License Agreement
for
All Editions of DataObjects.NET™

 

Summary

This summary is provided for your quick reference only and is not part of the license agreement. Please read the entire agreement.

 

§         Redistribution of DataObjects.NET or applications that use it or its components is prohibited if you have not acquired a license.

§         The Redistributable part may be distributed royalty-free, provided that you have acquired the necessary developer licenses.

§         You must purchase a license for each developer involved in the development or maintenance of your client application, regardless of whether all of them are working on code that involves the components.

§         You may use\evaluate the Express Edition of DataObjects.NET™ without obtaining a license, as well as redistribute it. You may consider that cost of Express Edition license for any number of developers is U.S. $0. Features of Express Edition of DataObjects.NET™ are subject to change without any notice.

 

License Agreement

This license agreement ("AGREEMENT") is a legal agreement between you (either an individual or a single entity) and Xtensive, LLC ("Xtensive") for the software product ("SOFTWARE PRODUCT"), which includes the computer software and any associated media, printed materials, and "online" or electronic documentation ("PRODUCT COMPONENTS") distributed together under the product name shown above. The SOFTWARE PRODUCT also includes any updates and supplements to the original SOFTWARE PRODUCT provided to you by Xtensive. Any software provided along with the SOFTWARE PRODUCT that is associated with a separate end-user license agreement is licensed to you under the terms of that license agreement. By purchasing, installing, copying, downloading, executing, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this AGREEMENT. If you do not agree to the terms of this AGREEMENT, do not install or use the SOFTWARE PRODUCT.

 

DataObjects.NET is result of a joint venture between Xtensive, LLC and INLINE, GmbH ("INLINE"). Both companies have rights on the product. This AGREEMENT leaves some rights to INLINE also (see section 2.8. Termination).

Software Product License

The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

 

The SOFTWARE PRODUCT consists of one or more "Redistributable Components" that provide the basic services or functionality of the SOFTWARE PRODUCT. The Redistributable Components are intended to be included into a computer software application developed by you (any computer software application that USES (by calling its methods or properties or manipulating it in any way) the SOFTWARE PRODUCT is said to be a CLIENT APPLICATION.

 

The SOFTWARE PRODUCT may also include "Non-Redistributable Components" (such as component documentation and examples) that are provided to supplement the Redistributable Components but which are not USED by the CLIENT APPLICATION.

 

The reference documentation accompanying the SOFTWARE PRODUCT indicates which components are Redistributable.

1.    Grant of License

This AGREEMENT grants you the following rights provided that you comply with all terms and conditions of this AGREEMENT:

 

1.1. "Licensed" Software. If you have purchased or otherwise legally obtained a license for the SOFTWARE PRODUCT (i.e., obtained from Xtensive, its authorized agents or partners a printed or electronic license certificate containing a valid product key, and authorizing you to use or distribute the SOFTWARE PRODUCT) the SOFTWARE PRODUCT is considered "Licensed Software" (and you are considered a "LICENSEE") and you are granted the following rights:

 

§         Development Use. General License Grant to Install and Use SOFTWARE PRODUCT. You may install and use one copy of the SOFTWARE PRODUCT on a single computer. You can share a copy of the Software Product installed on a common build/test machine provided that each developer using it has a license. For each license you have obtained, a single developer may develop or maintain a CLIENT APPLICATION.

§         Redistribution. You may distribute the Redistributable Components as part of your CLIENT APPLICATION without payment of a royalty, provided that a license has been obtained for each developer involved in the development or maintenance of the CLIENT APPLICATION, regardless of whether that developer is working directly with the SOFTWARE PRODUCT.

§         Storage/Network use. You may also store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server, used only to install or run the SOFTWARE PRODUCT on your other computers over an internal network; however, you must acquire and dedicate a distinct license for each developer using the SOFTWARE PRODUCT from the storage device. Any given license for the SOFTWARE PRODUCT may not be shared or used concurrently or otherwise on different computers or by different developers in a given organization.

§         License Pack. If you have acquired this AGREEMENT in a License Pack, you may make the number of additional copies of the computer software portion of the SOFTWARE PRODUCT identified above on this EULA, and you may use each copy in the manner specified above.

§         Express Edition. If SOFTWARE PRODUCT is labeled as "Express Edition", or was provided to you by Xtensive, its agents or partners as "Express Edition" version of SOFTWARE PRODUCT, it's considered that you already have necessary amount of licenses for any number of developers, but on this, and only this version. Any number of licenses on "Express Edition" version of SOFTWARE PRODUCT is absolutely free of charge, so you may use this version as it's specified by this AGREEMENT without obtaining licenses for each developer. Features of "Express Edition" version of SOFTWARE PRODUCT are subject to change without any notice.

 

1.2. Reservation of Rights. All rights not expressly granted are reserved by Xtensive.

2.    Description of Other Rights and Limitations

2.1. Version Limitation. Your license certificate contains a specific version number. This AGREEMENT permits you to USE in your CLIENT APPLICATION the same or a lower version of the SOFTWARE PRODUCT as the version number specified on the license certificate. If you have obtained this SOFTWARE PRODUCT as an upgrade to a previous version for which you have a license you are permitted to USE the SOFTWARE PRODUCT in your CLIENT APPLICATION even though it may have a later version number than is specified on your license certificate, provided you meet all eligibility requirements for the upgrade as described in section 3.

 

2.2. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, disassemble, or modify the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

 

2.3. Rental. You may not rent, lease, or lend the SOFTWARE PRODUCT.

 

2.4. Support Services. Xtensive may provide you with support services related to the SOFTWARE PRODUCT ("SUPPORT SERVICES"). Use of SUPPORT SERVICES is governed by the Xtensive policies and programs described in the user manual, in "online" documentation, and/or in other materials provided by Xtensive. Any supplemental software code provided to you as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE PRODUCT and subject to the terms and conditions of this AGREEMENT. With respect to technical information you provide to Xtensive as part of the SUPPORT SERVICES, Xtensive may use such information for its business purposes, including for product support and development. Xtensive will not utilize such technical information in a form that personally identifies you.

 

2.5. End-User Support. Any SUPPORT SERVICES offered by Xtensive are offered to the LICENSEE only. In no case will Xtensive provide SUPPORT SERVICES to the end-user of the CLIENT APPLICATION.

 

2.6. Sample Code. In addition to the rights granted above, Xtensive grants you a non-exclusive, royalty-free right to modify the source code version of those portions of the SOFTWARE PRODUCT that are identified as "Samples" or "Sample Code" or "Sample applications" ("Sample Code"), for the sole purposes of designing, developing, and testing your software product(s), provided that you agree to: (i) not use X-tenisve.com's name, logo, or trademarks to market their software product(s); (ii) include a valid copyright notice on all copies of the Sample Code and any derivative works thereof; (iii) indemnify and hold harmless Xtensive from and against any claims or lawsuits, including attorneys' fees, that arise from or result from the use, copying, modification or distribution of the Sample Code and/or derivative works thereof; (iv) not permit further distribution of the Sample Code and/or derivative works.

 

2.7. Software Transfer. The initial LICENSEE of the SOFTWARE PRODUCT may make a one-time permanent transfer of this AGREEMENT and SOFTWARE PRODUCT only directly to an end user, provided that the LICENSEE has not distributed the SOFTWARE PRODUCT as part of a CLIENT APPLICATION. This transfer must include all of the SOFTWARE PRODUCT (including all component parts, the media and printed materials, any upgrades, this AGREEMENT, and, if applicable, the printed and/or electronic license certificate). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this AGREEMENT, including the obligation not to further transfer this AGREEMENT and SOFTWARE PRODUCT. If the LICENSEE has distributed the SOFTWARE PRODUCT as part of a CLIENT APPLICATION, the AGREEMENT and SOFTWARE PRODUCT cannot be transferred except as part of a transfer of the rights to the CLIENT APPLICATION.

 

2.8. Termination. Without prejudice to any other rights, Xtensive may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

 

In case of non compliance with the terms and conditions, INLINE may defend the rights out of this agreement. In this case INLINE takes the legal position of Xtensive.

 

2.9. Limitation on Competition. The SOFTWARE PRODUCT may not be used in or distributed with any CLIENT APPLICATION that competes with or provides substantially the same functionality as the SOFTWARE PRODUCT, or with any CLIENT APPLICATION whose primary purpose is substantially the same as the primary purpose of the SOFTWARE PRODUCT.

 

2.10. Product Keys. The SOFTWARE PRODUCT requires a product key to be functional; this product key is provided to you when you obtain a license for the SOFTWARE PRODUCT. This product key may be embedded in your CLIENT APPLICATION provided that it is not made visible or otherwise accessible to end users or to non-licensed application developers (e.g., through your application's application programming interface).

 

2.11. License Notice. The following text must be embedded as comment into the source code for the CLIENT APPLICATION at each point where the product key for the SOFTWARE PRODUCT is set:

 

"This application uses a licensed copy of the DataObjects.NET, which is copyrighted and owned by Xtensive. The components may be used only according to the terms of the DataObjects.NET license agreement (see http://www.x-tensive.com/Products/DataObjects.NET/ for details)."

 

2.12. Non-Redistributable Components. Only the software and other components designated as "Redistributable" in the reference documentation for the SOFTWARE PRODUCT may be redistributed with your CLIENT APPLICATION. Non-Redistributable components (such as sample code and developer documentation) may not be redistributed.

3.    Upgrades

If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed to use a product identified by Xtensive as being eligible for the upgrade in order to use the SOFTWARE PRODUCT. A SOFTWARE PRODUCT labeled as an upgrade replaces and/or supplements (and may disable) the product that formed the basis for your eligibility for the upgrade. You may use the resulting upgraded product only in accordance with the terms of this AGREEMENT. If the SOFTWARE PRODUCT is an upgrade of a component of a package of software programs that you licensed as a single product, the SOFTWARE PRODUCT may be used and transferred only as part of that single product package and may not be separated for use on more than one computer.

4.    Source Code

Provided you have purchased a license to the source code, you may make modifications, enhancements, derivative works and/or extensions to that licensed source code provided to you under the terms set forth in this section 4.

 

4.1. While Xtensive does not claim any ownership rights in applications, frameworks or components developed using the SOFTWARE PRODUCT, in the event you develop any modifications, enhancements, derivative works and/or extensions to the licensed source code, either independently or jointly with Xtensive, such modifications, enhancements, derivative works and/or extensions and all rights associated therewith will be the exclusive property of Xtensive. You will not grant, either expressly or impliedly, any rights, title, interest, or licenses to any such modifications, enhancements, derivative works and/or extensions to any third party. You will, however, be entitled to use such modifications, enhancements, derivative works and/or extensions under the terms set forth in this agreement. You hereby assign all right, title and interest in and to such modifications, enhancements, derivative works and/or extensions to the licensed source code to Xtensive. You also agree to execute, acknowledge and deliver to Xtensive all documents and do all things Xtensive deems necessary or desirable, at no cost to but at Xtensive's expense, to enable Xtensive to obtain and secure such modifications, enhancements, derivative works and/or extensions anywhere in the World. You agree to secure all necessary rights and obligations from relevant employees, or third parties in order to satisfy the above obligations.

 

4.2. You may not distribute the Xtensive source code, or any modification, enhancement, derivative work and/or extension thereto, in source code form.

 

4.3. The source code contained herein and in related files is provided to the registered developer for the sole purposes of education and troubleshooting. Under no circumstances may any portion of the source code be distributed, disclosed or otherwise made available to any third party without the express, prior written consent of Xtensive.

 

4.4. 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 Xtensive product. You will not take any action, or assist or otherwise aid anyone else in taking any action, that would limit Xtensive' independent development, sale, assignment, licensing or use of its own software or any modification, enhancement, derivative work and/or extension thereto.

 

4.5. You will not modify or delete, in whole or part, any copyright, trade secret, proprietary, confidential or other notice thereon or therein without the express, prior written consent of Xtensive.

 

4.6. YOU UNDERSTAND AND ACKNOWLEDGE THAT SOURCE CODE IS LICENSED AS IS, AND THAT Xtensive DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.

5.    Copyright

All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by Xtensive, its partners or suppliers. If this SOFTWARE PRODUCT contains documentation that is provided only in electronic form, you may print as many copies as you wish of such electronic documentation, provided that it is for your use only. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.

6.    Copies

You may make as many copies as you wish of the installation media (if provided) or downloaded installation package, for the purpose of installing the SOFTWARE PRODUCT on computers for which you have obtained a license. After installation of the SOFTWARE PRODUCT pursuant to this AGREEMENT, you may keep the original media on which the SOFTWARE PRODUCT was provided by Xtensive for backup or archival purposes. Except as expressly provided in this AGREEMENT, you may not otherwise make copies of the SOFTWARE PRODUCT or the printed materials accompanying the SOFTWARE PRODUCT.

7.    Redistribution of Software Installation package

Copies of the SOFTWARE PRODUCT (including evaluation copies) may not be given, sold, or otherwise transferred to others except as described in this agreement. Software download web sites and other similar distribution services are permitted to redistribute the complete software installation package provided that an evaluation copy or listing request was submitted to the service by an authorized agent of Xtensive, and that installation package is distributed without modification.

8.    Academic License-Eligibility Requirements

Xtensive offers qualified Educational Institutions or Organizations and eligible Academic End Users the ability to buy educational licenses of Xtensive products for educational instruction purposes. Educational versions of Xtensive products can not be used for any commercial purpose. Programs and prices are subject to change without notice. Please contact us for eligibility requirements or if you have any other questions about the Xtensive Education Program, e-mail us at: info@x-tensive.com

9.    Confidentiality

You acknowledge that the SOFTWARE and any source code provided to you pursuant to this LICENSE, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of Xtensive. You agree to maintain in confidence the Xtensive Source Code (in source code form), and any modification, enhancement, derivative work and/or extension thereto, by using at least the same physical and other security measures as you use for your own confidential technical information and documentation, but in no event less that a commercially reasonable standard of care. You further agree not to disclose the Xtensive Source Code (in source code form), or any aspect thereof, or any modification, enhancement, derivative work and/or extension thereto, or any aspect thereof, to anyone other than employees or contractors who have a need to know or obtain access to such information in order to support your authorized use of the SOFTWARE and who are bound to protect such information against any other use or disclosure. You agree to assume full responsibility for such employees' or contractors' use, or misuse, of such disclosed source code as if it was your use. These obligations shall not apply to any information generally available to the public, independently developed or obtained without reliance on Xtensive' information, or approved in writing for release by Xtensive without restriction.

10.    Use in Hazardous Environments

THIS SOFTWARE PRODUCT IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF THE SOFTWARE PRODUCT COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

11.    Disclaimer of Warranty

THIS SOFTWARE PRODUCT IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XTENSIVE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

 

BECAUSE OF THE VARIOUS HARDWARE AND SOFTWARE ENVIRONMENTS INTO WHICH AND USES TO WHICH THE SOFTWARE PRODUCT MAY BE PUT, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY SOFTWARE PROGRAM BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE PRODUCT.

12.    Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Xtensive or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the SOFTWARE PRODUCT or the provision of or failure to provide Support Services, even if Xtensive has been advised of the possibility of such damages. In any case, Xtensive's entire liability under any provision of this AGREEMENT shall be limited to the greater of the amount actually paid by you for the SOFTWARE PRODUCT or U.S. $10.00. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.­