") and you, and not with OSA. Licensor, and not OSA, is solely responsible for the Content, including, without limitation, for any warranties, maintenance and support, notices and consents to be given to Users. Notwithstanding the above, you acknowledge that OSA is a third-party beneficiary of this Agreement and that upon your acceptance of the terms of this Agreement, OSA will have the right to enforce the Agreement against you as a third-party beneficiary thereof. Questions, complaints or claims with respect to the Content should be directed solely to the Licensor, whose contact information can be found on the Content Download Page from which the Content is downloaded.
Qualified User.
The Content is to be used only in conjunction with the specific OSA software product or service identified in materials distributed with the Content, with which such Content was designed to operate ("OSA Software"). Therefore, you may use the Content only if you are an authorized user of the OSA Software. This Agreement does not modify or alter the terms of the software license agreement delivered with the OSA Software.
License.
Subject to the terms and conditions of this Agreement, Licensor grants to you a license to download and use Plugins in connection with the OSA Software.
Warranty. THE CONTENT IS FURNISHED ON AN "AS IS" BASIS, AND LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. LICENSOR SPECIFICALLY DOES NOT WARRANT THAT THE CONTENT WILL MEET YOUR REQUIREMENTS; WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OF THE CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED, ACCURATE, USEFUL, RELIABLE, OR COMPLETE; OR THAT ALL ERRORS OR DEFECTS IN THE CONTENT WILL BE CORRECTED.
NEITHER OSA NOR LICENSOR SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OR INABILITY TO USE THE CONTENT. YOU USE THE CONTENT AT YOUR OWN RISK.Limitation of Liability. UNDER NO CIRCUMSTANCES WILL OSA OR LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, FOR LOSS OF PROFITS, USE, REVENUE, OR DATA OR FOR BUSINESS INTERRUPTION (REGARDLESS OF THE LEGAL THEORY FOR SEEKING SUCH DAMAGES OR OTHER LIABILITY) ARISING OUT OF OR IN CONNECTION WITH USE OF THE CONTENT, WHETHER OR NOT OSA OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, THE LIABILITY OF OSA OR LICENSOR ARISING OUT OF OR RELATING TO THE CONTENT WILL NOT EXCEED THE AMOUNT PAID OR PAYABLE BY YOU (IF ANY) FOR SUCH CONTENT.
General.
This Agreement will be governed by and construed in accordance with the laws of the State of California (and, to the extent controlling, the federal laws of the United States, without reference to the conflicts-of-laws rules thereof). The UN Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act shall not apply to this Agreement. This Agreement constitutes the entire agreement between Licensor and you with respect to the Content and may not be modified except by a written instrument executed by you and an authorized representative of Licensor.