MERANT Micro Focus
Object COBOL Developer Suite & Server Express
Welcome to MERANT Micro Focus leading UNIX development tools for distributed computing and e-business applications. This documentation includes installation instructions and licensing agreements for Object COBOL Developer Suite v4.1 for AIX and MERANT Micro Focus new flagship product Server Express for AIX. For more information on these exciting products please visit the MERANT Micro Focus web site at
www.merant.com/adsFor help with installing or using these special evaluation versions of MERANT Micro Focus AIX products please
To install Object COBOL Developer Suite v4.1 on your AIX System you will need the following license key:
Serial No: DEMON41
License No: 02010 1FFC0 014AB 23807 E3CD 19991031
To install Server Express 1.0 on your AIX system you will need the following license key:
Serial No: DEMONSX
License No: 02030 1FFC0 014AA DBC01 DD51 19991031
These evaluation products will expire on the 31st of October 1999.
Thank you for considering MERANT Micro Focus solutions for your AIX platform. If you require further information on MERANT solutions please contact our web site at
www.merant.com.
MERANT Micro Focus Product Marketing
Index
Object COBOL v4.1 Read This First and Product Installation Guide
Object COBOL v4.1 Licensing Agreement
Server Express 1.0 Read This First and Product Installation Guide
Server Express 1.0 Licensing Agreement
™ V4.1 For UNIX®
Read This First and
Product Installation Guide
Table of Contents
Welcome
Important Licensing Information
Install Type C
Software Installation
For More Information
Welcome to Micro Focus Object COBOL for UNIX
This Read This First and Product Installation Guide provides basic information and installation instructions for Micro Focus Object COBOL V4.1 for UNIX and the License Management Facility used to manage product licenses.
Important Licensing Information
Using Micro Focus Products for UNIX
Before installing and using your Micro Focus product for UNIX you should ensure that you have read and understood the license agreement supplied with the product. If you cannot find the license or do not fully understand it, please contact your Micro Focus Account Representative or your Micro Focus licensed supplier before proceeding.
Throughout this document references are made to $COBDIR. $COBDIR is the location at which you install your COBOL products. The defaults are /usr/lib/cobol for UNIX SVR3 and AIX systems, /opt/lib/cobol for UNIX SVR4 and SCO systems, and /opt/cobol/cobdir for Hewlett-Packard systems. Wherever examples of setting environment variables are provided, product defaults are used.
All example command lines are specific to sh and ksh. If you are using csh you should use the equivalent csh commands for the examples provided.
If you have a previous Micro Focus COBOL product installed we recommend that you make a backup of any COBOL systems files that you may have changed. Examples include cobkeymp, ADISCTRL, cobopt and cobconfig. After you have installed your new Micro Focus COBOL product you might want to apply to the new COBOL product the changes previously applied to these files.
If you are installing a COBOL system over an existing COBOL system, you must delete the existing COBOL system first. Alternatively, you may prefer to move your existing COBOL system to another directory until you have verified the new installation.
This Micro Focus product is managed by a License Management Facility (LMF). This facility helps you keep track of the number of licenses you have for the product. In order to use this product it is necessary for you to install the License Management Facility (which is provided with the Object COBOL software). This software should be installed in a different directory to the COBOL product. The defaults are /usr/lib/mflmf for UNIX SVR3 and AIX systems, /opt/lib/mflmf for UNIX SVR4 and SCO systems, and /opt/cobol/mflmf for Hewlett-Packard systems.
Install Type C - CD-ROM
This section provides information on extracting the software from CD-ROM. Note that the CD-ROMs are in ISO 9660 format, and should be mounted using appropriate system-specific mount options.
mkdir /usr/lib/cobol cd /usr/lib/cobol
umask 022
tar xvf /cdrom/ocobol.tar
where /cdrom is the path associated with the mounted CD-ROM.
Software Installation
This section provides information on installing the extracted software.
sh ./install
If your operating system requires this and the necessary files are installed on your machine, then you will be given the option to install the necessary COBOL support (in addition to the default procedural (traditional) COBOL support). If you are given the option, answer either Y(es) or N(o).
If you operating system does not require the C++ components to be installed in order to support Object Oriented COBOL application development then you will not be prompted and you need take no special action.
Y
If you answer no, you can install LMF at a later time by logging in as root, changing directory to $COBDIR/lmf and entering sh ./lmfinstall.
Important: Until an LMF system is installed on your system you will not be able to use this product.
Y
If you answer no, you can implement this later. Refer to your
License Management Facility Administrator's Guide for details.COBDIR=/usr/lib/cobol export COBDIR PATH=/usr/bin:$PATH export PATH
On IBM RS/6000 Systems running AIX the following variable also needs to be set:
LIBPATH=/usr/lib:$COBDIR/coblib:$LIBPATH export LIBPATH
cd /usr/lib/mflmf sh ./mflmman
Additional information on Starting the License Manager can be found in the chapter Administration Tasks in your
License Management Facility Administrator's Guide.
©Copyright 1998, Micro Focus Limited. All rights reserved.
Micro Focus is a registered trademark, and the Micro Focus logo, Object COBOL, Application Server, AS, OSX and Dialog System are trademarks of Micro Focus Limited. Other trademarks are the property of their respective owners.
Object COBOL™ V4.1 For UNIX®
END USER SOFTWARE LICENSE AGREEMENT
BREAKING THE SEALED WRAPPER OF THE MEDIA FOR THE SOFTWARE PRODUCT ACCOMPANYING THIS LICENSE INDICATES YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS END USER SOFTWARE LICENSE AGREEMENT. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, RETURN THE ENTIRE PROGRAM PACKAGE UNUSED AND UNOPENED, INCLUDING THE DOCUMENTATION, THE UNOPENED MEDIA PACKAGE, AND, IF APPLICABLE, ANY SUPPLIED MICRO FOCUS SOFTWARE SECURITY KEY(S), TO THE SUPPLIER OF THE PRODUCT
.1. Grant of License.
Micro Focus ("Micro Focus") grants you, as an end user, a personal,exclusive license to use the software ("Software") and documentation ("Documentation") comprising this program package ("Program Package"), only within the continent where you acquired the Program Package, subject to the following terms and conditions and any additional terms and conditions specified as "License Information" in the Documentation.A. You may use the Software in object code form only:
a. on a single computing machine at any one time and only by a single user (except as otherwise provided in Section 9 with respect to certain Micro Focus products for UNIX); and
b. for making a reasonable number of copies of the Software in machine readable form for backup and archive purposes only. All such copies are to be included as Software for the purpose of these terms and conditions. Copyright notices contained in the Software shall be reproduced in all such copies.
B. You agree not to:
a. Transfer the Software or Documentation to a third party without the prior written consent of Micro Focus;
b. Distribute, rent, lease, or sub-license all or part of the Program Package to any other person, except as specifically permitted in Section 9, below;
c. Copy the Documentation. Additional copies of the Documentation for authorized use may be purchased from Micro Focus or its authorized distributors;
d. Make simultaneous use of the Software on multiple computing machines. Except as otherwise provided in Section 9 with respect to certain Micro Focus products for UNIX, any use of the Software on a local area network or multi-user system requires separate network or multi-user system licensing. Please contact your Micro Focus Representative for details and charges.
e. Attempt to modify or adapt the Software or Documentation or to reverse engineer, reverse compile, or disassemble the object code to the Software;
f. Use the Program Package in a manner other than as described in this Agreement; or
g. Take the Program Package from one continent to another for permanent use without Micro Focus' prior written consent.
2. Term of License. Subject to termination for your breach of this Agreement, this Agreement and your license will last indefinitely. If you violate any term or condition of this Agreement, Micro Focus or its agents may terminate this Agreement and your license immediately by giving you written notice of termination. You may also terminate this Agreement and your license voluntarily by giving notice of termination to Micro Focus. You will have no right to keep or use any copy of the Software for any purpose after termination and agree upon request to return the Program Package, and all copies, to Micro Focus.
3. Limited Warranty.
Micro Focus warrants for a period of ninety (90) days from delivery to you (the "Warranty Period") that the copy of the Software delivered to you conforms in all material respects to the Documentation and that the media on which the Software is supplied are free from defects in materials or workmanship under normal use. As the sole and exclusive remedy for the media not meeting the above warranty, Micro Focus will repair or replace free of charge any defective recording medium on which the Software is recorded if the medium is returned to Micro Focus by you during the Warranty Period. This warranty does not cover defects due to accident, abuse, service or modification by any unauthorized person, or any cause occurring after initial delivery of the medium to you. As the sole and exclusive remedy for any failure of the Software to conform to the Documentation, Micro Focus shall repair, replace, or correct the Software if such failure is reported during the Warranty Period or, if Micro Focus reasonably determines that such remedy is not economically or technically feasible, Micro Focus or your product suppliers shall provide a full refund of the license fee paid with respect to the particular Software.4. Disclaimer of Warranty.
Except as provided herein, all conditions, warranties, and undertakings, express or implied, statutory or otherwise, on the part of Micro Focus and its third-party suppliers are excluded including without limitation those of merchantability or fitness for purpose. The Software cannot be tested in every possible operating environment; therefore, Micro Focus does not warrant that the functions contained in the Software will meet your requirements, or that operation of the Software will be uninterrupted, or that this Program Package is error free. You acknowledge that you are responsible for the selection of this Program Package to achieve your intended results and for the installation, use of, and results obtained therefrom. This Agreement, however, shall not purport to exclude or restrict the liability of Micro Focus to any extent not permitted by law.5. EXCLUSION OF DAMAGES.
NEITHER MICRO FOCUS NOR ANY THIRD-PARTY SUPPLIER SHALL BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE WHETHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM PACKAGE INCLUDING WITHOUT LIMITATION LOST PROFITS, CONTRACTS DATA, OR PROGRAMS, INCLUDING THE COST OF RECOVERING SUCH DATA OR PROGRAMS, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.6. LIMITATION OF LIABILITY.
ANY LIABILITY OF MICRO FOCUS SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS PAID BY YOU FOR THIS PROGRAM PACKAGE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. THE LIMITATION OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLIES TO ANY THIRD-PARTY SUPPLIER OF MATERIALS SUPPLIED TO YOU. MICRO FOCUS AND ITS THIRD-PARTY SUPPLIER LIMITATIONS OF LIABILITIES ARE NOT CUMULATIVE. THIS AGREEMENT, HOWEVER, SHALL NOT PURPORT TO EXCLUDE OR RESTRICT THE LIABILITY OF MICRO FOCUS TO ANY EXTENT NOT PERMITTED BY LAW.7. Ownership.
Micro Focus and its suppliers have and will retain all ownership rights to the Software and Documentation, including all patent rights, copyrights, trademarks, service marks, related goodwill and confidential and proprietary information. You have no rights in the Software or Documentation except as explicitly stated in this Agreement. Software provided under this Agreement may contain or be derived from portions of materials provided by a third-party under license to Micro Focus. Any such third-party suppliers are intended beneficiaries of Sections 1, 4, 5, and 6 of this Agreement. Micro Focus has assumed responsibility for the selection of such materials and their use in producing the Program Package.8. Use by Government of the United States of America.
Use, duplication, or disclosure by the Government of the United States is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227­7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contact Micro Focus, 2465 East Bayshore Road, Palo Alto, California 94303.9. Program Package Specific License Terms for UNIX.
If the Program Package is a Micro Focus COBOL product for UNIX, per user licensing fees apply. Licenses for additional users on the same installation require an additional single user copy license fee be paid for each additional user. Applications which make use of files contained in Operating System Extensions (OSX) for UNIX or Application Server for UNIX require production licenses for each server and user of the application. This License grants you the right to use certain OSX, Application Server and user licenses. Please see the specific details in the User Documentation. Should you desire more information or need additional licenses please contact your Micro Focus Representative for more information.10. Security Key(s) - Hardware and Software.
If provided, ownership of Micro Focus Software Security Key(s) ("Security Keys") and all intellectual property rights, related goodwill, and confidential and proprietary information in the Security Keys vest in Micro Focus or a third party from whom Micro Focus has obtained the right to license end users. You may not transfer the Security Keys to a third party without the prior written consent of Micro Focus, nor attempt to reverse engineer, reverse compile or disassemble the Security Keys. You agree to return the Security Keys to Micro Focus in the event of the termination of this License as specified in Section 2. The Limited Warranty as specified in Section 3, the Disclaimer of Warranty as specified in Section 4, Exclusion of Consequential Damages as specified in Section 5, and the Limitation of Liability as specified in Section 6 shall apply equally to Security Keys.11. License Fees, Payment and Terms.
You agree to pay the applicable end user license fees, any applicable transportation charges, and any Value Added Tax or other applicable taxes as may be required in the country where you acquired the Program Package, within thirty (30) days of the date of invoice.12. Exclusive Agreement.
This Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals, communications, purchase orders and prior agreements, verbal or written, between the parties. If you acquired the Program Package in North America, this License is governed by the laws of the state of California. If you acquired the Program Package in France, Germany or Japan, this License is governed by the laws of the country in which you acquired the Program Package. In the rest of the world, this License is governed by the laws of England.
Read This First and
Product Installation Guide
Table of Contents
Welcome to Server Express
This booklet provides basic information and installation instructions for Server Express
™ 1.0 and the License Management Facility used to manage product licenses.Important Licensing Information
Using MERANT
™ Micro Focus® Products for UNIX®Before installing and using your MERANT Micro Focus product for UNIX you should ensure that you have read and understood the license agreement supplied with the product. If you cannot find the license or do not fully understand it, please contact your MERANT Account Representative or your MERANT licensed supplier before proceeding.
Creating, Distributing and Licensing Your Applications for Internal Use or Redistribution
Each application created using a Server Express product that is to be deployed in a UNIX environment must include a Micro Focus Application Server
™ 1.0 for Server Express license from MERANT or from your MERANT licensed supplier. Application Server must be installed on the machine on which the application is to run. Please contact your MERANT Account Representative or your MERANT licensed supplier for details on purchasing Application Server licenses.In some cases you might need to create your own Application Server. If so, you can distribute the files listed in the on-disk file src/mkasp/mkasp_flist. However, you must still include an Application Server 1.0 for Server Express License.
Before You Start
Find the following components that are part of the product that you have received:
Throughout this document references are made to $COBDIR; this is the location at which you install your COBOL products. The default is /usr/lpp/cobol for IBM
® RS/6000® and PowerPC™ systems running AIX®, and /opt/lib/cobol for all other systems. Wherever examples of setting environment variables are provided, product defaults are used.All example command lines are specific to sh and ksh. If you are using csh you should use the equivalent csh commands for the examples provided.
If you have a previous Micro Focus COBOL product installed we recommend that you make a backup of any COBOL systems files that you might have changed. Examples include cobkeymp, ADISCTRL, cobopt and cobconfig. After you have installed Server Express you might want to re-apply any changes you previously made to these files.
If you are installing Server Express over an existing COBOL system, you must delete the existing COBOL system first. Alternatively, you might prefer to move your existing COBOL system to another directory until you have verified the new installation.
If you have installed, or plan to install, Application Server or any other MERANT Micro Focus product on the same machine as this product you must install them in different directories.
This Micro Focus product is managed by a License Management Facility (LMF). This facility helps you keep track of the number of licenses you have for the product. In order to use this product it is necessary for you to install the License Management Facility (which is provided with the Server Express software). This software should be installed in a different directory to the COBOL product; the default directory is /opt/lib/mflmf. If /opt/lib does not exist, /usr/lib/mflmf is used instead of /opt/lib/mflmf.
Your operating system must have shared memory support in order to run LMF.
Software Installation
This section provides information on extracting the software from CD-ROM on the target environment, and installing the software on the target environment. If the target environment does not have a CD-ROM drive go to the section Non-CD Installation. The CD-ROMs are in ISO 9660 format, and should be mounted using appropriate system-specific mount options. Examples are provided in the separate document Important CD-ROM Information.
You need to log-on as the root user to install Server Express.
1. Insert the CD-ROM, labeled Server Express 1.0 and Application Server 1.0 for Server Express products, into the CD-ROM drive (this might involve using a caddy). If the CD-ROM is not automatically mounted, also mount the CD-ROM using the appropriate system commands. Examples are provided in the separate document Important CD-ROM Information
2. Change directory to the CD-ROM, then run the setup script:
./setup.sh
3. You are asked to agree to the license agreement. The script will print:
Before installing and using this MERANT software product you must agree to be bound by the terms and conditions of the MERANT end user license agreement ("License Agreement") which accompanies this product. Please take this time to read the License Agreement. If you are not in agreement with the terms and conditions of the License Agreement, please return the product to your MERANT Account Representative and your money will be refunded. If you require a replacement copy of the License Agreement, please contact your MERANT Account Representative before proceeding with the install process.
4. Select the product that you want to install from the list of different platforms and products which are carried on the CD-ROM.
5. Select Server Express.
6. You are told approximately how much space is needed by the product; confirm that you want to continue the installation.
7. Specify the directory into which you want to install the product. This directory is referred to as $COBDIR. The directory is created if it does not already exist.
8. Choose whether to install the Intersolv ODBC drivers. If you are going to use the OpenESQL part of this product you should answer yes.
9. Choose whether to install the License Management Facility (LMF). Unless you are re-installing Server Express, and LMF for Server Express is already installed, we strongly recommend that you answer yes.
Important: Until an LMF system is installed on your system you will not be able to use Server Express.
If you answer no, you can install LMF at a later time by logging in as root, changing directory to $COBDIR/lmf and entering
sh ./lmfinstall
If LMF is not installed on your system, you are asked for the directory in which to install LMF. The default is /opt/lib/mflmf. If /opt/lib does not exist, /usr/lib/mflmf is used instead of /opt/lib/mflmf.
If a version of LMF is already running when you install LMF, you are asked if you want to install the new version in the same directory as the existing one; if you do not, the default directory is used.
Note: If LMF is already installed on your system, the LMF installation program enables you select appropriate options. Nothing is shut-down or overwritten without your permission
.10. Choose whether you want the License Manager to be started automatically when the machine boots. We recommend that you answer yes.
If you answer no, you can implement this later. Refer to your License Management Facility Administrator's Guide for details.
11. Choose whether to install CGI support (for using the product in conjunction with a web server). If you do not install this, you can install it later by changing directory to $COBDIR/bin/cgibin and running the command:
sh cobrun.inst
12. Unmount and remove the CD-ROM using the appropriate system commands. Examples are provided in the document Important CD-ROM Information.
Non-CD Installation
If your UNIX system does not have a CD-ROM you can install the product by mounting the CD-ROM on another machine, transferring the product to your machine, then running the install. To do this:
1. Mount the CD-ROM on the machine you have selected, using whichever commands are appropriate to the operating system of that machine.
2. Look at the file prodlist.txt. This lists the directory names and the products those directories contain.
3. Change to the directory containing the product you want to install.
The products are stored as tar files with filenames in the format nameasp.tar, or v1000cob.tar, where asp indicates Application Server, and cob Server Express.
4. Select the product you want to install and transfer that file (for example, by using ftp) to the required UNIX machine If you want to install the Intersolv ODBC drivers you should also transfer any files called odbc.tar (or the multi-threading version, odbc_t.tar , if required)
5. On the target UNIX system, create the directory into which you want to install the product, for example:
mkdir /opt/lib/cobol
6. Extract the contents of the tar file into that directory, for example:
cd /opt/lib/cobol
tar xvf /tmp/v1000cob.tar
where /tmp is the path of the directory into which the tar file was transferred from the machine upon which the CD-ROM was mounted.
7. Install the software by entering the following command:
sh ./install
8. You are asked to agree to the license agreement. The script will print:
Before installing and using this MERANT software product you must agree to be bound by the terms and conditions of the MERANT end user license agreement ("License Agreement") which accompanies this product. Please take this time to read the License Agreement. If you are not in agreement with the terms and conditions of the License Agreement, please return the product to your MERANT Account Representative and your money will be refunded. If you require a replacement copy of the License Agreement, please contact your MERANT Account Representative before proceeding with the install process.
9. You are asked whether you would like to install the License Management Facility (LMF). Unless you are re-installing Server Express (and LMF is already installed) we strongly recommend that you answer yes.
If you answer no, you can install LMF at a later time by logging in as root, changing directory to $COBDIR/lmf and typing:
sh ./lmfinstall.
Note:
Until an LMF system is installed on your system you cannot use Server Express.The LMF installation process asks you to specify the directory in which to install LMF. The default is /usr/lib/mflmf for RS/6000 and PowerPC systems running AIX, and /opt/lib/mflmf for all other systems.
10. Choose whether you want the License Manager to be started automatically when the machine boots. We recommend that you answer yes.
If you answer no, you can implement this later. Refer to your License Management Facility Administrator's Guide for details.
If you want to install the ODBC drivers:
1. Extract the tar files you transferred within $COBDIR. This creates subdirectories containing files that have the filename odbc.* where * is a wildcard.
2. Edit the odbc.* files to replace the string INSTALLDIR with the full pathname of the directory containing the file being edited.
If you want to install CGI support (for using the product in conjunction with a web server) change directory to $COBDIR/bin/cgibin and run the command:
sh cobrun.inst
Post-Installation
When you have installed the product:
1. Ensure that the environment is set correctly to point to the product, its drivers and, where appropriate, other environment variables:
COBDIR=/usr/lpp/cobol
export COBDIR
LIBPATH=/usr/lib:$COBDIR/lib:$LIBPATH
export LIBPATH
PATH=$COBDIR/bin:$PATH
export PATH
2. Make the location of the LMF software your current directory and start the License Manager for the first time:
cd /usr/lib/mflmf
sh ./mflmman
Additional information on Starting the License Manager can be found in the chapter Administration Tasks in your License Management Facility Administrator's Guide.
Before using Server Express, add the product licenses to the License Management Facility. Refer to the section Installing License Keys Initially in the chapter Administration Tasks in your License Management Facility Administrator's Guide. When you have done this, you are ready to use the product.
The license installation procedure can be summarized as follows:
1. As root, change to the directory in which you installed LMF
2. Type the command
3. Press F2 (or /2) and fill out the license details, taking them from your License Key Folder
4. Press Enter
5. Press F3 (or /3) to install the license
These steps can be repeated for each license that needs to be installed. When you have finished adding licenses, you should press F7 (or /7) to refresh the licensing daemon's view of the current licenses.
To exit from the license administration tool press Escape; confirm by pressing
Y.To ensure that the license server is running type
mflmmanFor More Information
For more information on the Server Express product, see your:
Additional information about MERANT and MERANT products is available on the World-Wide Web. Use a browser to connect to
http://www.merant.com.© Copyright 1999, MERANT International Limited. All rights reserved.
Micro Focus is a registered trademark, and MERANT, the MERANT logo, Server Express and Application Server are trademarks, of MERANT International Limited. Other trademarks are the property of their respective owners.
Licensing Agreement
IMPORTANT:
MERANT IS PROVIDING THE MERANT MICRO FOCUS SERVER EXPRESS SOFTWARE FOR YOUR USE SUBJECT TO YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF THESE TERMS AND CONDITIONS ARE NOT ACCEPTABLE TO YOU, DO NOT INSTALL THIS SOFTWARE, BUT RETURN IT UNOPENED TO YOUR DISTRIBUTOR AND YOUR MONEY WILL BE REFUNDED.END USER SOFTWARE LICENSE AGREEMENT FOR MERANT MICRO FOCUS SERVER EXPRESS v1.0
1. Grant of License.
MERANT ("MERANT") grants you, as an end user, a personal, non-exclusive, non-transferable license to use the Micro Focus Server Express ("Server Express") and/or Micro Focus Application Server for Server Express ("Application Server") software components and documentation ("Documentation") comprising this program package ("Program Package"), only within the continent where you acquired the Program Package, subject to the following terms and conditions:A. Server Express License. Upon payment of the applicable license fees, MERANT grants you the right to use the Server Express components of the Program Package on a single computing machine which may be accessed by only the number of authorized users for which you have paid applicable license fees. Use of Server Express is on a non-concurrent use basis and you may not make simultaneous use of the Software on multiple computing machines or on machines accessible by more than the number of authorized users for which you have paid license fees.
B. Application ServerLicenses. In order to use the Application Server for Server Express components of the Software you must pay for a production license for each Application Server copy used. MERANT offers specific production licensing options which vary depending upon the license fees paid by you.
a) Single License for Application Server. Upon payment of the applicable license fees, MERANT grants you the right to use and distribute the Application Server for use on a single host computing machine or server ("Host Servers") accessible by the number of concurrent users for which you have paid license fees. Please contact your MERANT representative for information on Single License pricing options details.
b) Site License for Application Server. Upon payment of the applicable license fees, MERANT grants you the right to use the Application Server on multiple Host Servers of the same operating class or type and which are accessible by an unlimited number of concurrent users. Use of the Application Server on Host Servers on differing operating systems or types will require payment of additional license fees. Please contact your MERANT sales representative for details.
c) Web Server License for Application Server. Upon payment of the applicable license fees, MERANT grants you the right to use the Application Server on a single Host Server which utilizes HTTP protocols via the internet for an unlimited number of concurrent or simultaneous users. Please contact your MERANT sales representative for details.
C. User Restrictions. You agree not to:
a. Transfer the Server Express, Application Server or Documentation to a third party without the prior written consent of MERANT;
b. Distribute, rent, lease, or sub-license all or part of the Program Package to any other person, except as specifically permitted herein;
c. Copy the Documentation except as necessary for making a reasonable number of copies of the Server Express or Application Server in machine readable form for backup and archive purposes only. Additional copies of the Documentation for authorized use may be purchased from MERANT or its authorized distributors;
d. Make simultaneous use of the Server Express or Application Server on multiple computing machines. Except as otherwise provided in Section 1 with respect to the Server Express or Application Server, any use of the Server Express or Application Server on a local area network or multi-user system requires separate network or multi-user system licensing. Please contact your MERANT Representative for details and charges.
e. Attempt to modify or adapt the Server Express, Application Server or Documentation or to reverse engineer, reverse compile, or disassemble the object code to the Software;
f. Use the Program Package in a manner other than as described in this Agreement; or
g. Take the Program Package from one continent to another for permanent use without MERANT’s prior written consent.
2. Term of License. Subject to termination for your breach of this Agreement (including without limitation those obligations for payment of license fees arising under Section 10, below), this Agreement and your license will last indefinitely. If you violate any term or condition of this Agreement, MERANT or its agents may terminate this Agreement and your license immediately by giving you written notice of termination. You may also terminate this Agreement and your license voluntarily by giving notice of termination to MERANT. You will have no right to keep or use any copy of the Software for any purpose after termination and agree upon request to return the Program Package, and all copies, to MERANT.
3. Limited Warranty.
MERANT warrants for a period of ninety (90) days from delivery to you (the "Warranty Period") that the copy of the Server Express or Application Server delivered to you conforms in all material respects to the Documentation and that the media on which the Server Express or Application Server is supplied are free from defects in materials or workmanship under normal use. As the sole and exclusive remedy for the media not meeting the above warranty, MERANT will repair or replace free of charge any defective recording medium on which the Server Express or Application Server is recorded if the medium is returned to MERANT by you during the Warranty Period. This warranty does not cover defects due to accident, abuse, service or modification by any unauthorized person, or any cause occurring after initial delivery of the medium to you. As the sole and exclusive remedy for any failure of the Server Express or Application Server to conform to the Documentation, MERANT shall repair, replace, or correct the Server Express or Application Server if such failure is reported during the Warranty Period or, if MERANT reasonably determines that such remedy is not economically or technically feasible, MERANT or your product suppliers shall provide a full refund of the license fee paid with respect to the particular Server Express or Application Server.4. Disclaimer of Warranty.
Except as provided herein, all conditions, warranties, and undertakings, express or implied, statutory or otherwise, on the part of MERANT and its third-party suppliers are excluded including without limitation those of merchantability or fitness for purpose. The Server Express or Application Server cannot be tested in every possible operating environment; therefore, MERANT does not warrant that the functions contained in the Server Express or Application Server will meet your requirements, or that operation of the Server Express or Application Server will be uninterrupted, or that this Program Package is error free. You acknowledge that you are responsible for the selection of this Program Package to achieve your intended results and for the installation, use of, and results obtained therefrom and agree to indemnify, hold harmless and defend MERANT so that MERANT shall bear no responsibility for any loss to or claims by third parties that may arise as a result of your distribution of the Application Server. This Agreement, however, shall not purport to exclude or restrict the liability of MERANT to any extent not permitted by law.5. EXCLUSION OF DAMAGES.
NEITHER MERANT NOR ANY THIRD-PARTY SUPPLIER SHALL BE LIABLE FOR ANY INJURY, LOSS OR DAMAGE WHETHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM PACKAGE INCLUDING WITHOUT LIMITATION LOST PROFITS, CONTRACTS, DATA, THIRD PARTY LOSS OR LOSS OF PROGRAMS, INCLUDING THE COST OF RECOVERING SUCH DATA OR PROGRAMS, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.6. LIMITATION OF LIABILITY.
ANY LIABILITY OF MERANT SHALL BE LIMITED IN THE AGGREGATE TO THE AMOUNTS PAID BY YOU FOR THIS PROGRAM PACKAGE. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS. THE LIMITATION OF LIABILITIES DESCRIBED IN THIS SECTION ALSO APPLIES TO ANY THIRD-PARTY SUPPLIER OF MATERIALS SUPPLIED TO YOU. MERANT AND ITS THIRD-PARTY SUPPLIER LIMITATIONS OF LIABILITIES ARE NOT CUMULATIVE. THIS AGREEMENT, HOWEVER, SHALL NOT PURPORT TO EXCLUDE OR RESTRICT THE LIABILITY OF MERANT TO ANY EXTENT NOT PERMITTED BY LAW.7. Ownership.
MERANT and its suppliers have and will retain all ownership rights to the Server Express, Application Server and Documentation, including all patent rights, copyrights, trademarks, service marks, related goodwill and confidential and proprietary information. You have no rights in the Server Express, Application Server or Documentation except as explicitly stated in this Agreement. Server Express or Application Server provided under this Agreement may contain or be derived from portions of materials provided by a third-party under license to MERANT. Any such third-party suppliers are intended beneficiaries of Sections 1, 4, 5, and 6 of this Agreement. MERANT has assumed responsibility for the selection of such materials and their use in producing the Program Package.8. Use by Government of the United States of America.
Use, duplication, or disclosure by the Government of the United States is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 52.227-7013 or subparagraphs (c)(1) and (2) of Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Contact MERANT, 701 East Middlefield Road, Mountain View, California 94043.9. License Key(s).
If provided, ownership of MERANT Software License or Security Key(s) (collectively "License Keys") and all intellectual property rights, related goodwill, and confidential and proprietary information in the License Keys vest in MERANT or a third party from whom MERANT has obtained the right to license end users. You may not transfer the License Keys to a third party without the prior written consent of MERANT, nor attempt to reverse engineer, reverse compile or disassemble the License Keys. You agree to return the License Keys to MERANT in the event of the termination of this License as specified in Section 2. The Limited Warranty as specified in Section 3, the Disclaimer of Warranty as specified in Section 4, Exclusion of Damages as specified in Section 5, and the Limitation of Liability as specified in Section 6 shall apply equally to License Keys.10. License Fees, Payment and Terms.
You agree to pay the applicable end user license fees, any applicable transportation charges, and any Value Added Tax or other applicable taxes as may be required in the country where you acquired the Program Package, within thirty (30) days of the date of invoice.11. Assignment and Delegation.
You may not assign this Agreement or any rights under it and may not delegate any duties under this Agreement without MERANT' prior written consent. Any attempt to assign or delegate without that consent will be void.12. Third-Party Software Terms and Conditions.
Components of the Program Package provided by third-party suppliers may be subject to any separate terms and conditions included with or contained in the setup installation segments of such third-party software components.13. Exclusive Agreement.
This Agreement is the complete and exclusive statement of agreement between the parties and supersedes all proposals, communications, purchase orders and prior agreements, verbal or written, between the parties. If you acquired the Program Package in North America, this License is governed by the laws of the state of California. If you acquired the Program Package in France, Germany or Japan, this License is governed by the laws of the country in which you acquired the Program Package. In the rest of the world, this License is governed by the laws of England.