NOTICE: THIS SOFTWARE PRODUCT (TOGETHER WITH ITS ACCOMPANYING DOCUMENTATION, THE "PRODUCT") IS THE PROPERTY OF BOCALOCO SOFTWARE LLC ("BOCALOCO"). THE PRODUCT IS MADE AVAILABLE TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE FOLLOWING LICENSE AGREEMENT ("LICENSE"). PLEASE READ THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED WITH THE PRODUCT.
Bocaloco is only willing to grant you this License if you obtained the Product from Bocaloco or a Bocaloco authorized reseller. If you obtained the Product from any other source you may not install or use the Product.
1. Ownership. The Product is proprietary to Bocaloco. The Product is licensed, not sold, to you notwithstanding any reference herein to "purchase." You acknowledge and agree that: (a) the Product is protected under U.S. copyright and other laws; (b) Bocaloco and its licensors retain all copyrights and other intellectual property rights in the Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by Bocaloco; (d) you acquire no ownership or other interest (other than your license rights) in or to the Product; and (e) Bocaloco owns all copies of the Product, however made. You agree that you will not, at any time, contest anywhere in the world Bocaloco's ownership of the Product, nor will you challenge the validity of Bocaloco's rights in the Product. You have no rights hereunder to use any trademark or service mark belonging to Bocaloco.
2. Grant of license and scope of use.
2.1 Grant of License. Subject to the terms and conditions of this Agreement, Bocaloco grants to you, as an individual, a personal, nonexclusive, nontransferable and limited license to install and execute the Product on one (1) computer to create "Works" for personal or commercial use. All rights not specifically granted to you herein are retained by Bocaloco.
2.2 Multiple Licensed Copies. You may purchase from Bocaloco or its authorized reseller the right to make multiple copies of the Product (each, a "Licensed Copy) or the right to permit multiple Named Users to use a Licensed Copy. Such rights will be effective only when granted in writing by Bocaloco or its authorized reseller and are conditioned upon your payment of the applicable fees. If you purchase the right to make multiple Licensed Copies, you are granted, for each Licensed Copy, the personal, nonexclusive, nontransferable and limited license to install and execute the Licensed Copy on one (1) computer solely as permitted under Section 2.1, subject to all the terms and conditions of this Agreement. If you purchase the right to permit multiple Named Users to use a Licensed Copy then you are granted for such Licensed Copy, the personal, nonexclusive, nontransferable and limited license to install and execute the Licensed Copy on one (1) computer solely as permitted under Section 2.1 exclusively for use by such number of Named Users, subject to all the terms and conditions of this Agreement. You agree that you will not install or execute the Product on more computers than the number Licensed Copies that Bocaloco or its authorized reseller has expressly permitted you to make and you will not allow the Product to be used by more users than the number of Named Users that Bocaloco or its authorized reseller has expressly permitted to use each Licensed Copy.
3. Special terms. The following terms and conditions ("Special Terms") are specific to certain editions, versions and components of the Product and are in addition to the provisions of Section 2. If any provision of the Special Terms applicable to the Product conflicts with any other provision of this License, then the provision of the Special Terms will supercede and control.
3.1 Special terms applicable to Prerelease software. Prerelease versions of the Product are provided to registered "Testers" in exchange for the Testers' voluntary cooperation in finding and reporting bugs in the software for a fixed period of time ("Test Period") prior to release of the software. Prerelease software is, by definition, software that does not work. Testers use Prerelease software at their own risk. Bocaloco will not respond to inquiries about Prerelease software after the Test Period. Selection of Testers is entirely at Bocaloco's discretion. Past participitation as a Tester is no guarantee of future participation.
3.2 Special terms applicable to free software. Special, limited-capability versions of the product, referred to by the name "XMLBuddy" with no qualifiers such as "Pro", are provided free of charge. The provisions in Sections 7 and 10 are not applicable to free versions. All other Sections remain in force. In particular, note that you may not re-distribute the Software without written permission of Bocaloco.
3.3 Special terms applicable to Plugin software. Plugin editions of the Product will be accompanied by information detailing the versions of Eclipse software and operating environments the Plugin was tested with. These are the only supported configurations. You may, at your own risk, attempt to install and run the Plugin with any other version of Eclipse, or any product derived from Eclipse, in any other operating environment ("Unsupported Configuration"). The sole response, if any, to a problem report involving an Unsupported Configuration may be that the configuration is not supported.
3.4 Special terms applicable to products licensed for educational use. Subject to the terms and conditions of this Agreement, you may exercise your rights under this license to use the Product and to create Works solely for your own personal use in providing or receiving instruction within the limited scope of guided computer programming and/or software training courses in which you are a direct and personal participant, either as student or instructor ("Courses"). You may only reproduce, distribute and use Works, in source or object code form, to other participants of the Courses and then only for educational or training purposes. You may not use the Products or Works created with the products for any commercial, business, governmental or institutional purpose of any kind, except to the extent you are an instructor teaching a Course. You may also make one (1) backup copy of the Product solely to replace the original copy provided to you if the original copy is damaged or destroyed. All rights not specifically granted to you herein are retained by Bocaloco.
3.5 Special terms applicable to Third-Party Software. Certain components of the Product use or incorporate third-party software programs and/or libraries ("Third-Party Software") which are loaded (in object or source code form, or both) on the Product media. You agree that Bocaloco's third-party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this License intended to protect intellectual property rights in the Product (including the Third-Party Software), limit certain uses thereof and disclaim warranty.
3.5.1 Special terms applicable to Eclipse software. Certain Product editions may include unmodified Third Party Software from Eclipse.org (http://eclipse.org) and its Contributors ("Eclipse software"). Source code for Eclipse software is available directly from Eclipse.org or, if such software is included with the Product, from Bocaloco. Eclipse software is separately licensed under the terms of the Common Public License (CPL) 1.0.
3.5.2 Special terms applicable to Apache software. The Product includes Third Party Software developed by Apache Software Foundation (http://www.apache.org/). THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE APACHE SOFTWARE FOUNDATION OR ITS CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3.5.3 Special terms applicable to Thai Open Source Software Center Ltd software. Copyright (c) 2002, 2003 Thai Open Source Software Center Ltd All rights reserved. THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE REGENTS OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3.5.4 Special terms applicable to DTD Generator and Saxon. The DTD Generator is made available under the terms of the Mozilla Public License 1.0. Source code for modifications to DTD Generator and/or Saxon are available from Bocaloco upon request. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED CODE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM SUCH PARTY'S NEGLIGENCE TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
3.5.5 Special terms applicable to Jaxen. Copyright. (C) 2000-2002 bob mcwhirter & James Strachan. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer that follows these conditions in the documentation and/or other materials provided with the distribution. 3. The name "Jaxen" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact license@jaxen.org. 4. Products derived from this software may not be called "Jaxen", nor may "Jaxen" appear in their name, without prior written permission from the Jaxen Project Management (pm@jaxen.org). In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the software itself an acknowledgement equivalent to the following: "This product includes software developed by the Jaxen Project (http://www.jaxen.org/)." Alternatively, the acknowledgment may be graphical using the logos available at http://www.jaxen.org/ THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE Jaxen AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
3.5.6 Special terms applicable to Saxpath. Copyright. (C) 2000-2002 werken digital. All rights reserved. Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met: 1. Redistributions of source code must retain the above copyright notice, this list of conditions, and the following disclaimer. 2. Redistributions in binary form must reproduce the above copyright notice, this list of conditions, and the disclaimer that follows these conditions in the documentation and/or other materials provided with the distribution. 3. The name "SAXPath" must not be used to endorse or promote products derived from this software without prior written permission. For written permission, please contact license@saxpath.org. 4. Products derived from this software may not be called "SAXPath", nor may "SAXPath" appear in their name, without prior written permission from the SAXPath Project Management (pm@saxpath.org). In addition, we request (but do not require) that you include in the end-user documentation provided with the redistribution and/or in the software itself an acknowledgement equivalent to the following: "This product includes software developed by the SAXPath Project (http://www.saxpath.org/)." Alternatively, the acknowledgment may be graphical using the logos available at http://www.saxpath.org/ THIS SOFTWARE IS PROVIDED ``AS IS'' AND ANY EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE SAXPath AUTHORS OR THE PROJECT CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
4. Limitations. You may not: (a) modify, adapt, alter, translate, or create derivative works of the Product or merge the Product with other software other than as described in the Product's accompanying documentation or as approved of in writing by Bocaloco; (b) lease, rent or loan the Product to any third party; (c) sublicense, distribute or otherwise transfer the Product or any component thereof to any third party except as expressly authorized under Section 3; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of Bocaloco or its suppliers on the Product; (f) allow third parties to access or use the Product such as in a time-sharing arrangement or operate the Product as part of a service bureau or, except as expressly authorized under Sections 2 or 3, otherwise for the use or benefit of third parties; (g) reproduce or use the Product except as expressly authorized under Sections 2 and 3; or (g) disclose or publish "keys" that enable Product functionality. The rights granted under this License apply only to this Product. You must procure a separate license to use other Bocaloco software. The limitations in this Section 4 apply to your use of the Product in whole or in part.
5. LIMITED WARRANTY AND DISCLAIMER. Bocaloco warrants to you, the original purchaser and to no other party, that any physical media included with the Product, as and when provided to you, will be free of physical defects in materials and workmanship for a period of ninety (90) days after the date that you initially acquire the Product. Your exclusive remedy and Bocaloco's sole liability for breach of this warranty is that Bocaloco will replace any defective media returned to Bocaloco within the ninety (90) day warranty period. This warranty does not apply to damages resulting from misuse, abuse or neglect. Any replacement media will be warranted as above for the remainder of the original warranty period or twenty (20) days from the date we ship it to you, whichever is longer.
EXCEPT FOR THIS EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. BOCALOCO HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT BOCALOCO MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE.
6. Services, updates and product changes. Bocaloco is not required under this License to provide any installation, training or other services to you. Such services, if available, must be purchased separately. If, pursuant to a separate support agreement or otherwise, Bocaloco provides you with a new release, error correction, update, upgrade or other modification to the Product, such modification will be deemed part of the Product, and subject to the terms of this License, unless the modification is expressly provided subject to a separate license agreement. Bocaloco reserves the right at any time not to release or to discontinue release of any Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Product.
7. Registration. You must register the Product with Bocaloco as a condition to your rights to use the Product. You will be prompted to register the Product at the time of your installation or first use of the Product, at which time you will be notified (or directed to online resources explaining) how registration information provided by you may be used and you will be afforded the opportunity to opt out of certain uses of such information.
8. Confidentiality. The codes known as License Keys are confidential information of Bocaloco. You agree to hold this information in confidence, not disclose it to any person (other than your employees and individual contractors who are otherwise eligible to use the Product and who have agreed to keep confidential any of Bocaloco's confidential information that you provide to them). If you are required by law or order of a court or other government authority to disclose Bocaloco's confidential information, then you will notify Bocaloco as soon as possible and as permitted by the requiring authority.
9. LIMITATION OF LIABILITY.
IN NO EVENT WILL BOCALOCO BE LIABLE TO ANY PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY COSTS OF PROGRAM ERRORS, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR DATA, NON-COMPLIANCE WITH APPLICABLE LAWS OR UNAVAILABILITY AND INTERRUPTION OF OPERATIONS, ARISING FROM OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF BOCALOCO KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOCALOCO'S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT, IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS SECTION 9 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
10. Audit. During the term of this License and for one (1) year thereafter, upon reasonable notice and during normal business hours, Bocaloco or its outside auditors will have the right to enter your premises and access your records and computer systems to verify that you have paid to Bocaloco the correct amounts owed under this License and determine whether the Products are being used in accordance with the terms of this License. You will provide reasonable assistance to Bocaloco in connection with this provision. You agree to pay the cost of the audit if any underpayments during the period covered by the audit amount to more than five percent (5%) of the fees actually owed for that period.
11. Term and Termination.
11.1 Term. The term of this License will begin as of the date that you receive the Product and will remain in effect perpetually unless terminated under this Section 11.
11.2 Termination for Convenience. You may terminate this License for any reason, or for no reason, by giving Bocaloco five (5) days' written notice.
11.3 Termination for Cause. Bocaloco may terminate this License if you breach your obligations hereunder. Bocaloco will effect such termination by giving you notice of termination, specifying therein the alleged breach. If your breach is curable, you will have a grace period of thirty (30) days after such notice is served to cure the breach described therein. If the breach is cured within the thirty (30) day grace period, then this License will remain in effect; otherwise, this License will automatically terminate upon the conclusion of the thirty (30) day grace period.
11.4 Effect of Termination. Upon the termination of this License for any reason the following terms shall apply: (a) all rights granted under this License will immediately terminate and you must stop all use of the Product; (b) you must immediately pay to Bocaloco all fees and expenses accrued prior to the effective date of termination; (c) you must return to Bocaloco or destroy all copies of the Product provided to or made by you, and will, within ten (10) days after the effective date of termination, provide Bocaloco with written certification that all such copies have been returned or destroyed; (d) you must return to Bocaloco all of its other confidential information that you have received during the term of this License; and (e) all provisions of this Agreement with the exception of the licenses granted in Sections 2 and 3, will survive termination of this License for any reason.
12. General provisions.
12.1 Canadian Transactions. If you are subject to Canadian law, you agree to the following: The parties hereto have expressly required that the present License and its Exhibits be drawn up in the English language. / Les parties aux presentes ont expressement exige que la presente Convention et ses Annexes soient redigees en langue anglaise.
12.2 Hazardous Uses. The Product is not intended for use, and you may not use or allow others to use the Product, in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that Bocaloco will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Product.
12.3 Governing Law; Venue and Jurisdiction. This License will be governed by and construed in accordance with the laws of the United States and the State of Minnesota, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. The parties expressly exclude the application of the 1980 United Nations Convention on the International Sale of Goods (if applicable). Subject only to the provisions of Section 12.6, any legal action, suit or proceeding arising out of or relating to this License must be instituted exclusively in a court of competent jurisdiction, federal or state, located within the State of Minnesota, and in no other venue. Each party further irrevocably consents to personal jurisdiction and venue in, and agrees to service of process issued or authorized by, any such court.
12.4 No Jury Trials; No Joinder. Each party hereby irrevocably waives its right to a jury trial in any legal action, suit or proceeding between the parties arising out of or relating to this License. A copy this License may be filed with the court as written consent by both parties to a bench trial. You agree that any dispute you may have against Bocaloco cannot be joined with any dispute of any other person or entity in a lawsuit, arbitration or any other proceeding, or resolved on a classwide basis.
12.5 Severability. If any provision of this Agreement is held to be illegal, invalid or unenforceable for any reason, then such provision will be enforced to the maximum extent permissible and the remainder of the provisions of this Agreement will remain in full force and effect.
12.6 Equitable Relief. The parties acknowledge and agree that it is impossible to measure in money the damages that will accrue to Bocaloco by reason of your breach of this Agreement and that such a breach will cause irreparable harm to Bocaloco. In addition to any other right or remedy available at law or in equity Bocaloco will be entitled to specific performance or injunctive relief to enforce or prevent any breach of Sections 2, 3, 4, 6 or 8 without posting a bond or other security, and may apply to any court of competent jurisdiction for such relief notwithstanding the provisions of Section 12.3.
12.7 Attorneys' Fees. In any action, suit or proceeding arising out of or relating to this License, Bocaloco, if it is the prevailing party, will be entitled to recover from you its reasonable attorneys' fees and expenses in addition to any other relief that may be awarded.
12.8 Notices. A notice that is required or permitted under this Agreement must be in writing and may be delivered by facsimile, electronic mail, hand delivery, courier or mail. Notice will be deemed effective upon the earlier of actual receipt by the intended recipient or five (5) days after deposit with the U.S. Postal Service as certified or registered mail (postage prepaid and return receipt requested) addressed to recipient at its address set forth on the first page above or as amended by notice pursuant to this section.
12.9 Assignment. You may not assign this License or assign any of your rights or delegate any of your obligations under this License, by operation of law or otherwise (including by merger, sale of assets or consolidation), without Bocaloco's prior written consent, which may be granted, conditioned or withheld in Bocaloco's sole discretion. Any attempted assignment in violation of this Section 12.9 will be void and will constitute a material breach of this Agreement. Notwithstanding the foregoing, Bocaloco may assign this License at any time in its sole discretion. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.
12.10 Export Control. You may not directly or indirectly transfer the Product, including its documentation, to any country if such transfer would be prohibited by applicable law, including the U.S. Export Administration Act and the regulations issued thereunder. You agree to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country. You will be solely responsible for identifying and complying with all laws of any jurisdiction outside of the United States regarding the import, export or use of Products and technical data supplied by Bocaloco. You will obtain at your own expense all licenses, permits or approvals required by any government to use the Product.
12.11 U.S. Government Rights. The Product is a "commercial item" as that term is defined at 48 C.F.R. 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Product with only those rights set forth in this License.
12.12 Waiver and Modifications. All waivers must be in writing. Any waiver or failure to enforce a provision of this License on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This License may only be amended by a written document signed by both parties.
12.13 Entire License. This License constitutes the entire, final and exclusive agreement between you and Bocaloco regarding the specific license transaction described herein. No prior agreements, understandings, statements, proposals or representations, written or oral, apply. No written or oral statement, advertisement or product description not expressly contained in this License can be used to alter or supplement its terms. You may not rely on any representations or statements not contained in this Agreement. Headings in this License are for reference only and have no effect on any provision's meaning.