APOLLODB END-USER LICENSE AGREEMENT (EULA)

THIS IS A LEGALLY BINDING AGREEMENT. PLEASE READ IT CAREFULLY.

By clicking “I agree”, installing, copying or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to all of the terms, do not install or use the Software.

This End-User License Agreement (“EULA”) pertains to all software (“Software”) developed and sold by ApolloDB and made available by electronic download or on physical media, together with any associated printed materials or electronic documentation. This EULA is a legal agreement between you, either an individual or an entity (“Licensee”), and ApolloDB (“Licensor”).

1. DEFINITIONS

“Software” shall be defined as the computer programs and components supplied by Licensor, whether electronically downloaded or provided on physical media, together with any updates subsequently provided by Licensor.

“Server Software” shall be defined specifically as Software that is accessed or connected to by other Software via TCP/IP or other transport protocols. Server Software includes, but is not limited to, Apollo Server.

“Documentation” shall be defined as all printed or electronic materials relating to the Software that are provided in this package, included with the download, or later supplied by Licensor.

“Media” shall be defined as any physical media containing the Software, including but not limited to computer diskettes, CD-ROMs and other similar media.

“Service” shall be defined as any technical or non-technical service provided by Licensor, including but not limited to providing technical support in person, by telephone, or via any form of electronic correspondence.

“Copies” shall be defined as actual copies of all or any portion of the Software and shall include updates and backups of the Software.

“Licensee” shall be defined as any person, corporation or entity that has purchased the Software or Services from Licensor.

“Developed Software” shall be defined as software programs, applications or web services developed by Licensee using, containing or distributed with the Software.

2. LICENSE

Licensor hereby grants Licensee a non-exclusive, non-transferable license to use the Software sold to Licensee for an unlimited duration, subject to the terms and conditions of this EULA. The scope of permitted use (including per-developer and site licenses) is described in Section 3 below.

The rights granted herein are limited to use of the Software, Copies of the Software and Documentation as defined within this EULA. All rights not specifically granted in this EULA are reserved by Licensor.

The Software is protected by copyright and other intellectual property laws and treaties. Licensor and/or its suppliers own the title, copyright and other intellectual property rights in the Software.

The Software is licensed, not sold.

3. PERMITTED USES

Licensee may use the Software in the following ways: load the Software into RAM and use it on one or more computers; install the Software onto one or more permanent storage devices (for example, hard or solid-state drives); and make Copies of the Software for backup and archival purposes only, provided that Licensee retains possession and control of such Copies at all times.

3.1 Single Developer License
Under a Single Developer License, one named developer is licensed to use the Software. The licensed developer may install and use the Software on any number of that developer’s dedicated development machines (for example, desktop, laptop and home PC), provided that only that licensed developer uses the Software.

3.2 Site License
Under a Site License, all developers within the same organization at a single physical location are licensed to use the Software. Each such licensed developer may install and use the Software on their dedicated development machines in accordance with this EULA.

3.3 Evaluation / Trial Edition
If Licensee has obtained an Evaluation or Trial Edition of the Software, Licensee may install and use the Evaluation or Trial Edition solely for the purpose of evaluating the Software’s suitability for Licensee’s needs, and only during the applicable evaluation period specified by Licensor. The Evaluation or Trial Edition may not be used for production purposes or for any commercial deployment.

3.4 Distribution of Developed Software
Subject to Section 4 and Section 5 (Deployment and Distribution), Licensee may freely distribute Developed Software to third parties on a royalty-free basis, provided that no portion of the Software source code, in whole or in part, nor any decompiled Software, nor any developer Documentation, is redistributed without Licensor’s prior written consent.

4. PROHIBITED USES

Licensee may not:
(a) make the Software available on a network or in any other way that allows use by more developers than are properly licensed under a Single Developer License or Site License;
(b) distribute copies of the Software or Documentation to any third party, except as expressly permitted in this EULA;
(c) under any circumstances attempt to rewrite, decompile, disassemble or reverse-engineer any of the Software or Copies of the Software, except to the limited extent that applicable law expressly permits notwithstanding this restriction;
(d) reproduce, transfer, transcribe, store in a retrieval system or translate into any language the Documentation, in whole or in part, by any means without Licensor’s prior written consent; or
(e) disclose the results of any benchmark test related to data access or data manipulation using the Software to any third party, including but not limited to posting results on the Internet, without Licensor’s prior written approval.

4.1 Additional Restrictions for Evaluation / Trial Edition
In addition to the foregoing, if Licensee is using an Evaluation or Trial Edition of the Software, Licensee may not:
(a) develop or deploy applications or web services using the Evaluation or Trial Edition for commercial, shareware, freeware, government or production use; or
(b) distribute any Developed Software created with the Evaluation or Trial Edition to any third party.

5. DEPLOYMENT AND DISTRIBUTION

5.1 Distribution of Developed Software (Single Developer and Site Licenses)
Subject to the terms of this EULA, Developed Software that is designed for use by end-users (non-programmers) and that includes only compiled binary files of the Software may be freely distributed to third parties on a royalty-free basis. No additional runtime licenses or per-deployment fees are required.

Licensee may include with Developed Software only those binary runtime components of the Software that are necessary for the normal operation of Developed Software. Licensee may not redistribute any Software source code, header files, project files, samples or other development materials, in whole or in part, without Licensor’s prior written consent.

Licensee may not redistribute the Software in any form that would allow third parties to use the Software for their own software development unless such third parties have obtained their own valid licenses to the Software from Licensor.

If Developed Software is a .NET application developed using the C# programming language and is designed, in whole or in part, for use by programmers as a data-access framework or component, Licensee may not redistribute the Apollo.Provider.DLL as a stand-alone development component. In such cases, Licensee must embed the Apollo Provider source code directly into Developed Software or otherwise ensure that each developer using such functionality has obtained a valid license to the Software.

5.2 Evaluation / Trial Edition
If Licensee is using an Evaluation or Trial Edition of the Software, Developed Software created using the Evaluation or Trial Edition may not be distributed to third parties, hosted on web servers that are not owned and controlled directly by Licensee, or used for any commercial, governmental, shareware, freeware or other production purposes.
To distribute Developed Software or to host it for access by third parties, Licensee must obtain a valid Single Developer License or Site License for the Software and comply with Section 5.1 above.

6. NON-COMPETE / DERIVATIVE DEVELOPER TOOLS

6.1 No competing developer tools or frameworks
Licensee may not use the Software to create, market or distribute database engines, data-access libraries, drivers, components, frameworks or other general-purpose developer tools that, in whole or in part, expose substantially similar functionality to that of the Software or other products or technologies developed by Licensor, for use by third-party developers.

6.2 Permitted business applications
Nothing in this Section 6 prohibits Licensee from using the Software to develop and distribute custom or commercial business applications, internal systems, websites or services for end-users, provided that such applications are not marketed or distributed as general-purpose developer tools, frameworks or components intended for use by third-party developers.

6.3 Remedies
Any violation of this Section 6 constitutes a material breach of this EULA. Upon notice from Licensor of such breach, Licensor may terminate this EULA and all licenses granted hereunder. In such event, Licensee shall immediately cease all use of the Software and destroy all Copies of the Software in Licensee’s possession or control.

7. SERVER SOFTWARE

7.1 Scope of Use
Where Server Software is provided as part of the Software, Licensee may install and run the Server Software on one or more servers under Licensee’s control for the sole purpose of providing data access services to Developed Software.

7.2 No general-purpose hosting or resale
Licensee may not offer the Server Software as a stand-alone hosted service, database server or data-access platform for use by unrelated third parties, except as an integrated component of Developed Software supplied by Licensee. Licensee may not market, brand or distribute the Server Software itself as a separate product.

7.3 Performance and intended use
Server Software is intended to enable remote and shared access to data in environments where direct local file access is not feasible or practical. It is not designed or warranted to provide performance improvements over local access to data files.

7.4 Remedies
Any use of the Server Software in violation of this Section 7 constitutes a material breach of this EULA and entitles Licensor to terminate Licensee’s right to use the Server Software and to pursue any remedies available under applicable law.

8. SUPPORT

Licensor provides limited technical support to Licensee related to the installation and basic use of the Software. Support is provided on a best-effort basis and is subject to the availability of Licensor’s personnel.

Any support provided by Licensor does not include a commitment to develop or deliver new features, enhancements, bug fixes or updates, and does not constitute a guarantee that any particular issue will be resolved or that the Software will operate without interruption or error in any specific environment. Licensor may also decline to provide support for versions of the Software that have reached end-of-life or are no longer supported.

Licensor reserves the right to limit or discontinue support in cases of misuse of the Software or abuse of support privileges, including but not limited to excessive or repetitive requests on the same issue, rude or harassing behavior, or repeated failure to follow reasonable instructions from Licensor.

9. UPDATES AND REVISIONS

Licensor reserves the right to modify, enhance or otherwise change the Software and/or Documentation at any time, without obligation to notify any person or organization of such changes.

From time to time, Licensor may make updates, upgrades or new versions of the Software available. Unless accompanied by a separate license agreement, any such updates, upgrades or new versions will be deemed part of the Software and will be subject to the terms of this EULA.

The right to use updates, upgrades or new versions may require that Licensee holds a valid license to the Software and, where applicable, has purchased any required upgrade or update rights from Licensor.

10. LIMITED WARRANTY AND DISCLAIMER

To the maximum extent permitted by applicable law, the Software is provided "as is" and "as available", with all faults and without any warranty of any kind, whether express, implied or statutory.

Licensor does not warrant that the Software will meet Licensee’s requirements, that the operation of the Software will be uninterrupted or error-free, or that any defects in the Software will be corrected. Licensor makes no representations or warranties with respect to the merchantability or fitness of the Software for any particular purpose, business or application. Any implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose and non-infringement, are expressly disclaimed to the fullest extent permitted by law.

If Licensor has provided physical media containing the Software and such media proves to be defective under normal use within a reasonable period from the date of delivery, Licensor’s entire liability and Licensee’s exclusive remedy shall be, at Licensor’s option, the replacement of the defective media or the provision of access to download a replacement copy of the Software, where electronic distribution is available.

In no event shall Licensor be liable to Licensee or to any third party for any special, incidental, consequential, indirect or similar damages, including but not limited to loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or in connection with the use of or inability to use the Software, even if Licensor has been advised of the possibility of such damages.

In all cases, Licensor’s aggregate liability for any and all claims arising out of or related to this EULA or the use of the Software, whether in contract, tort or otherwise, shall not exceed the total amount actually paid by Licensee for the license to use the Software giving rise to the claim.

11. LIMITATIONS

This EULA grants Licensee only those rights to use the Software, Copies of the Software and Documentation that are expressly set forth herein. No other rights are granted, whether by implication, estoppel or otherwise.

Licensor retains all right, title and interest in and to the Software, Copies of the Software and Documentation, including all intellectual property rights therein.

Licensee agrees to take all reasonable steps to protect the Software, Copies of the Software and Documentation from unauthorized publication, use, reproduction or distribution.

12. TERM AND TERMINATION

This EULA becomes effective on the earlier of (a) the date Licensee first installs or uses the Software, or (b) the date Licensee first receives the Software, and shall continue in effect unless and until terminated in accordance with this Section 12.

Licensee may terminate this EULA at any time by ceasing all use of the Software and destroying all Copies of the Software and Documentation in Licensee’s possession or control.

Licensor may terminate this EULA, in whole or in part, immediately upon written notice to Licensee if Licensee fails to comply with any material term or condition of this EULA and, where the breach is curable, fails to cure such breach within a reasonable period after receiving notice.

Upon termination of this EULA for any reason, the rights granted to Licensee under this EULA shall immediately cease, and Licensee shall (a) cease all use of the Software, (b) destroy or permanently delete all Copies of the Software and Documentation in its possession or control, and (c) stop distributing any further copies of Developed Software that incorporate the Software. Termination of this EULA shall not limit any other rights or remedies that may be available to Licensor under applicable law or in equity.

13. APPLICABLE LAW

This EULA shall be governed by and construed in accordance with the laws of Mexico, without regard to its conflict of laws principles.

14. ENTIRE AGREEMENT

Licensee acknowledges that Licensee has read this EULA, understands it and agrees to be bound by its terms and conditions.

Licensee further agrees that this EULA constitutes the complete and exclusive statement of the agreement between Licensor and Licensee and supersedes all prior or contemporaneous agreements, proposals and communications, whether oral or written, relating to the subject matter of this EULA. Any terms or conditions contained in any purchase order, acknowledgment, correspondence or other document issued by Licensee shall be of no force or effect unless expressly agreed to in a written agreement signed by both Licensor and Licensee.

END OF AGREEMENT.
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