Table of Contents
I. Grant of License
II. Term of Agreement
III. Limited Warranty
IV. Limitation of Liability
VI. Government Restrictions
VII. Applicable Law; Legal Proceedings
IX. Transfer of Software
XIII. Entire Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU 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 DOWNLOAD SESSION. 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.
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.
Ia. OpenInsight Development License
Every individual who assists in the creation, maintenance, testing and support of OpenInsight applications must have a development software license. Proper licensing can be determined by ensuring each individual has a copy of OpenInsight with a unique serial number. Included in the OpenInsight Development Kit is the Collaborative Development Pack. This disk is applied to an OpenInsight license that resides on the network server and increments the number of concurrent developers that can access that copy of OpenInsight. For example, if five developers require access to OpenInsight on a network, each of the five developers would apply his or her Collaborative Development Pack to a single copy of OpenInsight on the network. The Collaborative Development Pack can not be used as an additional copy of OpenInsight, it can only be used by the developer who licensed the original OpenInsight Development License.
Every OpenInsight Network Development Ready user must be properly licensed. Revelation provides these licenses via TeamWorks. TeamWorks increases the number of concurrent development users (in increments of 1, 3, or 5). TeamWorks cannot be duplicated nor applied more than once. TeamWorks licenses cannot be distributed to more than one server. If you need to deploy the application on multiple servers, additional TeamWorks must be licensed.
Every individual who accesses the “For WORKS Subscribers” section for up-grades, 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).
Ib. OpenInsight Deployment License
Runtime license provides one end user use of an OpenInsight application; however, it does not allow the user to change or modify the application. Applications are delivered using a Runtime license when the application is fixed, and cannot be modified. The Runtime license specifically prohibits the ability to create files, create or modify dictionaries, create or delete indexes, as well as any application component (such as reports, forms, programs, etc.). The OpenInsight Runtime license specifically differs from the Advanced Revelation runtime license by prohibiting the modification of database components. See attached Exhibit A - Programs prohibited for use with a Runtime License.
*Please note: The Runtime license is available at no additional charge. To obtain software please complete the Runtime license agreement.
Runtime Network License (SDP)
Every OpenInsight Network Runtime user must be properly licensed. Revelation provides these licenses via Server Deployment Packs (SDP). The SDP performs two functions: it increases the number of concurrent users (in increments of 1,3, 5, Enterprise for Workgroups A - 250 users, Enterprise for Workgroups B* - 500 users or Enterprise for Workgroups C *- 1000 Users), and enables communication to the network. A SDP cannot be duplicated nor can it be applied more than once. If an SDP has been applied to a license, that license cannot be distributed to more than one server. If you need to deploy the application on multiple servers, additional SDPs must be licensed.
Runtime Server License - Enterprise SDP
The Runtime Server License enables a large number of users to access an OpenInsight Runtime license residing on a single server. The Enterprise SDP cannot be duplicated nor applied more than once. The Enterprise Runtime Server License is available in three increments: Enterprise A is for 250 users, Enterprise B* for 500 users and Enterprise C* for 1000 users. If an Enterprise SDP has been applied to a license, that license cannot be distributed to more than one server. If you need to deploy the application on multiple servers, additional Enterprise SDPs must be licensed.
Revelation Network Products
The Revelation NLM, NT Service or Windows 2000 Service are licensed per server. The implementation and use of these products work in conjunction with properly licensed net-work user licenses (OpenInsight SDPs, RSDPs, or Advanced Revelation Lan-packs). 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.
Revelation ODBC Driver
The Revelation ODBC driver is a module that allows other applications to access Revelation's multi-valued, Linear Hash data. It allows either one or five concurrent users a read-only connection. The ODBC Driver cannot be duplicated, applied more than once, or applied to a different OpenInsight license than the one for which it was originally purchased.
Web Application Server License (WDP)
The Web Deployment Pack (WDP) is a module which enables the publication of Revelation data to the World Wide Web. The WDP provides users with access to application extensions within the context of a web browser or HTTP enabled tool. It has no effect on the licensing of networked concurrent users. All users who require standard network access to the application must be properly licensed using the appropriate Network User license (OpenInsight SDPs, and RSDPs). The WDP can be installed on only one web server. If additional web servers are required, separate WDP licenses must be purchased for each web server. The WDP is not required for those sites using Revelation's OECGI technology with a non-persistant connection.
II. TERM OF AGREEMENT
The term of this Agreement shall commence on the date Company receives the product. 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.
III. 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 meet 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.
IV. 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.
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.
VI. 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.
VII. 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.
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.
IX. 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.
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.
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.
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.
XIII. 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.
EXHIBIT A: Programs Prohibited for use with a Runtime License
OpenInsight Runtime License Agreement page 5 of 5
|CREATE_FILE||Create a new file|
|CREATE_TABLE||Create a new file|
|CREATE_INDEX||Create a new index (btree, xref, relational)|
|CREATE_SYMBOLIC||Create a new symbolic/calculated field|
|CREATE_VOLUME||Create a directory (folder) to store LH files|
|DEFINE_STRUCT||Allows you to access external DLLs|
|DEFINE_DATABASE||Save a database image (.DBT)|
|DS_CHILD||Create a new dataset|
|CREATESWAP_NEWDB||Swap/change the current database|
|DELETEFILE.SUB||Delete a file|
|DELETE_INDEX||Delete an index (btree, xref, relational) file|
|DICT.MFS||Disables the ability to issue the following:|
|CLEARFILE - Delete all the fields|
|WRITE - Create or change fields.|
|DELETE - Delete a field.|
|HELP_CHILD||Create User Help|
|RECOMPILE_PROC||Recompile a stored procedure|
|RENAME_TABLE||Rename a table|
|RTP5||Compile programs and dictionaries|
|RWD_CREATEPREVIEW||Create a preview for an OI HTML Form|
|SET_APP_INFO||Set username, password, application info and encrypts; create new application|
|SET_MFS||Place an MFS on a file (Quickdex, SI, custom)|
|SQLEXP_CREATE||Create Data Warehouse|
|SQLEXP_MANAGER||Allow access into Data Warehouse Manager|
|SQLEXP_SELECT||Select rows to put into Data Warehouse|
|SQLEXP_WIZARD||Data Warehousing creation Wizard|
|REPOS.DATASOURCE.CONNECTION.DESTROY||Delete a connection object|
|REPOS.DBCOMPONENT..DESTROY||Delete any database component|
|REPOS.DBCOMPONENT.DATASET.DESTROY||Delete a dataset|
|REPOS.DBCOMPONENTEXE.DATASET.DESTROY||Delete a dataset component|
|REPOS.OIWIN..COMPILE||Compile an OpenInsight Form|
|REPOS.OIWIN..DESTROY||Delete an OpenInsight Form|
|REPOS.OIWIN..NEW||Create an OpenInsight Form|
|REPOS.OIWIN..TDESTROY||Tree delete a Form|
|REPOS.OIWIN..WRITE||Modify an OpenInsight Form|
|REPOS.OIWINEXE..DESTROY||Delete a Form Executable|
|REPOS.OIWINEXE..NEW||Create a Form Executable|
|REPOS.OIWINEXE..TDESTROY||Tree delete a Form Executable|
|REPOS.OIWINEXE..WRITE||Modify an OpenInsight Form Executable|
|REPOS.POPUP..DESTROY||Delete a Popup|
|REPOS.POPUP..NEW||Create a Popup|
|REPOS.POPUP..WRITE||Modify a Popup|
|REPOS.STPROC..COMPILE||Compile a stored procedure|
|REPOS.STPROC..DESTROY||Delete a stored procedure|
|REPOS.STPROC..NEW||Create a new stored procedure|
|REPOS.STPROC..UPDATE||Modify a stored procedure|
|REPOS.STPROC..WRITE||Modify a stored procedure|
|REPOS.STPROCEXE..DESTROY||Delete object code|
|REPOS.STPROCEXE..NEW||Create object code|
|REPOS.STPROCEXE..TDESTROY||Tree delete object code|
|REPOS.STPROCEXE..UPDATE||Modify object code|
|REPOS.STPROCEXE..WRITE||Modify object code|
* Sites using Developer Class Licenses are subjected to an annual license renewal fee. Contact Revelation for Details.