APOLLO END-USER LICENSE AGREEMENT (EULA)
APOLLO LICENSE AND SUPPORT AGREEMENT THIS IS A LEGAL
BINDING AGREEMENT. PLEASE READ IT CAREFULLY. YOU AGREE TO BE BOUND BY THE TERMS
OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO
NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE
OF PURCHASE FOR A FULL REFUND.
This End-User License Agreement ("EULA") pertains to all
software ("Software") developed and sold by ApolloDB made available by
electronic download, in any package containing CD-ROMs, diskettes, associated
media, printed materials or electronic documentation. Read the terms and
conditions of this EULA before installing, copying, or otherwise using
Software. This EULA is a legal agreement between you, either individual or
entity, ("Customer" or "you"), and ApolloDB ("ApolloDB"). By clicking "I agree," installing, copying,
or otherwise using any part of the Software or any associated media, any
printed materials, or any on-line or electronic documentation, you agree to be
bound by the terms of this EULA. If you do not agree to the terms of this EULA,
promptly return the Software to your supplier for a full refund.
1. DEFINITIONS
Software shall be defined as the computer program electronically
obtained and/or contained in the disks or CD ROMs in this package, together
with any updates subsequently provided by ApolloDB. Server Software shall be
defined specifically as Software that is accessed or connected to by other
Software via TCP/IP or other transport protocols. Server Software includes but
is not limited to, Apollo Server. Documentation shall be defined as all
printed materials provided in this package or later supplied by ApolloDB. Media
shall be defined as computer diskettes, CD ROMs and any other such magnetic
media containing Software. Service shall be defined as any technical or
non-technical service provided by ApolloDB, including but not limited to providing
technical support in person, by telephone, or via any form of electronic
correspondence. Copies shall be defined as actual copies of all or any portion
of Software and shall include updates and backups of Software. Licensee shall
be defined as person, corporation or entity that has purchased Software or
Service Developed Software shall be defined as software programs applications
or web services developed using, and/or containing, and/or distributed with,
Software by Licensee. User shall be defined as any person that creates
Developed Software.
2. LICENSE
ApolloDB agrees to grant the User a non-exclusive and
non-transferable license to use the Software sold to Licensee for an unlimited
duration. The rights granted herein are limited to use of the Software,
Software Copies and Documentation as defined within this EULA. All rights not
specifically granted in this EULA are reserved by ApolloDB. The Software is
protected by copyright and other intellectual property laws and treaties. ApolloDB
or its suppliers own the title, copyright, and other intellectual property
rights in the Product. The Software is licensed, not sold.
3. PERMITTED USES
The Licensee may use the Software in the following ways: load
the Software into RAM and use it on any number of computers, devices, work
stations or terminals owned and operated by the individual Licesee; install the
Software onto a permanent storage device - a hard or fixed disk drive; make
copies of the Software for backup purposes only and the Licensee must keep
possession of them at all times. 3.1 Non-Personal Editions of
Software The Licensee may freely distribute Developed Software, however,
no portion of the Software source code in whole or in part, nor decompiled
Software, nor documentation, may be redistributed without prior written consent
from ApolloDB, as outlined under Section 5: Deployment and Distribution. 3.1
Personal Editions of Software You may allow a reasonable number of
additional individuals within your organization to install Developed Software
solely for the purpose of testing or publicly demonstrating Developed Software.
You do not need to acquire a separate license for each individual that uses
Developed Software for testing or demonstration purposes.
4. PROHIBITED USES
Licensee may not: share the Software on any computer network
including a local area network (LAN), Intranet or Internet; distribute copies
of Software or Documentation; under any circumstances attempt to rewrite,
decompile, disassemble or reverse-engineer any of the Software or Software
Copies; reproduce, transfer, transcribe, store in a retrieval system or
translate into any language the Documentation in any form by any means without
the written consent ApolloDB. You may not disclose the results of any benchmark
test related to data access or data manipulation using Software to any third
party, including but not limited to posting results on the web, without ApolloDB's
prior written approval. 4.1 Non-Personal Editions of
Software Licensee may not: distribute Software source code in whole or
in part without acquiring additional licenses for non-Personal Editions of
Software for each copy of Developed Software distributed. 4.1 Personal
and Trial uation Editions of Software Licensee may not develop or create
applications or web services in whole or in part, for commercial, shareware,
freeware or government use.
5. DEPLOYMENT AND DISTRIBUTION
5.1 Non-Personal Editions of Software Developed
Software designed for use by non-programmers that includes non-Personal
Editions of Software binary files only may be freely distributed and require no
additional licensing. Distribution of Developed Software that includes Software
source code in whole or in part, requires each end-user of Developed Software
own a copy of Software. Users of Developed Software may not re-distribute
Software without owning a non-Personal Edition license of Software. Developed
Software running on .NET developed using the C# programming language that is
designed in whole or in part for use by programmers, may not distribute the
Apollo.Provider.DLL.
5.1 Personal and Trial Editions
of Software Personal and Trial Editions of Software are intended
for personal use only and Developed Software using Personal or Trial
Editions of Software may not be distributed, or hosted on web servers not owned
directly by User. Distributing Personal Editions of Software binaries or source
code in whole or in part, for purposes other than limited demonstration or
testing, requires User to own license of non-Personal Edition of Software and
then abide by sections of this EULA marked as Non-Personal Editions of
Software.
6. NON COMPETE
Licensee may not use Software to create products, technologies,
software applications, web services in whole or in part, that directly compete
with any ApolloDB product or technology. Competes is defined as creating or
distributing software or services that provide similar or same functionality as
any Software or technology developed by ApolloDB. ApolloDB reserves the right to
revoke all rights and license privileges of Licensee immediately upon any such
infringement. Upon notice of infringement, Licensee agrees to immediately
destroy all copies of Software and remove Software and references to Software
from all products, technologies and software applications.
7. SERVER SOFTWARE
Server Software may be used by Licensee and by Licensee
applications and software only. Re-distribution and/or use of Server Software
by anyone other than Licensee or by any software other than wholly-owned
Licensee software and applications, is absolutely forbidden. Forbidden uses
include but are not limited to, distributing any form of software that connects
to Server Software that is not owned by Licensee. Remedy includes but is not
limited to, Licensee purchasing one license of Server Software directly from
ApolloDB for each infringement within 24 hours of notice based on current pricing
listed on the ApolloDB website.
Single Deployment Licence (SDL) edition of Server allows up to
two (2) deployments of the Server by Licensee. Unulimited Deployment License
(UDL) edition of Server allows unlimited deployments of the Server by Licensee
only. Free 2-User edition of Server may be freely deployed by Licensee.
8. SUPPORT
ApolloDB reserves the right to terminate customer support plans
without cause and without warning. Support plans are sold on an as-is basis and
all sales are final and non-refundable. Purchasing a support plan does not
guarantee Software fixes and/or updates. Abuse of support privileges,
including, but not limited to, frequent contact, frivolous contact, rude
behavior and/or customer incompetence, harassment, failure to follow
instructions, may result in the immediate termination of support plans without
refund.
9. UPDATES AND REVISIONS
ApolloDB reserves the right to modify, and/or enhance Software
and/or Documentation without obligation to notify any person or organization of
such changes.
10. LIMITED WARRANTY
All Software and Service Plans are sold on an "as is" basis.
ApolloDB will not grant refunds of any kind for any reason after purchase. ApolloDB's
entire liability and your exclusive remedy shall be replacement of any
defective Media provided a copy of your dated receipt or invoice is submitted
to ApolloDB. The remedy includes provisions to grant access to download Software
from the Internet if the Internet was the only form of Software distribution by
ApolloDB to the Licensee for a period of 1 (one) year from the date of purchase.
ApolloDB shall not be liable to the Licensee or any other person for any special,
consequential, indirect or other similar damages or claims including loss of
profits or any other commercial damage caused or imaged to have been caused
directly or indirectly by the use of the Software. ApolloDB specifically disclaims
all other warranties, expressed or implied. ApolloDB makes no representations or
warranties with respect to the merchantability or fitness of Software for any
particular purpose, business or application. Implied warranties of
merchantability are expressly and specifically disclaimed. In no event shall
ApolloDB have liability for damages to you or any other person exceed the price
paid for the license to use the Software regardless of the form of any
claim.
11. LIMITATIONS
This license grants the User limited rights to use the Software,
Software Copies and Documentation as expressly provided in this License. ApolloDB
retains title to all the Software, Software Copies and Documentation. The
Licensee agrees to protect the Software, Software Copies and Documentation from
unauthorized publication, use, reproduction or distribution.
12. TERM
This License is effective from the date you receive the Software
and/or Copies of the Software and/or Documentation, and continues until you
destroy the entire contents of this package and any Software Copies. This
license will terminate if the Licensee fails to comply with any term or
condition of this EULA. Upon such breach, ApolloDB reserves the right to terminate
the license and seek any remedies which may be available to the company. Upon
notice of termination, the Licensee will be required to return all copies of
the Software and Documentation to ApolloDB and is required to recall all Developed
Software immediately and remove Software from Developed Software contents
and/or packaging. In these circumstances, the Licensee will not be entitled to
a refund of amount paid for the License to use the Software and Documentation,
nor will Licensee be entitled to reimbursement of any costs associated with
recalling Developed Software.
13. APPLICABLE LAW
This EULA is governed by the laws of the State of
California.
14. ENTIRE AGREEMENT
You acknowledge that you have read this EULA, understand it and
agree to be bound by its terms and conditions. Furthermore, you agree that this
is the complete and exclusive statement of agreement between us and supersedes
all prior agreements, verbal or written, any proposals and other communications
between us relating to the subject matter in this EULA.
END OF AGREEMENT. |