DA-SOFT TECHNOLOGIES - END USER LICENSE AGREEMENT
v 4.0, 28-January-2013
DA-SOFT TECHNOLOGIES ("da-soft") IS WILLING TO LICENSE THE SOFTWARE TO YOU, THE END USER, ONLY UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS LICENSE AGREEMENT. PLEASE READ THIS DOCUMENT CAREFULLY AND IN ITS ENTIRETY BEFORE USING ANY SOFTWARE PRODUCT ACQUIRED FROM DA-SOFT TECHNOLOGIES.
1. SCOPE. This End User License Agreement ("EULA") covers all SOFTWARE PRODUCTS produced and sold by da-soft. The software products, covered by this EULA are:
* da-soft AnyDAC for Delphi
* da-soft uiRobo for Delphi
* da-soft ThinDAC for Delphi
* da-soft SimpleIAX for Delphi
* da-soft FreeDAC
* da-soft NCOCI8
2. DEDFINITIONS. "REDISTRIBUTABLE FILES" means the generated source code files compiled into a binary form and the associate run-time files.
"END USER PRODUCT" means software product created the Licensee and distributed to any third party.
3. LICENSE.
3.1. SINGLE LICENSE (NAMED). Subject to the terms of this Agreement, da-soft grants to you a non-transferable right to use one copy of the enclosed da-soft computer programs, and any updates, tutorials, training or instructional programs provided by da-soft (the "Software"). In other words, you may install the Software on any number of PC's, belonging to you - the license owning Person, and you may use only a single copy at each moment of time.
3.2. SITE LICENSE (CORPORATE). Subject to the terms of this Agreement, da-soft grants to you a non-transferable right to use unlimited number of the enclosed da-soft computer programs, and any updates, tutorials, training or instructional programs provided by da-soft (the "Software") in Single Organization. In other words, you may install the Software on any number of PC's, belonging to you - the license owning Organization, and your developers may use any number of copies at each moment of time.
3.3. REDISTRIBUTABLES. You are granted a non-exclusive, royalty-free right to make copies of the REDISTRIBUTABLE FILES, and distribute those copies to your end users; provided that (i) you only distribute the REDISTRIBUTABLE FILES in conjunction with, and as part of your END USER PRODUCT which adds significant and primary functionality to the REDISTRIBUTABLE FILES; (ii) you ensure all copyright notices are retained; (iii) you include a license agreement with your END USER PRODUCT that does not permit further distribution of the REDISTRIBUTABLE FILES by your END USER.
3.4. SUPPORT. Access to software product upgrades and online and email support requires that the end user maintain a current subscription contract. Da-soft reserves the right to cease offering and providing (i) support at any time, (ii) product upgrades, and (iii) support for prior Delphi releases.
4. COPYRIGHT. All proprietary rights and trade secrets in the Software source code, binary files, tools, written materials, images, demo applications, demo data, other texts are owned by da-soft or its licensers and are protected by copyright laws. da-soft retains all rights not expressly granted herein.
5. RESTRICTIONS. You may not use, copy, alter, merge, adapt, modify, rent, lease or sublicense the Software or the accompanying written materials, or any copy thereof, in whole of in part, except as expressly provided in the Agreement or under applicable statutes. You may not reverse-engineer, decompile or disassemble the Software. However, the foregoing restrictions are limited so that they prohibit such activities only to the maximum extent such activities may be prohibited without violating applicable statutes.
This EULA does not give you any right to use any 3d party libraries, at first Database client libraries. They are covered by the corresponding 3d party product licenses.
6. TERM. The license is effective until terminated. Your license will terminate automatically if you fail to cure any breach of this Agreement within thirty (30) days after such breach first occurs (or immediately in the case of a breach of the restrictions set forth in paragraph 3 above). Upon any termination you agree to either return to da-soft or destroy all copies and portions of the Software and the accompanying written materials held by you.
7. LIMITED WARRANTY AND DISCLAIMER. da-soft warrants that (a) the Software will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of receipt by you and (b) the media on which the Software is furnished is free from defects in materials and workmanship under normal use for a period of thirty (30) days from the date of receipt by you. No direct warranty is provided by any of ds-soft's licensors. Except for the foregoing, the software and the accompanying written materials are provided "as is" without warranty of any kind, whether express or implied, including without limitation , any warranty of merchantability or fitness for a particular purpose. Further, ds-soft does not warrant, guarantee, or make any representations regarding the use, or the results of the use, of the software or the written materials or that they are error free. This limited warranty gives you specific legal rights and you may also have other rights which may vary from country to country. Some countries and jurisdictions do not allow limitation on how long an implied warranty lasts, so the above limitations may not apply to you.
8. LIMITATION OF REMEDIES. Except to the extent expressly required by applicable statutes, da-soft's entire liability and your exclusive remedy shall be limited to product replacement or to refund of the license fee.
9. LIMITATION OF LIABILITY. Except to the extent expressly required by applicable statutes, da-soft shall not be responsible or liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other theory for (a) loss of data or cost of procurement of substitute goods, services or technology, (b) for any indirect, incidental or consequential damages including, but not limited to loss of profits, or (c) any matter beyond its reasonable control. As some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations and exclusions may not apply to you.
10. INTERPRETATION. If one or more provisions of this Agreement are held to be illegal or unenforceable under applicable law, such illegal or unenforceable portion(s) shall be limited or excluded from this Agreement to the minimum extent required so that this Agreement shall otherwise remain in full force and effect and enforceable in accordance with its terms.
11. GENERAL. This Agreement shall be governed by and construed under the laws of USA. You agree not to remove, export or re-export the Software in violation of any relevant export regulations. You agree that this Agreement is the complete and exclusive statement of the mutual understanding between us and supersedes and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS.
SHOULD YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, PLEASE WRITE DA-SOFT AT:
EMAIL:SALES@DA-SOFT.COM
HTTP://WWW.DA-SOFT.COM
