DataObjects.Net 4.6.0

EULA - End User License Agreement

This license agreement (AGREEMENT) is a legal agreement between you (either an individual or a single entity) and Xtensive LLC (LICENSOR) 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 LICENSOR. 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, you may not install or use the SOFTWARE PRODUCT.

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 AGREEMENT may contain separate addendum (ADDENDUM) overriding some parts of this AGREEMENT for a particular LICENSEE (definition is provided further). The ADDENDUM must be signed by authorized representatives of both LICENSOR and LICENSEE to be effective.
Definitions
Agreement, Software Product and Parties
AGREEMENT means this agreement.

SOFTWARE PRODUCT means DataObjects.Net software.

LICENSOR means Xtensive LLC, whose registered office is at 12 Nagornaya Street, 303, 620028 Ekaterinburg, Russia. Xtensive LLC is copyright owner of SOFTWARE PRODUCT.

You means the individual person installing or using the SOFTWARE PRODUCT on his or her own behalf; or, if the SOFTWARE PRODUCT is being downloaded, copied or installed on behalf of an organization, such as an employer, "you" means the organization for which the SOFTWARE PRODUCT is downloaded, copied or installed, and the person copying, installing or using the SOFTWARE PRODUCT represents that he or she has the authority to do so on your behalf.

Product Components
PRODUCT ASSEMBLY is any assembly shipped with the SOFTWARE PRODUCT, which name contains Xtensive. prefix.
THIRD-PARTY ASSEMBLY is any assembly shipped with the SOFTWARE PRODUCT, which name does not contain Xtensive. prefix.

Development and Runtime Usage of Software Product
TO USE SOFTWARE PRODUCT further refers to execution of any code located inside any PRODUCT ASSEMBLY on any platform (e.g. Mono) and by any possible way, including static (standard) or dynamic invocation (e.g. via .NET Reflection).

TO DEVELOP WITH SOFTWARE PRODUCT further refers to compilation of any code containing least one descendant (subclass) of any class located inside any PRODUCT ASSEMBLY. The only exception is compilation of such classes in runtime in case when the author of code performing such dynamic compilation has acquired a license to one of COMMERCIAL EDITIONS of SOFTWARE PRODUCT.

Note that compiling the software program that contains at least one descendant (subclass) of any class located inside any PRODUCT ASSEMBLY in unattained fashion (e.g. compilation on build server) is considered as DEVELOPMENT WITH SOFTWARE PRODUCT as well.
Product Editions
There are several particular types of SOFTWARE PRODUCT called EDITIONS.

Each EDITION has distinct set of features and limitations; actual features and limitations of each EDITION are described on OFFICIAL WEB RESOURCES, and are subject to change in future versions of SOFTWARE PRODUCT without any notice.
There are following editions of SOFTWARE PRODUCT:
- Trial and Express Editions, referenced as FREE EDITIONS further.
- Basic, Standard, Professional and Ultimate Editions, referenced as COMMERCIAL EDITIONS further.
- Academic Edition, referenced as ACADEMIC EDITION further.
Product Licenses
PRIMARY LICENSE is license permitting its owner to DEVELOP WITH a particular EDITION of SOFTWARE PRODUCT.

COMMERCIAL LICENSE is PRIMARY LICENSE permitting to use one of COMMERCIAL EDITIONS of SOFTWARE PRODUCT.

PRIMARY LICENSE is said to be EXPIRED LICENSE, when its Upgrade and Support Subscription period expires. This happens in 1 year after initial purchase date, if Upgrade and Support Subscription was not prolonged. Until this happens, PRIMARY LICENSE is said to be ACTUAL LICENSE.

EXPIRED LICENSE still permits its owner to DEVELOP WITH the current version of SOFTWARE PRODUCT, but does not permit to upgrade to its higher version. On contrary, ACTUAL LICENSE permits this.

HARDWARE LICENSE permits to DEVELOP WITH a particular EDITION of SOFTWARE PRODUCT on a particular computer. Each PRIMARY LICENSE comes along with a set of prepaid HARDWARE LICENSES (normally, 3). The status of each HARDWARE LICENSE (actual, expired) is determined by status of PRIMARY LICENSE it is bound to. Any given HARDWARE LICENSE may not be shared or used simultaneously on different computers in a given organization.
License Certificates and Licensee
LICENSE CERTIFICATE is certificate issued by LICENSOR (or its authorized reseller) and delivered to its owner (LICENSEE), which includes a list of licenses granted to the LICENSEE under this AGREEMENT.

LICENSEE is either an individual or a single entity that purchased or otherwise legally obtained a LICENSE CERTIFICATE.

Each LICENSE CERTIFICATE includes information about LICENSEE, as well as the following information:
- For each PRIMARY LICENSE: EDITION of SOFTWARE PRODUCT, product version, issue date, expiration date, license key (a sequence of ASCII characters).
- For each HARDWARE LICENSE: the PRIMARY LICENSE it is bound to; license key (a sequence of ASCII characters).
- If license keys for each HARDWARE LICENSE are not listed in LICENSE CERTIFICATE, it must contain an URL of web page allowing to list, generate and revoke them.
- If particular EDITION of SOFTWARE PRODUCT (e.g. Ultimate) enables its site-wide or company-wide usage, its LICENSE CERTIFICATE must contain an URL of web page allowing to list, generate and revoke any number of HARDWARE LICENSE keys.

LICENSE CERTIFICATE can be delivered to the LICENSEE in either electronic of physical form.

LICENSOR explicitly states that My Subscriptions page at X-tensive.com contains electronic LICENSE CERTIFICATES. The URL of this page: http://x-tensive.com/Profile/Subscriptions.aspx

Software Product License
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. If you have purchased or otherwise legally obtained a LICENSE CERTIFICATE for the SOFTWARE PRODUCT (so you are considered a LICENSEE in this section), you are granted by the following rights:

- Development Use. You may install and DEVELOP APPLICTIONS WITH the EDITION of SOFTWARE PRODUCT specified in your LICENSE CERTIFICATE, but only on computers where its HARDWARE LICENSE is installed.
- Runtime Use. The EDITION of SOFTWARE PRODUCT specified in your LICENSE CERTIFICATE is allowed to be USED by any copy (instance) of your APPLICATION in runtime. The computer running your APPLICATION isn't required to have HARDWARE LICENSE installed.
- Redistribution. You may distribute the REDISTRIBUTABLE COMPONENTS as part of your APPLICATION without payment of a royalty.
- Storage/Network use. You may store or install a copy of the SOFTWARE PRODUCT on a storage device, such as a network server.

1.2. If SOFTWARE PRODUCT is labeled as "Trial Edition", "Express Edition" or "Academic Edition", or was provided to you by LICENSOR, its agents or partners as "Trial Edition", "Express Edition" or "Academic Edition" of SOFTWARE PRODUCT, you may use these editions as it's specified in this AGREEMENT without obtaining HARDWARE LICENSES. Features of these editions of SOFTWARE PRODUCT are subject to change without any notice.

1.3. Reservation of Rights. All rights not expressly granted are reserved by LICENSOR.
2. Description of Other Rights and Limitations
2.1. Version Limitation. Your LICENSE CERTIFICATE contains issue date and specific version number of SOFTWARE PRODUCT. This AGREEMENT permits you to DEVELOP WITH the same or a lower version of the SOFTWARE PRODUCT as the version specified in the LICENSE CERTIFICATE, as well as any higher version of SOFTWARE PRODUCT released during 1 year after LICENSE CERTIFICATE issue date.

2.2. Limitations on Reverse Engineering, Decompilation, and Disassembly. You may reverse engineer, decompile and disassemble the SOFTWARE PRODUCT for your own needs, but may not modify the SOFTWARE PRODUCT, except conditions described in section 4.

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

2.4. Support Services. LICENSOR may provide you with support services related to the SOFTWARE PRODUCT (SUPPORT SERVICES). Use of SUPPORT SERVICES is governed by the LICENSOR policies and programs described in the user manual, in online documentation, and/or in other materials provided by LICENSOR, including OFFICIAL WEB RESOURCES. 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 LICENSOR as part of the SUPPORT SERVICES, LICENSOR may use such information for its business purposes, including for product support and development. LICENSOR will not utilize such technical information in a form that personally identifies you.

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

2.6. Sample Code. In addition to the rights granted above, LICENSOR grants you a non-exclusive, royalty-free right to modify the source code of those portions of the SOFTWARE PRODUCT that are identified as "Samples" or "Sample Code" or "Sample applications", for the sole purposes of designing, developing, and testing your software product(s), provided that you agree to (i) not use LICENSOR 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 LICENSOR 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 LICENSE CERTIFICATE and SOFTWARE PRODUCT directly to a transferee, provided that the LICENSEE has not distributed the SOFTWARE PRODUCT as part of a 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 APPLICATION, the AGREEMENT and SOFTWARE PRODUCT cannot be transferred except as part of a transfer of the rights to the APPLICATION.

2.8. Termination. Without prejudice to any other rights, LICENSOR 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.

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

2.11. Non-Redistributable Components. Only the REDISTRIBUTABLE COMPONENTS may be redistributed with your APPLICATION. NON-REDISTRIBUTABLE COMPONENTS (such as LICENSE CERTIFICATE or documentation) may not be redistributed.

2.12. LICENSE CERTIFICATE
3. Upgrades
3.1. If you have an ACTUAL LICENSE, you can upgrade to any version of SOFTWARE PRODUCT (but of the same EDITION) released during 1 year after issue date of your LICENSE CERTIFICATE for free of charge.

3.2. The ACTUAL LICENSE status (upgrade period) is extended for 1 year, if you purchase Upgrade and Support Subscription while you have ACTUAL LICENSE.

3.4. Special upgrade conditions (e.g. promotional) can be described on OFFICIAL WEB RESOURCES.
4. Source Code
Provided you have a COMMERCIAL LICENSE permitting you to use the SOURCE CODE of SOFTWARE PRODUCT,
you may download and install the SOURCE CODE INSTALLATION PACKAGE, as well as use SOURCE CODE of SOFTWARE PRODUCT under terms of SCLA.
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 LICENSOR, 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. Copying and Redistribution of Product Installation Package
You may make any number of copies of the installation media or downloaded installation package, as well as redistribute it, provided that product installation package is distributed without modification.
7. Copying and Redistribution of License Certificate and License Keys
You may copy LICENSE CERTIFICATE, as well as license keys specified in it for backup purposes, but you may not redistribute the LICENSE CERTIFICATE, as well as license keys specified in it. See section 9 for further details.
8. Academic License - Eligibility Requirements
LICENSOR offers Academic Edition of SOFTWARE PRODUCT free of charge for qualified educational institutions or organizations. Academic Edition of SOFTWARE PRODUCT can be used for educational purposes only; it cannot be used for any commercial purposes.

Please contact us for eligibility requirements; if you have any questions about Academic Edition, e-mail us at: info@x-tensive.com mailto:info@x-tensive.com
9. Confidentiality
You acknowledge that the SOFTWARE PRODUCT and its SOURCE CODE provided to you, as well as any modification, enhancement, derivative work and/or extension thereto includes valuable trade secrets of LICENSOR.

You agree to maintain in confidence the SOURCE CODE 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 SOURCE CODE 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 PRODUCT 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 LICENSOR's information, or approved in writing for release by LICENSOR 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 LICENSOR 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 LICENSOR has been advised of the possibility of such damages. In any case, LICENSOR'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 10 USD.