RawDisk Middleware License Agreement version 5.4
As the license agreement is written in legal language which is sometimes hard to understand, here's a brief explanation of its terms in plain text.
- The rights given by the License Agreement can not be obtained free of charge. If you want to use RawDisk, you have to pay for the license.
- According to this license you have the right to use RawDisk in your end-user applications and middleware. Only the software which is not distributed in complete source code are allowed to use RawDisk. The goal of this statement is to prevent distribution of RawDisk source code.
- You have the right to distribute RawDisk in compiled form (or in a form of ActiveX object, DLL library, .NET Assembly etc. which were received from EldoS) with your end-user applications and middleware. Distribution of RawDisk source code is strictly prohibited.
- If you create a publicly available Web Service application or Web Site, whose primary purpose is to expose main RawDisk functionality to third-party users on a paid basis, please read about Web Server License.
- RawDisk is licensed on per-developer basis and one copy of RawDisk can be installed on any number of computers as long as it is used by one developer. Every developer, whose work requires RawDisk to be installed, requires a separate license. Company License can be installed on any number of computers, which belong to the same company/organization, within one country.
- The license key is an integral part of RawDisk and must be treated in the same way as a binary code of RawDisk (i.e. the production license key can be distributed only in your software product).
- RawDisk authors are not responsible for any damage caused by use or impossibility to use RawDisk in your applications. However we engage ourselves to fix the reported bugs if possible.
RawDisk Middleware License Agreement
EldoS Corporation is willing to license RawDisk 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 - RawDisk 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 RawDisk in parts or in whole.
1.2. Licensee - a company or individual who is given the right to use and/or distribute The Software according to this license.
1.3. Licensor - 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. Public Paid 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 on a paid basis.
1.7. End-User Applications - software products or services that are not classified as Middleware or Public Paid Web Services. End-User Applications include middleware, which is developed solely for in-house use in Licensee's End-User Applications and internally used Web Services.
1.8. Hardware - any computer-based devices, embeddable modules and appliances, which include material modules for information processing and/or storage.
1.9. 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.
1.10. 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.
1.11. 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.
1.12. 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.
1.13. New Release - new subsequent releases of The Software bearing a new first numeral such as, but not limited to, 2.0 or 3.0.
1.14. Updates - all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software which are not New Releases.
1.15. License Key - block of information provided by the Licensor 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 Licensor 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 purchased a license, i.e. paid an appropriate license fee as defined by EldoS Corporation and agreed to the terms of this license.
2.2. Use of The Software without purchasing a license constitutes Software Evaluation and is governed by Evaluation License.
2.3. This license defines terms and conditions for use of The Software in the Licensee's End-User Applications and Middleware.
2.4. This license does not grant to the Licensee the right to use The Software in development of Public Paid Web Services.
2.5. 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 right to install and use The Software in software development, production and deployment according to the terms of this license.
3.2. The Software is owned by the Licensor and is protected by copyright law, international copyright treaties, as well as other proprietary notices.
3.3. The Company License, obtained by the Licensee, allows any number of Installed Copies of The Software, given that all Installed Copies are used solely by the Licensee and within the territory of one country. Worldwide License licensing option, when purchased, allows installation and use of Installed Copies of The Software worldwide.
3.4. The Licensee has the right to create a reasonable number of machine-readable copies of The Software for backup and security purposes given that those copies are not used for development, production or deployment. The Licensee must take measures to prevent access of unauthorized persons to created backup copies.
3.5. Use of The Software by the Licensee's subcontractors requires a separate license issued to those subcontractors.
3.6. Distribution of the binary code of The Software and, when applicable, of Production License Key is allowed when the binary code of The Software and Production License Key are included into End-User Applications or Middleware, which are designed and / or developed by the Licensee. Binary code and Production 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.
3.7. Distribution of the Source Code of The Software beyond the Computer Systems defined in paragraphs 3.3 and 3.4 is prohibited.
3.8. The Licensee may make modifications, enhancements, derivative works and/or extensions to the licensed Source Code provided to the Licensee. Any modifications, enhancements, derivative works and/or extensions to the licensed Source Code become the property of the Licensee unless the Licensee transfers the property rights for such modifications to the Licensor and the Licensor accepts such transfer. The parts of The Software, which remained unchanged during creation of the modified or enhanced version, extension or the derivative work, remain the property of Licensor.
3.9. This license grants the Licensee the right to get technical support according to Support Policy (published by the Licensor). Technical support is provided for the original Software only. Technical support is not provided for any modifications, enhancements, derivative works and/or extensions to the Software, the property rights for which were not transferred to the Licensor.
3.10. This license grants the Licensee the right to obtain and use according to this license all future New Releases and Updates of The Software, which are made publicly available, without any additional payments.
3.11. Only the individual or individuals who are the users of the Installed Copy or Installed Copies have the right to receive technical support and obtain New Releases and Updates.
3.12. The Licensee may not reverse engineer, disassemble or in any other way analyze information contained in the License Key or generate and use License Keys other than the ones obtained from The Licensor.
4. Termination and transfer.
4.1. Rent, lease, sublicense or any other temporary transfer of the rights granted by section 3 (except paragraph 3.6) of this Agreement is prohibited. When the Software is included into End-User Applications, scope of rights regarding the enclosed Software provided by the Licensee to users of such End-User Applications must not exceed scope of rights defined for the Software in this License.
4.2. Permanent transfer of the rights is allowed only after notifying the Licensor about such transfer and provided that the Licensee does not retain any copies of The Software received under terms of this license.
4.3. The license becomes effective when both of the following events occur: the Licensee pays the appropriate license fee and the Licensee agrees to its terms and conditions.
4.4. The license terminates automatically if the Licensee fails to comply with the limitations described above.
4.5. The license can be terminated by the Licensee at any time.
4.6. Upon termination or permanent transfer of the license the Licensee must destroy all Installed Copies, backup copies created according to paragraph 3.4 of this Agreement, and any other copies of the Software received under terms of this license and stored on all systems and all types of media and in computer memory, which are under control of the Licensee.
4.7. 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.
4.8. Termination of the license does not entitle the Licensee to any refund or moneyback for the payments which have been made before the moment of termination of the license.
5. Warranty and Disclaimer.
5.1. The Software is provided by the Licensor 'As Is'.
5.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR 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 LICENSOR 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 LICENSOR 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.
5.4. Recognizing the importance of The Software to the Licensee, the Licensor will attempt to fix the errors discovered in The Software given that such errors are not caused by malfunctioning of the operating environment, hardware and software errors of third-party components and by improper use or impossibility to use of The Software.
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. Also the Software may not be imported, used, exported and re-exported, in whole or in parts, separately or as a part of another software product, to Russia.
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 Licensor 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 Licensor, 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 beyond free upgrades defined in 3.10 may be licensed to the Licensee by the Licensor under additional or different terms.
9.3. By signing this agreement the Licensor 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 Licensor and the Licensee relating to The Software and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to The Software.