Non-commercial STEP FORWARD License

Version 7

1. Definitions

STEP FORWARD - is a registered Trademark of Gestalt Corporation (Gestalt) for a general purpose computer program to receive, store, manipulate and retrieve data and information in accordance to the end users specification. Said Trademark is used under license by any related companies as Registered Users.
Product - means a duly licensed copy of STEP FORWARD in Executable Code, with the accompanying materials, and any designated derivatives and enhancements thereto.
Agent - means a legal entity representing or authorized to act on behalf of another legal entity.
Configurator - means an individual who has been authorized by the Non-commercial Licensee to utilize a licensed copy of STEP FORWARD to test and/or create STEP FORWARD-based applications and who actually carries out the configuration process.
Configured or Configuration - means the process of creating a STEP FORWARD-based application.
End-User - means any Legal Entity targeted as a potential user or an actual user of the Product who must have obtained a Commercial Licensee in order to commercially deploy the Product.
Executable Code - means computer instructions in any form other than Source Code.
Legal Entity - means and includes, without creating limitations of any kind, an individual or a partnership; an incorporated company, organization, or institution; or a government agency; or any entity recognized under law to be capable of entering into contractual relationships.
Non-Commercial License - means this Document and the inherent right to utilize STEP FORWARD, free of charge, for non-commercial use only i.e. you can’t use it for your own business, or any other purpose that would generate revenue to you; provided, however, that you may utilize STEP FORWARD to personally provide volunteer services on a no-fee basis, from your own computer, to a NPO in which you are a member.
Licensee - means any Legal Entity that has obtained this Non-Commercial License to utilize the Product for any non-commercial Purpose.
Licensor - means Gestalt Corporation or its parent company (Gestalt), which can be reached at info@gestalt.com.
Purpose - means the non-commercial utilization of the Product, as provided for under “Non-Commercial License” to learn about STEP FORWARD’s capabilities and to train oneself in the art and science of application development afforded by STEP FORWARD.
Source Code - means computer instructions in its original human readable form.
STEP FORWARD-based - means any application created, in whole or in part, with STEP FORWARD; being a collection of serialized Java objects that can perform a specific task under the STEP FORWARD runtime environment.
You or Your - usually used in lower case, means the Legal Entity or its Agent(s) exercising rights under, and complying with all of the terms and conditions of this Non-commercial License or a future version of this Non-commercial License issued as provided for under Section 4.1 of this License.
Your Application - means a STEP FORWARD-based application being configured by you for self-training purposes or for eventual distribution after obtaining a Commercial License, subject to the eventual End-User(s) acquiring a STEP FORWARD License, directly from the Licensor.

2. License Term

2.1 Effective Date

This License becomes effective and binding on you the moment that you install the Product.

2.2 Expiration Date

The Licensor shall deliver to the Licensee the Product with a non-expiring term.

3. STEP FORWARD License

3.1 Using STEP FORWARD

The Licensor hereby grants you a royalty-free, non-exclusive, non-transferable, non-sub-licensable right, subject to any third -party intellectual property claims, to use the Product for your personal non-commercial use.

3.2 Adding your own functionality

You can add your own functionality to STEP FORWARD in the form of pre-compiled Java classes. Any such class that you create shall remain your own intellectual property.

3.3 Licensor's Property Right

The Licensee acknowledges the Licensor's exclusive and beneficial ownership of all intellectual property rights in and to the Product generally and STEP FORWARD specifically, and will not attempt or cause anyone else to attempt to reverse-engineer, decompile, disassemble, develop a competing product, rent, distribute, or market the Product.

3.4 No Rights in Trademarks or Copyrights

You acknowledge that Gestalt owns and retains all copyrights and other proprietary rights in the Product and you agree that you will not, at any time, claim any interest in the Product. Furthermore, you undertake not to do anything which may adversely affect the validity or enforceability of any trademark, trade name, copyright or logo belonging to or licensed to Gestalt (including, without limitation, any act, or assistance to any act, which may infringe or lead to the infringement of Gestalts copyright in the Product).

3.5 Designation Excluded

You are not permitted to identify yourself as a Certified STEP FORWARD Configurator unless and until you have received written approval to do so, from a duly authorized representative of the Licensor.

4. Rights Reserved by Licensor

4.1 Versions of the Non-Commercial License

You agree to be bound by the terms of the License version that was in effect with the Product version for which you obtained the License.

4.2 Non-Commercial License Restrictions

4.3 Miscellaneous

The failure of or delay by the Licensor to exercise any of its rights under this License or any other written Agreement or upon breach of this License or any other written Agreement shall not be deemed a waiver of those rights or of the breach.

5. Disclaimers

5.1 No Warranty

THE PRODUCT IS PROVIDED UNDER THIS LICENSE ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE PRODUCT IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT AND ANY STEP FORWARD-BASED APPLICATION IS WITH YOU. SHOULD ANY STEP FORWARD-BASED APPLICATION PROVE DEFECTIVE IN ANY RESPECT, YOU ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF THE PRODUCT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A LICENSOR'S REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE LICENSOR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF DOWNLOADING, OR USE OF THE PRODUCT.

Some jurisdictions do not allow the exclusion of implied warranties, so the warranty language above may not apply to you. In such case, the Licensors liabilities shall be limited by the provisions below entitled Limitation on Liability.

5.2 Limitation on Liability

In no case will the Licensors liability exceed the amount of the license fee actually paid by the Licensee to the Licensor. In the event that the Licensor is awarded damages under this clause, the Licensee shall immediately and instantaneously forfeit all rights to use the Product.

5.3 Support

The Product is supported by the Licensor on a negotiated fee basis.

6. Legal Matters

6.1 Jurisdiction

This License shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to conflicts of law provisions thereof. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

6.2 Enforceability

This License represents the complete agreement concerning the subject matter hereof. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Any law or regulation which provides that the language of a contract shall be construed against the drafter shall not apply to this License.

7. No Coercion

If you are unable to agree to the terms of this License in a whole-hearted manner and without reservation, you should not proceed with the installation of the Product or utilize it in whatever setting.

Trademark Notice

STEP FORWARD and the Triple-Arrow are Registered Trademarks of

Gestalt Corporation, Calgary, AB, Canada, T2J OK5.