Caigen Access SOFTWARE LICENSE AGREEMENT

Caigen Access SOFTWARE LICENSE AGREEMENT

The Caigen Access JDBC driver License Agreement (called the "Agreement"), is a legal agreement between you, either an individual or an organization or other legal entity, (called "Licensee") and Caigen Software. Your use of the Caigen Access JDBC driver, any updates received to it, or any related documentation (herein collectively referred to as "Program") is subject to your acceptance of the terms and conditions of this Agreement. The term "Program" means the original program and all whole or partial copies of it, including portions merged into other programs. Caigen Software grants you a nonexclusive license for the Program as specified herein. You agree to ensure that anyone who uses the Program (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement. Caigen Software will not charge you for the rights granted to you under this license. The Program is owned by Caigen Software and is copyrighted and licensed, not sold. Caigen Software will only license the Program to you if you first accept the terms of this agreement. All rights not expressly granted here are reserved by Caigen Software..

1.0 DEFINITIONS
"Software" means the computer program in binary form, any other machine readable materials (including, but not limited to, libraries, source files, header files, and data files) and any user manuals, programming guides and other documentation contained in this product, and any updates to the program provided to you by Caigen expressly subject to this Agreement. "Software" includes the original program and all whole or partial copies of it, including portions merged into other software.
"Trial License" is a free, non-transferable license allows to use the Evaluation Version of the Software during a free evaluation period, provided the terms of this agreement are met. The free evaluation period extends for 30 calendar days from the day of first use by Licensee. Licensee can use the Software for purposes of testing and evaluation only. Before the end of the 30 day evaluation period, Licensee must either purchase a paid license to the Software or remove the Software from all the machines where Licensee installed it. In either case the Evaluation License is terminated.
"Single Server License" allows to use the Program on one single machine (server) within one company / organization. This license is not intended for redistributing commercial or non-commercial software products containing or embodying the Program materials.
"Enterprise License" allows to use the Program in software applications within one company / organization. This license is not intended for redistributing commercial or non-commercial software products containing or embodying the Program materials.
"Custom Development License" allows to use the Program in software solutions for customers developed by one company / organization. This license is not intended for redistributing commercial or non-commercial software products containing or embodying the Program materials.
"Commercial License" allows allows to distribute the Program with one commercial software product. This license does not permit to distribute a fully-enabled version of the Program with an evaluation (trial, demo, etc) version of this commercial product.

2.0 Intellectual Property Protection
Caigen owns this software program and documentation, both of which are protected under applicable copyright laws. Your right to use the software program(s) and the documentation is limited to the terms and conditions described below.

3.0 LICENSE
Caigen hereby grants to you, a non-exclusive, non-transferable (except within your group of companies), royalty-free, perpetual and limited license for the development and distribution of applications ("Programs") using our software. No license is granted to you for any other purpose. You may not modify or create derivative works of the Licensed Software, or reverse engineer, disassemble or decompile binary portions of the Licensed Software, or otherwise attempt to derive the source code from such portions. No right, title, or interest in or to Licensed Software, any trademarks, service marks, or trade names of Caigen or Caigen's licensors is granted under this Agreement. If you are using a trial version of the Software, you may use it only for the specified trial period. As a trial licensee, you may use the software on Client or Server machines during the trial period.
Under this Caigen Software License Agreement ("License"), you may use the enclosed Caigen program(s) (the "Software") as specified in your invoice documenting the purchase of this License. You may make copies of the Software solely for purposes of backup. The copyright notice must be reproduced and included on a label on any backup copy. You may not distribute copies of the Software and documentation to others. You may not rent, lease or grant your rights to the Software. You may not alter, reverse compile or disassemble any of the Software or documentation without the prior written consent of Caigen.

4.0 TERM AND TERMINATION OF AGREEMENT
You may terminate your license at any time. If you do so, all your license rights to the Program are terminated and you must destroy all your copies of it. You may keep a copy of the Program in your archives. CAIGEN SOFTWARE may terminate your license if you fail to comply with the terms of this Agreement. If CAIGEN SOFTWARE does so, all your license rights to the Program are terminated and you must destroy all your copies of it. You agree to comply with all applicable laws and regulations.

5.0 LIMITED WARRANTY
This Program is supplied "AS IS", WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PROGRAM AND ANY DOCUMENTATION REMAINS WITH YOU. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusion or limitation may not apply to you.

6.0 LIMITATION OF LIABILITY
CAIGEN SOFTWARE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR SAVINGS), EVEN IF CAIGEN SOFTWARE, OR ITS RESELLER, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAIGEN SOFTWARE will not be liable for 1) loss of, or damage to, your records or data or 2) any damages claimed by you based on any third party claim. This limitation of liability also applies to any developer of a Program supplied to CAIGEN SOFTWARE.

7.0 Compliance with Licensing
You agree that upon request of Caigen, or Caigen's authorized representative, you will within thirty (30) working days fully document and certify that your use of any and all Caigen's software at the time of the request is in conformity with your valid licensing from Caigen.

8.0 GENERAL TERMS
To develop and utilize applications which exploit the Program for your internal use only, you may, to the extent necessary for this purpose: (i) use and copy the Program, and (ii) merge the Program into another program. You must reproduce the copyright notice and any other legend of ownership on each copy, or partial copy, of the Program. You may not: 1) use, copy, merge, or transfer the Program except as provided in this Agreement; 2) reverse assemble, reverse compile, or otherwise translate the Program except as specifically permitted by law without the possibility of contractual waiver; 3) sublicense, rent or lease the Program; or 4) supply or provide copies of the Program to third parties, or allow external access to the Program.