End user agreement for Solid File System OS edition
Solid File System Evaluation License Agreement
EldoS Corporation is willing to license Solid File System to you only upon the condition that you accept all the terms of this license.
This license defines and uses the following terms:
1.1. The Software - Solid File System source code, binary (machine-executable) code in electronic, printed or other form that can be distributed and/or used, accompanying documentation, graphical materials including diagrams, block-schemes, logos, graphic art, sample code in electronic or printed form, batch scripts and configuration files, used to use and/or distribute Solid File System in parts or in whole.
1.2. Licensee - a company or individual who is given the right to use The Software for Software Evaluation according to this license.
1.3. Licenser - EldoS Corporation in whole represented by EldoS Corporation principal officer.
1.4. Third-parties - companies and individuals that are separate legal entities and not part of the Licensee.
1.5. Middleware - software products or services which are developed by the Licensee for use by third-parties for creation of third-party's software products and which are included as a part of third-party's software products or services. This includes, but is not limited to, Java classes, ActiveX objects, .NET assemblies, Delphi components, Dynamic-Link Libraries, Shared Objects, etc..
1.6. In-house Web Services - software products or services which are developed and/or deployed by the Licensee, run on internal company (Intranet) servers and which are not exposed to third-parties.
1.7. Public Web Services - software products or services which are developed and/or deployed by the Licensee, run on publicly-accessible Internet servers and whose public functions include exposure of functionality of The Software to third-parties.
1.8. End-User Applications - software products or services that are not classified as Middleware or Web Services. End-User Applications include middleware, which is developed solely for in-house use in Licensee's End-User Applications.
1.9. Hardware - any computer-based devices, embeddable modules and appliances, which include material modules for information processing and/or storage.
1.10. Software Evaluation - testing of The Software, which is performed by the Licensee in order to determine fitness for use and compliance to the Licensee's requirements.
1.11. Source Code - the human-readable form of the computer programming code and related system documentation including all comments and any procedural code such as job control language.
1.12. Computer System - a hardware system that includes a single motherboard with one or more CPUs or a software system for hardware emulation or virtualization, which emulates or virtualizes a hardware system with one motherboard and one or more CPUs.
1.13. Installed Copy - a group of computer files in electronic form used by one and only one software developer for development and testing of The Software on any number of Computer Systems.
1.14. New Release - new subsequent releases of The Software bearing a new first numeral such as, but not limited to, 2.0 or 3.0.
1.15. Updates - all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software which are not New Releases.
1.16. License Key - block of information provided by the Licenser to the Licensee for evaluation ("evaluation license key" and "time-limited evaluation license key") or for production ("universal production license key", "time-limited license key", "EXE-bound license key") and identified by the Licenser as a License Key. The License Key contains data used by The Software and must be treated as a part of The Software binary code.
2. Scope of use.
2.1. This license is applied to use of The Software by any Licensee that has obtained an evaluation license key either by requesting the time-limited evaluation license key from the Licenser or by downloading the evaluation package of the Software from the web site of the Licenser or from the other web site authorized by the Licenser for distribution of evaluation versions of The Software.
2.2. This license defines terms and conditions for use of The Software for evaluation.
2.3. This license does not grant to the Licensee the right to use The Software in development of End-User Applications, Middleware or Web Services other than for the purpose of testing suitability and speed of operations of The Software.
2.4. The Software can include portions of source code and/or binary (machine-executable) code developed by third-party entities and distributed under different licenses. If such third-party code is included with the Software, the Software also includes the corresponding license texts that regulate the use of the included third-party code.
3.1. This license grants the Licensee non-exclusive, non-transferable, royalty-free right to install and use The Software for Software Evaluation purposes only according to the terms of this license.
3.2. The Software is owned by the Licenser and is protected by copyright law, international copyright treaties, as well as other proprietary notices.
3.3. The Licensee may install and use one (1) Installed Copy of The Software.
3.4. The Licensee has the right to create a reasonable number of copies of The Software for backup and security purposes given that those copies are not used for development, production or deployment.
3.5. Distribution of the binary code of The Software and, when applicable, of Evaluation License Key is allowed only when the binary code of The Software and Evaluation License Key are included into the software applications, created for testing and demonstration of functionality and capabilities of The Software. Such Distribution is allowed only to the Computer Systems that belong to or are rented by the Licensee and only for the purpose of demonstrating functionality and capabilities of The Software to the personnel of the Licensee. Binary code and Evaluation License Key of The Software must be included as an integral part of the Licensee's software package and must not be used separately from this package.
3.6. Distribution of The Software or its parts (including those marked as redistributables) to Third-parties or for use by Third-parties is prohibited.
3.7. The Licensee may make modifications and enhancements only to the sample applications, which are included into the evaluation package of The Software and identified as Samples. Modification of other parts of The Software is prohibited.
3.8. This license grants the Licensee the right to get basic technical support according to Support Policy (published by the Licenser). Technical support is provided for the original Software only. Technical support is not provided for any modifications or enhancements to the Software.
3.9. The Licensee may not reverse engineer, disassemble or in any other way analyze information contained in the Evaluation License Key or generate and use License Keys other than the ones obtained from The Licenser.
4. Termination and transfer.
4.1. Rent, lease, sublicense or any other temporary or permanent transfer of rights given by this license is prohibited.
4.2. The license becomes effective the day the Licensee agrees to its terms and conditions.
4.3. The license terminates automatically if the Licensee fails to comply with the limitations described above.
4.4. The license can be terminated by the Licensee at any time.
4.5. Upon termination of the license the Licensee must destroy all copies of The Software received under terms of this license and all its components on all systems and all types of media and in computer memory.
4.6. The term of this Agreement shall commence upon the Effective Date and shall continue in perpetuity thereafter unless sooner terminated in accordance with the provisions hereof.
5. Warranty and Disclaimer.
5.1. The Software is provided by the Licenser 'As Is'.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSER DISCLAIMS 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, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LICENSER DOES NOT WARRANT THAT THE SOFTWARE WILL BE ERROR FREE OR WILL OPERATE WITHOUT INTERRUPTION. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS REMAINS WITH THE LICENSEE. THIS LIMITED WARRANTY GIVES THE LICENSEE SPECIFIC LEGAL RIGHTS. THE LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.
5.3. IN NO EVENT SHALL THE LICENSER BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
6. Export restrictions.
6.1. The Software must be imported, used, exported and re-exported according to export control regulations of the European Union and the Licensee's country of residence.
7. Governing law.
7.1. This license will be governed by the laws of United Kingdom. Should you have any questions regarding this license, you may contact the Licenser by writing to EldoS Corporation, 2nd Floor, 145-157 St John Street, London, EC1V 4PY, United Kingdom
8. Compliance with the license.
8.1. If the Licensee is a business or organization, the Licensee must provide, upon request from the Licenser, information concerning compliance of use of The Software to the license.
8.2. All rights to use The Software are granted on condition that such rights are forfeited if the Licensee fails to comply with the terms of this license.
9. General Provisions.
9.1. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the license, which shall remain valid and enforceable according to its terms.
9.2. New Releases of The Software may be licensed to the Licensee by the Licenser under additional or different terms.
9.3. By signing this agreement the Licenser certifies, that it is a legitimate owner of The Software and possesses all rights to use, modify, improve, copy, distribute, sublicense and market The Software and any new version identified above in object and source code form on and for any media and by any means or methods now known or known in the future.
9.4. This is the entire agreement between the Licenser and the Licensee relating to The Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to The Software.