SEMMLECODE EXPRESS EDITION 0.5

NOTICE TO USER: PLEASE READ THE FOLLOWING LEGALLY BINDING LICENSE TERMS CAREFULLY BEFORE USING THE SOFTWARE. PROCEEDING TO USE THE SOFTWARE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS WHICH WILL BIND YOU, INCLUDING, IN PARTICULAR, THE LIMITATIONS ON: USE CONTAINED IN SECTION 2; DECOMPILATION IN SECTION 3; NO WARRANTY IN SECTION 4; AND LIMITATION OF LIABILITY IN SECTION 5. IF YOU DO NOT FULLY ACCEPT THESE TERMS, YOU MUST NOT USE THE SOFTWARE.

1. DEFINITIONS

"License" means these terms and conditions for use as set out in this License Agreement (this "Agreement"). "Semmle" means Semmle Limited with offices at the Magdalen Centre, Oxford Science Park, Robert Robinson Avenue, Oxford OX4 4GA, UK. "Software" means (i) SemmleCode Express Edition 0.5; (ii) related explanatory written materials or files; (iii) upgrades, modified versions, updates and additional copies of SemmleCode Express Edition 0.5 which are licensed to you by Semmle. "Java" is a trademark of Sun Microsystems and it also refers to the programming language licensed by Sun Microsystems. "Java programs" are software systems written in the Java programming language (whether in source or object form). "Eclipse" refers to the official releases of Eclipse foundations' software environment for authoring Java programs. "Use" or "Using" means to access, install, download, copy or to use the Software to find particular items in Java programs (in a commercial or non-commercial context), while they are being processed in Eclipse (referred to as "Querying"). "Scripts" are instructions input in the .QL and Datalog languages in the Software in order to perform Querying in Eclipse. "Library Scripts" are Scripts that are distributed by Semmle as samples with the Software. "Derived Scripts" means any Scripts that are based on (or derived from) Library Scripts which the Software employs.

2. GRANT OF LICENSE

2.1 Grant of License. These License terms are an agreement between Semmle and you. As long as you comply with the terms of this Agreement, Semmle grants to you a non-exclusive license to Use the Software for the purposes described above. Some third party materials included in the Software may be subject to other terms and conditions, and you shall be responsible for complying with such terms and conditions related to any use of third party software.

2.2 Use. You may install and Use any number of copies of the Software on your devices for the sole and exclusive purpose of Using such Software with Eclipse. Unless otherwise expressly permitted by Semmle, no other use of the Software with any other software, network or platform is permitted.

2.3 Library Scripts and Derived Scripts. Semmle grants you a perpetual, worldwide, non-exclusive, royalty free license to use, reproduce and modify the Library Scripts, prepare Derived Scripts, publicly display and distribute Library Scripts and Derived Scripts without any restriction.

2.4 Restrictions on Use. With respect to your Use of the Software, Semmle reserves all other rights not explicitly granted to you under Section 2.2. Unless applicable law gives you more rights despite this limitation, you may use the Software only as expressly permitted in this Agreement and you may not: (a) use the Software for any other purpose than Querying or authoring Scripts; (b) use any component of the Software for any other purpose; (c) call routines embedded in the Software from programs not supplied by Semmle; (d) disclose the results of any benchmark tests of the Software to any third party without Semmle�s prior written approval; (e) work around any technical limitations in the Software; (f) publish the Software for others to copy; or (g) sell, rent, lease or lend the Software. You may not use the .QL language in any way other than for the purpose of Using the Software pursuant to this License.

2.5 Third-party Programs. The Software includes programs licensed by third parties for re-distribution by Semmle. The use of those programs is governed by separate licenses, and not by this Agreement. These licenses accompany the distribution of the Software.

2.6 No Modification. You may not alter or modify the Software. The Software is distributed by Semmle as a set of Eclipse plugins and is licensed for Use with Eclipse only. You are not authorised to integrate or use the Software with any other software. You are also not allowed to integrate the Software with any other Eclipse plug-in or enhancement.

3. INTELLECTUAL PROPERTY RIGHTS

3.1 Title. The Software and any copies that you are authorised by Semmle to make are the intellectual property of and are owned by Semmle and its suppliers. The Software is protected by copyright, international treaty provisions and applicable laws in the country in which it is being used. You may not copy the Software, except as set forth in Section 2. Any copies that you are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.

3.2 Reverse Engineering. Unless specifically and expressly permitted by Semmle, you agree not to modify, adapt or translate the Software. You also agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent you may be expressly permitted to decompile under applicable law.

3.3 Trademarks. Trademarks (including the Semmle, Eclipse and Java trademarks) shall be used in accordance with accepted trademark practice, including identification of trademarks owners� names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give you any rights of ownership in that trademark.

3.4 Reservation. Except as expressly stated herein, this Agreement does not grant you any intellectual property rights in the Software and all rights not expressly granted herein are reserved by Semmle.

4. NO WARRANTY

The Software is being delivered to you "As Is" and Semmle makes no warranty as to its use or performance. Semmle and its suppliers do not and cannot warrant the performance or results you may obtain by using the Software. Except for any warranty, condition, representation or term which cannot or may not be excluded or limited by law applicable to you in your jurisdiction, Semmle and its suppliers make no warranties conditions, representations, or terms (express or implied whether by statute, common law, custom, usage or otherwise) as to any matter including without limitation no infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose. You are solely responsible for determining the appropriateness of using the Software and assume any risks associated with your exercise of permissions under this Agreement.

5. LIMITATION OF LIABILITY

In no event, whether in tort (including negligence), contract, or otherwise, unless required by applicable law, shall Semmle be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this Agreement or out of the use or inability to use the Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses). This limitation also applies even if Semmle knew, or should have known, of the possibility of such damages.

6. EXPORT LICENSE

You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by export laws, restrictions or regulations (including the United States Export Administration Act).

7. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of England and shall be subject to the exclusive jurisdiction of the English courts. This Agreement will not be governed by the conflict of law rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.

8. GENERAL PROVISIONS

If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. This Agreement shall not prejudice the statutory rights of any party dealing as a consumer. This Agreement may only be modified in writing signed by an authorised officer of Semmle. Updates may be licensed to you by Semmle with additional or different terms. This is the entire agreement between Semmle and you relating to the Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Software.