END-USER LICENSE AGREEMENT FOR FRANK TH. VAN DE VEN'S SOFTWARE
IMPORTANT - READ CAREFULLY: This Frank Th. van de Ven ("FRANK") End-User License Agreement ("EULA") is a legal agreement between you ("Licensee"), a developer of software applications, and FRANK for the FRANK software product accompanying this EULA, which includes computer software and may include associated source code, media, printed materials, and "on-line" or electronic documentation ("VENTURA"). By installing, copying, or otherwise using VENTURA, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install, use, distribute in any manner, or replicate in any manner, any part, file or portion of VENTURA.
VENTURA is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. VENTURA is licensed, not sold.
The Licensee is considered to be an authorized licensee ("Authorized") if the Licensee has legitimately obtained a registered license for VENTURA from FRANK or an authorized FRANK reseller.
INTELLECTUAL PROPERTY RIGHTS. If the licensed right of use for VENTURA is purchased by the Licensee with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any FRANK intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any products created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local and international law.
GRANT OF LICENSE. This EULA, if legally executed as defined herein, licenses and so grants the Licensee the following rights:
Evaluation. If the downloaded VENTURA software is designated as an Evaluation or Trial Version ("Evaluation Version"), the Licensee is granted a license for a period of only thirty (30) days after installation of the Evaluation Version of VENTURA ("Evaluation Period"). After the Evaluation Period, the Licensee must either:
- Delete VENTURA and all related files from ALL computers onto which it was installed or copied, or
- Contact FRANK or one of its authorized resellers to purchase VENTURA.
The Licensee may use the Evaluation Version of VENTURA for evaluation purposes only. The Licensee may not distribute ANY of the files, in any form or manner, provided with the Evaluation Version of VENTURA to ANY PARTIES.
Development. FRANK grants the Licensee the non-exclusive license to install and use multiple copies of VENTURA or any prior version for the sole purpose of developing any number of end user applications that operate in conjunction with VENTURA. If the Licensee is not Authorized, the Licensee may not use VENTURA beyond the Evaluation Period.
If the Licensee has purchased a per developer license ("Single Developer License"), the Licensee is Authorized to use VENTURA indefinitely beyond the Evaluation Period. A Single Developer License for VENTURA may not be shared or used concurrently by more than one individual developer. In a project that uses VENTURA, each individual developer on the project requires a separate Single Developer License, regardless of whether they directly use the component or not. Single Developer Licenses may also be obtained in team discount packs.
If the Licensee has purchased a site license ("Site License"), each of the developers at a single physical location is considered Authorized according to the terms and conditions of the Single Developer License. Each additional physical location requires an additional Site License to be considered Authorized.
If the Licensee has purchased an enterprise license ("Enterprise License"), all developers in the Licensee's organization, regardless of location, are considered Authorized according to the terms and conditions of the Single Developer License.
License Key. When purchasing a Single Developer License, Site License or Enterprise License, the Licensee receives a license key ("License Key") that will allow you to use VENTURA beyond the thirty (30) day Evaluation Period. The Licensee shall be responsible for maintaining the License Key in a safe location and is specifically prohibited from distributing the License Key, intentionally or unintentionally, to any third party not authorized by this License Agreement. Upon loss or distribution of the License Key, the Licensee shall be required to pay a reinstatement fee at FRANK's discretion.
Duplication and Distribution. VENTURA may include certain files ("Redistributables") intended for distribution by the Licensee to the users of programs the Licensee creates. Redistributables include, for example, those files identified in printed or electronic documentation as redistributable files, or those files pre-selected for deployment by an install utility provided with VENTURA (if any). In any event, the Redistributables for VENTURA are only those files specifically designated as such by FRANK.
Subject to all of the terms and conditions in this EULA, if the Licensee is Authorized, FRANK grants the Licensee the non-exclusive, royalty-free license to duplicate the Redistributables and to distribute them solely in conjunction with software products developed by the Licensee that use them. The Licensee may not supply any means by which end users could incorporate VENTURA or portions thereof into their own products.
AT NO TIME MAY LICENSEE CREATE ANY TOOL, REDISTRIBUTABLE, OR PRODUCT THAT DIRECTLY OR INDIRECTLY COMPETES WITH ANY FRANK PRODUCT(S), INCLUDING BUT NOT LIMITED TO THE SOFTWARE DEVELOPMENT PRODUCT(S), BY UTILIZING ALL OR ANY PORTION OF THE FRANK SOFTWARE DEVELOPMENT PRODUCT(S).
Distribution by the Licensee of any design-time tools (EXE's or DLL's), executables, and source code distributed to Licensee by FRANK as part of this SOFTWARE DEVELOPMENT PRODUCT(S) and not explicitly identified as a redistributable file is strictly prohibited. The Licensee shall not develop software applications that provide an application programming interface to the SOFTWARE DEVELOPMENT PRODUCT(S) or the SOFTWARE DEVELOPMENT PRODUCT(S) as modified.
The complete list of Redistributables for the VENTURA SQL product is as follows: VenturaSQL.NETStandard.dll (client runtime), VenturaSQL.AspNet.dll (server runtime) and VenturaSQL.AspNetCore.dll (server runtime).
Distribution limitation for the Individual License ("Individual License") for the VENTURA SQL product only. The Individual License is a variant of the Single Developer License and has the following limitation: It is not allowed to redistribute the VenturaSQL.AspNet.dll and VenturaSQL.AspNetCore.dll server runtime binaries to the users of programs the Licensee creates.
Storage/Network Use. The Licensee may also store or install a copy of VENTURA on a storage device, such as a network server, used only to install or run VENTURA on the the Licensee's other computers over an internal network; however, the Licensee must acquire and dedicate a Single Developer License for each separate individual developer who wishes to use VENTURA.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
Limitations on Reverse Engineering, Decompilation, and Disassembly. The Licensee may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble VENTURA, and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. The Licensee agrees to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of VENTURA or any of its constituent parts and redistributables to the fullest extent of all applicable local and International Laws and Treaties regarding anti-circumvention.
Rental. The Licensee may not rent, lease, or lend VENTURA.
Separation of Components, Their Constituent Parts and Redistributables. VENTURA is licensed as a single product. VENTURA and its constituent parts and any provided redistributables may not be reverse engineered, decompiled, disassembled, nor placed for distribution, sale, or resale as individual creations by the Licensee or any individual not expressly given such permission by FRANK. The provision of Source Code, if included with VENTURA, does not constitute transfer of any legal rights to such code, and resale or distribution of all or any portion of all Source Code and intellectual property will be prosecuted to the fullest extent of all applicable local and international laws. All FRANK libraries, Source Code, Redistributables and other files remain FRANK's exclusive property. The Licensee may not distribute any files, except those that FRANK has expressly designated as Redistributable.
Installation and Use. The license granted in this EULA for the Licensee to create his/her own compiled programs and distribute the Licensee's programs and the Redistributables (if any), is subject to all of the following conditions:
- All copies of the programs the Licensee creates must bear a valid copyright notice.
- The Licensee may not remove or alter any FRANK copyright, trademark or other proprietary rights notice contained in any portion of FRANK libraries, source code, Redistributables or other files that bear such a notice.
- FRANK provides no warranty at all to any person, and the Licensee will remain solely responsible to anyone receiving the Licensee's programs for support, service, upgrades, or technical or other assistance, and such recipients will have no right to contact FRANK for such services or assistance.
- The Licensee will indemnify and hold FRANK, its related companies and its suppliers, harmless from and against any claims or liabilities arising out of the use, reproduction or distribution of the Licensee's programs.
- The Licensee's programs containing VENTURA must be written using a licensed, registered copy of VENTURA.
- The Licensee's programs must add primary and substantial functionality, and may not be merely a set or subset of any of the libraries, Source Code, Redistributables or other files of VENTURA.
- The Licensee may not use FRANK's or any of its suppliers' names, logos, or trademarks to market the Licensee's programs, unless expressly given such permission by FRANK.
Support Services. FRANK may provide the Licensee with support services related to VENTURA ("Support Services"). Use of Support Services is governed by FRANK policies and programs described in the user manual, in on-line documentation and/or other FRANK provided materials. Any supplemental software code provided to the Licensee as part of the Support Services shall be considered part of VENTURA and subject to the terms and conditions of this EULA. With respect to technical information the Licensee provides to FRANK as part of the Support Services, FRANK may use such information for its business purposes, including for product support and development.
Software Transfer. The Licensee may NOT permanently or temporarily transfer ANY of the Licensee's rights under this EULA to any individual or entity. Regardless of any modifications which the Licensee makes and regardless of how the Licensee might compile, link, and/or package the Licensee's programs, under no circumstances may the libraries, redistributables, and/or other files of VENTURA (including any portions thereof) be used for developing programs by anyone other than the Licensee. Only the Licensee as the licensed end user has the right to use the libraries, redistributables, or other files of VENTURA (or any portions thereof) for developing programs created with VENTURA. In particular, the Licensee may not share copies of the Source Code or Redistributables with other co-developers.
Termination. Without prejudice to any other rights or remedies, FRANK will terminate this EULA upon the Licensee's failure to comply with all the terms and conditions of this EULA. In such event, the Licensee must destroy all copies of VENTURA and all of its component parts including any related documentation, and must remove ANY and ALL use of such technology immediately from any applications using technology contained in VENTURA developed by the Licensee, whether in native, altered or compiled state.
Upgrades. If VENTURA is labeled as an upgrade, the Licensee must be properly licensed to use VENTURA identified by FRANK as being eligible for the upgrade in order to use VENTURA. VENTURA software labeled as an upgrade replaces and/or supplements VENTURA software that formed the basis for the Licensee's eligibility for the upgrade, and together constitute a single software product. The Licensee may use the resulting upgraded VENTURA software only in accordance with all the terms of this EULA.
COPYRIGHT. All title and copyrights in and to VENTURA (including but not limited to any images, demos, source code, intermediate files, packages, photographs, animations, video, audio, music, text, and "applets" incorporated into VENTURA), the accompanying printed materials, and any copies of VENTURA are owned by FRANK or its subsidiaries. VENTURA is protected by copyright laws and international treaty provisions. Therefore, the Licensee must treat VENTURA like any other copyrighted material except that the Licensee may install VENTURA for use by the Licensee. The Licensee may not copy any printed materials accompanying VENTURA.
GENERAL PROVISIONS. This EULA may only be modified in writing signed by the Licensee and an authorized officer of FRANK. If any provision of this EULA is found void or unenforceable, the remainder will remain valid and enforceable according to its terms.
MISCELLANEOUS. This EULA is governed by the laws of the Netherlands.
If VENTURA was acquired outside the Netherlands, then the Licensee, agrees and ascends to the adherence to all applicable international treaties regarding copyright and intellectual property rights which shall also apply. In addition, the Licensee agrees that any local law(s) to the benefit and protection of FRANK ownership of, and interest in, its intellectual property and right of recovery for damages thereto will also apply.
Should you have any questions concerning this EULA, please contact me at email@example.com.
NO WARRANTIES. FRANK EXPRESSLY DISCLAIMS ANY WARRANTY FOR VENTURA. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH THE LICENSEE.
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRANK OR ITS 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, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE VENTURA OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF FRANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright © 2013-2020 Frank Th. van de Ven.