Datalator - License Agreement (Professional distribution)

BEFORE USING THE SOFTWARE, YOU SHOULD CAREFULLY READ 
THE FOLLOWING TERMS AND CONDITIONS. USING THE 
SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND 
CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS 
AGREEMENT, DO NOT USE THE SOFTWARE.

Fancy Data Systems Inc. licenses the Datalator software (hereinafter
referred to as the "Software"), which includes binaries, source code,
registration codes, license codes, and any accompanying
documentation, to you (either an individual or single entity) only 
upon the condition that you accept all of the terms contained in this 
license agreement ("Agreement"). 

1. GRANT OF LICENSE: Fancy Data Systems Inc. grants you a non-exclusive
license to use the Software. You may use the Software on more
than one computer system, you may develop and distribute unlimited amount 
of applications with help of the Software and you may grant access to
those applications to unlimited number of users. You may not pass your
developer rights to your customers/users, means you may not rent, lease, 
sublicense or assign the Software "as is", without adding developed applications.
All installations have to be clearly marked as "powered by Datalator" and
accompanied by this Agreement.

Software is copyrighted and title to Software and all associated
intellectual property rights are retained by Fancy Data Systems Inc.

You agree that any feedback you may provide to Fancy Data Systems Inc. 
in reference to the Software or this Agreement is non-confidential and 
you grant Fancy Data Systems Inc. a worldwide, fully paid up and 
irrevocable license to use this feedback in Fancy Data Systems Inc.'s 
business activities.

2. LIMITED DISTRIBUTION LICENSE: Distribution of registered versions of 
the Software is strictly prohibited, except when deploying developed
applications. Permission is granted to distribute unregistered, trial 
versions of the Software, completely unaltered and unregistered provided 
that it is clearly indicated that the product is Shareware and should be 
paid for for continued use. There must be no charge for the Software and 
if packaged with other Shareware, only a small and reasonable fee may be 
requested for media/shipping. Any distribution satisfying all these distribution 
requirements is hereby authorized. Any exceptions are only permitted 
if specifically authorized by Fancy Data Systems Inc. Please contact 
Fancy Data Systems Inc. for exceptions, or questions. Permission to 
distribute the Software package is not transferable, assignable, 
saleable, or franchisable. Each vendor wishing to distribute the 
package must independently satisfy the terms of this limited 
distribution license. Fancy Data Systems Inc. may revoke any permissions 
granted here, by notifying you in writing. All rights not expressly 
granted here are reserved to Fancy Data Systems Inc.  

3. MAINTENANCE AND SUPPORT: 

3.1 TERM AND TERMINATION OF MAINTENANCE AND SUPPORT. The initial 
purchase of a license to the Software for a user includes 
a one year subscription to receive maintenance and support services 
on behalf of such user, as set forth in this Section 3 
("Maintenance and Support"), commencing on the date 
Fancy Data Systems Inc. sends electronic confirmation with 
registration and license key(s) to the email address provided 
by the customer.

3.2 MAINTENANCE AND SUPPORT SERVICES. Maintenance and Support means 
that Fancy Data Systems Inc. will provide: (a) updates and upgrades
to the Software, if any, made publicly available by 
Fancy Data Systems Inc. to its maintenance and support customers 
during the term of Maintenance and Support, and (b) At Fancy Data Systems Inc's 
discretion, Fancy Data Systems Inc. may provide limited support 
through email or discussion forums at Fancy Data Systems Inc.'s web site.

4. TERM AND 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 Fancy Data Systems Inc. if you fail to
comply with any provision of this Agreement. Upon termination,
you must destroy all copies of Software.

5. DISCLAIMER OF WARRANTY: The Software is provided "AS IS" 
WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF 
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. LIMITATION OF LIABILITY: THE ENTIRE RISK ARISING OUT OF
THE USE OR PERFORMANCE OF THIS SOFTWARE AND DOCUMENTATION REMAINS
WITH YOU. IN NO EVENT WILL Fancy Data Systems Inc. BE LIABLE FOR ANY
LOST PROFITS, LOST SAVINGS, INCIDENTAL OR INDIRECT DAMAGES OR
OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF Fancy Data Systems Inc.
OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ADDITION Fancy Data Systems Inc. WILL NOT BE LIABLE
FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

7. REFUND POLICY: Due to the fact that a full version of the Software
is available for free evaluation for a period of 30 days, refunds
will be offered on a case by case basis. To be eligible for a refund,
Fancy Data Systems Inc. must receive a refund request within 30 days of
the date of purchase.

8. LICENSE RESTRICTIONS: You may not reverse engineer, decompile,
disassemble, modify, translate, make any attempt to discover the 
source code of the Software in whole or in part. You may not tamper 
with, alter, disable or circumvent the Software's built-in license 
verification and enforcement capabilities. You may not remove of 
alter any trademark, copyright, logo or other proprietary notices 
in the Software. You may not disclose any license codes in any way. 

9. GENERAL PROVISIONS:

9.1 CONSENT TO JURISDICTION AND FORUM SELECTION. This Agreement 
will be interpreted and construed in accordance with the laws of 
the Province of Ontario and Canada, without regard to conflict 
of law principles. The parties hereby consent to the personal and 
exclusive jurisdiction of the province and federal 
courts located in Halton Region, Ontario for resolution of 
any disputes arising out of this Agreement. 

9.2 SEVERABILITY; WAIVER. If any provision of this Agreement is held 
to be invalid or unenforceable for any reason, the remaining provisions 
will continue in full force without being impaired or invalidated in any 
way and the invalid or unenforceable provision shall be enforced to the 
full extent permitted. The waiver by either party of a breach of any 
provision of this Agreement will not operate or be interpreted as a waiver 
of any other or subsequent breach.

10. INTEGRATION: This Agreement is the entire agreement between
you and Fancy Data Systems Inc. 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.

11. THIRD-PARTY SOFTWARE: 
Datalator ships with the Apache Derby database engine and JDBC 
driver.  The license files are located in the "lib" directory
under the Datalator installation directory.
