1. This license (unless otherwise stated herein) is for a single user, for use on any one computer, on one site.
(a) This license may be transferred to another user by contacting Bluestone. Note: License transfer requests can only be honored for customers having a current, valid maintenance contract and must be accompanied by a copy of the completed and signed "License Transfer Request" (appendix "A" to this license).
2. Customer may not modify, reverse engineer, disassemble or decompile the Software.
(b) When copying is an essential step in the use of the Software with the computer so long as the copies are used in no other manner.
4. Customer has no rights to copy unless it acquires an appropriate license to reproduce from Bluestone.
5. Customer agrees that no warranty, installation or training is provided by Bluestone for any copies made by Customer unless otherwise agreed to in writing by Bluestone.
6. All copies of the Software must bear the copyright notice(s) contained in or on the original. Customer shall maintain accurate records of the number and location of all copies of the Software and shall promptly provide a current listing to Bluestone upon request.
8. Customer acknowledges and agrees that the Software is copyrighted and protected under the Copyright laws of the United States, and the Software is confidential and a trade secret. Customer agrees to use its best efforts to maintain the confidential nature of the Software.
10. Upon such transfer, Customer agrees that its right to use the Software is terminated and that it will either destroy its originals and copies or deliver them to the third party.
11. Transfer to a US Government department or agency or to a prime or lower tier contractor in connection with a US Government contract shall be made only with the prior written consent of Bluestone, including the placement of appropriate legends on the Software and inclusion of the appropriate contract provisions in Customer's contract with such U. S. Government agency or department.
19. Bluestone shall not have any liability to Customer or to any other person, in tort, contract or otherwise, for claims, losses, damages or injuries arising out of the use or licensing of the Software, except for the return, by Bluestone, of any amount not in excess of the license fee received in respect of the License. In no event shall Bluestone be liable to customer or any third party for consequential or special damages or lost profits, including, without limitation, consequential, or special damages for loss of good will, work stoppage, computer failure or malfunction, loss of work product, or any and all other commercial damages or losses, direct or indirect, even if Bluestone has been advised of the possibility of such damages or losses.
21. Bluestone shall, at its expense, indemnify, defend and hold Customer harmless against any claim that the Software infringes on any copyright in the United States, provided that Customer gives Bluestone prompt, written notice of such claim and allows Bluestone to control the defense and all related settlement negotiations. Customer shall allow Bluestone, at Bluestone's option and expense, if any infringement claim has occurred or in Bluestone's reasonable judgment is likely to occur, to procure the right for Customer to continue using the Software or to replace or modify the Software so that it becomes non-infringing; and if neither of the foregoing alternatives is available on terms which are reasonable, in Bluestone's sole discretion, Customer shall, upon the request of Bluestone, return the Software to Bluestone, whereupon Bluestone shall return the license fee to Customer. Bluestone shall incur no liability to Customer on account of such request and return, except for return of the license fee as provided herein.
22. These Software License Terms take precedence over Customer's additional or different terms or conditions, to which notice of objection is hereby given. Neither Bluestone's commencement of performance nor delivery shall be deemed or construed as acceptance of Customer's additional or different terms and conditions.
23. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes any prior agreement, understanding, proposal or communication, oral or written, between the parties with respect to such subject matter.
24. The Customer may use SAPPHIRE/WEB to develop proprietary Software and market that Software without paying any royalties, runtime or other fees on that Software.
25. The Customer shall not release the results of any benchmark testing of SAPPHIRE/WEB to any third party without the prior written approval of Bluestone.