HOME
PRODUCTS
CUSTOMERS
BUY
CORPORATE
SUPPORT
PRESS RELEASES
PRODUCT BENEFITS
DOCUMENT LIBRARY
EVALUATION DOWNLOAD
|
HOME
PRODUCTS
CUSTOMERS
BUY
CORPORATE
SUPPORT
|
|
|
Code Futures Software, Ltd. Software License Agreement version 1.1 READ THE TERMS OF THIS AGREEMENT AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY "AGREEMENT") CAREFULLY. 1. LICENSE TO USE. Code Futures Software grants you a non-exclusive, non-transferable and royalty free license, without the right to sublicense or distribute, for internal evaluation use only of the accompanying software and documentation and any error corrections provided by Code Futures Software (collectively "Software"). 2. RESTRICTIONS. Software is confidential and copyrighted. Code Futures Software and/or its licensors retain title to Software and all associated intellectual property rights. Except as specifically authorized in any Supplemental License Terms, you may not make copies of Software, other than a single copy of Software for archival purposes. Unless applicable law prohibits enforcement, you may not modify, decompile, or reverse engineer (unless source code is provided) the Software, or disclose the results of software performance benchmarks to any third party without Code Futures Software's prior written consent. You acknowledge that the Software is not designed or intended for use in the design, construction, operation or maintenance of any nuclear facility and that Code Futures Software disclaims any express or implied warranty of fitness for such uses. No right, title or interest in or to any trademark, service mark, logo or trade name of Code Futures Software or its licensors is granted under this Agreement. 3. DISCLAIMER OF WARRANTY. THE SOFTWARE IS PROVIDED "AS IS". UNLESS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. 4. LIMITATION OF LIABILITY. IN NO EVENT WILL Code Futures Software OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF Code Futures Software HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will Code Futures Software's liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. 5. Termination. This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Code Futures Software if you fail to comply with any provision of this Agreement. Upon Termination, you must destroy all copies of Software. 6. Export Regulations. All Software and technical data delivered under this Agreement are subject to US export control laws and may be subject to export or import regulations in other countries. You agree to comply strictly with all such laws and regulations and acknowledge that you have the responsibility to obtain such licenses to export, re-export, or import as may be required after delivery to you. 7. U.S. Government Restricted Rights. If Software is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the Government's rights in Software and accompanying documentation will be only as set forth in this Agreement; this is in accordance with 48 CFR 227.7201 through 227.7202-4 (for Department of Defense (DOD) acquisitions) and with 48 CFR 2.101 and 12.212 (for non-DOD acquisitions). 8. Right to record usage. In the case where the product is used with a license key that is known to be obtained through fraudulent or dishonest methods Code Futures Software has the right to record information about the usage including but not limited to the local IP address of the user and reserves the right to issue legal proceedings against any such fraudulent use of the product. 9. Governing Law. British law will govern any action related to this Agreement. No choice of law rules of any jurisdiction will apply. 10. Severability. If any provision of this Agreement is held to be unenforceable, this Agreement will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate. 11. Integration. This Agreement is the entire agreement between you and Code Futures Software relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party. SUPPLEMENTAL LICENSE TERMS Customer Version 1.1 These supplemental license terms ("Supplement") add to or modify the terms of the Software License Agreement (collectively, the "Agreement"). Capitalized terms not defined in this Supplement shall have the same meanings ascribed to them in the Agreement. These Supplement terms shall supersede any inconsistent or conflicting terms in the Agreement, or in any license contained within the Software. 1. Deployment License. Code Futures Software grants you a non-transferable, non-exclusive, worldwide license, to deploy Software for your own business purposes, provided that you: (i) have purchased at least one (1) deployment license, for any of the current Code Futures Software products, for each instance of deployment of the Software; (ii) do not remove or alter any proprietary legends or notices contained in or on the Software; and (iii) agree to defend and indemnify Code Futures Software and its licensors from and against any damages, costs, liabilities, settlement amounts and/or expenses (including attorneys' fees) incurred in connection with any claim, lawsuit or action by any third party that arises or results from the use of Software. 2. Source Code. You agree that you may not distribute any source code included in the Software but may use it solely for internal reference purposes pursuant to the terms of this Agreement. 3. Disclaimer of Support. Under the terms of this Agreement the Software comes with no support from Code Futures Software. You may at some later date request and enter into a support agreement with Code Futures Software on terms that are mutually agreeable to both parties. 4. Trademarks and Logos. You acknowledge as between you and Code Futures Software that Code Futures Software owns the Code Futures Software trademark and all FireStorm-related trademarks, logos and icons. 5. Disclosure. By deploying the Software you and your company agree that Code Futures Software may, but is not obligated to, include your and your company's name, address and product usage experience in marketing collateral and directory listing of Developers experienced in using the Licensed Software. |
|
 |
|
| CodeFutures is the leader in Java persistence software FireStorm/DAO is a code generator for Java persistence that generates Data Access Objects based on JDBC, JDO, EJB CMP, and Hibernate FireStorm/SDO provides a Service Data Object Application Programming Interface (SDO API) for Service Component Architectures |
Copyright © 2003-2006 Code Futures Software, Ltd. All rights reserved. |
APPLICATION DEVELOPMENT PRODUCTIVITY™ | |
Code Generation |
Data Persistence |
Data Access Object |
Code Generator
Site Search | Site Map | Java Persistence | Legal | Contact Us Java DAO | Data Transfer Object | Hibernate Java | Service Data Object | SDO API | Service Component Architecture | Rogue Wave Hydra FireStorm/DAO™, FireStorm/SDO™, and CodeFutures™ are trade marks of Code Futures Software Ltd. |
||
