OpenInsight 10.0 and Above Software License Agreement

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Software License Agreement

Your guide to licensing Revelation Software products from development through deployment. By clicking on the “Yes” button on the Software License Agreement window, you agree to abide by the terms and conditions of this license agreement. If you have any questions, please contact our Customer Service Department at (800) 262-4747 or (201) 594-1422. UK and Western European customers should contact +44 (0)208 912 1000; Asia and Pacific customers should contact +64 (9) 534 9134.

OpenInsight 10.0 and above License Agreement

THIS IS A LEGAL AGREEMENT BETWEEN YOU (Licensee) AND REVELATION SOFTWARE (Revelation). READ THESE TERMS AND CONDITIONS BEFORE OPENING THE MEDIA PACKAGE AND/OR INSTALLING OR DOWNLOADING THE PRODUCT. IF YOU DO NOT AGREE WITH THEM, YOU SHOULD PROMPTLY RETURN THE PRODUCT TO REVELATION OR ABORT THE INSTALLATION PROCESS. This AGREEMENT governs the use of the software and documentation contained in the OpenInsight Products. Installation, copying, downloading, or any other use of the software indicates your agreement with the terms and conditions set forth herein.

I. GRANT OF LICENSE

Revelation grants Company a non-exclusive license to install and use one (1) copy of the software and one (1) copy of the documentation on one (1) computer. Company may make one (1) copy of the software for backup purposes only consistent with and under the limitations of 17 U.S.C. § 117. All other rights are reserved to Revelation. This software is protected by copyright law, international copyright treaty and by Revelation’s defined licensing requirements.

The Works

The Works includes a full development copy of OpenInsight and access to the “WORKS Members” section of the Revelation Website as well as access to technical support from Revelation Software.  A Works subscription license includes a Setup executable which can be downloaded from the Works Download section of the Revelation Software web site.  The Setup executable will install a two (2) user development copy of OpenInsight for use of the Works subscription member on the appropriate computer. If there is more than one developer, these additional developers are added to the OpenInsight Works development license through a supplied authorization code via the purchase of a TeamWorks license.  Every OpenInsight Works Developer must be properly licensed.  Revelation provides these licenses via TeamWorks.  Each additional Works user is provided with an additional two (2) users applied to an OpenInsight license that resides on the network server and increments the number of concurrent Works developers that can access that copy of OpenInsight. For example, if five Works developers require access to OpenInsight on a network, the first Works developer license will be the two (2) user licenses created with the Setup executable. The remaining four Works developers would apply the appropriate authorization code to the copy of OpenInsight on the network which would then add eight (8) additional user licenses bringing the total number of user license to ten (10).  OpenInsight Works or TeamWorks development licenses cannot be distributed to more than one server. If you need to deploy the development application on multiple servers, additional copies of OpenInsight Works or TeamWorks must be purchased.

Every individual who accesses the “WORKS Members” section of the Revelation web site for upgrades, content, services, etc. must have an active Works Subscription. Proper licensing can be determined by ensuring each individual has his/her own unique user name and password. A Works Subscription is not transferable or shareable (i.e. multiple users logging in using the same user account). 

Network User License (NUL)

Every OpenInsight Network User License user must be properly licensed.  The Developer Class engine provides the capability for a single user or multiple users to create files, create or modify dictionaries, create or delete indexes, as well as any application components (forms, programs, menus, etc). It does not allow applications to be deployed.  Network User Licenses are available in increments of any number of users and are supplied electronically for one use on one installation of one OpenInsight serial number. A Network User License cannot be duplicated nor can it be applied more than once. If you need to deploy the application on multiple servers, additional Network User Licenses must be licensed or Enterprise Licensing must be purchased.

Network User License – Server Edition

This license includes (1) Network User License File and a serial number which can have an unlimited number of users on a single server.  This license also includes Revelation Software’s Universal Network Driver (NUL). This license is subject to an annual license renewal fee. 

Network User License – Enterprise “A” Edition

This license includes (1) or more Network User License Files and serial numbers for a minimum of seventy five (75) concurrent users.  These license files can be applied across multiple servers within the Enterprise.  This license also includes Revelation Software’s Universal Network Driver (NUL).  This license is subject to an annual license renewal fee. 

Network User License – Enterprise “B” Edition

This license includes (1) or more Network User License Files and serial numbers for a minimum of one hundred and fifty (150) concurrent users.  These license files can be applied across multiple servers within the Enterprise.  This license also includes Revelation Software’s Universal Network Driver (NUL).  This license is subject to an annual license renewal fee. 

Web User License

A Web User License enables the publication of Revelation data to the World Wide Web.  The web User License provides users with access to application extensions within the context of a web browser or HTTP enabled tool.  It can be used in conjunction with Works Licenses and/or Network User Licenses for both testing and production web environments: 

  1. Testing - Communicating to the OpenEngine via OECGI4 using dynamic concurrent  connections requires a minimum of one (1) Works License.  This license is designed for developer use to test their web application development, without the need to invest in a multi-user web User License.
  2. Production - Communicating to the OpenEngine via OECGI4 using dynamic concurrent connections requires a minimum of (10) Network User Licenses. 

Revelation Network Products

The Revelation Universal Driver and Universal Driver Heavy are licensed per server. The implementa­tion and use of these products work in conjunction with properly licensed net­work user licenses (OpenInsight Network User Licenses).  A Network Product cannot be duplicated nor applied more than once. If you need to deploy the application on multiple servers, additional Network Products must be purchased or Enterprise licensing must be purchased.

 II.     ANNUAL LICENSE RENEWAL

Network User Licenses for OpenInsight 10.0 and above are subject to an Annual License Renewal fee.   The annual license renewal fee is charged (1) year from the date of initial license purchase.  Failure of payment of the annual license renewal fee is a direct violation of this Agreement. 

 III.   TERM OF AGREEMENT

The term of this Agreement shall commence on the date Company installs the software. This Agreement remains in effect until terminated. This Agreement shall automatically terminate without notice if you fail to comply with any term or condition of this Agreement. Upon termination of this Agreement, Company shall cease use of the Product and, upon request, return to Revelation or certify destruction of the Product, including documentation and any related materials.

 IV.   LIMITED WARRANTY

Revelation Software warrants the physical media and physical documentation provided by Revelation Software to be free of defects in materials and workmanship for a period of ninety (90) days from the original purchase date. If Revelation Software receives notification within the warranty period of defects in materials or WORKMANSHIP, and determines that such notification is correct, Revelation Software will replace the defective media or documentation. YOU MAY NOT RETURN ANY PRODUCT UNTIL YOU HAVE OBTAINED A RETURN AUTHORIZATION NUMBER FROM REVELATION SOFTWARE’S CUSTOMER CARE DEPARTMENT. REVELATION SOFTWARE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.

Specifically, Revelation Software makes no representation or warranty that the software or documentation is "error-free" or meets any user's particular standards, requirements, or needs. In all events, any implied warranty, representation, condition, or other term is limited to the physical media and documentation and is limited to the 90-day duration of the limited warranty.

 V.      LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL REVELATION OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF REVELATION HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO RECIPIENT.

IN NO EVENT SHALL REVELATION’S TOTAL LIABILITY TO RECIPIENT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY RECIPIENT (IF ANY) FOR THE PRODUCT.

 VI.   SEVERABILITY

If any provision of this 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 of its essential purpose, all limitations of liability and exclusions of damages set forth shall remain in effect.

 VII.             GOVERNMENT RESTRICTIONS

Use, duplication or disclosure of the software and documentation in this package, by the U.S. Government is subject to the restricted rights applicable to commercial software under clauses 52.227-19 of the FAR and 252.227-7013 of the DFARS. 

 VIII.          APPLICABLE LAW; LEGAL PROCEEDINGS

This Agreement shall be deemed to have been executed and delivered within the State of New Jersey and this Agreement and the rights and obligations of Revelation and Company shall be construed, interpreted and governed under the laws of the State of New Jersey, U.S.A. Company absolutely and irrevocably consents and submits to the jurisdiction and venue of the courts of the State of New Jersey and of any federal court located in the State of New Jersey in connection with any actions or proceedings arising out of or relating to this Agreement and agrees that any actions or proceedings arising out of or relating to this Agreement shall be brought in the courts of the State of New Jersey or in the United States District Court for the District of New Jersey, Eastern District. In any such action or proceeding, Company hereby absolutely and irrevocably waives personal service of any summons, complaint, declaration or other process and hereby absolutely and irrevocably agrees that service thereof may be made by certified first class mail directed to Company at the address set forth below.

 IX.   RESTRICTIONS

You may not alter, merge, modify or adapt the software in any way including disassembling or decompiling. You may not rent, loan, or lease the software or any copy.

 X.     TRANSFER OF SOFTWARE

You may transfer all of your rights to use the software to another person within the same company, provided that you transfer to that person all of the software, CD’s, diskettes, and documentation provided in this package (including this statement), and transfer or destroy all copies in any form. Once you transfer the software, you no longer have any right to use it. The person to whom it is transferred may use it only in accordance with the copyright law, international treaty, and this statement. 

If the Company merges with, is acquired by, or otherwise sells or transfers all or substantially all of its business to a third party, the Company may assign this Agreement to the third party and agrees in writing prior to any such transfer, to be bound by all of the terms and conditions of this Agreement. Except as set forth above, this Agreement shall not be assigned or transferred without the written consent of Revelation Software.

 XI.   UPGRADING

An upgrade version of the software constitutes a single product. An upgrade and the original software that you upgraded cannot both be available for use at the same time, cannot be applied to more than one licensed product, and cannot be transferred separately, without written permission from Revelation Software.

 XII.            EXPORTS

Company understands that the product is subject to regulations by agencies of the United States Government as well as laws and regulations of other applicable countries, which prohibit export, or diversion of certain technical products to certain countries and individuals. Company shall comply in all respects with all applicable export and re-export restrictions applicable to the product or related materials.

 XIII.           AUDIT

During the term of this Agreement, Company shall permit Revelation Software or Revelation Software’s authorized representative, upon reasonable notice and during normal business hours, to (a) inspect and audit the Company’s books and records relating to this Agreement and (b) perform data processing audits to ensure compliance with this Agreement.

 XIV.          ENTIRE AGREEMENT

This Agreement is the complete and exclusive statement of the agreement between Company and Revelation Software regarding the subject matter hereof and supersedes all agreements and any other communications, whether oral, written or implied, between Company and Revelation Software. This Agreement may be modified, changed, or revised only by a written agreement between Company and an authorized officer of Revelation Software. 

OpenInsight is a trademark of Revelation Software All other brand and product names are trademarks or registered trademarks of their respective holders.