Software Garden Legal Material:
Commercial License Companion to the Servertest Software License
SOFTWARE GARDEN COMMERCIAL LICENSE COMPANION TO THE SERVERTEST SOFTWARE LICENSE 1.0
Software licensed by Software Garden, Inc., that states that it may not be used for Commercial Purposes nor Distributed Commercially unless the terms of the companion Commercial License are met (the "Software") is subject to the following additional license requirements for use or distribution:
Definitions
"Commercial Purposes" means you are a business with annual sales or revenues greater than $25,000 and use the software as part of that endeavor. (A "business" files business tax returns, including the personal Schedule C, or should if it was in the USA.) Non-profit educational institutions are not considered businesses for this license, nor are U.S. 501(c)(3) tax exempt organizations. Use for training purposes in an educational setting within any business is not considered use for Commercial Purposes.
"Distributed Commercially" means a charge is made for the distribution, installation, training, etc., of the Software or the Software is used as part of a service or product for which payment is made or required.
Requirements
Payment of a License Fee to Software Garden, Inc., is required if the Software is used for Commercial Purposes. The current amount of the License Fee and method of payment is listed on the Software Garden, Inc., website, www.softwaregarden.com, or may be obtained from the postal address below.
Before payment of the License Fee, the Software may be used for Commercial Purposes during a single 30-day Evaluation Period in order to determine whether or not the Software meets the intended needs and performs satisfactorily. After that Evaluation Period, a License Fee must be paid or else use of the Software must cease.
Multiple copies of the Software require one License Fee for each simultaneous user of the Software, but no more than one License Fee per person who uses it (i.e., a single individual may run multiple simultaneous copies on multiple computers on behalf of a single company while paying only one License Fee, but if five users each are using it at the same time five License Fees must have been paid).
All use of the Software that is Distributed Commercially is considered use for Commercial Purposes, even if such use would not be considered commercial otherwise (e.g., use by an educational institution, or personal use). Also, in such case, the 30-day Evaluation Period does not apply. The responsibility for making sure that payment is made to Software Garden, Inc., rests with the distributor.
In the event that Software Garden, Inc., has ceased to exist, has officially released users of this Software from this Commercial License requirement through public notice, or is unresponsive to reasonable attempts to be paid, then these Commercial License requirements are waived.
License version: 1.0/2004-05-17
Software Garden, Inc.
PO Box 610369
Newton Highlands, MA 02461 USA
www.softwaregarden.com
Software licensed by Software Garden, Inc., that states that it may not be used for Commercial Purposes nor Distributed Commercially unless the terms of the companion Commercial License are met (the "Software") is subject to the following additional license requirements for use or distribution:
Definitions
"Commercial Purposes" means you are a business with annual sales or revenues greater than $25,000 and use the software as part of that endeavor. (A "business" files business tax returns, including the personal Schedule C, or should if it was in the USA.) Non-profit educational institutions are not considered businesses for this license, nor are U.S. 501(c)(3) tax exempt organizations. Use for training purposes in an educational setting within any business is not considered use for Commercial Purposes.
"Distributed Commercially" means a charge is made for the distribution, installation, training, etc., of the Software or the Software is used as part of a service or product for which payment is made or required.
Requirements
Payment of a License Fee to Software Garden, Inc., is required if the Software is used for Commercial Purposes. The current amount of the License Fee and method of payment is listed on the Software Garden, Inc., website, www.softwaregarden.com, or may be obtained from the postal address below.
Before payment of the License Fee, the Software may be used for Commercial Purposes during a single 30-day Evaluation Period in order to determine whether or not the Software meets the intended needs and performs satisfactorily. After that Evaluation Period, a License Fee must be paid or else use of the Software must cease.
Multiple copies of the Software require one License Fee for each simultaneous user of the Software, but no more than one License Fee per person who uses it (i.e., a single individual may run multiple simultaneous copies on multiple computers on behalf of a single company while paying only one License Fee, but if five users each are using it at the same time five License Fees must have been paid).
All use of the Software that is Distributed Commercially is considered use for Commercial Purposes, even if such use would not be considered commercial otherwise (e.g., use by an educational institution, or personal use). Also, in such case, the 30-day Evaluation Period does not apply. The responsibility for making sure that payment is made to Software Garden, Inc., rests with the distributor.
In the event that Software Garden, Inc., has ceased to exist, has officially released users of this Software from this Commercial License requirement through public notice, or is unresponsive to reasonable attempts to be paid, then these Commercial License requirements are waived.
License version: 1.0/2004-05-17
Software Garden, Inc.
PO Box 610369
Newton Highlands, MA 02461 USA
www.softwaregarden.com