License Agreement for
This License Agreement for Sql.Net is a legal agreement between the RECIPIENT and the AUTHOR.
1.1 “AUTHOR” means Reeb Software.
1.2 "RECIPIENT" means the company, entity or individual whose product registration for the Software is on record with the AUTHOR. The RECIPIENT is licensed to us the SOFTWARE at one location, as identified by the Contact Information provided by the RECIPIENT with the product registration. If the RECIPIENT, has other locations, separate licenses are required, unless otherwise stated in this agreement. RECIPIENT is sometimes referred to as “You” or “Your” throughout this License Agreement.
1.3 “SOFTWARE” means Sql.Net product developed by Reeb Software.
1.4 "USE" means storing, loading, installing, or executing compiled code from the SOFTWARE.
2. RECIPIENT’S ACCEPTANCE OF TERMS OF LICENSE
Your USE of SOFTWARE, in whole or in part, indicates your acceptance of the following terms and conditions contained in this License Agreement. If you do not understand any terms or conditions contained in this License Agreement, contact the AUTHOR at firstname.lastname@example.org. If you do not agree to and accept the terms and conditions contained in this License Agreement, then you may not use or view any part or whole of the SOFTWARE. In such an event, the RECIPIENT must delete all files included with the SOFTWARE and destroy them in a commercially reasonable manner. Your acceptance of this License Agreement supercedes and replaces any prior license agreement you have accepted relating to Sql.Net.
3. TERMS AND CONDITIONS RELATIVE TO RECIPIENT’S USE OF THE SOFTWARE
3.1. LICENSE GRANT. The AUTHOR hereby grants the RECIPIENT a limited, nonexclusive, nontransferable license to use the SOFTWARE. The SOFTWARE contains source code and binaries associated with the software product known as Sql.Net.
3.2. Compiled work from this source code is only permitted to be run:
a) RECIPIENT has paid the Licensing Fee in full to the AUTHOR either directly or through an agent or reseller selected by the AUTHOR.
4. OWNERSHIP. The SOFTWARE is owned by Reeb Software. The RECIPIENT'S license confers no right, title or ownership to the intellectual property embodied in the SOFTWARE and should not be construed as a sale of any right in the SOFTWARE. Title and full ownership rights to the SOFTWARE will remain the exclusive property of the AUTHOR and the RECIPIENT will only acquire those rights expressly set forth in this license. RECIPIENT agrees that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
The AUTHOR grants all right, title and interest in and to all updates, modifications, enhancements and derivative works, in whole or in part, of the source code created by the RECIPIENT.
a) The RECIPIENT may distribute any program files that contain compiled code from any part of the SOFTWARE
b) The RECIPIENT may NOT distribute the SOFTWARE, or any modified version or derivative work of the SOFTWARE, in source code form.
c) Under no circumstances may the source code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any AUTHOR’S product.
The RECIPIENT may download and Use any past and future versions of the software at any time.
6. CONFIDENTIALITY. The RECIPIENT acknowledges that the SOFTWARE contains valuable and proprietary trade secrets of the AUTHOR. The RECIPIENT agrees to expend every effort to insure its confidentiality. The RECIPIENT shall not, without the prior express written consent of the AUTHOR, during the term of this Agreement and for five years thereafter, disclose or reveal to any third party or utilize for its own benefit other than pursuant to this Agreement, the SOFTWARE provided by the AUTHOR, provided that such information was not previously known to RECIPIENT or to the general public. RECIPIENT further agrees to take all reasonable precautions to preserve the confidentiality of AUTHOR’S SOFTWARE and shall assume responsibility that its employees and assignees will similarly preserve this information against third Parties.
7. DISCLAIMER OF WARRANTY LIMITATION OF LIABILITY
NO OTHER WARRANTIES. THIS SOFTWARE IS LICENSED TO THE RECIPIENT "AS IS", AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE RECIPIENT ASSUMES ALL RISKS WHEN USING IT. AUTHOR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR FREE. THE AUTHOR DOES NOT WARRANT THAT THIS SOFTWARE DOES NOT INFRINGE ANY RIGHTS OF THIRD PARTIES.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AUTHOR OR ITS SUPPLIERS BE LIABLE TO RECIPIENT FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AUTHOR'S LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE LICENSE FEE PAID BY RECIPIENT, IF ANY.
8. CONSUMER RIGHTS. The Warranty of Section 7 gives the RECIPIENT specific legal rights; the RECIPIENT may have other rights depending upon where he or she lives. Some jurisdictions do not allow the exclusion of limitation of special, incidental or consequential damages, so the above exclusions and limitations may not apply to all RECIPIENTS.
9. TERMINATION. This License and the rights granted hereunder shall continue in full force and effect until terminated as provided herein. RECIPIENT may terminate this License Agreement at any time without notice. This agreement will terminate automatically without notice from the AUTHOR, if the RECIPIENT fails to comply with the terms and conditions of this License Agreement.
Upon termination the RECIPIENT shall immediately discontinue USE of the SOFTWARE and promptly destroy all copies of the SOFTWARE. All payments made by RECIPIENT are non refundable. Notwithstanding termination, the following provisions shall survive: Sections 4, 5, 6, 7 and 8. All other rights granted under this Agreement will cease upon termination.
10. SEVERABILITY. In the event of invalidity of any provision of this license, the parties agree that such invalidity shall not affect the validity of the remaining portions of this license.
11. ENTIRE AGREEMENT. This Agreement constitutes the complete and exclusive agreement between AUTHOR and RECIPIENT with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in a writing duly signed by an authorized representative of the AUTHOR and RECIPIENT.