Information about http://www.egenix.com/products/python/mxODBCConnect/eGenix.com-Commercial-License-1.2.0.pdf

EGENIX.COM COMMERCIAL LICENSE AGREEMENT …

Tags: authorizations, central processing unit, commercial license agreement, cpus, definitions, extent, help files, installation target, langenfeld, licensee, official software, personal computer, processors, promotional opportunities, server cpu, single site, software distribution, software installation, software skills, source code,
Pages: 7
Language: english
Created: Sun Apr 8 12:10:11 2007

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EGENIX.COM COMMERCIAL LICENSE AGREEMENT
Version 1.2.0

1. Introduction
This "License Agreement" is between eGenix.com Software, Skills and Services GmbH
("eGenix.com"), having an office at Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, and
the Individual or Organization ("Licensee") accessing and otherwise using this software in
source or binary form and its associated documentation ("the Software").

2. Terms and Definitions
The "Software" covered under this License Agreement includes without limitation, all object
code, source code, help files, publications, documentation and other programs, products or
tools that are included in the official "Software Distribution" available from eGenix.com.
The "Proof of Authorization" for the Software is a written and signed notice from eGenix.com
providing evidence of the extent of authorizations the Licensee has acquired to use the
Software and of Licensee's eligibility for future upgrade program prices (if announced) and
potential special or promotional opportunities. As such, the Proof of Authorization becomes
part of this License Agreement.
Installation of the Software ("Installation") refers to the process of unpacking or copying the
files included in the Software Distribution to an Installation Target.
"Installation Target" refers to the target of an installation operation. Targets are defined as
follows:
1) "CPU" refers to a central processing unit which is able to store and/or execute the
Software (a server, personal computer, or other computer-like device) using at most two
(2) processors,
2) "Site" refers to a single site of a company,
3) "Corporate" refers to an unlimited number of sites of the company,
4) "Developer CPU" refers to a single CPU used by at most one (1) developer.
When installing the Software on a server CPU for use by other CPUs in a network, Licensee
must obtain a License for the server CPU and for all client CPUs attached to the network which
will make use of the Software by copying the Software in binary or source form from the server
into their CPU memory. If a CPU makes use of more than two (2) processors, Licensee must
obtain additional CPU licenses to cover the total number of installed processors. Likewise, if a
Developer CPU is used by more than one developer, Licensee must obtain additional
Developer CPU licenses to cover the total number of developers using the CPU.
"Commercial Environment" refers to any application environment which is aimed at directly or
indirectly generating profit. This includes, without limitation, for-profit organizations, private
educational institutions, work as independent contractor, consultant and other profit generating
relationships with organizations or individuals. Governments and related agencies or
organizations are also regarded as being Commercial Environments.
"Non-Commercial Environments" are all those application environments which do not directly
or indirectly generate profit. Public educational institutions and officially acknowledged private
non-profit organizations are regarded as being Non-Commercial Environments in the
aforementioned sense.
"Educational Environments" are all those application environments which directly aim at
educating children, pupils or students. This includes, without limitation, class room installations
and student server installations which are intended to be used by students for educational
purposes. Installations aimed at administrational or organizational purposes are not regarded as
Educational Environment.

3. License Grant
Subject to the terms and conditions of this License Agreement, eGenix.com hereby grants
Licensee a non-exclusive, world-wide license to
1) use the Software to the extent of authorizations Licensee has acquired and
2) distribute, make and install copies to support the level of use authorized, providing
Licensee reproduces this License Agreement and any other legends of ownership on
each copy, or partial copy, of the Software.
If Licensee acquires this Software as a program upgrade, Licensee's authorization to use the
Software from which Licensee upgraded is terminated.
Licensee will ensure that anyone who uses the Software does so only in compliance with the
terms of this License Agreement.
Licensee may not
1) use, copy, install, compile, modify, or distribute the Software except as provided in this
License Agreement;
2) reverse assemble, reverse engineer, reverse compile, or otherwise translate the Software
except as specifically permitted by law without the possibility of contractual waiver; or
3) rent, sublicense or lease the Software.

4. Authorizations
The extent of authorization depends on the ownership of a Proof of Authorization for the
Software.
Usage of the Software for any other purpose not explicitly covered by this License Agreement
or granted by the Proof of Authorization is not permitted and requires the written prior
permission from eGenix.com.

5. Modifications
Software modifications may only be distributed in form of patches to the original files contained
in the Software Distribution.
The patches must be accompanied by a legend of origin and ownership and a visible message
stating that the patches are not original Software delivered by eGenix.com, nor that eGenix.com
can be held liable for possible damages related directly or indirectly to the patches if they are
applied to the Software.

6. Experimental Code or Features
The Software may include components containing experimental code or features which may be
modified substantially before becoming generally available.
These experimental components or features may not be at the level of performance or
compatibility of generally available eGenix.com products. eGenix.com does not guarantee that
any of the experimental components or features contained in the eGenix.com will ever be made
generally available.

7. Expiration and License Control Devices
Components of the Software may contain disabling or license control devices that will prevent
them from being used after the expiration of a period of time or on Installation Targets for
which no license was obtained.
Licensee will not tamper with these disabling devices or the components. Licensee will take
precautions to avoid any loss of data that might result when the components can no longer be
used.

8. NO WARRANTY
eGenix.com is making the Software available to Licensee on an "AS IS" basis. SUBJECT TO ANY
STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, EGENIX.COM MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT
LIMITATION, EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT
THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.

9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
EGENIX.COM BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE FOR (I)
ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS
INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A
RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE
THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; OR (II) ANY AMOUNTS IN
EXCESS OF THE AGGREGATE AMOUNTS PAID TO EGENIX.COM UNDER THIS LICENSE
AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEEDING THE DATE THE
CAUSE OF ACTION AROSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT
APPLY TO LICENSEE.

10. Termination
This License Agreement will automatically terminate upon a material breach of its terms and
conditions if not cured within thirty (30) days of written notice by eGenix.com. Upon
termination, Licensee shall discontinue use and remove all installed copies of the Software.

11. Indemnification
Licensee hereby agrees to indemnify eGenix.com against and hold harmless eGenix.com from
any claims, lawsuits or other losses that arise out of Licensee's breach of any provision of this
License Agreement.

12. Third Party Rights
Any software or documentation in source or binary form provided along with the Software that
is associated with a separate license agreement is licensed to Licensee under the terms of that
license agreement. This License Agreement does not apply to those portions of the Software.
Copies of the third party licenses are included in the Software Distribution.

13. High Risk Activities
The Software is not fault-tolerant and is not designed, manufactured or intended for use or
resale as on-line control equipment 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, or any software, tool, process, or service that was developed using the Software,
could lead directly to death, personal injury, or severe physical or environmental damage
("High Risk Activities").
Accordingly, eGenix.com specifically disclaims any express or implied warranty of fitness for
High Risk Activities.
Licensee agree that eGenix.com will not be liable for any claims or damages arising from the
use of the Software, or any software, tool, process, or service that was developed using the
Software, in such applications.

14. General
Nothing in this License Agreement affects any statutory rights of consumers that cannot be
waived or limited by contract.
Nothing in this License Agreement shall be deemed to create any relationship of agency,
partnership, or joint venture between eGenix.com and Licensee.
If any provision of this License Agreement shall be unlawful, void, or for any reason
unenforceable, such provision shall be modified to the extent necessary to render it enforceable
without losing its intent, or, if no such modification is possible, be severed from this License
Agreement and shall not affect the validity and enforceability of the remaining provisions of this
License Agreement.
This License Agreement shall be governed by and interpreted in all respects by the law of
Germany, excluding conflict of law provisions. It shall not be governed by the United Nations
Convention on Contracts for International Sale of Goods.
This License Agreement does not grant permission to use eGenix.com trademarks or trade
names in a trademark sense to endorse or promote products or services of Licensee, or any
third party.
The controlling language of this License Agreement is English. If Licensee has received a
translation into another language, it has been provided for Licensee's convenience only.

15. Agreement
By downloading, copying, installing or otherwise using the Software, Licensee agrees to be
bound by the terms and conditions of this License Agreement.
For question regarding this License Agreement, please write to:
eGenix.com Software, Skills and Services GmbH
Pastor-Loeh-Str. 48
D-40764 Langenfeld
Germany
EGENIX.COM PROOF OF AUTHORIZATION
1 CPU License (Example)

This is an example of a "Proof of Authorization" for a 1 CPU License. These proofs are either wet-
signed by the eGenix.com staff or digitally PGP-signed using an official eGenix.com PGP-key.

1. License Grant
eGenix.com Software, Skills and Services GmbH ("eGenix.com"), having an office at Pastor-
Loeh-Str. 48, D-40764 Langenfeld, Germany, hereby grants the Individual or Organization
("Licensee")
Licensee:
a non-exclusive, world-wide license to use the software listed below in source or binary form
and its associated documentation ("the Software") under the terms and conditions of this
License Agreement and to the extent authorized by this Proof of Authorization.

2. Covered Software
Software Name:
Software Version:
(including all patch level releases)
Software Distribution: As officially made available by
eGenix.com on http://www.egenix.com/
Operating System: any compatible operating system

3. Authorizations
eGenix.com hereby authorizes Licensee to copy, install, compile, modify and use the Software
on the following Installation Targets under the terms of this License Agreement.
Installation Targets: one (1) CPU
Use of the Software for any other purpose or redistribution IS NOT PERMITTED BY THIS
PROOF OF AUTHORIZATION.

4. Proof
This Proof of Authorization was issued by
,
Langenfeld,

Proof of Authorization Key:

EGENIX.COM PROOF OF AUTHORIZATION
1 Developer CPU License (Example)

This is an example of a "Proof of Authorization" for a 1 Developer CPU License. These proofs are
either wet-signed by the eGenix.com staff or digitally PGP-signed using an official eGenix.com
PGP-key.

3. Authorizations

3.1 Application Development
eGenix.com hereby authorizes Licensee to copy, install, compile, modify and use the Software
on the following Developer Installation Targets for the purpose of developing products using
the Software as integral part.
Developer Installation Targets: one (1) Developer CPU

3.2 Redistribution
eGenix.com hereby authorizes Licensee to redistribute the Software bundled with a product
developed by Licensee on the Developer Installation Targets ("the Product") subject to the terms
and conditions of this License Agreement for installation and use in combination with the
Product on the following Redistribution Installation Targets, provided that:
1. Licensee shall not and shall not permit or assist any third party to sell or distribute the
Software as a separate product;
2. Licensee shall not and shall not permit any third party to
i. market, sell or distribute the Software to any end user except subject to the
terms and conditions of this License Agreement,
ii. rent, sell, lease or otherwise transfer the Software or any part thereof or use it
for the benefit of any third party,
iii. use the Software outside the Product or for any other purpose not expressly
licensed hereunder;
3. the Product does not provide functions or capabilities similar to those of the Software
itself, i.e. the Product does not introduce commercial competition for the Software as
sold by eGenix.com;
4. Licensee has obtained Developer CPU Licenses for all developers and CPUs used in
developing the Product.
Redistribution Installation Targets:
any number of CPUs capable of running the Product and the Software

4. Proof
This Proof of Authorization was issued by
,
Langenfeld,

Proof of Authorization Key: