OLEDB Direct Components Suite
AUTHOR : Vassiliev V.V.
SOFTWARE: OLEDB Direct Components Suite
NO-NONSENSE LICENSE STATEMENT AND LIMITED WARRANTY
IMPORTANT - READ CAREFULLY
This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and Vassiliev V.V. ("Author") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.
If you are accepting this License Agreement on behalf of a corporation, partnership or other legal entity, the use of the terms "you" and "your" in this License Agreement will refer to such entity.
TERMS AND CONDITIONS
1. GRANT OF LICENSE.
a. Subject to the terms and conditions of this License Agreement, Author grants to you a personal, nonexclusive, nontransferable and limited license to install and use the Software for the purposes set forth herein. Unless you have purchased additional licenses from Author, you may only install and use a single copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. If you are an entity, Author grants you the right to designate one individual within your organization ("Named User") to have the right to use the Software in the manner provided herein. If you have purchased additional licenses from Author or a Author authorized reseller, you may install and use the number of copies of the Software up to the number of users, CPU's, servers and/or at the sites granted to you in writing by Author ("Licensed Copies").
b. This Software is owned by Author or its suppliers and is protected by copyright law, international copyright treaties, as well as other proprietary notices. Therefore, you must treat this Software like any other copyrighted material (e.g., a book) and you agree that the total number of copies of the Software used by you may not exceed the number of Licensed Copies paid for by you, except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes.
c. Subject to the further terms and conditions of this License Agreement, the term of this license is perpetual (unless terminated as provided below). You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of this License Agreement.
d. If you have acquired the Time Limited Evaluation version of the Software, you may install and use the Software solely for evaluation and test purposes for the duration of the time period set in the Software. You may not attempt to increase the functionality of the Software in any manner or extend the time limiters of the Time Limited Evaluation version. Evaluation period is 15 days from the moment of installing the Software.
2. LICENSE RESTRICTIONS.
a. Except as provided in this License Agreement, you receive no rights and agree not to transfer, rent, lease, lend, copy, modify, translate, port, create derivative works of, market, distribute, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of Author and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. As a confidential trade secret, you shall use your best efforts to protect the proprietary or confidential information supplied by Author in its Software (including any source code), in the same manner in which you would protect your own proprietary or confidential information, but not less than reasonable precautions to protect such proprietary or confidential information and you shall not use such proprietary or confidential trade secret for your own benefit or the benefit of any other person or entity, except as may be specifically permitted hereunder.
b. If you have purchased an upgrade version of the Software, it constitutes a single product with the Author software that you upgraded. You may use or transfer the upgrade version of the Software together with the original only in accordance with this License Agreement.
You are required to register the Software with Author.
4. LICENSE TERMS FOR THE WORKS YOU CREATE USING SOFTWARE
Author grants to you as an individual, a personal, nonexclusive license to install and use the Software for the sole purposes of designing, developing, testing, and deploying, in source and compiled form, the works which you create using the Software ("Works"), subject to the restrictions in this License Agreement.
Nothing in this License Agreement permits you to derive the source code of files that Author has provided to you in compiled form only, or to reproduce, modify, use, or distribute the source code of such files. You are not, of course, restricted from distributing source code or compiled code that is entirely your own. Source code which you generate with a Author source code generator, is considered by Author to be your code.
GENERAL TERMS THAT APPLY TO COMPILED WORKS AND REDISTRIBUTABLES
You may compile (including byte-code compile) your Works using the Software, including any libraries and source code included for such purpose with the Software. You may reproduce and distribute Works in compiled form, without additional license or fees, subject to all of the conditions in this License Agreement.
The Software may include certain files ("Redistributables") intended for distribution by you to the users of your Works. Redistributables include, for example, those files identified in the accompanying printed or on-line documentation as redistributable files. In any event, the Redistributables for the Software are only those files specifically designated as such by Author. From time to time, Author may designate other files as Redistributables. You should refer to the documentation, including any "readme" or "deploy" files included with the Software, for additional information.
Subject to all of the conditions in this License Agreement, you may reproduce and distribute exact copies of the Redistributables, provided that such copies are made from the original copy of the Software or the copy transferred to the single hard disk. Copies of Redistributables may only be distributed with and for the sole purpose of executing the Works permitted under this License Agreement that you have created using the Software. Under no circumstances may any copies of Redistributables be distributed separately. Regardless of any modifications which you make and regardless of how you might compile, link, and/or package your Works, under no circumstances may the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) be used for developing Works by anyone other than you. Only you as the licensed user (or the Named User for your entity) have the right to use the libraries (including runtime libraries), code, Redistributables, or other files of the Software (or any portions thereof) for developing Works. In particular, you may not share copies of the Redistributables with other co-developers. You may not reproduce or distribute any Author documentation without Author's permission.
The license granted in this License Agreement for you to create the Works and distribute your Works and the Redistributables (if any) is subject to all of the following conditions:
(i) all copies of the Works you create must bear a valid copyright notice, either your own or the Author copyright notice that appears on the Software;
(ii) you may not remove or alter any Author copyright, trademark or other proprietary rights notice contained in any portion of Author libraries, source code, Redistributables or other files that bear such a notice;
(iii) all rights and obligations of the parties here are personal to them and this License Agreement is not intended to benefit nor shall it be deemed to give rise to, any rights in any third party; consequently, Author provides no warranty at all to any person, other than the Limited Warranty provided to the original purchaser of the Software, and you will remain solely responsible to anyone receiving your Works for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact Author for such services or assistance;
(iv) you will indemnify, defend and hold Author, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of your Works;
(v) your Works must be written using a licensed, registered copy of the Software;
(vi) your Works must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries (including runtime libraries), code, Redistributables or other files of the Software;
(vii) regardless of any modifications which you make and regardless of how you might compile, link, or package your Works, the libraries (including runtime libraries), code, Redistributables, and/or other files of the Software (including any portions thereof) may not be used in programs created by your end users (i.e., users of your Works) and may not be further redistributed by your end users; and
(viii) you may not use Author's or any of its suppliers' names, logos, or trademarks to market your Works, except to state that your Work was written using the Software.
The Software might include source code, redistributable files, and/or other files provided by a third party vendor ("Third Party Software"). Since use of Third Party Software might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with Third Party Software for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of this License Agreement.
All Author Software provided under this License Agreement, including but not limited to libraries, source code, Redistributables and other files remain Author's exclusive property. Author will retain all right, title and interest in and to the libraries, source code, Redistributables and other files, including the Intellectual Property contained in such property (including but not limited to, ownership of all copyrights, patents, trademarks, service marks worldwide). Regardless of any modifications that you make, you may not distribute any files (particularly Author source code and other non-compiled files) except those that Author has expressly designated as Redistributables.
Contact Author for the applicable royalties due and other licensing terms for all other uses and/or distribution of the Redistributables.
5. LIMITED WARRANTY
a. Software provided under this License Agreement, including but not limited to libraries, source code, Redistributables and other files are provided "as is", without warranty of any kind except as expressly provided in this paragraph. Author warrants that, except with respect to the Redistributables, the Software, as updated and when properly used, will perform substantially in accordance with the accompanying documentation, and the Software media will be free from defects in materials and workmanship, for a period of ninety (90) days from the date of receipt. Any implied warranties on the Software are limited to ninety (90) days.
b. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AUTHOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. AUTHOR DOES NOT WARRANT THAT THE AUTHOR SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE AUTHOR SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
6. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AUTHOR OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS OR BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) WHETHER BASED ON PRINCIPLES OF CONTRACT, TORT (INCLUDING NEGLIGENCE), DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, AUTHOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS LICENSE AGREEMENT SHALL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE PRODUCT OR U.S. $25; PROVIDED, HOWEVER, IF YOU HAVE ENTERED INTO A AUTHOR SUPPORT SERVICES AGREEMENT, AUTHOR'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.
7. HIGH RISK ACTIVITIES
The Software is not fault-tolerant and is not designed, intended, or licensed for use in line control equipment or in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, and life support or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Without limiting the generality of the foregoing, Author and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
Your license to use the Software shall become effective on the date you agree to the terms and conditions of this License Agreement. Your license to use the Software shall terminate automatically if you fail to comply with the limitations described in this License Agreement. No notice shall be required from Author to effectuate such termination. Upon expiration or termination of this License Agreement for any reason, you shall make no further use of the Software and shall destroy all copies of the Software and all of its component parts on all systems, in all forms, in all types of media and computer memory, and whether or not modified or combined with other materials.
9. GENERAL PROVISIONS
This License Agreement will not be modified except by a properly executed written agreement. Any terms and conditions of any purchase order or other instrument issued by you in connection with this License Agreement which are in addition to, inconsistent with or different from the terms and conditions of this License Agreement will be of no force or effect.
If any provision of this License Agreement 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.
Failure by either party at any time to enforce any obligation by the other party, to claim a breach of any term of this License Agreement or to exercise any power agreed to hereunder will not be construed as a waiver of any right, power or obligation under this License Agreement, will not affect any subsequent breach, and will not prejudice either party as regards any subsequent action.
Except as expressly permitted hereby, you may not assign any rights or obligations under this License Agreement without the prior consent of Author.
The provisions of this License Agreement that by their nature and content are intended to survive the performance hereof shall so survive the completion and termination of this License Agreement.