Appendix H Open Software Announcements

 

GoAhead hereby grants to You a limited world-wide, royalty-free, non-exclusive license to use the

 

GoAhead trade names, trademarks, logos, service marks and product designations posted in Exhibit

 

A (collectively, the "GoAhead Marks") in connection with the activities by You under this Agreement.

 

Additionally, GoAhead grants You a license under the terms above to such GoAhead trademarks as

 

shall be identified at a URL (the "URL") provided by GoAhead. The use by You of GoAhead Marks

 

shall be in accordance with GoAhead? trademark policies regarding trademark usage as established

 

at the web site designated by the URL, or as otherwise communicated to You by GoAhead at its sole

 

discretion. You understand and agree that any use of GoAhead Marks in connection with this

 

Agreement shall not create any right, title or interest in or to such GoAhead Marks and that all such

 

use and goodwill associated with GoAhead Marks will inure to the benefit of GoAhead.

 

4.2 Promotion by You of GoAhead WebServer Mark.

 

In consideration for the licenses granted by GoAhead to You herein, You agree to notify GoAhead

 

when You incorporate the GoAhead WebServer in Your product and to inform GoAhead when such

 

product begins to ship. You agree to promote the Original Code by prominently and visibly

 

displaying a graphic of the GoAhead WebServer mark on the initial web page of Your product that is

 

displayed each time a user connects to it. You also agree that GoAhead may identify your company

 

as a user of the GoAhead WebServer in conjunction with its own marketing efforts. You may further

 

promote the Original Code by displaying the GoAhead WebServer mark in marketing and

 

promotional materials such as the home page of your web site or web pages promoting the

 

product.

 

4.3 Placement of Copyright Notice by You.

 

You agree to include copies of the following notice (the "Notice") regarding proprietary rights in all

 

copies of the products that You distribute, as follows: (i) embedded in the object code; and (ii) on

 

the title pages of all documentation. Furthermore, You agree to use commercially reasonable efforts

 

to cause any licensees of your products to embed the Notice in object code and on the title pages or

 

relevant documentation. The Notice is as follows: Copyright (c) 20xx GoAhead Software, Inc. All

 

Rights Reserved. Unless GoAhead otherwise instructs, the year 20xx is to be replaced with the year

 

during which the release of the Original Code containing the notice is issued by GoAhead. If this

 

year is not supplied with Documentation, GoAhead will supply it upon request.

 

4.4 No Modifications to Server Identification Field.

 

You agree not to remove or modify the Server identification Field contained in the Response Header

 

as defined in Section 1.6 and 1.7.

 

5. Warranty Disclaimers.

 

THE ORIGINAL CODE, THE DOCUMENTATION AND THE MEDIA UPON WHICH THE ORIGINAL CODE

 

IS RECORDED (IF ANY) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,

 

EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES

 

OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

The entire risk as to the quality and performance of the Original Code

 

 

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NBG4615 User’s Guide