Copyright (C) 2007-2020 Active Database Software.
END-USER LICENSE AGREEMENT-SINGLE DEVELOPER LICENSE
FOR ALL SOFTWARE COMPONENT PRODUCT(S)
IMPORTANT- READ CAREFULLY: This Active Database Software ("ActiveDBSoft")
End-User License Agreement ("EULA") is a legal agreement between
you, an individual developer of software applications, ("Developer End
User") and ActiveDBSoft for all ActiveDBSoft software components, source
code, demos, intermediate files, media, printed materials, and "online" or
electronic documentation ("SOFTWARE COMPONENT PRODUCT(S)") contained in
this installation file.
ActiveDBSoft grants to you as an individual, a personal, nonexclusive
royalty-free license to install and use the SOFTWARE COMPONENT PRODUCT(S)
for the sole purposes of designing, developing, testing, distributing and
deploying application programs which you create. If you are an entity, you
must designate one individual within your organization to license the right
to use the SOFTWARE COMPONENT PRODUCT(S) in the manner provided herein.
By installing, copying, or otherwise using the SOFTWARE COMPONENT
PRODUCT(S), you agree to be bound by the terms of this EULA. If you do not
agree to any part of the terms of this EULA, DO NOT INSTALL, USE,
DISTRIBUTE IN ANY MANNER, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR
PORTION OF THE SOFTWARE COMPONENT PRODUCT(S). Immediately return it to
place of purchase for a full refund.
All SOFTWARE COMPONENT PRODUCT(S) is licensed, not sold.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If the licensed
right of use for this SOFTWARE COMPONENT PRODUCT(S) is purchased by you
with any intent to reverse engineer, decompile, and the exploitation or
unauthorized transfer of any ActiveDBSoft intellectual property and trade
secrets, to include any exposed methods or source code where provided, no
licensed right of use shall exist, and any PRODUCT(s) created as a result
shall be judged illegal by definition of all applicable law. Any sale or
resale of intellectual property or created derivatives so obtained will be
prosecuted to the fullest extent of all local, federal and international
law.
1. GRANT OF LICENSE. This EULA, if legally executed as defined herein,
licenses and so grants the single individual Developer End User the
following rights:
SOFTWARE COMPONENT PRODUCT(S). You may install and use one copy of the
SOFTWARE COMPONENT PRODUCT(S), including any and all source code if
provided, or any prior version legally licensed for the same operating
system, on a single computer. The primary user of the computer on which the
SOFTWARE COMPONENT PRODUCT(S) is installed may make a second copy for his
or her exclusive use on a portable computer. You acknowledge and agree that
the SOFTWARE COMPONENT PRODUCT(S) in source code form remains a
confidential trade secret of ActiveDBSoft.
(a) Storage/Network Use. You, as Developer End User, may also store or
install a copy of the SOFTWARE COMPONENT PRODUCT(S) on a storage device,
such as a network server, used only to install or run the SOFTWARE
COMPONENT PRODUCT(S) on your other computers over an internal network;
however, Developer End User must acquire and dedicate a license for each
separate computer on which the SOFTWARE COMPONENT PRODUCT(S) is installed
or run from the storage device. A license for the SOFTWARE COMPONENT
PRODUCT(S) may not be shared or used concurrently on different computers.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
2. Not for Resale Software. If the SOFTWARE COMPONENT PRODUCT(S) is
labeled and provided as "Not for Resale" or "NFR", then, notwithstanding
other sections of this EULA, you may not resell, distribute, or otherwise
transfer for value or benefit in any manner, the SOFTWARE COMPONENT
PRODUCT(S) or any derivative work using the SOFTWARE COMPONENT PRODUCT(S).
You may not transfer, rent, lease, lend, copy, modify, translate,
sublicense, time-share or electronically transmit the SOFTWARE COMPONENT
PRODUCT(S), media or documentation. This also applies to any and all
intermediate files, source code, and compiled executables.
Limitations on Reverse Engineering, Decompilation, and Disassembly. You
may not reverse engineer, decompile, or disassemble the SOFTWARE COMPONENT
PRODUCT(S), and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation. The provision
of source code, if included with the SOFTWARE COMPONENT PRODUCT(S), does
not constitute transfer of any legal rights to such code, and resale or
distribution of all or any portion of all source code and intellectual
property will be prosecuted to the fullest extent of all applicable local,
federal and international laws. You agree to take all reasonable, legal and
appropriate measures to prohibit the illegal dissemination of the SOFTWARE
COMPONENT PRODUCT(S) or any of its constituent parts and Distributables to
the fullest extent of all applicable local, US and International Laws and
Treaties regarding anti-circumvention, including but not limited to, the
Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic
Conferences.
Separation of Components, their constituent parts and Redistributables.
The SOFTWARE COMPONENT PRODUCT(S) is licensed as a single PRODUCT(s). The
SOFTWARE COMPONENT PRODUCT(S) and its constituent parts and any provided
Distributables may not be reverse engineered, decompiled, disassembled or
separated for use on more than one computer, nor placed for distribution,
sale, or resale as individual creations by Developer End User. The
provision of source code, if included with the SOFTWARE COMPONENT
PRODUCT(S), does not constitute transfer of any legal rights to such code,
and resale or distribution of all or any portion of all source code and
intellectual property will be prosecuted to the fullest extent of all
applicable local, federal and international laws. All ActiveDBSoft
libraries, source code, Redistributables and other files remain
ActiveDBSoft's exclusive property. Regardless of any modifications that
you make, you may not distribute any files (particularly ActiveDBSoft
source code and other non-executable files) except those that ActiveDBSoft
has expressly designated as Redistributable. ActiveDBSoft PRODUCT(s) may
include certain files ("Redistributables") intended for distribution by you
to the users of programs you create. Redistributables include, for
example, those files identified in printed or on-line documentation or
identified by ActiveDBSoft as redistributable files, or those files
preselected for deployment by an install utility provided with the SOFTWARE
COMPONENT PRODUCT(S) (if any). In any event, the Redistributables for the
SOFTWARE COMPONENT PRODUCT(S) are only those files specifically designated
as such by ActiveDBSoft. From time to time, ActiveDBSoft may designate
other files as Redistributables. You must contact ActiveDBSoft to obtain a
list of for additional information on redistributable files. Subject to
all of the terms and conditions in this EULA, you may reproduce and
distribute exact copies of the Redistributables, provided that such copies
are made from the original copy of the SOFTWARE COMPONENT PRODUCT(S) or the
copy transferred to the single hard disk. Copies of Redistributables may
only be distributed with and for the sole purpose of executing application
programs permitted under this EULA that you have created using the SOFTWARE
COMPONENT PRODUCT(S). Under no circumstances may any copies of
Redistributables be distributed separately.
3. Rental. You may not rent, lease, or lend the SOFTWARE COMPONENT
PRODUCT(S).
SOFTWARE COMPONENT PRODUCT(S) Transfer. You may NOT permanently or
temporarily transfer ANY of your rights under this EULA to any individual
or entity. Regardless of any modifications which you make and regardless
of how you might compile, link, and/or package your programs, under no
circumstances may the libraries, code, Redistributables, and/or other files
of the SOFTWARE COMPONENT PRODUCT(S) (including any portions thereof) be
used for developing programs by anyone other than you. Only you as the
licensed Developer End User have the right to use the libraries, code,
Redistributables, or other files of the SOFTWARE COMPONENT PRODUCT(S) (or
any portions thereof) for developing programs created with the SOFTWARE
COMPONENT PRODUCT(S). In particular, you may not share copies of the
Redistributables with other co-developers. You may not reproduce or
distribute any ActiveDBSoft documentation without ActiveDBSoft's
permission.
4. Termination. Without prejudice to any other rights or remedies,
ActiveDBSoft will terminate this EULA upon your failure to comply with all
the terms and conditions of this EULA. In such event, you must destroy all
copies of the SOFTWARE COMPONENT PRODUCT(S) and all of its component parts
including any related documentation, and must remove ANY and ALL use of
such technology immediately from any applications using technology
contained in the SOFTWARE COMPONENT PRODUCT(S) developed by you, whether in
native, altered or compiled state.
5. Additional Restrictions. ONLY THE LEGALLY REGISTERED DEVELOPER END USER
IS LICENSED TO DISTRIBUTE ROYALTY-FREE THE ACTIVE QUERY BUILDER AS PART OF
AN EXECUTABLE PROGRAM OR AS PART OF WEB-BASED APPLICATION ONLY, subject to
all of the conditions of this agreement.
YOU MAY NOT CREATE NEW 'ACTIVE X' COMPONENTS OR '.NET' COMPONENTS, or ANY
OTHER COMPONENT ARCHITECTURE, INCLUDING BUT NOT LIMITED TO DLLs, FOR
DISTRIBUTION OUTSIDE OF YOUR COMPANY IN ANY FORM, MANNER OR MEDIA OR USING
ANY DISTRIBUTION CHANNEL, WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE
COMPONENT PRODUCT(S) AND ITS RELATED SOURCE CODE.
YOU MAY NOT CREATE ANY TOOL OR SOFTWARE COMPONENT PRODUCT(S) THAT DIRECTLY
OR INDIRECTLY COMPETES WITH THE SOFTWARE COMPONENT PRODUCT(S) WHICH
UTILIZES ALL OR ANY PORTION OF THE SOFTWARE COMPONENT PRODUCT(S) AND ITS
RELATED SOURCE CODE. MODIFICATION OF SOURCE CODE AND SUBSEQUENT
REDISTRIBUTION OF ANY SUCH MODIFICATIONS IS PROHIBITED.
6. UPGRADES. If the SOFTWARE COMPONENT PRODUCT(S) is labeled as an upgrade,
you must be properly licensed to use a PRODUCT(s) identified by
ActiveDBSoft as being eligible for the upgrade in order to use the SOFTWARE
COMPONENT PRODUCT. A SOFTWARE COMPONENT PRODUCT labeled as an upgrade
replaces and/or supplements the SOFTWARE COMPONENT PRODUCT that formed the
basis for your eligibility for the upgrade, and together constitute a
single PRODUCT. You may use the resulting upgraded PRODUCT only in
accordance with all the terms of this EULA.
7. COPYRIGHT. All title and copyrights in and to the SOFTWARE COMPONENT
PRODUCT(S) (including but not limited to any images, demos, source code,
intermediate files, packages, photographs, distributables, animations,
video, audio, music, text, and "applets" incorporated into the SOFTWARE
COMPONENT PRODUCT(S), the accompanying printed materials, and any copies of
the SOFTWARE COMPONENT PRODUCT(S) are owned by ActiveDBSoft or its
subsidiaries. The SOFTWARE COMPONENT PRODUCT(S) is protected by copyright
laws and international treaty provisions. Therefore, you must treat the
SOFTWARE COMPONENT PRODUCT(S) like any other copyrighted material except
that you may install the SOFTWARE COMPONENT PRODUCT(S) on a single computer
provided you keep the original solely for backup or archival purposes. You
may not copy the printed materials accompanying the SOFTWARE COMPONENT
PRODUCT(S).
8. Installation and Use. The license granted in this EULA for you to create
your own compiled programs and distribute your programs and the
Redistributables (if any), is subject to all of the following conditions:
(i) all copies of the programs you create must bear a valid copyright
notice, either your own or the ActiveDBSoft copyright notice that appears
on the SOFTWARE COMPONENT PRODUCT(S); (ii) you may not remove or alter any
ActiveDBSoft copyright, trademark or other proprietary rights notice
contained in any portion of ActiveDBSoft libraries, source code,
Redistributables or other files that bear such a notice; (iii)
ActiveDBSoft provides no warranty at all to any person, other than the
Limited Warranty provided to the original purchaser of the SOFTWARE
COMPONENT PRODUCT(S), and you will remain solely responsible to anyone
receiving your programs for support, service, upgrades, or technical or
other assistance, and such recipients will have no right to contact
ActiveDBSoft for such services or assistance; (iv) you will indemnify and
hold ActiveDBSoft, its related companies and its suppliers, harmless from
and against any claims or liabilities arising out of the use, reproduction
or distribution of your programs; (v) your programs containing
ActiveDBSoft SOFTWARE COMPONENT PRODUCT(S) must be written using a
licensed, registered copy of the SOFTWARE COMPONENT PRODUCT(S); (vi) your
programs must add primary and substantial functionality, and may not be
merely a set or subset of any of the libraries, code, Redistributables or
other files of the SOFTWARE COMPONENT PRODUCT(S); (vii) regardless of any
modifications which you make and regardless of how you might compile, link,
or package your programs, the libraries, code, Redistributables, and/or
other files of the SOFTWARE COMPONENT PRODUCT(S) (including any portions
thereof) may not be used in programs created by your end users (i.e., users
of your programs) and may not be further redistributed by your end users;
and (viii) you may not use ActiveDBSoft's or any of its suppliers' names,
logos, or trademarks to market your programs.
U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE COMPONENT PRODUCT(S) is
provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the
Government is subject to restrictions as set forth in subparagraph
(c)(1)(ii) of the Rights in Technical Data and Computer Software Products
clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the
Commercial Computer SOFTWARE Products Restricted Rights at 48 CFR
52.227-19, as applicable. Manufacturer is ActiveDBSoft.
EXPORT RESTRICTIONS. ActiveDBSoft expressly complies with all export
restrictions imposed by the government of the United States of America.
You, as Developer End User, must agree not to export or re-export the
SOFTWARE COMPONENT PRODUCT(S) within any created application to any
country, person, entity or end user subject to U.S.A. export restrictions.
Restricted countries currently include, but are not necessarily limited to
Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. You warrant and
represent that neither the U.S.A. Bureau of Export Administration nor any
other federal agency has suspended, revoked or denied your export
privileges.
NO WARRANTIES. ActiveDBSoft expressly disclaims any warranty for the
SOFTWARE COMPONENT PRODUCT(S). THE SOFTWARE COMPONENT PRODUCT(S) AND ANY
RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE
SOFTWARE COMPONENT PRODUCT(S) REMAINS WITH YOU. To the maximum extent
permitted by applicable law, in no event shall ActiveDBSoft be liable for
any special, incidental, indirect, or consequential damages whatsoever
(including, without limitation, damages for loss of business profits,
business interruption, loss of business information, or any other pecuniary
loss) arising out of the use of or inability to use the SOFTWARE COMPONENT
PRODUCT(S) or the provision of or failure to provide Support Services, even
if ActiveDBSoft has been advised of the possibility of such damages.
ActiveDBSoft's entire liability and your exclusive remedy shall be, at
ActiveDBSoft's option, either (a) return of the price paid, or (b) repair
or replacement of the SOFTWARE COMPONENT PRODUCT(S) that does not meet
ActiveDBSoft's Limited Warranty and which is returned to ActiveDBSoft with
a copy of your receipt. DO NOT RETURN ANY PRODUCT(S) UNTIL YOU HAVE
CONTACTED THE ActiveDBSoft CUSTOMER SERVICE DEPARTMENT AND OBTAINED A
RETURN AUTHORIZATION NUMBER. This Limited Warranty is void if failure of
the SOFTWARE COMPONENT PRODUCT(S) has resulted from accident, abuse, or
misapplication. Any replacement SOFTWARE COMPONENT PRODUCT(S) will be
warranted for the remainder of the original warranty period or thirty (30)
days, whichever is longer. Outside the United States, neither these
remedies nor any PRODUCT(s) support services offered by ActiveDBSoft are
available without proof of purchase from an authorized non-U.S. source.
Some states and jurisdictions do not allow the exclusion or limitation of
liability, so the above limitation may not apply to you.
Support Services. ActiveDBSoft may provide you with support services
related to the SOFTWARE COMPONENT PRODUCT(S) ("Support Services"). Use of
Support Services is governed by the ActiveDBSoft policies and programs
described in the user manual, in "on line" documentation and/or other
ActiveDBSoft provided materials. Any supplemental SOFTWARE COMPONENT
PRODUCT(S) code provided to you as part of the Support Services shall be
considered part of the SOFTWARE COMPONENT PRODUCT(S) and subject to the
terms and conditions of this EULA. With respect to technical information
you provide to ActiveDBSoft as part of the Support Services, ActiveDBSoft
may use such information for its business purposes, including for
PRODUCT(s) support and development. ActiveDBSoft will not utilize such
technical information in a form that personally identifies you.
MISCELLANEOUS. This EULA shall be construed, interpreted and governed by
the laws of the State of Nevada, U.S.A. This EULA gives you specific legal
rights; you may have others that vary from state to state and from country
to country.
ActiveDBSoft reserves all rights not specifically granted in this EULA.
GENERAL PROVISIONS. This EULA may only be modified in writing signed by you
and an authorized officer of ActiveDBSoft. If any provision of this EULA
is found void or unenforceable, the remainder will remain valid and
enforceable according to its terms. If any remedy provided is determined
to have failed for its essential purpose, all limitations of liability and
exclusions of damages set forth in the Limited Warranty shall remain in
effect.
If this PRODUCT(s) was acquired outside the United States, then you, as the
Developer End User, agree and ascend to the adherence to all applicable
international treaties regarding copyright and intellectual property rights
which shall also apply. In addition, you, as Developer End User, agree
that any local law(s) to the benefit and protection of ActiveDBSoft
ownership of, and interest in, its intellectual property and right of
recovery for damages thereto will also apply.