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diff --git a/licenses/coverity-PLA b/licenses/coverity-PLA deleted file mode 100644 index aa464d2f..00000000 --- a/licenses/coverity-PLA +++ /dev/null @@ -1,356 +0,0 @@ -COVERITY PRODUCT LICENSE AGREEMENT - -Version 2012.1 - -IMPORTANT INFORMATION - READ CAREFULLY - -UNLESS YOU HAVE OBTAINED PERMISSION TO USE THE SOFTWARE UNDER A SEPARATE, DULY SIGNED -LICENSE AGREEMENT OR AN EVALUATION LICENSE WITH COVERITY OR AN AUTHORIZED DISTRIBUTOR, -THE ACCOMPANYING SOFTWARE IS PROVIDED UNDER THE FOLLOWING TERMS AND CONDITIONS AND -ANY SUPPLEMENTAL TERMS REFERENCED BELOW AND YOUR RIGHT TO USE THE SOFTWARE IS -CONDITIONED UPON YOUR ACCEPTANCE OF THIS AGREEMENT. - -IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS AND YOU DO NOT HAVE A SEPARATE LICENSE -AGREEMENT AS REFERENCED ABOVE, YOU MAY NOT USE OR COPY THE SOFTWARE AND YOU MUST -DELETE ANY COPIES OF IT FROM YOUR SYSTEMS. IF YOU HAVE PAID A LICENSE FEE FOR USE OF THE -SOFTWARE AND DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY, WITHIN TEN (10) DAYS OF -YOUR INITIAL PURCHASE, REQUEST A REFUND FOR THE SOFTWARE, PROVIDED THAT YOU CERTIFY THAT -YOU HAVE NOT AND WILL NOT USE THE SOFTWARE AND THAT YOU HAVE DESTROYED ALL COPIES OF THE -SOFTWARE FROM YOUR SYSTEMS. - -1. SCOPE AND KEY TERMS. - -This is a legal agreement concerning your use of the Software described below. The rights granted to the Software are -expressly conditioned upon acceptance of these Terms and Conditions by the legal entity or person acquiring the license -and, if applicable, responsible for payment. If you are using the Software as an employee, the legal entity that employs -you is the "licensee." Your employer may have already accepted a version of these Terms and Conditions by signing an -Order Schedule referencing them. In all other circumstances, you are binding your employer, and yourself personally as an -employee, to these Terms and Conditions by using the Software. References below to "you" or "your" refer to the licensee -of the Software. Coverity is the "licensor," regardless of whether you received the Software from Coverity directly or an -authorized distributor. - -The Software is the proprietary information of Coverity or its suppliers who retain exclusive title to their intellectual -property rights in the Software. Your rights to the Software are limited to those expressly granted below and Coverity -reserves all rights not expressly granted in this Agreement. - -1.1 Order Schedules. The Terms and Conditions set forth in this Coverity Product License Agreement and the Order -Schedule(s) accepted by both you and Coverity contain all terms and conditions applicable to your use of the Software -(collectively, the "Agreement"). An "Order Schedule" is a document from Coverity or its authorized distributor which -references the applicable Coverity Product License Agreement and identifies the specific Software and rights being -licensed to you under those terms, including the License Type, quantity, license term, territory and the Code Base. The -Order Schedule also sets forth the fees and payment terms for the Software licenses (the "license transaction"). You must -refer to a copy of the applicable Order Schedule to determine these conditions of the Agreement. If you do not receive any -other document executed by Coverity referencing the license transaction, a Coverity invoice referencing this Agreement -and issued in response to your correct purchase order shall be Coverity’s acceptance of the license transaction. -Additionally, the license term and/or maintenance and support term for specific Software identified in an Order Schedule -may be renewed by issuance of Coverity invoice referencing this Agreement and the applicable Order Schedule in response -to a correct Customer purchase order for such renewal. Additional or different terms on your purchase order shall not -apply. - -1.2 "Authorized User" means a party’s, and its wholly-owned subsidiaries’, employee or authorized contractor: (a) -whose duties require access to or use of the Software or Confidential Information for the benefit of that party; and (b) -whose legal obligations to protect confidential and proprietary information require protection of the Software and -Confidential Information to at least the same extent as set out in this Agreement. For clarity, the Customer shall not -appoint a third party licensor of portions of the Code Base identified in an applicable Order Schedule as an Authorized -User. - -1.3 "Code Base" means those portions of your software identified in an applicable Order Schedule by reference to -the name of the product, project or package and a number of lines of code, if applicable. - -1.4 "Documentation" means the user documentation, in written, electronic or other format, which describes the -Software and its operation and which Coverity makes generally available to its licensed customers for use with the -Software. - -1.5 "License Type" means the usage rights purchased under the applicable Order Schedule. License Types offered by -Coverity from time to time can be found at www.coverity.com/licensetype.html. - -1.6 "Software" means the specific products provided by Coverity and listed in an Order Schedule and (a) all related -Documentation, and (b) all updates, modifications and maintenance services provided to you. - -2. LICENSE. - -2.1 License Grant and Applicable Fees and Delivery. Subject to your compliance with the terms and conditions of -this Agreement, Coverity grants you a nonexclusive, non-transferable license, solely during the license term and in the -territory set out in the applicable Order Schedule, to (a) use and operate the Software to the extent permitted by your -payment of applicable fees for the License Type purchased, solely for the purpose of developing, analyzing, building or -testing the Code Base, and (b) copy the Software as reasonably necessary to exercise the license rights granted in -subsection (a), including making a reasonable number of copies for backup and archival purposes. All applicable fees are -owed upon the effective date of the applicable Order Schedule, are non-refundable upon such date, and are payable in -accordance with the payment schedule set out in the applicable Order Schedule. Fees payable are net amounts, without -deduction for taxes or duties. Customer will pay taxes and duties (including but not limited to sales, use and withholding -taxes) associated with its purchases under this Order Schedule, except for Coverity’s net income taxes. Where practical, -Coverity will deliver Software electronically and delivery will be deemed to occur upon the Software being available for -electronic download. Delivery of any tangible media will be made F.O.B. point of shipment. - -2.2 Conditions. The rights granted to you above are conditional upon your compliance with the following -obligations: - -a. You will not copy Coverity’s software products or documentation, in whole or in part, except as -expressly authorized in this Agreement. - -b. You will not transfer, assign, lease, lend or rent Coverity’s software products or documentation, use -them to provide service bureau, time-sharing or other services, or otherwise provide or make the -functionality thereof available to third parties except as expressly authorized in this Agreement. - -c. You will not disassemble, decompile, reverse engineer, modify or create derivative works of Coverity’s -software products or documentation nor permit any third party to do so, except to the extent such -restrictions are prohibited by applicable mandatory local law. - -d. You will not allow access or use of the Software by, and will not display the Software’s user interfaces -to, anyone other than the Authorized Users, without Coverity’s prior express written consent. - -e. You will not disclose to any third party any comparison of the results of operation of Coverity’s -software products with other products. - -f. You will not delete or in any manner alter the copyright, trademark or other proprietary rights notices -appearing on the Software as delivered by Coverity. You will reproduce such notices on all copies you are -authorized to make of the Software. - -g. Your use of the Software is time-limited to the licensed term set out in the applicable Order Schedule, -and such use and access may be monitored and regulated through a license management tool (a "License -Manager"). The License Manager will report such data (collectively, “Use and Compliance Data”) to -Coverity. You will not install or use the Software in a manner that circumvents or interferes with the -operation of the License Manager or any other technological measure that controls access to the Software. -Some configurations may require the License Manager to be installed only on designated servers. For -those configurations, Coverity will support two changes to the designated servers during any twelve -month period upon prior written notice. - -2.3. Offsite Contractors. You may allow Authorized Users that are offsite contractors to access and use the Software solely -for your benefit in accordance with this Agreement provided that: (a) you are responsible for the acts and omissions of its -offsite contractors with respect to Software licensed under this Agreement; (b) you ensure that the Software is completely -and irretrievably uninstalled from any offsite contractor’s equipment and premises (except for those modules necessary to -view results and other data generated from using the Software) immediately upon completion of the offsite contractor’s -services requiring use of the Software; and (c) you have an agreement in place with the offsite contractor requiring that the -offsite contractor protect Coverity’s Software, Confidential Information and intellectual property at least to the same -extent as set forth in this Agreement. You acknowledge that Coverity has no warranty or other obligations to your offsite -contractors. - -2.4. Special Terms for Third Party Software. The Software may contain open source or community source software -("Open Source Software") provided under separate license terms (the "Open Source License Terms"). The applicable Open -Source License Terms are identified in a directory named "Licenses" provided with the delivery of the Software. Your use -of the Open Source Software in conjunction with the Software in a manner consistent with the terms of this Agreement is -permitted, however, you may have broader rights under the applicable Open Source License Terms and nothing in this -Agreement is intended to impose further restrictions on your use of the Open Source Software. - -2.5. Feedback and Analytics. You may choose to, but are not required to, provide suggestions, data, feedback and other -information to Coverity, its subcontractors or authorized distributors regarding possible improvements in the operation, -functionality or use of Coverity’s software products. You hereby grant to Coverity, its subcontractors and authorized -distributors, without charge, the right to use, copy, modify and create derivative works of any such suggestions, data, -feedback and information solely for the purpose of (i) improving the operation, functionality or use of its existing and -future product offerings and commercializing such offerings; and (ii) publishing aggregated statistics about software -quality, provided that no data in any such publication can be used to specifically identify you, your employer or your -software code. - -3. CONFIDENTIALITY. - -3.1. Confidential Information. "Confidential Information" means: (a) each party’s software products, in byte code or -source code form; (b) any authorization keys and passwords delivered in order to operate such products; (c) -Documentation, product road maps and development plans, and product pricing information; (d) any business, technical -or training information of a party that, if disclosed in writing, is marked "confidential" or "proprietary" at the time of -disclosure, or, if disclosed orally, is identified as "confidential" or "proprietary" at the time of disclosure, and is -summarized in a writing sent by the disclosing party to the other party within thirty (30) days of such disclosure; and -(e) the specific business terms and pricing set forth in any quotation, Order Schedule or this Agreement. - -3.2. Exclusions. Confidential Information does not include information that: (a) is or becomes generally known or -available to the public through no act or omission of the party receiving Confidential Information ("Receiving Party"); -(b) is rightfully known by the Receiving Party prior to receiving such information from the other party ("Disclosing -Party") and without restriction as to use or disclosure; (c) is independently developed by the Receiving Party without use -of the Disclosing Party’s Confidential Information and without breach of this Agreement; or (d) is rightfully received by -the Receiving Party from a third party without restriction on use or disclosure. The existence of this Agreement and the -nature of the business relationship between the parties are not considered Confidential Information. - -3.3. Use and Disclosure Restrictions. Receiving Party will not use the Disclosing Party’s Confidential Information -except as necessary to exercise the rights granted under this Agreement or to evaluate opportunities to license additional -Software pursuant to this Agreement, and will not disclose such Confidential Information to any person or entity except to -its Authorized Users. The foregoing obligations will not restrict either party from disclosing Confidential Information of -the other party: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, -provided that the party required to make such a disclosure gives reasonable notice to the other party to contest such order -or requirement; and (b) on a confidential basis to its legal or financial advisors that need to know in order to provide -business advice to such party. In addition, each party may disclose the terms and conditions of this Agreement: (i) as -required under applicable securities regulations; and (ii) on a confidential basis to present or future providers of venture -capital and potential private investors in or acquirers of such party. - -3.4. Right of Equitable Relief. The parties acknowledge that violations of the covenants and obligations of this -Agreement may cause the non-breaching party irreparable injury for which an adequate remedy at law may not be available. -Therefore, the non-breaching party shall be entitled to seek all remedies that may be available under equity, including -immediate injunctive relief, in addition to whatever remedies may be available at law. - -4. WARRANTY. - -4.1. Limited Software Warranty. Subject to the remainder of this Section 4, for a period of forty-five (45) days from the -earlier of the date that the Software is first made available to You for download or Your receipt of the Software pursuant to -an Order Schedule, Coverity represents and warrants that, (a) the media on which the Software is delivered will be free of -defects in material and workmanship, (b) the Software will substantially conform to the functional specifications set forth -in the applicable Documentation, and (c) it has used commercially available virus-detection software to scan the Software, -and it has not knowingly introduced into the Software any virus, Trojan horse, trap door, or other code that is intended to -cause harm to your Code Base or other systems. - -4.2. Sole Remedy. If, during the warranty period set forth in Section 4.1, Coverity receives written notice from you of non- -conformity of the Software with the warranty set forth in Section 4.1, Coverity will, as your sole and exclusive remedy and -Coverity’s entire liability for such non-conformity: (a) deliver a correction or workaround for the non-conformity; or -(b) if Coverity is unable to deliver such a correction or workaround, provide written notice to you and, upon your return or -confirmed destruction of all copies of the non-conforming Software to Coverity, refund the license fees paid by you for -such non-conforming Software. THE FOREGOING STATES YOUR SOLE AND EXCLUSIVE REMEDY FOR WARRANTY -CLAIMS RELATED TO THE SOFTWARE. - -4.3. Disclaimer. Coverity does not warrant that the Software will meet your requirements, that the Software will operate in -combinations with equipment, devices, software or systems provided by persons other than Coverity, that the operation of -the Software will be error-free or uninterrupted, or that the Software will discover all errors and vulnerabilities that may -reside in the Code Base. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, COVERITY AND ITS SUPPLIERS -DISCLAIM ALL OTHER WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, -INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY -QUALITY, ACCURACY OR COMPLETENESS OF RESULTS, CONFORMANCE WITH DESCRIPTION, AND NONINFRINGEMENT. -COVERITY AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, -CONDITIONS AND REPRESENTATIONS ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE. - -5. INDEMNIFICATION. - -5.1. Infringement Indemnity. Coverity will defend or settle any action brought against you by paying all costs, damages -and reasonable attorneys’ fees that are finally awarded against you to the extent those amounts are based upon a third -party claim that the Software, as provided by Coverity to you under this Agreement and used in accordance with this -Agreement, directly infringes any U.S. patent or any copyright or misappropriates any trade secret. However, Coverity’s -obligations under this section are subject to the following conditions: (a) you must promptly notify Coverity in writing -of the action; (b) you grant Coverity sole control of the defense and settlement of the action; and (c) you must provide -Coverity, at Coverity’s expense, with all assistance, information and authority reasonably requested for the defense and -settlement of the action. Coverity will not be responsible for any compromise made or expense incurred without its -consent. If use of any of the Software is, or in Coverity’s reasonable opinion is likely to be, the subject of an action -specified in this Section 5.1, Coverity may, at its sole option and at no additional charge: (i) procure for you the right to -continue using such Software; (ii) replace or modify such Software so that it is non-infringing and substantially -equivalent in function to the original Software; or (iii) if options (i) and (ii) above are not accomplished despite -Coverity’s reasonable efforts, terminate your rights and Coverity’s obligations hereunder with respect to such Software -and refund the unamortized portion of the license fees paid for such Software, based upon a straight-line depreciation over -the term of the license commencing as of the date you received such Software. - -5.2. Exclusions. Notwithstanding the terms of Section 5.1, Coverity will have no liability for any infringement or -misappropriation action or claim of any kind to the extent that it results from: (a) modifications to the Software made by a -party other than Coverity, if the infringement or misappropriation would not have occurred but for such modifications; -(b) the combination, operation or use of the Software with equipment, devices, software, systems or data not supplied by -Coverity, if the infringement or misappropriation would not have occurred but for such combination, operation or use; -(c) your failure to use updated or modified Software provided by Coverity to avoid infringement or misappropriation; -(d) Coverity’s compliance with any designs or specifications provided by you; (e) your use of the Software other than as -authorized by this Agreement. - -5.3. Sole Remedy. THE PROVISIONS OF THIS SECTION 5 SET FORTH COVERITY’S SOLE AND EXCLUSIVE -OBLIGATIONS, AND YOUR SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR -MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND. EXCEPT AS SET FORTH ABOVE, -COVERITY AND ITS SUPPLIERS DISCLAIM ALL IMPLIED OBLIGATIONS WITH RESPECT TO INTELLECTUAL -PROPERTY INDEMNIFICATION. - -6. LIMITATION OF LIABILITY. - -6.1 Exclusion of Damages. Notwithstanding anything to the contrary, this Agreement does not limit liability due to -death or personal injury caused by gross negligence, or liability due to fraudulent misrepresentations or willful -misconduct, or liability arising from breaches of confidentiality obligations or license grants or conditions hereunder. -SUBJECT TO THE FOREGOING SENTENCE, IN NO EVENT WILL EITHER PARTY, OR ITS SUPPLIERS, BE LIABLE TO THE -OTHER FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF -USE, DATA, BUSINESS OR PROFITS, REVENUE, GOODWILL, ANTICIPATED SAVINGS) OR FOR the cost of procuring -substitute products OR SERVICES ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON CONTRACT, -WARRANTY, TORT (INCLUDING NEGLIGENCE), FAILURE OF A REMEDY TO ACCOMPLISH ITS PURPOSE, STRICT -LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You may have other -rights under applicable mandatory local laws. This Agreement does not change your rights under applicable mandatory -local laws if such laws do not permit it to do so. - -6.2 Cap on Liability. IN NO EVENT WILL COVERITY OR ITS SUPPLIERS’ AGGREGATE LIABILITY UNDER THIS -AGREEMENT, OR RELATING TO ITS SUBJECT MATTER, EXCEED, FOR THE SOFTWARE, THE AMOUNT PAID BY YOU -FOR THE SOFTWARE GIVING RISE TO THE CLAIM, AND WITH RESPECT TO SERVICES, THE AMOUNT PAID BY YOU -FOR THE SERVICES GIVING RISE TO THE CLAIM. - -7. EXPIRATION AND TERMINATION. - -7.1. Termination for Breach. Either party will have the right to terminate this Agreement or any Order Schedule if the -other party breaches any material term of the Agreement or Order Schedule, as the case may be, and if such breach is capable -of cure, the breaching party fails to cure such breach within thirty (30) days after receiving written notice thereof. Either -party will have the right to terminate this Agreement if the other becomes insolvent or makes an assignment for the benefit -of creditors, or a trustee or receiver is appointed for such other party or for a substantial part of its assets, or bankruptcy, -reorganization or insolvency proceedings shall be instituted by or against such other party. Termination of this -Agreement under this section terminates all Order Schedules and Software licenses granted hereunder. - -7.2. Effect of Termination or Expiration. Upon termination or expiration of this Agreement or an Order Schedule, all -Software licenses and rights to use Confidential Information that are granted thereunder shall terminate. Upon termination -of this Agreement or expiration of the license term in any Order Schedule, you will: (a) promptly return to Coverity or -destroy the applicable Software and Confidential Information and all copies and portions thereof, in all forms and types of -media; and (b) promptly pay all fees owing up to the date of termination. - -7.3. Survival. Sections 1, 2.2, 2.4, 2.5, 3, 4.3, 5.3, 6, 7.2, 7.3 and 8, will survive the termination or expiration of this -Agreement or of any Order Schedule. - -8. GENERAL. - -8.1. Promotion. Unless otherwise provided in the Order Schedule, you agree that Coverity may use your name and logo -(in a form you approve) to identify you as a customer on Coverity’s website or in marketing or publicity materials or in -any filings made in connection with state or federal securities laws. Additionally, upon acceptance of this Agreement, the -parties will use commercially reasonable efforts to issue mutually agreed upon joint press releases or other public -communications announcing Customer’s entry into this Agreement. - -8.2. Services. If Coverity provides any onsite support services to Customer (the “Services”), the Services shall be -governed by the Coverity Onsite Support Services Terms attached to this Agreement. In the event that the Coverity Onsite -Support Services Terms are not included herein (as an addendum hereto or otherwise), the terms for Onsite Support -Services, are hereby incorporated herein by reference, and are available at http://www.coverity.com/html/ -onsite_support_services_terms.html, or as otherwise indicated in the Order Schedule. - -8.3. Export Control. You agree to comply fully with all relevant export laws and regulations, including those of the -United States and the Member States of the European Union. These laws include restrictions on destinations, end-users -and end use. you will ensure that neither the Software, nor any direct product thereof are: (a) exported or re-exported -directly or indirectly in violation of applicable export laws; or (b) used for any purposes prohibited by applicable export -laws, including but not limited to nuclear, chemical, or biological weapons proliferation. You will, at Coverity’s request, -demonstrate compliance with all such applicable export laws, restrictions, and regulations. - -8.4. Assignment. You may not assign this Agreement, in whole or in part, by operation of law or otherwise. Any attempt to -assign this Agreement without such consent will be void and of no effect. Subject to the foregoing, this Agreement will -bind and inure to the benefit of each party’s permitted successors and assigns. - -8.5. Governing Law and Jurisdiction. This Agreement will be governed by and construed in accordance with the laws of -the State of California excluding that body of laws known as conflicts of law. The parties expressly agree that the United -Nations Convention on Contracts for the International Sale of Goods will not apply. Any legal action or proceeding -arising under this Agreement will be brought exclusively in the federal or state courts located in the Northern District of -California and you and Coverity irrevocably consent to the personal jurisdiction and venue therein. - -8.6. Verification and Audit. In addition to the Use and Compliance Data collected by the License Manager, Customer will -monitor and track access to and use of the Software. At Coverity’s written request, you will furnish Coverity with (a) a -certification signed by an officer of your company providing user or access information that identifies whether the -Software is being used in accordance with the terms of this Agreement and the applicable Order Schedules, and (b) log files -from any License Manager that regulates access to the Software. Upon at least thirty (30) days prior written notice, -Coverity may engage, at its expense, an independent auditor to audit your use of the Software to ensure that you are in -compliance with the terms of this Agreement and the applicable Order Schedules. Any such audit will be conducted during -regular business hours at your facilities and will not unreasonably interfere with your business activities. You will -provide the auditor with access to the relevant records and facilities. If an audit reveals that you have underpaid fees to -Coverity during the period audited, then Coverity will invoice you, and you will promptly pay Coverity for such -underpaid fees based on Coverity’s price list in effect at the time the audit is completed. If the underpaid fees exceed five -percent (5%) of the license fees paid by you for the Software, then you will also pay Coverity’s costs of conducting the -audit. - -8.7. Nonexclusive Remedy. Except as expressly set forth in this Agreement, the exercise by either party of any of its -remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise. - -8.8. Force Majeure. Neither party will be responsible for any failure or delay in its performance under this Agreement -(except for any payment obligations) due to causes beyond its reasonable control, including, but not limited to, labor -disputes, strikes, lockouts, shortages of or inability to obtain labor, energy, raw materials or supplies, war, terrorism, riot, -natural disasters or governmental action. - -8.9. Notices. All notices required or permitted under this Agreement will be in writing. Notices will be effective upon -delivery if delivered in person and upon mailing if delivered by courier service, overnight delivery services or by a form -of certified or express mail. Notices affecting this Agreement as a whole will be sent to the address set forth above, if any, -or to such other address of a party as such a party may identify in writing; notices related to a particular transaction will be -sent to the primary corporate addresses set forth in the Order Schedule or to such other address as you or Coverity may -notify the other party in writing. - -8.10. Entire Agreement; Modification; Interpretation. This Agreement, including any Addendums hereto and any -Statements of Work attached thereto, and all accepted Order Schedules referencing this Agreement, constitute the complete -and exclusive understanding and agreement between you and Coverity regarding its subject matter and supersedes all -prior or contemporaneous agreements or understandings, written or oral, relating to its subject matter. You agree that -additional or different terms on your purchase order shall not apply. Failure to enforce any provision of this Agreement -will not constitute a waiver of future enforcement of that or any other provision. Any waiver, modification or amendment -of this Agreement will be effective only if in writing and signed by you and an authorized representative of Coverity. If -for any reason a court of competent jurisdiction finds any provision of this Agreement invalid or unenforceable, that -provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in -full force and effect. The word "including" when used in this Agreement will mean including without limitation of the -generality of any description, definition, term or phrase preceding that word. - -8.11. U.S. Government Restricted Rights. The Software is “Commercial Computer Software” as defined under FAR -252.227-7014. For Customers subject to the Defense Federal Acquisition Resolutions (DFAR), the Commercial Computer -Software and associated documentation are sold pursuant to Coverity's standard commercial license pursuant to DFARS -227.7202-1.Commercial Products. For all other government customers, use, duplication, or disclosure by the U.S. -Government is subject to restrictions set forth in subparagraph (b)(2) of Commercial Computer Software License 48 CFR -52.227-19, as applicable. - -END OF TERMS |