License alternative NCUEL

ODB-NCUEL (text/plain), 14.51 KB, created by Hugo Mildenberger on 2013-02-19 20:29:08 UTC

          ODB NON-COMMERCIAL USE AND EVALUATION LICENSE (NCUEL)

INTENT

The intent of this license is to allow you to use ODB with commercial
databases, such as Oracle, Microsoft SQL Server, IBM DB/2, etc., free
of charge non-commercially or for evaluation.

Furthermore, if a commercial database has a free edition, often called
express edition, such as Oracle Express, Microsoft SQL Server Express,
IBM DB/2 Express-C, etc., that can be used for commercial purposes free
of charge, then this license allows you to use ODB with such an edition
for commercial purposes also free of charge.

Note also that the development of an application that will be used for
commercial purposes constitutes a commercial use and is not allowed,
except with a free edition of a commercial database. However, this
license allows you to evaluate ODB; that is, to use the Software for
a reasonable period for the purpose of determining its suitability for
a particular application as well as to conduct exploratory development
or proof-of-concept prototyping.

Finally, any application that uses ODB under this license, whether non-
commercially, for evaluation, or commercially with a free edition of a
database, is subject to the terms and conditions similar to that of the
GPL version 2. In particular, this means that if and when you distribute
your application, you are required to also release its source code.

If you have any questions concerning this License, please contact us at:
[e-mail].

LEGAL TERMS AND CONDITIONS

This Code Synthesis Tools CC Non-Commercial Use and Evaluation License
Agreement for ODB Software ("License") is a legal agreement between you,
the Licensee, (either an individual or a single entity) and Code
Synthesis Tools CC ("Code Synthesis") for non-commercially using,
copying, distributing and modifying the Software and any work derived
from the Software, as defined hereinbelow. Any commercial use, except
as expressly provided in Section 2.1, is subject to a different license.

By using, modifying, or distributing the Software or any work derived
from the Software, Licensee indicates acceptance of this License and
agrees to be bound by all its terms and conditions for using, copying,
distributing, or modifying the Software and works derived from the
Software. If Licensee is agreeing to this License on behalf of an entity
other than an individual person, Licensee represents that Licensee is
binding and have the right to bind the entity to the terms and conditions
of this agreement.

These terms and conditions only apply to the ODB components that are
explicitly licensed under this License (normally ODB runtime libraries
for commercial databases). Other ODB components may be licensed under
other licenses and are not affected in any way by the terms and
conditions found in this License. Similarly, ODB components licensed
under this License are not affected by the terms and conditions found
in other licenses. If you are using several ODB components that are
licensed under different licenses, you must comply with the terms and
conditions of each such license.

No rights are granted to the Software except as expressly set forth
herein. Nothing other than this License grants Licensee permission to
use, copy, distribute or modify the Software or any work derived from
the Software. Licensee may not use, copy, distribute or modify the
Software or any work derived from the Software except as expressly
provided under this License. If Licensee does not accept the terms and
conditions of this License, Licensee shall not use, copy, distribute
or modify the Software.

In consideration for Licensee's forbearance of commercial use of the
Software, except as expressly provided in Section 2.1, Code Synthesis
grants Licensee non-exclusive, royalty-free and without fees rights
as expressly provided herein.

1. DEFINITIONS.

A "commercial database" is a database product that has associated
fees and/or royalties payable for production and/or commercial use
of the database product. Commercial databases include, but are not
limited to, Oracle, Microsoft SQL Server, and IBM DB/2.

A "free edition of a commercial database" is a special, limited edition
of a commercial database, often called express edition, that does not
require fees and/or royalties for production and/or commercial use.
Free editions of commercial databases include, but are not limited to,
Oracle Express, Microsoft SQL Server Express, and IBM DB/2 Express-C.

The "Software" is one of the ODB runtime libraries for one of the
commercial databases, including, but not limited to, demo programs,
associated media and printed materials, and any included "on-line"
documentation.

A "work derived from the Software" is any derivative work as defined
in the copyright law of the nation or state where rights to the work
derived from the Software are exercisable; that is to say, a program
which is linked with or otherwise incorporates the ODB runtime library
or a translation, improvement, enhancement, extension or other
modification of the Software which has sufficient originality to
qualify in such a nation or state as a copyrightable work is a work
derived from the Software.

To "use" means to execute (i.e. run) the Software.

To "copy" means to create one or more copies of the Software.

To "distribute" means to broadcast, publish, transfer, post, upload,
download or otherwise disseminate in any medium to any third party.

To "modify" means to create a work derived from the Software.

To "evaluate" means to use the Software for a reasonable period for
the purpose of determining its suitability for a particular application
as well as to conduct exploratory development or proof-of-concept
prototyping.

A "commercial use" is:

(1) the use of the Software or any work derived from the Software in
connection with, for or in aid of the generation of revenue, such as
in the conduct of Licensee's daily business operations; or

(2) any copying, distribution or modification of the Software or any
work derived from the Software to any party where payment or other
consideration is made in connection with such copying, distribution or
modification, whether directly (as in payment for a copy of the
Software) or indirectly (including but not limited to payment for some
good or service related to the Software, or payment for some product
or service that includes a copy of the Software "without charge").
However, the following actions which involve payment do not in and
of themselves constitute a commercial use:

(a) posting the Software on a public access information storage and
retrieval service for which a fee is received for retrieving
information (such as an on-line service), provided that the fee is not
content-dependent. Such fees which are not content dependent include,
but are not limited to, fees which are based solely on the storage
capacity required to store the information, and fees which are based
solely on the time required to transfer the information from/to the
public access information storage and retrieval service; and

(b) distributing the Software on a CD-ROM, provided that the Software
is reproduced entirely and verbatim on such CD-ROM, and provided further
that all information on such CD-ROM may be distributed in a manner which
does not constitute a commercial use.

2. GRANT OF LICENSE.

2.1. LICENSE TO USE.
Licensee may use the Software provided that such use does not constitute
a commercial use.

Licensee may also use the Software commercially with a free edition of a
commercial database, if such an edition is available. If Licensee
distributes works derived from the Software and such works may be used
commercially by third parties, Licensee must cause such commercial use
to be limited to a free edition of a commercial database.

2.2. LICENSE TO EVALUATE.
Licensee may evaluation the Software for commercial use.

2.3. LICENSE TO COPY AND DISTRIBUTE.
Licensee may copy and distribute literal (i.e., verbatim) copies of the
Software as Licensee receives it throughout the world, in any medium,
provided that Licensee distributes an unmodified, easily-readable copy
of this License with the Software, and provided further that such
distribution does not constitute a commercial use.

2.4. LICENSE TO CREATE WORKS DERIVED FROM THE SOFTWARE.
Licensee may create works derived from the Software, provided that any
such work derived from the Software carries prominent notices stating
both the manner in which Licensee has created a work derived from the
Software (for example, notices stating that the work derived from the
Software is linked with or otherwise incorporates the ODB runtime
library, or notices stating that the work derived from the Software
is an enhancement to the Software which Licensee has created) and the
date any such work derived from the Software was created.

2.5. LICENSE TO COPY AND DISTRIBUTE WORKS DERIVED FROM THE SOFTWARE.
Licensee may copy and distribute works derived from the Software
throughout the world, provided that Licensee distributes an
unmodified, easily-readable copy of this License with such works
derived from the Software, and provided further that such distribution
does not constitute a commercial use. Licensee must cause any work
derived from the Software that Licensee distributes to be licensed as
a whole and at no charge to all third parties under the terms of this
License or another free/open source license that does not restrict any
rights of any third party that would have been granted should such work
have been licensed under this License.

Any work derived from the Software must be accompanied by the complete
corresponding machine-readable source code of such work derived from
the Software, delivered on a medium customarily used for software
interchange. The source code for the work derived from the Software
means the preferred form of the work derived from the Software for
making modifications to it. For an executable work derived from the
Software, complete source code means all of the source code for all
modules of the work derived from the Software, all associated
interface definition files and all scripts used to control compilation
and installation of all or any part of the work derived from the
Software. However, the source code delivered need not include anything
that is normally distributed, in either source code or binary (object-
code) form, with major components (including but not limited to
compilers, linkers, and kernels) of the operating system on which the
executable work derived from the Software runs, unless that component
itself accompanies the executable code of the work derived from the
Software.

Furthermore, if the executable code or object code of the work derived
from the Software may be copied from a designated place, and if the
source code of the work derived from the Software may be copied from
the same place, then the work derived from the Software shall be
construed as accompanied by the complete corresponding machine-readable
source code of such work derived from the Software, even though third
parties are not compelled to copy the source code along with the
executable code or object code.

If the work derived from the Software normally reads commands
interactively when run, Licensee must cause the work derived from the
Software, at each time it commences operation, to print or display an
announcement including either a notice consisting of the verbatim
warranty and liability provisions of this License, or a notice that
Licensee, and not Code Synthesis provides a warranty.

Licensee may not impose any further restrictions on the exercise of
the rights granted herein by any recipient of any work derived from
the Software.

3. RESTRICTIONS.

Licensee acknowledges that the Software is protected by copyright laws
and international copyright treaties, as well as other intellectual
property laws and treaties. The Software is licensed, not sold. All
title and copyrights in and to the Software are owned exclusively by
Code Synthesis.

Licensee may not sublicense, assign or transfer this License, the
Software or any work derived from the Software except as permitted by
this License.

Licensee is expressly prohibited from using, copying, distributing,
studying the source code, or otherwise examining the Software for
the purpose of reverse engineering or duplicating its functionality
(unless enforcement of this restrictions is prohibited by applicable
law).

4. LIMITED WARRANTY.

4.1 NO WARRANTIES.
CODE SYNTHESIS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE
SOFTWARE IS PROVIDED TO LICENSEE "AS IS," WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE USE,
QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE. SHOULD THE
SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION.

4.2. NO LIABILITY FOR DAMAGES.
IN NO EVENT WILL CODE SYNTHESIS, OR ANY OTHER PARTY WHO MAY COPY,
DISTRIBUTE OR MODIFY THE SOFTWARE AS PERMITTED HEREIN, BE LIABLE FOR
ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, INACCURATE INFORMATION, LOSS
OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR
INABILITY TO USE THE SOFTWARE, EVEN IF CODE SYNTHESIS OR SUCH OTHER
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. TERMINATION.

Any violation or any attempt to violate any of the terms and conditions
of this License will automatically terminate Licensee's rights under
this License. Licensee further agrees upon such termination to cease
any and all using, copying, distributing and modifying of the Software
and any work derived from the Software, and further to destroy any and
all of Licensee's copies of the Software and any work derived from the
Software.

However, parties who have received copies of the Software or copies of
any work derived from the Software, or rights, from Licensee under this
License will not have their licenses terminated so long as such parties
remain in full compliance with this License.

6. LICENSE SCOPE AND MODIFICATION.

This License sets forth the entire agreement between Licensee and Code
Synthesis and supersedes all prior agreements and understandings between
the parties relating to the subject matter hereof. None of the terms of
this License may be waived or modified except as expressly agreed in
writing by both Licensee and Code Synthesis.

7. SEVERABILITY.

Should any provision of this License be declared void or unenforceable,
the validity of the remaining provisions shall not be affected thereby.