OpenInsight Runtime Software License Agreement (versions 8.0.8 and Below)
Table of Contents
I. Grant of License
III. Term of Agreement
IV. Limited Warranty
V. Limitation of Liability
VII. Government Restrictions
VIII. Applicable Law; Legal Proceedings
X. Transfer of Software
XIV. 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 Runtime 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 distribute an unlimited number of single user copies of the OpenInsight Runtime License. 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. Grant of OpenInsight Runtime License – The 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. Appendix 1 (“Restrictions and Capabilities of the OpenInsight Runtime License”) outlines the rights and restrictions for deployment of runtime applications and is an integral part of this license agreement.
Ib. Copying Restrictions – Licensee’s right to make additional copies of the Software does not extend to any manuals, guidelines, reference material or other documentation. Licensee may NOT copy runtimes which have been converted into multi-user runtimes with the use of a Server Deployment Pack.
Ic. OpenInsight Runtime License Restrictions – The runtime license CANNOT at any time be placed on a local area network, nor can each License be used by more than one individual at a time. In order for the license to be used by more than one individual, one or more of the following products must be separately licensed.
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 3, 5, or Unlimited), and enables communication to the network. An 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 - Unlimited SDP – The Runtime Server License enables an unlimited number of users to access an OpenInsight Runtime license residing on a single server. An Unlimited SDP cannot be duplicated nor applied more than once. If an Unlimited 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 Unlimited SDPs must be licensed.
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 Internet users with access to application extensions exclusively within the context of a web browser. 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, RSDPs, Advanced Revelation Lanpacks). The WDP can be installed on only one web server. If additional web servers are required, a separate WDP license must be licensed.
Licensee must provide (1) the names, addresses, and phone numbers of all customers who have received the Runtime license twice a year as of June 30th and December 31st for as long as this contract is in effect within 30 days after each such date. (2) a semi-annual report on the total number of users of the Applications(s). Unless otherwise authorized, Revelation Software will not use the information provided as part of the reporting process for any purposes other than license verification.
III. 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.
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 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.
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.
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 Commonwealth of Massachusetts and this Agreement and the rights and obligations of Revelation and Company shall be construed, interpreted and governed under the laws of the Commonwealth of Massachusetts, U.S.A. Company absolutely and irrevocably consents and submits to the jurisdiction and venue of the courts of the Commonwealth of Massachusetts 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 Commonwealth of Massachusetts or in the United States District Court for the District of the Commonwealth of Massachusetts, 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.
The Software and all associated user manuals and other documentation are the Copyright of Revelation. Licensee shall not at any time translate, decode, decompile, or disassemble any portion of the Software, or make any derivative works of it, nor permit anyone else to do so.
X. TRANSFER OF SOFTWARE
Except as agreed by Revelation in writing, this License is restricted to the Licensee and may not be transferred or assigned without prior written consent of Revelation. Such consent, if granted, may be conditioned on a transfer fee and/or adequate assurances of continuing compliance with License obligations. Revelation shall not withhold consent or charge a transfer fee for consent in circumstances involving only a legal name change or corporation reorganization without asset transfer. Generally, a bulk transfer of all assets of Licensee, including this license and software, will be approved without a transfer fee, but conditioned on adequate assurances.
This license provides no provision for future upgrade versions of the software. The right to upgrade your runtime systems is provided for as part of your OpenInsight WORKS subscription. Please refer to your OpenInsight WORKS subscription license for details.
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.
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.
Recipient acknowledges and agrees that Recipient has read this Agreement, in its entirety, understands it and agrees to be bound by it.