DBX4MySQL distribution permissions and end-user license agreement
microOLAP Technologies LLC ("microOLAP") provides DBX4MySQL compiled units
("Software"), and optionally purchased source code ("Source Code"), and licenses
it`s use to you ("Customer"). Customer agrees to all the terms and conditions of this
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.
This Software is protected by United States Copyright Law. microOLAP retains
ownership of Software. Title and copyright to Software and accompanying
documentation and any copies made by Customer remain with microOLAP.
Unauthorized copying of Software or the documentation will result in automatic
termination of this license.
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
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. Distributed developers working as
the same project team may use SITE license also.
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 and confidential and cannot be
published in any format or media without prior written consent of
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 1999-2001 microOLAP
Technologies LLC. 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
- Customer may not remove the microOLAP Technologies LLC 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. Customer may not distribute executable utility programs (EXEs)
provided with Software.
H. microOLAP reserves the right to modify Software without regard to
Customer`s own modifications or usage.
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) 1997-2004 microOLAP Technologies LLC.
Trial version of this software may be freely distributed.