* Please read the following before you download all or part of this package. SWISH Commercial Distribution Agreement

SWISH Commercial Distribution Agreement

(license rev 1.0 7/20/95)
Copyright 1994, 1995 Enterprise Integration Technologies Corporation

--

Enterprise Integration Technologies Corporation (EIT) grants to the possessor of this copy (the Licensee) a royalty-free, nonexclusive license to use, copy, modify and distribute both the binary and source code of SWISH and any related documentation (the Software) for commercial purposes subject to the following conditions:

  1. Licensee must notify EIT of its intent to operate under this license. This should be done by sending a printed copy of this license, signed by Licensee to EIT with a cover letter which includes includes the name and address (regular and email) of licensee, the name of the product incorporating the Software, and the intended means of distribution

  2. If Licensee is distributing the Software as a stand-alone program then (a) Licensee may not charge its customers any royalty or license fee for the Software and (b) Licensee must include a copy of EIT's freeware License Agreement for personal, academic, research and internal commercial use of the Software or, if a derivative work, include a license on substantially similar terms.

  3. Licensee may incorporate the Software into a software program developed by or for Licensee provided that the software program provides significant additional functionality beyond that provided by the Software. In such case, Licensee may charge a royalty for their software program provided that they notify users that the Software is also available from EIT as freeware.

  4. If Licensee is distributing the Software without significant enhancements, Licensee agrees to include the following acknowledgments with all copies of the Software:

    i. Credit in documentation in the form of "SWISH was developed by Enterprise Integration Technologies. For more information about EIT's products, including the most recent freeware version of SWISH, visit EIT's home page at http://www.eit.com/ "

    ii. Credit in the About Screen in the same form as above or "SWISH was developed by Enterprise Integration Technologies." where "Enterprise Integration Technologies" is a hot link to the EIT home page.

    iii. Start-up screen includes the EIT copyright notice for the Software.

  5. If Licensee is distributing a derivative work based on the Software then Licensee agrees to include the following acknowledgments with all copies of the Software:
    i. Credit in documentation in the form of "Portions of are based upon SWISH, developed by Enterprise Integration Technologies. For more information about EIT's products, including the most recent freeware version of SWISH, visit EIT's home page at http://www.eit.com/ "

    ii. Credit in the About Screen in the same form as above or "Portions of are based upon SWISH, a freeware program developed and distributed by Enterprise Integration Technologies." where "Enterprise Integration Technologies" is a hot link to the EIT home page.

  6. If Licensee is distributing a modified version or derivative work based on the Software, Licensee agrees not to name the derivative work SWISH or any other name which might be confusingly similar. Licensee agrees to provide, at EIT's request and at no charge to EIT, one copy of the derivative work for inspection and testing by EIT. Notwithstanding the provisions of Section 4 and 5, if, in EIT's sole judgment, the quality of the derivative work is not satisfactory, EIT may require that Licensee remove any reference to EIT or SWISH from all future distribution of Licensee's derivative work.

  7. LICENSEE ACKNOWLEDGES THAT THE SOFTWARE IS STILL IN THE DEVELOPMENT STAGE AND THAT IT IS BEING SUPPLIED "AS IS", WITHOUT ANY ACCOMPANYING SERVICES FROM EIT. EIT MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, EIT MAKES NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE THE SOFTWARE WILL NOT INFRINGE ON ANY PATENTS OR OTHER RIGHTS.

  8. Title and copyright to the Software remain with EIT and Licensee agrees to preserve the same.

  9. Licensee agrees to abide by all applicable laws of the United States, including, but not limited to, copyright and export control laws.

  10. IN NO EVENT SHALL EIT HAVE ANY LIABILITY TO LICENSEE OR ANY PARTY CLAIMING OUT OF OR THROUGH LICENSEE FOR LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES ARISING IN ANY WAY OUT OF THIS AGREEMENT OR ANY USE OF THE SOFTWARE UNDER ANY CAUSE OF ACTION AND WHETHER OR NOT EIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  11. EIT has the right to terminate this license immediately by written notice if Licensee is in default of a material obligation hereunder and such default continues for sixty (60) days following receipt of written notice to Licensee at the address provided under Section 1. On termination, the licenses hereunder shall immediately terminate and Licensee shall return or destroy, as EIT may request, all copies of the Software including any modified versions or derivative works, or any portion thereof, in the possession of Licensee and an officer of Licensee shall certify to EIT that Licensee has discontinued use and has returned or destroyed all copies of the Software except that Licensee may retain a single copy for the purpose of supporting customers.
*
If you agree to the terms of the above licensing agreement, click on "Accept" to download your copy of SWISH. If you choose not to download a copy of SWISH, click on "Decline." Contact Elizabeth Batson, batson@eit.com for additional information regarding licensing issues.
[ Accept ]   [ Decline ]