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| 1 | + ODB NON-COMMERCIAL USE AND EVALUATION LICENSE (NCUEL) |
| 2 | + |
| 3 | +INTENT |
| 4 | + |
| 5 | +The intent of this license is to allow you to use ODB with commercial |
| 6 | +databases, such as Oracle, Microsoft SQL Server, IBM DB/2, etc., free |
| 7 | +of charge non-commercially or for evaluation. |
| 8 | + |
| 9 | +Furthermore, if a commercial database has a free edition, often called |
| 10 | +express edition, such as Oracle Express, Microsoft SQL Server Express, |
| 11 | +IBM DB/2 Express-C, etc., that can be used for commercial purposes free |
| 12 | +of charge, then this license allows you to use ODB with such an edition |
| 13 | +for commercial purposes also free of charge. |
| 14 | + |
| 15 | +Note also that the development of an application that will be used for |
| 16 | +commercial purposes constitutes a commercial use and is not allowed, |
| 17 | +except with a free edition of a commercial database. However, this |
| 18 | +license allows you to evaluate ODB; that is, to use the Software for |
| 19 | +a reasonable period for the purpose of determining its suitability for |
| 20 | +a particular application as well as to conduct exploratory development |
| 21 | +or proof-of-concept prototyping. |
| 22 | + |
| 23 | +Finally, any application that uses ODB under this license, whether non- |
| 24 | +commercially, for evaluation, or commercially with a free edition of a |
| 25 | +database, is subject to the terms and conditions similar to that of the |
| 26 | +GPL version 2. In particular, this means that if and when you distribute |
| 27 | +your application, you are required to also release its source code. |
| 28 | + |
| 29 | +If you have any questions concerning this License, please contact us at: |
| 30 | + |
| 31 | + |
| 32 | +LEGAL TERMS AND CONDITIONS |
| 33 | + |
| 34 | +This Code Synthesis Non-Commercial Use and Evaluation License |
| 35 | +Agreement for ODB Software ("License") is a legal agreement between |
| 36 | +you, the Licensee, (either an individual or a single entity) and Code |
| 37 | +Synthesis for non-commercially using, copying, distributing and |
| 38 | +modifying the Software and any work derived from the Software, as |
| 39 | +defined hereinbelow. Any commercial use, except as expressly provided |
| 40 | +in Section 2.1, is subject to a different license. |
| 41 | + |
| 42 | +By using, modifying, or distributing the Software or any work derived |
| 43 | +from the Software, Licensee indicates acceptance of this License and |
| 44 | +agrees to be bound by all its terms and conditions for using, copying, |
| 45 | +distributing, or modifying the Software and works derived from the |
| 46 | +Software. If Licensee is agreeing to this License on behalf of an entity |
| 47 | +other than an individual person, Licensee represents that Licensee is |
| 48 | +binding and have the right to bind the entity to the terms and conditions |
| 49 | +of this agreement. |
| 50 | + |
| 51 | +These terms and conditions only apply to the ODB components that are |
| 52 | +explicitly licensed under this License (normally ODB runtime libraries |
| 53 | +for commercial databases). Other ODB components may be licensed under |
| 54 | +other licenses and are not affected in any way by the terms and |
| 55 | +conditions found in this License. Similarly, ODB components licensed |
| 56 | +under this License are not affected by the terms and conditions found |
| 57 | +in other licenses. If you are using several ODB components that are |
| 58 | +licensed under different licenses, you must comply with the terms and |
| 59 | +conditions of each such license. |
| 60 | + |
| 61 | +No rights are granted to the Software except as expressly set forth |
| 62 | +herein. Nothing other than this License grants Licensee permission to |
| 63 | +use, copy, distribute or modify the Software or any work derived from |
| 64 | +the Software. Licensee may not use, copy, distribute or modify the |
| 65 | +Software or any work derived from the Software except as expressly |
| 66 | +provided under this License. If Licensee does not accept the terms and |
| 67 | +conditions of this License, Licensee shall not use, copy, distribute |
| 68 | +or modify the Software. |
| 69 | + |
| 70 | +In consideration for Licensee's forbearance of commercial use of the |
| 71 | +Software, except as expressly provided in Section 2.1, Code Synthesis |
| 72 | +grants Licensee non-exclusive, royalty-free and without fees rights |
| 73 | +as expressly provided herein. |
| 74 | + |
| 75 | +1. DEFINITIONS. |
| 76 | + |
| 77 | +A "commercial database" is a database product that has associated |
| 78 | +fees and/or royalties payable for production and/or commercial use |
| 79 | +of the database product. Commercial databases include, but are not |
| 80 | +limited to, Oracle, Microsoft SQL Server, and IBM DB/2. |
| 81 | + |
| 82 | +A "free edition of a commercial database" is a special, limited edition |
| 83 | +of a commercial database, often called express edition, that does not |
| 84 | +require fees and/or royalties for production and/or commercial use. |
| 85 | +Free editions of commercial databases include, but are not limited to, |
| 86 | +Oracle Express, Microsoft SQL Server Express, and IBM DB/2 Express-C. |
| 87 | + |
| 88 | +The "Software" is one of the ODB runtime libraries for one of the |
| 89 | +commercial databases, including, but not limited to, demo programs, |
| 90 | +associated media and printed materials, and any included "on-line" |
| 91 | +documentation. |
| 92 | + |
| 93 | +A "work derived from the Software" is any derivative work as defined |
| 94 | +in the copyright law of the nation or state where rights to the work |
| 95 | +derived from the Software are exercisable; that is to say, a program |
| 96 | +which is linked with or otherwise incorporates the ODB runtime library |
| 97 | +or a translation, improvement, enhancement, extension or other |
| 98 | +modification of the Software which has sufficient originality to |
| 99 | +qualify in such a nation or state as a copyrightable work is a work |
| 100 | +derived from the Software. |
| 101 | + |
| 102 | +To "use" means to execute (i.e. run) the Software. |
| 103 | + |
| 104 | +To "copy" means to create one or more copies of the Software. |
| 105 | + |
| 106 | +To "distribute" means to broadcast, publish, transfer, post, upload, |
| 107 | +download or otherwise disseminate in any medium to any third party. |
| 108 | + |
| 109 | +To "modify" means to create a work derived from the Software. |
| 110 | + |
| 111 | +To "evaluate" means to use the Software for a reasonable period for |
| 112 | +the purpose of determining its suitability for a particular application |
| 113 | +as well as to conduct exploratory development or proof-of-concept |
| 114 | +prototyping. |
| 115 | + |
| 116 | +A "commercial use" is: |
| 117 | + |
| 118 | +(1) the use of the Software or any work derived from the Software in |
| 119 | +connection with, for or in aid of the generation of revenue, such as |
| 120 | +in the conduct of Licensee's daily business operations; or |
| 121 | + |
| 122 | +(2) any copying, distribution or modification of the Software or any |
| 123 | +work derived from the Software to any party where payment or other |
| 124 | +consideration is made in connection with such copying, distribution or |
| 125 | +modification, whether directly (as in payment for a copy of the |
| 126 | +Software) or indirectly (including but not limited to payment for some |
| 127 | +good or service related to the Software, or payment for some product |
| 128 | +or service that includes a copy of the Software "without charge"). |
| 129 | +However, the following actions which involve payment do not in and |
| 130 | +of themselves constitute a commercial use: |
| 131 | + |
| 132 | +(a) posting the Software on a public access information storage and |
| 133 | +retrieval service for which a fee is received for retrieving |
| 134 | +information (such as an on-line service), provided that the fee is not |
| 135 | +content-dependent. Such fees which are not content dependent include, |
| 136 | +but are not limited to, fees which are based solely on the storage |
| 137 | +capacity required to store the information, and fees which are based |
| 138 | +solely on the time required to transfer the information from/to the |
| 139 | +public access information storage and retrieval service; and |
| 140 | + |
| 141 | +(b) distributing the Software on a CD-ROM, provided that the Software |
| 142 | +is reproduced entirely and verbatim on such CD-ROM, and provided further |
| 143 | +that all information on such CD-ROM may be distributed in a manner which |
| 144 | +does not constitute a commercial use. |
| 145 | + |
| 146 | +2. GRANT OF LICENSE. |
| 147 | + |
| 148 | +2.1. LICENSE TO USE. |
| 149 | +Licensee may use the Software provided that such use does not constitute |
| 150 | +a commercial use. |
| 151 | + |
| 152 | +Licensee may also use the Software commercially with a free edition of a |
| 153 | +commercial database, if such an edition is available. If Licensee |
| 154 | +distributes works derived from the Software and such works may be used |
| 155 | +commercially by third parties, Licensee must cause such commercial use |
| 156 | +to be limited to a free edition of a commercial database. |
| 157 | + |
| 158 | +2.2. LICENSE TO EVALUATE. |
| 159 | +Licensee may evaluation the Software for commercial use. |
| 160 | + |
| 161 | +2.3. LICENSE TO COPY AND DISTRIBUTE. |
| 162 | +Licensee may copy and distribute literal (i.e., verbatim) copies of the |
| 163 | +Software as Licensee receives it throughout the world, in any medium, |
| 164 | +provided that Licensee distributes an unmodified, easily-readable copy |
| 165 | +of this License with the Software, and provided further that such |
| 166 | +distribution does not constitute a commercial use. |
| 167 | + |
| 168 | +2.4. LICENSE TO CREATE WORKS DERIVED FROM THE SOFTWARE. |
| 169 | +Licensee may create works derived from the Software, provided that any |
| 170 | +such work derived from the Software carries prominent notices stating |
| 171 | +both the manner in which Licensee has created a work derived from the |
| 172 | +Software (for example, notices stating that the work derived from the |
| 173 | +Software is linked with or otherwise incorporates the ODB runtime |
| 174 | +library, or notices stating that the work derived from the Software |
| 175 | +is an enhancement to the Software which Licensee has created) and the |
| 176 | +date any such work derived from the Software was created. |
| 177 | + |
| 178 | +2.5. LICENSE TO COPY AND DISTRIBUTE WORKS DERIVED FROM THE SOFTWARE. |
| 179 | +Licensee may copy and distribute works derived from the Software |
| 180 | +throughout the world, provided that Licensee distributes an |
| 181 | +unmodified, easily-readable copy of this License with such works |
| 182 | +derived from the Software, and provided further that such distribution |
| 183 | +does not constitute a commercial use. Licensee must cause any work |
| 184 | +derived from the Software that Licensee distributes to be licensed as |
| 185 | +a whole and at no charge to all third parties under the terms of this |
| 186 | +License or another free/open source license that does not restrict any |
| 187 | +rights of any third party that would have been granted should such work |
| 188 | +have been licensed under this License. |
| 189 | + |
| 190 | +Any work derived from the Software must be accompanied by the complete |
| 191 | +corresponding machine-readable source code of such work derived from |
| 192 | +the Software, delivered on a medium customarily used for software |
| 193 | +interchange. The source code for the work derived from the Software |
| 194 | +means the preferred form of the work derived from the Software for |
| 195 | +making modifications to it. For an executable work derived from the |
| 196 | +Software, complete source code means all of the source code for all |
| 197 | +modules of the work derived from the Software, all associated |
| 198 | +interface definition files and all scripts used to control compilation |
| 199 | +and installation of all or any part of the work derived from the |
| 200 | +Software. However, the source code delivered need not include anything |
| 201 | +that is normally distributed, in either source code or binary (object- |
| 202 | +code) form, with major components (including but not limited to |
| 203 | +compilers, linkers, and kernels) of the operating system on which the |
| 204 | +executable work derived from the Software runs, unless that component |
| 205 | +itself accompanies the executable code of the work derived from the |
| 206 | +Software. |
| 207 | + |
| 208 | +Furthermore, if the executable code or object code of the work derived |
| 209 | +from the Software may be copied from a designated place, and if the |
| 210 | +source code of the work derived from the Software may be copied from |
| 211 | +the same place, then the work derived from the Software shall be |
| 212 | +construed as accompanied by the complete corresponding machine-readable |
| 213 | +source code of such work derived from the Software, even though third |
| 214 | +parties are not compelled to copy the source code along with the |
| 215 | +executable code or object code. |
| 216 | + |
| 217 | +If the work derived from the Software normally reads commands |
| 218 | +interactively when run, Licensee must cause the work derived from the |
| 219 | +Software, at each time it commences operation, to print or display an |
| 220 | +announcement including either a notice consisting of the verbatim |
| 221 | +warranty and liability provisions of this License, or a notice that |
| 222 | +Licensee, and not Code Synthesis provides a warranty. |
| 223 | + |
| 224 | +Licensee may not impose any further restrictions on the exercise of |
| 225 | +the rights granted herein by any recipient of any work derived from |
| 226 | +the Software. |
| 227 | + |
| 228 | +3. RESTRICTIONS. |
| 229 | + |
| 230 | +Licensee acknowledges that the Software is protected by copyright laws |
| 231 | +and international copyright treaties, as well as other intellectual |
| 232 | +property laws and treaties. The Software is licensed, not sold. All |
| 233 | +title and copyrights in and to the Software are owned exclusively by |
| 234 | +Code Synthesis. |
| 235 | + |
| 236 | +Licensee may not sublicense, assign or transfer this License, the |
| 237 | +Software or any work derived from the Software except as permitted by |
| 238 | +this License. |
| 239 | + |
| 240 | +Licensee is expressly prohibited from using, copying, distributing, |
| 241 | +studying the source code, or otherwise examining the Software for |
| 242 | +the purpose of reverse engineering or duplicating its functionality |
| 243 | +(unless enforcement of this restrictions is prohibited by applicable |
| 244 | +law). |
| 245 | + |
| 246 | +4. LIMITED WARRANTY. |
| 247 | + |
| 248 | +4.1 NO WARRANTIES. |
| 249 | +CODE SYNTHESIS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE |
| 250 | +SOFTWARE IS PROVIDED TO LICENSEE "AS IS," WITHOUT WARRANTY OF ANY KIND, |
| 251 | +EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED |
| 252 | +WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND |
| 253 | +NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE USE, |
| 254 | +QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE. SHOULD THE |
| 255 | +SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY |
| 256 | +SERVICING, REPAIR OR CORRECTION. |
| 257 | + |
| 258 | +4.2. NO LIABILITY FOR DAMAGES. |
| 259 | +IN NO EVENT WILL CODE SYNTHESIS, OR ANY OTHER PARTY WHO MAY COPY, |
| 260 | +DISTRIBUTE OR MODIFY THE SOFTWARE AS PERMITTED HEREIN, BE LIABLE FOR |
| 261 | +ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL |
| 262 | +DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF |
| 263 | +BUSINESS PROFITS, BUSINESS INTERRUPTION, INACCURATE INFORMATION, LOSS |
| 264 | +OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR |
| 265 | +INABILITY TO USE THE SOFTWARE, EVEN IF CODE SYNTHESIS OR SUCH OTHER |
| 266 | +PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. |
| 267 | + |
| 268 | +5. TERMINATION. |
| 269 | + |
| 270 | +Any violation or any attempt to violate any of the terms and conditions |
| 271 | +of this License will automatically terminate Licensee's rights under |
| 272 | +this License. Licensee further agrees upon such termination to cease |
| 273 | +any and all using, copying, distributing and modifying of the Software |
| 274 | +and any work derived from the Software, and further to destroy any and |
| 275 | +all of Licensee's copies of the Software and any work derived from the |
| 276 | +Software. |
| 277 | + |
| 278 | +However, parties who have received copies of the Software or copies of |
| 279 | +any work derived from the Software, or rights, from Licensee under this |
| 280 | +License will not have their licenses terminated so long as such parties |
| 281 | +remain in full compliance with this License. |
| 282 | + |
| 283 | +6. LICENSE SCOPE AND MODIFICATION. |
| 284 | + |
| 285 | +This License sets forth the entire agreement between Licensee and Code |
| 286 | +Synthesis and supersedes all prior agreements and understandings between |
| 287 | +the parties relating to the subject matter hereof. None of the terms of |
| 288 | +this License may be waived or modified except as expressly agreed in |
| 289 | +writing by both Licensee and Code Synthesis. |
| 290 | + |
| 291 | +7. SEVERABILITY. |
| 292 | + |
| 293 | +Should any provision of this License be declared void or unenforceable, |
| 294 | +the validity of the remaining provisions shall not be affected thereby. |
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