AppWeb HTTP Server Download

Please read the evaluation license agreement and acknowlege your acceptance below.

To read more about the key terms of the license agreement, please see the AppWeb HTTP Server licensing overview. You may also download the license agreement in PDF format.

Evaluation Agreement

Mbedthis AppWeb Evaluation Agreement ------------------------------------ This is a Licence Agreement between Mbedthis Software LLC. ("Mbedthis") and you, the Customer. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING THE SOFTWARE. BY YOUR INSTALLATION OF THE SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS IN THIS AGREEMENT. FAILURE TO COMPLY WITH THE TERMS OF THIS AGREEMENT VOIDS THE AGREEMENT, DISALLOWS CUSTOMER USE OF THE SOFTWARE AND MAY GIVE RISE TO UNSPECIFIED DAMAGES. Definitions "Integrated Product" means the Customer's application or device incorporating the Software. "Software" means the supplied Mbedthis AppWeb software in binary form including documentation and data files including updates and upgrades that have been supplied by Mbedthis to the Customer. 1. Ownership and Proprietary Rights Mbedthis retains ownership of all intellectual property rights in the Software and all patents, copyrights, authors' rights, trademarks, know-how, trade secrets and other material that is associated with the Software, irrespective of whether such rights arise under U.S. or international intellectual property, unfair competition or trade secret laws. Mbedthis and Customer acknowledge and agree that, as between Mbedthis and Customer, Mbedthis owns and will own all of the Proprietary Rights to the Software, and no title to the Proprietary Rights is transferred to Customer, any Sub-distributor or any End User. The use by Customer of the Proprietary Rights is authorized only for the purposes herein set forth and upon termination of this Agreement for any reason, such authorization will cease. Customer agrees to protect Mbedthis's Proprietary Rights with at least the same degree of care used by Customer to protect its own proprietary rights. All right and title to modifications made solely by the Customer to the Software and the right and title to other software that is included by the Customer in an Integrated Product, shall remain the property of the Customer except where the customer explicitly contributes such modifications back to Mbedthis under the terms of the Mbedthis Contributors Agreement. 2. Grant of License Subject to the terms and conditions of this Agreement, the Customer is hereby granted a limited, non-exclusive, non-transferable right to use the Software for evaluation purposes in creating Integrated Products. This license prohibits the distribution of Integrated Products containing any portion of the Software. Customer acknowledges that separate Mbedthis Development and Deployment licenses are required for further development after this Agreement has terminated or for the distribution and selling Integrated Products containing the Software. Mbedthis reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, programming interfaces licensing terms, release dates, general availability or other characteristics of the Software. 3. Warranty Mbedthis MAKES NO WARRANTIES IN CONNECTION WITH ANY SOFTWARE PRODUCT, INCLUDING THE SOFTWARE, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. 4. Limitation of Liability IN NO EVENT SHALL MBEDTHIS'S LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY MBEDTHIS FROM CUSTOMER HEREUNDER IN ANY ONE-YEAR PERIOD. IN NO EVENT SHALL MBEDTHIS BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE OR STRICT LIABILITY, ARISING OUT OF THIS AGREEMENT. CUSTOMER ACKNOWLEDGES AND AGREES THAT THE AMOUNTS PAYABLE HEREUNDER BY CUSTOMER ARE BASED IN PART UPON THESE LIMITATIONS. CUSTOMER AGREES THAT THE ABOVE LIMITATIONS SHALL APPLY NOT-WITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE. 5. Termination and Transfer This Agreement shall be effective for thirty (30 days from the date of installation of the Software. Customer may not assign or otherwise transfer any of the rights or obligations arising out of this Agreement. 6. Export Control Customer agrees to comply with all export and re-export restrictions and regulations of the Department of Commerce or other United States agency or authority, and not to transfer or authorize the transfer of Software to a prohibited country or otherwise in violation of any such restrictions or regulations. 7. U.S. Government Restrictions The Software and its documentation are provided with restricted rights. Use, duplication or disclosure is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraph (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. The Contractor / Manufacturer is Mbedthis Software, Inc., 4616 25th Ave NE, Seattle WA 98105 USA. 8. Applicable Law and General Provisions This Agreement is governed solely by the laws of the State of Washington and the United States, including patent and copyright laws. This Agreement shall not be subject to the United Nations Convention on Contracts for the International Sale of Goods. Sole jurisdiction over any dispute arising under this Agreement shall be brought in the courts of the United States of America, with sole venue in King County, Washington. This Agreement is the entire agreement between the parties regarding this subject matter, and supersedes all prior discussions, negotiations and agreements. This Agreement may be modified only in writing, and signed by both parties. Purchase orders issued by Customer to Mbedthis, its distributors or licensees shall be for administrative convenience only, and any printed terms therein shall have no effect unless agreed in writing by Mbedthis. - END -

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