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DataFlex Reports License

LICENSE AGREEMENT FOR DATA ACCESS CORPORATION SOFTWARE

Software Product: DataFlex Reports Developer Edition; DataFlex Reports Web Deployment License

IMPORTANT - READ CAREFULLY: This License Agreement is a binding legal agreement between You and Data Access Corporation ("DAC") for the Software Product identified above, which includes computer software and associated media, and may include "online", electronic or printed documentation and associated materials (collectively the "Software Product”). By installing, copying, or using the Software Product or any part thereof, You warrant that You have the authority to enter into this License Agreement and You agree to be legally bound by its terms and conditions, the limited warranties and limitations of liability and restrictions expressed herein. If You do not agree to all terms and conditions of this License Agreement, You are not authorized to install or use the Software Product.

DEFINITIONS

“Report” – A structured output of printed or electronic data created by the Software Product or its Workstation Runtime or Web Deployment License.

“Report Definition File” – A proprietary format data file with the extension .DR that contains the definition of the data elements, formatting and functional parameters of a Report produced by the Software Product. The Software Product, Workstation Runtime or Web Deployment License executes a Report Definition File to create a Report.

“Workstation Runtime” – The components of the Software Product that are required to execute Reports in conjunction with the Windows desktop operating system and DataFlex Client License environment.

“Web Deployment License” – The Software Product required for executing and distributing Reports via the web.

“DataFlex Client Engine” – Software installed on or executed on a computer to enable the function and operation of the Software Product.

“You” or “Your” – an individual person or in a legal business entity one named person designated to exercise the right to use the Software Product according to the terms and conditions of this License Agreement. If licensee is a legal business entity, designation of a named person to exercise licensee’s rights does not create an additional license for the designee as an individual; all rights and responsibilities remain licensee’s.

SOFTWARE PRODUCT LICENSE

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.

1. GRANT OF LICENSE.
FOR THE SOFTWARE PRODUCT DESCRIBED AS “DATAFLEX REPORTS DEVELOPER EDITION”: Subject to the terms and conditions hereof, this LICENSE grants You the following limited, non-exclusive rights:

- You may install the Software Product on any computer of which You are the primary user.
- You may use the Software Product on only one computer at a time. The Software Product is “in use" when it is loaded into the temporary memory (i.e., RAM) of the computer upon which You are working.
- You may not allow others to use the Software Product licensed to You.
- You may use the Software Product to design, create, test and run reports.
- You may distribute to third parties Reports that are created with Your license of the Software Product.
- You may distribute to third parties Report Definition Files created with Your license to the Software Product provided that third party recipients of Report Definition Files use them solely with DataFlex applications.
- You may distribute the Workstation Runtime to third parties for use in an application environment that is based on a DataFlex Client License.
- You may use the functionality of the Workstation Runtime to integrate reports with Your DataFlex applications.
- You may not execute Report Definition Files nor publish, distribute or otherwise deliver Reports via a web server unless a Web Delivery Kit license is purchased.
- Solely with respect to electronic documents included with the Software Product, You may make copies (either in hardcopy or electronic form), provided that such copies are only for Your use in operating this Software Product and are not republished or distributed to any third party.
- If the delivery of the Software Product includes a DataFlex Client Engine, the use of the Client Engine is limited to the use in conjunction with the Software Product exclusively.


FOR SOFTWARE PRODUCT DESCRIBED AS “WEB DEPLOYMENT LICENSE”: Subject to the terms and conditions hereof, this LICENSE grants You the following limited, non-exclusive rights:

- You may execute Report Definition Files on one web server or one virtual web server instance
- You may publish, distribute or otherwise deliver Reports via the internet using the facilities of the Software Product.

FOR SOFTWARE PRODUCT DESCRIBED AS “EDUCATIONAL LICENSE”: Subject to the terms and conditions hereof, this License Agreement grants You the following limited, non-exclusive rights: You may install and use the Software Product to design, create, run and test Reports solely in connection with courses in the field of computer science, computer programming, management information, reporting or business intelligence software design and development that You take at an accredited, not-for-profit educational institution. You may not deploy or otherwise distribute to third parties created Reports except when providing the results of Your work to others involved in Your education. Solely with respect to electronic documents included with the Software Product, You may make printed copies, provided that such copies are only for Your use in operating this Software Product and are not republished or distributed to any third party.

FOR SOFTWARE PRODUCT DESCRIBED AS “EVALUATION LICENSE”: Subject to the terms and conditions hereof, this License Agreement grants You the following limited, non-exclusive rights: You may install and use the Software Product on one computer of which You are the primary user. The Software Product is in "use" when it is loaded into the temporary memory (i.e., RAM) of the computer upon which You are working. You may use the Software Product to design, create, run and test Reports solely for the purpose of evaluating the Software Product’s suitability for Your requirements. You may not deploy or otherwise distribute to third parties created Reports You create except when providing the results of Your work to others involved in the evaluation process. Solely with respect to electronic documents included with the Software Product, You may make printed copies, provided that such copies shall be only for Your use in operating this Software Product and are not republished or distributed to any third party.

NOTICE: Evaluation Licenses and Educational Licenses may have specifications that vary from Software Product licenses purchased at retail. Such licenses may have internal controls that cause the Software Product to cease to operate after a certain date. Your License to use the Software Product expires when an internal control causes operation to cease. You accept full responsibility to know and understand the limits of Your License and to ensure that the terms and conditions of the license, its specifications and time limitations, if any, are appropriate to Your use of the Software Product.

You may purchase additional rights to use the Software Product or to deploy or distribute created Reports. Regardless of the effect of any internal controls that may or may not be present in the Software Product, if Your License is granted for a specific period of time, Your rights to use the Software Product cease upon the expiration of the licensed period. Contact the nearest Data Access Worldwide regional office or an authorized reseller for more information.

2. RESERVATION OF RIGHTS.
Except as expressly licensed herein, DAC retains all right, title and interest in and to Software Product and any copies of the Software Product, regardless of location or the form in which the copies may exist. The Software Product design, structure, organization and source code are valuable trade secrets of DAC and its suppliers and are protected under U.S. and international trade secret laws.

3. COPYRIGHT.
All copyrights in and to the Software Product, in all forms, and all copies of the Software Product is owned by DAC or its suppliers. The Software Product is protected by copyright laws and international treaty provisions. Therefore, You must treat the Software Product like any other copyrighted material except that You may make one copy of a licensed Software Product solely for backup or archival purposes.

4. DESCRIPTION OF OTHER SOFTWARE PRODUCT RIGHTS AND LIMITATIONS.
You may not rent, lease, sublicense, reproduce, distribute, transmit, market, sell, assign, transfer, disclose, translate, modify, disassemble, or reverse engineer the Software Product by any means or in any form, or create derivative works based on the Software Product, or any portions thereof, or obtain possession of any source code or other technical material relating to Software Product. You may not reverse engineer the structure, logic or content of the Report Definition File. You agree not to use or export the Software Product anywhere outside of the country in which it was originally licensed. You agree not to remove, alter, or obscure any copyright notices or proprietary legends contained on the media or included in the Software Product. You agree that the Number of End Users specified on the invoice, purchase order, product label or other documents defining the Software Product’s License is incorporated into this License Agreement for the purpose of defining the limits of Your use. You may distribute Your Reports to others but You may not distribute DAC source code, packages, modules or components with Your source code. If the Software Product incorporates Codejock Software ActiveX controls, said controls shall be subject to the same terms and conditions, restrictions and limitations as the Software Product. You are only licensed to use said controls with the Software Product. Use of the Codejock Software ActiveX controls with any product other than the Software Product is a violation of this license agreement and is NOT licensed hereunder. If the Software Product includes the software of any third party, the third party software shall be subject to the same terms, conditions, restrictions and limitations as DAC’s Software Product.

5. DESCRIPTION OF TERMS AND LIMITATIONS FOR REPORTS
DAC makes no claims upon the Reports You create. You acknowledge and agree that DAC makes no representations and provides no warranty for Your Reports. You accept full responsibility for any and all aspects of Reports that You create including but not limited to specification, operation, function, accuracy, support and maintenance. You agree that neither DAC nor its subsidiaries, affiliates, officers, directors, representatives, employees or shareholders have or shall have any responsibilities or liabilities whatsoever to users of Your Reports. You agree to indemnify and hold DAC, its subsidiaries, affiliates, officers, directors, representatives, employees, shareholders and suppliers harmless from and against any claims or liabilities arising from or as a result of the use of Your Reports. You are responsible for the provision of correctly licensed Workstation Runtimes, Client Engines, Connectivity Kits and/or Web Deployment Licences with Your Reports and applications that produce them.

6. DESCRIPTION OF ADDITIONAL SOFTWARE SUBJECT TO LICENSE
Unless a subsequent license is provided, the terms of this License Agreement apply to all Software Product updates, supplements, additional feature components, or other components that DAC may provide to You or make available to You after the effective date of this License Agreement.

7. TERMINATION.
This License Agreement terminates automatically upon Your failure to comply with its terms or conditions. Without prejudice to any other rights, DAC may terminate this License Agreement immediately if You fail to comply with the terms and conditions hereof. In the event of termination, You must immediately cease all use of the Software Product, cease distribution of Reports created with the Software Product licensed herein and destroy all copies of the Software Product in Your possession.

8. EXPORT.
You will not ship, transfer or export, directly or indirectly, electronically or otherwise, the Software Product into any country prohibited by the United States Export Administration Act and any related regulations (the "Act"), nor will You use the Software Product for any purpose prohibited by the Act or by the laws of the United States or the country in which You are located.

9. U.S. GOVERNMENT RESTRICTED RIGHTS.
THE SOFTWARE PRODUCT AND DOCUMENTATION ARE PROVIDED WITH RESTRICTED RIGHTS. USE, DUPLICATION, OR DISCLOSURE BY THE GOVERNMENT IS SUBJECT TO THE RESTRICTIONS SET FORTH IN SUBPARAGRAPH (C)(1)(II) OF THE RIGHTS IN TECHNICAL DATA AND COMPUTER SOFTWARE CLAUSE AT DFARS 252.227-7013 OR SUBPARAGRAPHS (C)(1) AND (2) OF THE COMMERCIAL COMPUTER SOFTWARE-RESTRICTED RIGHTS AT 48 CFR 52.227-19, AS APPLICABLE AND AS MAY BE AMENDED. MANUFACTURER IS DATA ACCESS CORPORATION/14000 SW 119th AVENUE/MIAMI, FL/United States 33186-6017.

10. MISCELLANEOUS
This License Agreement is the entire agreement between You and DAC and supersedes any proposal or prior agreement, offer, oral or written, hardcopy or electronic in any form, and any other communications relating to the subject matter of this License Agreement.

Any and all fees and payments shall be exclusive of foreign, state and local use, sales, property, internet and electronic commerce taxes, whether current or future. You agree to pay any and all such taxes.

If You acquired the Software Product in the United States, this License Agreement is governed by the laws of the State of Florida. If You acquired the Software Product outside the United States, then local law may apply. The United Nations Convention on the International Sale of Goods and The United Nations Convention on the Formation of Contracts for the International Sale of Goods shall not apply to this License Agreement or the parties hereto.

Should You have any questions concerning this License Agreement, or if You desire to contact Data Access Corporation for any reason, please contact the Data Access Corporation subsidiary serving Your country, or write: Data Access Corporation, 14000 SW 119th Avenue/Miami, FL 33186-6017.

LIMITED WARRANTY

GENERAL – LIMITED WARRANTY. For a period of thirty days from the date of receipt DAC warrants that the licensed Software Product will perform substantially in accordance with the accompanying documentation created by DAC. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply to You. To the extent allowed by applicable law, implied warranties on the Software Product is limited to ninety days. The general limited warranty varies according to the specific Software Product licensed as follows:

EDUCATIONAL LICENSES: Software Product used under Educational Licenses are provided as-is, without warranty of any kind.

EVALUATION LICENSES: Software Product used under Evaluation Licenses are provided as-is, without warranty of any kind.

TESTING LICENSES: Software Product used under Testing Licenses are explicitly provided as-is, without warranty of any kind whatsoever. Licensee assumes any and all risks associated with the use to Testing Licenses.

CUSTOMER REMEDIES. Regardless of the form or action, whether in contract, negligence, strict liability, tort, Product liability, or otherwise, DAC's and its suppliers' entire liability and Your exclusive remedy shall be, at DAC's option, either (a) return of the price paid, or (b) repair or replacement of the Software Product that does not meet DAC's Limited Warranty as described above and which is returned to DAC with a copy of Your receipt. This Limited Warranty is void if failure of the Software Product has resulted from accident, abuse, or misapplication. Any replacement Software Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by DAC are available without proof of purchase from an authorized international source. The parties acknowledge that these remedies are reasonable based on the nature of the Software Product and shall not be deemed to unreasonable or to fail of their essential purpose.

NO OTHER WARRANTIES OR CONDITIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAC AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE PRODUCT AND ANY OTHER PRODUCT OR GOODS PROVIDED BY DAC. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAC, ITS SUBSIDIARIES, PARTNERS OR 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, LOSS OF GOODWILL OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, OR ANY OTHER PRODUCT OR GOODS PROVIDED BY DAC OR ANY PORTION THEREOF, EVEN IF DAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES, COUNTRIES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

Revised: August 14, 2013