Minor formatting fixes to license file

v13.0.1-117

license.md

@@ -33,20 +33,20 @@ A. Definitions:
     k.  “Derivative Work” shall mean a work that is based upon one or more preexisting works, such as a revision, modification, translation, abridgement, condensation, expansion, or any other form in which such preexisting works may be recast, transformed, or adapted, and that, if prepared without authorization of the owner of the copyright in such preexisting work, would constitute a copyright infringement under the United States Copyright Act.
 
     l.  “Developer Test Data” means any sample data used by Developer to exercise or test the functionality of its Application, and not any data of commercial value or containing confidential or personally identifiable information of any person.
-    
+
     m.  “Embedded Partner Deployment License” is a limited license grant provided within the BlackBerry Dynamics Embedded Partner Program Agreement.
 
-    n.  “Open Source Software” means any software or software component, module or package that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software or similar licensing or distribution models, including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (a) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the Artistic License (e.g., PERL); (c) the Mozilla Public License; (d) the Netscape Public License; (e) the BSD License; and (f) the Apache License.  
+    n.  “Open Source Software” means any software or software component, module or package that contains, or is derived in any manner (in whole or in part) from, any software that is distributed as free software, open source software or similar licensing or distribution models, including, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (a) GNU's General Public License (GPL) or Lesser/Library GPL (LGPL); (b) the Artistic License (e.g., PERL); (c) the Mozilla Public License; (d) the Netscape Public License; (e) the BSD License; and (f) the Apache License.
 
-    o.  “Order” means an applicable order for an Embedded Partner Deployment License as and when accepted by BlackBerry. 
+    o.  “Order” means an applicable order for an Embedded Partner Deployment License as and when accepted by BlackBerry.
 
 B. Limited License Grant: Subject to your compliance with the terms of this Agreement, BlackBerry grants you only the following limited license(s) (“Licenses”):
 
     a.  Development License. BlackBerry hereby grants you a limited non-exclusive, non-transferable right to use:
 
-    i.  a maximum of one copy of the BlackBerry Dynamics Enterprise Server; and 
+    i.  a maximum of one copy of the BlackBerry Dynamics Enterprise Server; and
 
-   ii.  a maximum of twenty-five (25) object code copies of the BlackBerry Dynamics Client Libraries; 
+   ii.  a maximum of twenty-five (25) object code copies of the BlackBerry Dynamics Client Libraries;
 
 in accordance with the terms of this Agreement, solely for the purpose of developing and testing Applications using Developer Test Data internally within Developer's organization and not for purposes of any distribution to any third party, commercial or otherwise (“Development Usage”). Without limiting the foregoing, any Applications which access or make use of any application program interface that is provided to you in the BlackBerry Dynamics Software may not be installed or used pursuant to the licenses granted hereunder, except in an internal test environment.
 
@@ -66,13 +66,13 @@ F. Open Source Software: To the extent any license to any Open Source Software r
 
 G. Application, Software & Service Restrictions: Except as expressly permitted or required by this Agreement, the Interoperability Requirements, or in any BlackBerry Dynamics Embedded Partner Program agreement:
 
-    a.  Developer shall not (and shall not allow its personnel or any third party to): 
+    a.  Developer shall not (and shall not allow its personnel or any third party to):
 
-    i. modify or create derivative works of the SDK or any BlackBerry Dynamics Software without the express written consent of an officer of BlackBerry; 
+    i. modify or create derivative works of the SDK or any BlackBerry Dynamics Software without the express written consent of an officer of BlackBerry;
 
     ii. reverse engineer or attempt to discover any source code or underlying ideas or algorithms of any BlackBerry Dynamics Software (or any portion thereof), or permit, acquiesce, authorize or encourage any other party to do the same. For the purposes of this Agreement, “reverse engineer” includes any act of reverse engineering, translating, disassembling, decompiling, decrypting or deconstructing data, software (including interfaces, protocols, and any other data included in or used in conjunction with programs that may or may not technically be considered software code) or services or any method or process of obtaining or converting any information, data or software from one form into a human-readable form;
 
-    iii. remove or alter any product identification, trademark, copyright or other notices embedded within or appearing within or on the BlackBerry Dynamics Software, including the BlackBerry Sample Code; or 
+    iii. remove or alter any product identification, trademark, copyright or other notices embedded within or appearing within or on the BlackBerry Dynamics Software, including the BlackBerry Sample Code; or
 
     iv. provide, lease, lend, sublicense, use for timesharing or service bureau purposes or otherwise use or allow the use of the any BlackBerry Dynamics Software for the benefit of any third party (including by way of multiplexing or pooling) other than permitted by BlackBerry in writing. Developer shall be solely responsible to BlackBerry for the observance and compliance with all terms and conditions hereunder by its employees, contractors, service providers and agents (including its affiliates) and any other third party who has been permitted access to the any BlackBerry Dynamics Software as a result of Developer’s action or inaction. Developer shall indemnify, hold harmless and defend BlackBerry and its licensors from and against any claims or suits, including attorneys' fees and expenses, which arise or result from any unauthorized or illegal use or distribution of the any BlackBerry Dynamics Software by (or permitted by) the Developer.
 
@@ -95,13 +95,13 @@ G. Application, Software & Service Restrictions: Except as expressly permitted o
 
 H.	No Warranty: BLACKBERRY DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE SOFTWARE IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLACKBERRY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, DESIGN OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR WARRANTIES CONCERNING THE NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NO WARRANTY IS PROVIDED AND NO LIABILITY IS ASSUMED BY BLACKBERRY REGARDING DATA PROTECTION OR SECURE PROCESSING OR STORAGE OF ANY DATA.
 
-I.	LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY: 
+I.	LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH LIABILITY ARISES IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY:
 
-(A) BLACKBERRY, ITS RESELLERS AND ITS SUPPLIERS EXCLUDE AND DISCLAIM ANY LIABILITY (i) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (ii) FOR ANY LOSS PROFITS (WHETHER DIRECT OR INDIRECT), LOST INCOME OR REVENUES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE SOFTWARE OR SERVICES, OR OTHER ECONOMIC LOSS, AND (iii) DURING ANY DEVELOPMENT, BETA OR TESTING PERIOD; 
+(A) BLACKBERRY, ITS RESELLERS AND ITS SUPPLIERS EXCLUDE AND DISCLAIM ANY LIABILITY (i) FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND (ii) FOR ANY LOSS PROFITS (WHETHER DIRECT OR INDIRECT), LOST INCOME OR REVENUES, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, COST OF SUBSTITUTE SOFTWARE OR SERVICES, OR OTHER ECONOMIC LOSS, AND (iii) DURING ANY DEVELOPMENT, BETA OR TESTING PERIOD;
 
-(B) UNDER NO CIRCUMSTANCES WILL BLACKBERRY, ITS RESELLERS AND/OR SUPPLIERS BE LIABLE TO YOU, DEVELOPER OR ANY THIRD PARTY FOR AN AMOUNT GREATER THAN TOTAL FEES PAID TO BLACKBERRY HEREUNDER OR BY CUSTOMERS USING YOUR APPLICATION TO BLACKBERRY DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE LIABILITY AROSE; 
+(B) UNDER NO CIRCUMSTANCES WILL BLACKBERRY, ITS RESELLERS AND/OR SUPPLIERS BE LIABLE TO YOU, DEVELOPER OR ANY THIRD PARTY FOR AN AMOUNT GREATER THAN TOTAL FEES PAID TO BLACKBERRY HEREUNDER OR BY CUSTOMERS USING YOUR APPLICATION TO BLACKBERRY DURING THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE LIABILITY AROSE;
 
-(C) BLACKBERRY, ITS RESELLERS AND SUPPLIERS DISCLAIM ANY AND ALL LIABILITY FOR LIABILITY OF ANY KIND RESULTING FROM MISUSE OF THE SOFTWARE OR FROM ANY FAILURE BY YOU OR OTHER THIRD PARTIES TO KEEP SECURE OR LIMIT ACCESS TO SERVERS AND DEVICES; AND 
+(C) BLACKBERRY, ITS RESELLERS AND SUPPLIERS DISCLAIM ANY AND ALL LIABILITY FOR LIABILITY OF ANY KIND RESULTING FROM MISUSE OF THE SOFTWARE OR FROM ANY FAILURE BY YOU OR OTHER THIRD PARTIES TO KEEP SECURE OR LIMIT ACCESS TO SERVERS AND DEVICES; AND
 
 (D) NO ONE ELSE INCLUDING WITHOUT LIMITATION, RESELLERS OR SUPPLIERS CAN ENLARGE BLACKBERRY’S OBLIGATIONS UNDER THIS AGREEMENT NOR RESTRICT THESE LIMITATIONS OF LIABILITY. IF YOUR JURISDICTION PROHIBITS ANY PART OF THE LIMITATION OF LIABILITY, ONLY THAT PART OF THE LIMITATION OF LIABILIATY MAY NOT APPLY TO YOU.
 
@@ -111,7 +111,7 @@ K.  Confidentiality: Except to the extent expressly permitted under this Agreeme
 
 L.  Privacy Policy: You consent to BlackBerry’s (including BlackBerry’s Affiliates, service providers and Resellers within and outside the United States) collection, processing, transmission and disclosure of any personally identifiable information or other data submitted by you or your Customers or end users to BlackBerry, in accordance with the terms specified in BlackBerry's Privacy Policy (“Privacy Policy”), as BlackBerry may modify from time to time. You may obtain a copy of the current version of the Privacy Policy at http://us.blackberry.com/legal/privacy-policy.html. You, your Customers, and your end users consent to any amendments to the Privacy Policy by continuing to use the BlackBerry Dynamics Software or Service after their date of publication on BlackBerry’s website. Notwithstanding the foregoing, you will at all times comply with all applicable data protection laws related to your use of the BlackBerry Platform and will obtain the prior consent of all end users to the collection, use or delivery to BlackBerry of such Customers’ personally identifiable information.
 
-M.  Compliance with Laws and Export Control.  You agree that the BlackBerry Dynamics Software may include cryptographic technology, data or information and will not be received exported, imported, used, transferred, accessed or re-exported except in compliance with the applicable laws and regulations of the relevant government authorities, including without limitation any U.S. and Canadian export control and economic sanctions laws and regulations.  You represent that:  (a) you are eligible to receive, access, or use the BlackBerry Dynamics Software under applicable law; (b) you will ensure that your receipt and use of the BlackBerry Dynamics Software is in accordance with the restrictions in this Section M; and (c) you will not use the BlackBerry Dynamics Software for the development, production, handling, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or their missile delivery systems, or of materials or equipment that could be used in such weapons or their missile delivery systems, or export to anyone or any entity involved in such activity. 
+M.  Compliance with Laws and Export Control.  You agree that the BlackBerry Dynamics Software may include cryptographic technology, data or information and will not be received exported, imported, used, transferred, accessed or re-exported except in compliance with the applicable laws and regulations of the relevant government authorities, including without limitation any U.S. and Canadian export control and economic sanctions laws and regulations.  You represent that:  (a) you are eligible to receive, access, or use the BlackBerry Dynamics Software under applicable law; (b) you will ensure that your receipt and use of the BlackBerry Dynamics Software is in accordance with the restrictions in this Section M; and (c) you will not use the BlackBerry Dynamics Software for the development, production, handling, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons or their missile delivery systems, or of materials or equipment that could be used in such weapons or their missile delivery systems, or export to anyone or any entity involved in such activity.
 
 N.  Intellectual Property and Feedback: The BlackBerry Dynamics Software and Service is protected by US and international copyrights, patents, trade secrets and other intellectual property rights. BlackBerry shall retain all right, title, interest, ownership and other intellectual property rights in and to the BlackBerry Dynamics Software and Service. This Agreement confers no title or ownership in the Software or any rights therein. You may, but are not obligated to, provide BlackBerry suggestions, comments and feedback, in oral or written form, about the BlackBerry Dynamics Software (“BlackBerry Feedback”), and in connection with providing such BlackBerry Feedback, you hereby grant and shall grant BlackBerry, without charge, all right, title and interest necessary to use, share and commercialize the BlackBerry Feedback in any way and for any purpose. In the event your Application is disclosed to BlackBerry for the purpose of any review, analysis or assistance as set forth herein, you grant to BlackBerry a revocable, worldwide, non-exclusive, royalty-free license to use the Application in executable object code form, solely for such purpose and not for any other commercial use. The preceding sentence only grants a limited license and is not a sale of the Application or any portion or copy thereof, and BlackBerry obtains no right, title or interest from you under this Agreement in or to any Applications that Developer develops. BlackBerry reserves any and all rights not expressly granted to you herein.
 
@@ -129,4 +129,4 @@ c.  Governing Law; Equitable Relief; Attorneys’ Fees. THIS AGREEMENT SHALL BE
 
 d.  Modifications. BlackBerry reserves the right to modify this Agreement, including to reflect changes in law or business practices. Notwithstanding anything to the contrary herein, BlackBerry shall notify you of the change by a reasonable means of notice, including posting the revised Agreement at the BlackBerry Developer Portal. You should regularly visit the portal to review the most current version of this Agreement.  Changes to this Agreement will be effective as of the date set forth on the revised Agreement and you agree that your continued use of the Software after the changes become effective shall constitute your acceptance of the revised Agreement. If there is any inconsistency between this Agreement and any documentation used with the Software, the provisions of this Agreement shall apply to the extent of the inconsistency.
 
-e.  Miscellaneous. Nothing in this Agreement is intended to create a partnership, franchise, joint venture or agency relationship between the parties. Neither Party shall use the name, trade name or any trademark of the other Party in any advertising, promotion, public relations or media release relating to this Agreement without the prior written consent of the other Party. This Agreement, together with any Orders placed hereunder and any documents incorporated herein by reference, constitutes the complete agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements, representations or understandings. There are no intended third party beneficiaries of this Agreement. If any of the provisions of this Agreement are held to be in violation of applicable law or unenforceable in any court of competent and appropriate jurisdiction, then such provisions are herewith waived to the extent necessary for this Agreement to be otherwise enforceable in such jurisdiction. Any ambiguities herein will be clarified in an equitable manner without regard to authorship. The provisions of this Agreement, including any Orders placed hereunder may only be waived or modified in a writing signed by a representative of each party with authority to bind. 
+e.  Miscellaneous. Nothing in this Agreement is intended to create a partnership, franchise, joint venture or agency relationship between the parties. Neither Party shall use the name, trade name or any trademark of the other Party in any advertising, promotion, public relations or media release relating to this Agreement without the prior written consent of the other Party. This Agreement, together with any Orders placed hereunder and any documents incorporated herein by reference, constitutes the complete agreement between the parties concerning its subject matter and supersedes all prior or contemporaneous agreements, representations or understandings. There are no intended third party beneficiaries of this Agreement. If any of the provisions of this Agreement are held to be in violation of applicable law or unenforceable in any court of competent and appropriate jurisdiction, then such provisions are herewith waived to the extent necessary for this Agreement to be otherwise enforceable in such jurisdiction. Any ambiguities herein will be clarified in an equitable manner without regard to authorship. The provisions of this Agreement, including any Orders placed hereunder may only be waived or modified in a writing signed by a representative of each party with authority to bind.