DAC for EnterpriseDB distribution permissions and end-user license agreement

Agreement

microOLAP Technologies Ltd ("microOLAP") provides DAC for EnterpriseDB compiled units ("Software"), and optionally purchased source code ("Source Code"), and licenses its use for you ("Customer"). Customer agrees to all the terms and conditions of this agreement.

License Grant

microOLAP hereby grants to Customer a non transferable and non exclusive License to use Software in accordance with the terms and conditions of this agreement.

Copyright

This Software is protected by United States Copyright Law. microOLAP retains ownership of Software. microOLAP owes title and copyright to Software and accompanying documentation just as any copies made by Customer. Unauthorized copying of Software or the documentation will result in automatic termination of this license.

Entire Agreement

This document constitutes the entire agreement between microOLAP and Customer and may only be modified by a written document signed by both parties. Neither microOLAP nor Customer is bound by any oral agreement or presentation.

I. Terms and Conditions

A. In case of single user license microOLAP authorizes Customer to install and use Software on one Customer owned computer, by one designated user. Additional Licenses are required for additional users using the Software and computers on which the Software is installed. Accessing Software on any server requires a license for any user who has installed Software components into their development
environment.

B. In case of SITE license microOLAP authorizes Customer to install and use Software on unlimited number of computers, at the same physical SITE location. This SITE location would normally be defined as a single building, but could be considered to be a number of buildings within the same, in general, geographical location, such as an industrial estate or small town.

C. Customer may not lease, rent, or resell Software or any derivative product which competes directly or indirectly with Software or provides generally similar compiler-to-database interface without prior written agreement of microOLAP.

D. Software Source Code is trade secret. It is confidential and cannot be published in any format or media without prior written consent of microOLAP.

E. microOLAP authorizes Customer to make archival copies of Software for the sole purpose of backing up Software. All other copying is prohibited. All copies permitted to be made by this agreement must bear the following notice: "Copyright 1999-2005 microOLAP Technologies Ltd. All rights reserved. Unauthorized use, duplication or distribution strictly prohibited by Federal Law."

F. microOLAP does not authorize customer to distribute Software Source Code. microOLAP authorizes Customer to distribute Compiled Units (DCUs) provided with Software or derivatives with the following conditions:

- Customer may not remove the microOLAP Technologies Ltd copyright, trademark, or any other proprietary notice.
- Customer will indemnify and hold microOLAP harmless from and against any claims or liabilities arising out of the use, reproduction, or distribution of Customer programs.
- Customer programs or compiled units may not be merely a set or subset of Software.
- Customer programs or compiled units may not be generally competitive with or a substitute for Software.

G. microOLAP reserves the right to modify Software without regard to Customer`s own modifications or usage.

H. You agree that microOLAP may use your name and logo in presentations, marketing materials, customer lists, financial reports and web site listings of customers. If you wish to use microOLAP`s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features, you may do so, so long as such use is in compliance with this Agreement.


II. Limited Warranty

A. microOLAP MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, IN FACT OR LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. microOLAP DOES NOT WARRANT THAT THE OPERATION OF SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.

B. CUSTOMER AGREES THAT ALL WARRANTIES ARE IMMEDIATELY NULL AND VOID IN THE EVENT OF MODIFICATION OR ALTERATION OF SOFTWARE.

III. Limitation of Liability

NOTWITHSTANDING THE FORM (E.G. CONTRACT, NEGLIGENCE OR OTHERWISE) IN WHICH ANY LEGAL OR EQUITABLE ACTION MAY BE BROUGHT AGAINST microOLAP, microOLAP SHALL NOT BE LIABLE FOR DAMAGES WHICH EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY CUSTOMER FOR SOFTWARE. IN NO EVENT SHALL microOLAP BE LIABLE FOR ANY DAMAGES, WHETHER ARISING FROM TORT OR CONTRACT, INCLUDING LOSS OF DATA, LOST PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SOFTWARE OR ACCOMPANYING DOCUMENTATION, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF microOLAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. CUSTOMER ACKNOWLEDGES THAT THE LICENSE FEE REFLECTS THIS ALLOCATION OF RISK.

IV. Governing Law

This Agreement shall be construed, interpreted and governed by the laws of the State of New Jersey, USA.

(c) 1999-2006 microOLAP Technologies Ltd.

Trial version of this software may be freely distributed.

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