Dimitris Kokoutsidis, Sept 8, 2024, CyberFM
Many FileMaker developers rely on hardcoded license keys for plugin solutions. I have a few questions regarding this approach:
- Given the significant risks of license keys being exposed through tools that can bypass FileMaker passwords, how do FileMaker Plugin developers typically handle situations where these keys are compromised?
- One clause in the MBS plugin license states, “You agree to hide your license key inside your solutions so nobody can read them without disassembling the code.” However, this wording seems problematic, as it could allow End developers to simply obscure the license key without taking sufficient steps to secure it. They might claim that if an attacker uses tools like Passware, any resulting exposure is beyond their responsibility.
- Given this potential loophole, have Plugin developers considered revising such terms to require stronger protection measures, such as encryption, to ensure the license key is genuinely secure? How might Plugin developers enforce stricter security obligations on End developers to prevent unauthorized access and protect against income loss due to license leaks?
- Since End developers are obligated to secure the plugin license keys they receive, failure to encrypt *.fmp12 files before distribution constitutes a breach of contract with the Plugin developer.
- Given the legal implications of this negligence, as well as the potential financial losses for Plugin developers due to unauthorized use, how do Plugin developers typically address these breaches?
- —————-
What steps are taken to protect their interests and recover lost income when End developers fail to meet their security obligations?
What actions are generally taken to mitigate these risks and enforce license agreements? - —————
- Why hasn’t there been broader adoption of online licensing servers to monitor unauthorized use and automatically disable compromised licenses?
- Have any of you considered using advanced encryption methods, such as anamorphic encryption, to better protect these keys and enhance overall security?
Overview of Plugin License Texts
Following the blog post, you’ll find the detailed license texts for major FileMaker plugins. This section serves as a guide to understand how each plugin provider handles licensing terms and security obligations. Each plugin has been outlined based on the obligations and rights granted to end-users and developers.
Menu of Plugin Licenses:
- Productive Computing License
- MBS FileMaker Plugin License
- 24U Software License
- Troi Automatisering License
- 360Works License
- Dacons Mailit Plugin License
- CNS Plugins License
Each section below provides the full license text along with a summary of key terms to highlight the respective obligations and rights granted to users.
Productive Computing License
LICENSE
IMPORTANT: This Productive Computing, Inc. End-User License Agreement (“EULA”) is a legal AGREEMENT between you as a registered user and Productive Computing, Inc. for this Productive Computing software product. By installing, copying or otherwise using the software product,you agree to be bound by the terms of this EULA. If you do NOT agree to the terms of this EULA, then do NOT install or use this software product.
SOFTWARE PRODUCT LICENSE
This software product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This software product is licensed, not sold.
- GRANT OF LICENSE. This EULA allows you, the registered computer software user, the following rights:
- This software may be used only by you. You may install and use one copy of this software product, or any prior version thereof for the same operating system, on a single computer.
- DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
- Restrictions: You may not reverse engineer, decompile, modify or disassemble this software product. This software product is licensed as a single product. Its component parts may not be separated for use on more than one computer. You may not sell, distribute, rent, lease or lend this software product to any other party.
- Software Transfer: You may permanently transfer all of your rights under this EULA, as long as you no longer have any copies, transfer all of this software product, components, media, documentation (printed or otherwise) and the recipient agrees to all terms of this EULA.
Please Note:
This fully functional demo file is usable for 30 days. However, the demo will expire 2 hours from opening your FileMaker application. To reset please close and reopen your FileMaker application.
Licensing Details:
This is a SaaS (software as a service) product and requires an active subscription. A credit card will be kept on file for automatic renewal and will be charged annually unless your subscription is canceled.
MBS FileMaker Plugins License
Summary:
- You may use your license key with the licenses number of FileMaker installations.
- You agree not to share your license key or use someone else’s key.
- You agree to hide your license key inside your solutions so nobody can read them without disassembling the code.
- Academic licenses: you cannot use the MBS FileMaker Plugins for commercial purposes.
Christian Schmitz Software GmbH, of Nickenich Germany is the owner, developer and sole copyright holder of this product, which is licensed -not sold- to you on a non-exclusive basis.
You agree not to share your MBS FileMaker Plugins license key with anyone. If you share source code with a client, your client must have his own license key. If you have a developer license your client is not allowed to know your license key.
You agree to only use the license key provided directly to you by Christian Schmitz Software GmbH.
You may transfer your license to another person only after receiving written authorization from Christian Schmitz Software GmbH and only if the recipient agrees to be bound by the terms of this agreement.
You are free to test the plugins in demo mode inside FileMaker without time limit. You agree to not deliver any solution without a license.
You agree not to decompile, reverse engineer or modify any part of the MBS FileMaker Plugins.
Christian Schmitz Software GmbH reserves the right to cancel the license key(s) of any user who Christian Schmitz Software GmbH determines is in violation of this agreement.
THE WARRANTIES IN THIS AGREEMENT REPLACE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SOFTWARE IS PROVIDED “AS IS” AND Christian Schmitz Software GmbH DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES. IN NO EVENT WILL Christian Schmitz Software GmbH BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE KNOWLEDGE OF THE POTIENTIAL LOSS OR DAMAGE.
If you are located in Germany this agreement is subject to the laws of Germany. If you are located outside Germany local law may apply. Some states do not allow the exclusion of warranties, so the above exclusion may not apply to you.
The MBS Plugin can be tested on server without a license for up to 2 hours. Then our plugin will stop working and you may need to restart server to get into demo mode again.
A certain plugin version may not necessary work in a future version of FileMaker. The purchase of a new license (or update/upgrade) may be required.
PS: Christian Schmitz Software GmbH is a limited liability company. See for details: http://en.wikipedia.org/wiki/GMBH
How to register 24U SimpleFile Plug-In
Why should I register?
24U SimpleFile Plug-In is distributed as shareware. This means that it is NOT a free product. You may try 24U SimpleFile Plug-In out for 14 days. After that time, you should buy a license, or stop using it.
How do I register?
Paying for 24U SimpleFile Plug-In is fairly simple. You can easily register on-line at 24U website.
To register on-line, go to 24U software product list or buy 24U SimpleFile Plug-In directly from product page http://www.24usoftware.com/SimpleFile.
24U Software License Agreement
- Introduction. This Software License Agreement (the “Agreement”) is an agreement concluded between you and 24U. Please read through the terms of this Agreement carefully. Installing, copying, accessing or otherwise Using the Software or any part of it you agree with this Agreement. If you do not agree with any term hereof, quit installing the Software, uninstall all Software components already installed and you do not have any right to Use the Software.
- Definitions. The terms written with capital first letters throughout this Agreement have the following meaning (in alphabetic order):
- “24U” shall mean 24U s.r.o., a company incorporated under Czech law, registered in the Commercial Register with the Municipal Court in Prague, section C, entry 74290, with its registered office at Zvole, Skochovická 88, postal code 25245;
- “Bug Fix” shall mean a version of the Software rectifying bugs (errors) of the preceding version of the Software. “Bug Fix” bears a version number (x.y.z) increased by one in the revision-number sequence (z) compared with the preceding version of the Software;
- “Computer” shall mean any electronic device equipped with processor (CPU), which enables Using the Software;
- “Copy” shall mean the exact object code copy of the Software;
- “Customer” shall mean a person for whom or on whose behalf you develop the Developer Software, who holds a license to the Developer Software or who otherwise in own name utilizes the Developer Software;
- “Developer Software” shall mean software, computer application or other product you developed, in which the Software is incorporated or bundled;
- “License” shall mean the license granted to you by this Agreement;
- “Maintenance” shall mean all Bug Fixes, Updates and Upgrades of the Software released by 24U and offered to licensees of the Software in general (i.e. the Maintenance does not include made-to-measure solutions developed for concrete client or clients of 24U);
- “Software” shall mean the computer software you are downloading, installing, or purchasing from 24U or to which this Agreement is otherwise attached. The Software shall include all its content and materials, whether in electronic or hard form, provided in connection with it. Software shall also mean any updated, upgraded or otherwise modified version of the Software as well as all copies of the Software in any form;
- “Update” is a version of the Software adjusting the present functions of the Software or/ and adding minor new functions to the Software and/or rectifying bugs (errors) of the preceding version of the Software. “Update” bears a version number (x.y.z.) increased by one in the minor-number sequence (y) compared with the preceding version of the Software;
- “Upgrade” is a version of the Software that changes or supplements present functions of the Software in a substantial way. “Upgrade” bears a version number (x.y.z.) increased by one in the major-number sequence (x) or by two or more in the minor-number sequence (y) compared with the preceding version of the Software;
- “Use of the Software”, “Using” etc. shall mean to utilize the Software in accordance with its purpose and adequately to its nature and function. It shall include installing, copying, accessing, running, bundling the Software or otherwise benefiting from the Software;
- “User” shall mean any individual who utilizes or accesses the Software either directly or through the Developer Software by means of a Computer, or has such possibility.
- The License. 24U hereby grants you a non-exclusive License for Using the Software under the terms as follows. The License is granted to you either as an End User License (3.1.) or as a Developer License (3.2.) or as a Server License (3.3.). Unless agreed otherwise, the License granted under this Agreement is the End User License.
- End User License. If you purchased the End User License, you may Use the Software only to your personal needs, internal needs of your business or internal needs of your non- profit activity. You may not copy or reproduce the Software, unless it is necessary for proper Use of the Software in accordance to its purpose and function. The End User License is granted either as a Regular End User License (3.1.1.) or as a Volume End User License (3.1.2.) or as a Site End User License (3.1.3.) or as a Device License (3.1.4.). Unless agreed otherwise, the End User License granted under this Agreement is the Regular End User License.
- Regular End User License. On the basis of the Regular End User License, 1 (one) Copy of the Software may be Used by 1 (one) User, including access through LAN or other technology enabling remote access (unless agreed otherwise). The License includes all Bug Fixes and Updates released by 24U and offered to the Software licensees in general, but does not include any Upgrades of the Software.
- Volume End User License. On the basis of the Volume End User License, the agreed number of Copies of the Software (10 Copies, unless a higher number has been agreed) may be Used by the agreed number of Users (10 Users, unless a higher number has been agreed), including access through LAN or other technology enabling remote access..
- Site End User License. On the basis of the Site End User License, the Software may be Used by your staff in particular premises, offices, affiliate or other establishment (“Site”) where you operate your business or non-profit activity; the identification of the Site (address, identification number etc.) that you provided to 24U either in the order for the Software or in connection with the payment for the License or otherwise in writing is an integral part of this Agreement. The Software may be Used by no more than the number of seats on the Site you reported to 24U prior to conclusion of this Agreement plus 10 percent (for the case that the overall number of seats on the Site will increase during the period of the License). You hereby represent that the reported number of seats on the Site corresponds to the overall number of staff on the Site who can access the Software at the time of conclusion of this Agreement or to the overall number of Computers on the Site on which the Software can be Used at the time of conclusion of this Agreement, whichever is lower; a possible increase in the number of seats during the period of the License according to the preceding sentence shall be counted in the same way. Within the framework of the activity operated on the Site, the Software may be Used also outside the Site on portable and home Computers of the staff of the Site so long as they are the members of the staff of the Site; the number of portable and home Computers on which the Software is or can be Used in this way shall be counted in the reported number of seats on the Site according to the preceding sentence. The Software may not be Used to host application for third parties on the basis of the Site End User License.
- Device License. If the purpose of the Software is to control or communicate with physical hardware devices and any kind of End User License is provided as a Device License, then each licensed User is only allowed use the Software on or with up to the number of identifiable physical devices equal to the size of the license (number of agreed Users).
- Developer License. If you purchased the Developer License, you may Use the Software exclusively through incorporating or bundling the Software in the Developer Software (3.2.1.) or in the script bundles or application bundles (3.2.2.). You may Use the Software for supporting purposes too (3.2.3.). The Developer User License is granted either as a Volume Developer License (3.2.1.) or as a App License (3.2.2.). Unless agreed otherwise, the Developer License granted under this Agreement is the Volume Developer License.
- Volume Developer License. Unless agreed otherwise, the Volume Developer License allows you to Use the Software in one or more Developer Software solutions used by an unlimited number of your Customers. You have the right to distribute the Software to your Customers (and grant sublicenses to your Customers to Use the Software) within the Developer Software and in accordance with its purpose and function, provided that you ensure that on the basis of each sublicense (i) Customers may Use the Software exclusively internally, (ii) the total number of Copies of the Software Used by you internally and your Customers does not exceed the number of Users included in the License, and (iii) the Software may not be accessed by more than the number of Users included in the License across all your Customers, including your internal Users; these numbers include access through LAN or other technology enabling remote access. The number of Users can be further clarified by specifying the kinds of End User Licenses as the sublicense you are allowed to grant to your customers. The above-mentioned arrangement applies, unless agreed otherwise.
- App License. If the Developer License under this Agreement is granted for a specific app or script you develop, identified by the Application Bundle ID provided with the purchase, you may Use the Software in the specified script or app without limitation by number of Copies or Customers. For that purpose you may distribute the Software to your Customers (and grant non-exclusive sublicenses to your Customers for Use of the Software) within your script bundles or application bundles and in accordance with their function. You may not Use the Software in other way than provided in this point (point 3.2.3. shall remain unaffected). The above-mentioned arrangement applies, unless agreed otherwise.
- You may Use the Software also internally for developing, testing or maintaining the Developer Software. You may not grant sublicenses to the Software under this point. You may make one backup Copy of the Software for storage purposes; the backup Copy may not be installed on any Computer or Used.
- The sublicenses you grant to the Customers shall be based on a written agreement which shall provide at least that (i) the Software is licensed not sold and the title to the Software remains with 24U, (ii) the sublicense is granted as non-exclusive and royalty-free (apart from the price of the Developer Software license), (iii) the Customer may not grant further sublicenses to the Software (end-customer), (iv) the Software can be used only within the Developer Software in which it is incorporated or with whom it is bundled, unless an additional license is granted by 24U; the agreement shall further provide restrictions and limited warranty disclaimer substantially similar to those provided in this Agreement. The Developer Software shall not compete with the Software. You shall ensure compliance with
the terms of the sublicense also through technical means, which you shall employ in the Developer Software. You are solely responsible for providing technical support to the Customers and you may not advise any Customer to contact 24U for technical support regarding the Software or Developer Software.
- You shall include the following notice in the Developer Software’s “about” screen and in any documentation accompanying the Developer Software: “Sublicensed product [product name] utilized in this solution is copyright © 2000-2023 24U Software. All rights reserved.” If you wish to disable 24U’s splash dialogs in the Developer Software, 24U enables you to inactivate the dialog if you prove that you comply with 24U’s copyright; the form of the proof is at 24U’s discretion.
- Server License. If you purchased the Server License, you may Use the Software only to your personal needs, internal needs of your business or internal needs of your non-profit activity. You may not copy or reproduce the Software, unless it is necessary for proper Use of the Software in accordance to its purpose and function. Unless agreed otherwise, you may install 1 (one) Copy of the Software on 1 (one) server which provides access to the Software to an unlimited number of Users without installation of the Software on the Computers of the Users.
- Perpetual and Subscription License. Any End User License, Developer License, or Server License license can be provided either as Perpetual License (3.4.1.) or Subscription License (3.4.2.). If neither is explicitly specified it is assumed that the license is provided as Perpetual License.
- Perpetual License. If the license is provided as Perpetual License, or if license validity period is not specified, then the license is provided for unlimited time, unless terminated in accordance with this Agreement. The Perpetual License includes all Bug Fixes and Updates released for the licensed version of the Software, but it does not include Upgrades. The License includes the Maintenance for the period of 1 (one) year, unless agreed otherwise.
- Subscription License. If the license is provided as Subscription License, it is granted for the period of 1 (one) year, unless agreed otherwise; for prolongation of the License you have to pay a prolongation fee according to the 24U’s price list prior to expiration of the License. The Subscription License includes all Bug Fixes, Updates, and Upgrades released by 24U and offered to the Software licensees during the active subscription period.
- Unless agreed otherwise or unless the law provides otherwise, you may not copy, reproduce, translate, adapt, rearrange or otherwise alter the Software or its source code. You may not otherwise interfere with the 24U’s copyright, especially counterfeit the Software or enable unauthorized use or disposition of the Software to third persons (you are responsible protection of the License information, especially the registration codes or access rights and you shall keep them confidential). You shall present 24U’s name with the Software and all other copyright and proprietary notices designated by 24U in the form designated by 24U. You may not inactivate any Software components, including splash dialogs, even if bundling or incorporating the Software, except what 24U expressly permits.
- All rights not expressly granted to you by this Agreement remain 24U’s domain. The source code of the Software is subject to 24U’s trade secret (unless 24U makes the source code public) and you agree, to the highest extent permitted by the applicable law, not to decompile, study, engineer or otherwise attempt to discover the source code. If the applicable law permits you to decompile, study, engineer or otherwise discover the source code, you shall first ask 24U for the information you want to acquire through decompilation, studying, engineering or otherwise discovering the source code and not start decompiling,
studying, engineering or otherwise discovering the source code before 24U refuses to provide the information or does not provide the information within a reasonable time; the provision of information may be charged.
- The Software may contain components copyrighted by third parties; the list of the third- party software contained in the Software is included in the documentation provided with the Software. 24U grants you a non-exclusive sublicense to use this third-party software in the same extent as the Software and solely within the Software (for the purpose of the functionality of the Software and as incorporated in or bundled with the Software by 24U). For more extensive use of the third-party software, you must obtain a license from its owner. 24U is responsible for providing you with technical support concerning the third-party software; owner of the third-party software may refuse any request for technical support.
- The License is not granted to you before the whole price of the Software (License) is paid. If any part of the price of the Software (License) shall be paid later than one month after delivery of the Software, the preceding sentence shall not apply, but if you are in delay with payment of the price or any part of it, the License shall be suspended during the delay. If you are in delay with any other payment in connection with the Software appertaining to 24U, the License shall be suspended during the delay.
- You may not transfer or pledge the License without written consent of 24U. You may not grant sublicenses to the Software or distribute the Software whether separately or incorporated in or bundled with other software unless this Agreement or another agreement concluded between 24U and you expressly provides otherwise.
- Special Licensing Provisions.
- Maintenance. If your License includes Maintenance, you have the right to obtain all the Bug Fixes, Updates and Upgrades released by 24U for the Software within the agreed period (unless agreed otherwise, the period makes 1 (one) year). You do not have a right to be provided with specific problem solutions within the Maintenance services. You may Use the software provided as a part of the Maintenance only in accordance with its purpose and function (i.e. as a bug fix, update or upgrade of the Software) and only on the condition that you comply with the licensing terms of the Software; beyond this arrangement, no separate license to Use the Maintenance software is granted to you. The Maintenance and the Maintenance software are subject to provisions of this Agreement to the extent as applicable. You may prolong the Maintenance by payment of a prolongation Maintenance fee according to the 24U’s pricelist prior to expiration of the Maintenance period; if you wish to renew the Maintenance after expiration of the Maintenance period or to order the Maintenance that has not been subject to your License so far, you shall pay an increased Maintenance fee according to the 24U’s pricelist.
- Beta Software. If the Software is identified as beta or other pre-release version of the Software, you may Use the Software only for internal test purposes and you may not grant sublicenses to the Software. You represent that you are aware that the Software has not been fully tested, may contain substantial errors and you assume the entire risk connected with the Software. 24U does not warrant that the final version of the Software will be released. Upon release of the final version of the Software you may not further Use beta or other pre-release version of the Software; 24U may define the License to Use beta or other pre-release versions of the Software in a different way.
- Education License. If you purchased any of the Licenses provided in point 3 as an Education License, the Software may be Used only by students and faculty of an accredited
educational institution of primary, secondary or higher education (as long as the Users enjoy the status of students or faculty members of the respective educational institution) as a part of the teaching process. Other License terms provided in point 3 applying to the License you purchased remain unaffected.
- Non-Profit License. If you purchased any of the Licenses provided in point 3 as a Non- Profit License, the License may be Used only for and within the non-profit activity you operate. A non-profit activity shall be understood as an activity which is beneficial to the public and which by definition brings no profit or, if it does, the entire profit is reinvested to the non-profit activity. Other License terms provided in point 3 applying to the License you purchased remain unaffected.
- Limited Warranty; Limited Liability.
- 24U hereby warrants that the Software will be free of defects during 90 (ninety) days from the day of receipt of the Software, providing that the Software will be Used pursuant to 24U’s recommendations. The Software is deemed received on the day when you have first the opportunity to Use the Software, even on the basis of an evaluation version. A defect in the Software is only a substantial imperfection in function of the Software; a deviation from the function of the Software that is generally not regarded as a defect in case of software of the same kind shall not be regarded as a defect in the Software. Functions that the Software shall have are exclusively those expressly provided by 24U to you or to the public (if any). A feature (defect) of the Software which could have been revealed in course of Use of the evaluation version of the Software cannot be claimed as a defect in the Software (even if you opted not to Use the evaluation version of the Software). Maintenance is subject to the warranty period of the Software (first sentence); Maintenance provided after the warranty period of the Software, are not subject to any warranty. The limited warranty does not cover defects resulting from misuse or abuse of the Software, a virus, accident or other external event.
- You shall inspect the Software without any delay after you receive it and notify 24U of possible defects in the Software in the same time. The option on how to remove the defect appertains to 24U. 24U may remove the defect through repairing the Software, replacing the Software or refunding the price paid for the Software; the replacement Software shall be warranted for the remainder of the original warranty period or for 30 (thirty) days from the day of receipt of the replacement Software, whichever is longer.
- The limited warranty set forth in point 5.1 is the only warranty 24U gives you and rights set forth in point 5.2 are your exclusive remedy for the case of breach of the warranty. Except what expressly provided in this Agreement, the Software is provided to you “as is” and 24U disclaims any warranty, whether express or implied, as well as any warranty of merchantability or fitness of the Software for a particular purpose. Information on your motives or intentions in connection with the Software provided to 24U does not give rise to any warranty claim. 24U does not warrant any specific results or achievements of the Software and that the operation of the Software will be error-free or that the errors will be corrected. 24U does not warrant or promise anything in relation to (i) beta or other pre-release versions of the Software, (ii) Software acquired free of charge and (iii) evaluation versions of the Software (shareware).
- 24U’s aggregate liability arising from or relating to Use of the Software by you (including your sublicensees and all persons accessing the Software on the basis of the License granted to you) shall not exceed the aggregate price you have paid for the
Software to 24U. 24U disclaims any higher liability and all liability for special, incidental, consequential or punitive damages, even if advised of possibility of that liability. You shall take all reasonable measures to prevent damages; if you fail to do so, 24U is not obliged to recover damages that could have been avoided. Accepting this Agreement you expressly accept all these disclaimers. This provision remains unaffected by termination of this Agreement.
- Links to third persons’ web sites may be included in the Software. These links are provided only for your convenience and 24U does not assume any responsibility for the web sites of third persons and their content.
- You shall comply with all legal and other official measures relating to Use, distribution and disposition of the Software.
- If a court or out-of-court claim is raised against 24U in connection with the Developer Software, you shall discharge 24U of that claim and indemnify 24U for any damages, loss or costs incurred in that connection.
- General Provisions.
- Quantity discounts offered by 24U apply only if the respective quantity is purchased at once (i.e. a quantity discount does not apply if the respective quantity is reached by subsequent purchase of additional Users to the License).
- This Agreement is the entire agreement and License between you and 24U in relation to the Software and supersedes all prior oral or written proposals, communications, and representations. This Agreement may be amended only in writing on the basis of understanding of both parties. Amendments, supplements and additions to this Agreement as well as special arrangements to this Agreement (point 6.6.) are integral parts of this Agreement. Written agreements concluded between the parties after execution of this Agreement and concerning wholly or partially the subject matter of this Agreement shall prevail over this Agreement, even if not expressly identifying this Agreement. Unless 24U expressly declares otherwise, no person (especially a distributor or a sales person) is authorized to act on its behalf in the subject matter of this Agreement.
- Upon 24U’s request, you shall, within 15 days after the request, fully document that you Use the Software in accordance with this Agreement. If the documentation is not sufficient, you shall, at 24U’s discretion, add the documentation or enable a physical control of Use of the Software on your site.
- 24U may withdraw from this Agreement if you breach any of provisions of this Agreement; this Agreement terminates at the moment when you receive the notice of withdrawal (which may be given also in electronic form). You may terminate this Agreement anytime by a notice delivered to 24U (also in electronic form) or by destroying the Software, all its components and copies. Upon termination of this Agreement, you shall destroy the Software, all its components and copies or return them to 24U (the next sentence remains unaffected). Sublicensees who have been granted sublicenses on the basis of your License may continue Use the Software, providing that the sublicense is not granted in conflict with this License, and you may keep and reasonably Use one Copy of the Software for the purposes of maintenance of the Developer Software after termination of this Agreement, you may not Use the Software in any other way. If you substantially or repeatedly breach a provision of this Agreement, 24U may forbid Use of the Software according to the preceding
sentence. If this Agreement is terminated according to this Article, you have no right to return of any part of royalties or other payments paid to 24U in connection with this Agreement.
- The Software is protected by copyright and other intellectual property laws. 24U is the owner of the copyright and other rights in the Software and its source code, unless in connection with the Software provided otherwise. Third persons’ copyright and other intellectual property rights, which are included in the Software, are protected under this Agreement in the same way as 24U’s rights. You shall comply with 24U’s and third persons’ trademark rights presented in connection with the Software.
- Special arrangements of rights presupposed in this Agreement (e.g. as to the number of Customers and Users who may Use the Software) may result also from 24U’s products offer accepted by you or from 24U’s information provided with the Software and not objected to by you without undue delay after receipt of the Software. The same applies also in cases where special arrangements of rights are not presupposed in this Agreement. Special arrangements of rights prevail over provisions of this Agreement.
- This Agreement shall be governed by the law of the Czech Republic.
- Should any provision of this Agreement be or become invalid, ineffective or unenforceable, other provisions of this Agreement remain valid, effective and enforceable. Should any provision of this Agreement be or become partially invalid, ineffective or unenforceable, the rest of the provision remains valid, effective and enforceable (the same shall apply if an extent agreed in this Agreement exceeds or fails to reach a limit provided by the law). The Parties undertake, in case of need, to replace the invalid, ineffective or unenforceable provision by a valid, effective and enforceable one, which will be as close as possible to the replaced provision.
Protection
24U SimpleFile Plug-In has a protection scheme which can cause it to stop working after your trial period is over. When you pay, we send you your unlock code that indicates to 24U SimpleFile Plug-In that you have paid the registration fee. You have to provide a valid e-mail address, where we will send you your unlock code together with detailed instructions for unlocking your copy of 24U SimpleFile Plug-In. After unlocking, 24U SimpleFile Plug-In will start working again.
Troi Automatisering License
Software License Agreement
This is a legal agreement between you and Troi Automatisering covering your use of Troi File Plug-in. Be sure to read the following agreement before using the software. BY USING THE SOFTWARE (REGARDLESS IF YOU HAVE REGISTERED THE SOFTWARE OR NOT), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE AND DESTROY ALL COPIES OF IT.
This is copyrighted software. You may use this software for 30 days without any charge. The Software is owned by Troi Automatisering and is protected by Dutch copyright laws and international treaty provisions. Therefore, you must treat the Software like any other copyrighted material (e.g. a book or musical recording).
If you would like to continue to use the software after this evaluation period, forward the license fee to Troi Automatisering. Commercial distribution of the software is restricted without permission of Troi Automatisering. We are more than happy to allow you to distribute our software, but you must first have a license to do so. Visit our web site or contact Troi Automatisering for details on obtaining a license.
Paying the license fee allows you the right to use one copy of the software on a single computer (Single User License). You may not network the software or otherwise use it or make it available for use on more than one computer at the same time. You may not rent or lease the software, nor may you modify, adapt, translate, reverse engineer, decompile, or disassemble the software. If you violate any part of this agreement, your right to use this software terminates automatically and you must then destroy all copies of this software in your possession. If you want to use it on more than one computer you must pay the license fee for the apropriate number of computers or buy a site license or buy a world wide license or buy a developer license.
The software and related documentation are provided “AS IS” and without warranty of any kind and Troi Automatisering expressly disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Troi Automatisering be liable for any incidental, special or consequential damages that result from the use or inability to use the software or related documentation, even if Troi Automatisering has been advised of the possibility of such damages. In no event shall Troi Automatisering’s liability exceed the license fee paid, if any.
This Agreement shall be governed by the laws of the Netherlands. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision of the Agreement shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
Troi Automatisering
Boliviastraat 11
2408 MX Alphen a/d Rijn
The Netherlands
web site: https://www.troi.com/
email: info@troi.com
All trademarks are held by their respective owners.
Now our lawyers are happy.
20110101
360Works Plugin Product License Agreement
License Grant:
The package contains software (”PluginProduct”) and related explanatory written materials (“Documentation”). “PluginProduct” includes any upgrades, modified versions, updates, additions and copies of the PluginProduct. “You” means the person or company who is being licensed to use the Plugin Product or Documentation. “We” and “us” means 360Works / Prometheus Systems Consulting, LLC.
By installing the PluginProduct, you are consenting to be bound by and are becoming to a party to this agreement. If you do not agree to all of the terms of this agreement, uninstall the plugin product and destroy all copies of it and any related files and/or documentation.
Single User License
This license allows unlimited use by a SINGLE user running FileMaker Pro. You MAY NOT use this license for organizations with more than 10 users, or with scheduled scripts in FileMaker Server, or for Web Publishing with FileMaker Server Advanced – you will need a separate Enterprise License to do that. If you have purchased a “Single User License”, we hereby grant you a nonexclusive license for use by a SINGLE user running FileMaker Pro. You MAY NOT use this license for organizations with more than 10 users, or with scheduled scripts in FileMaker Server, or for web publishing with FileMaker Server Advanced – you will need a separate Enterprise License to do that
Workgroup License
This license allows unlimited use by a SINGLE company / school / organization, as long as the organization will be using the product for up to 10 users. You MAY NOT use this license for organizations with more than 10 users, or with scheduled scripts in FileMaker Server, or for Web Publishing with FileMaker Server Advanced – you will need a separate Enterprise License to do that. If you have purchased a “Workgroup License”, we hereby grant you a nonexclusive license for use by a SINGLE company / school / organization, as long as the organization will be using the plugin for up to 10 users. You MAY NOT use this license for organizations with more than 10 users, or with scheduled scripts in FileMaker Server, or for web publishing with FileMaker Server Advanced – you will need a separate Enterprise License to do that.
Enterprise License
This license allows a SINGLE deployment with unlimited use by a SINGLE organization of any size, regardless of the number of users and the location of the users. It also allows publishing databases using FileMaker Server web publishing, and with scheduled scripts in FileMaker Server. It does not permit distribution of the product outside of the licensed organization. If you have purchased an “Enterprise License”, we hereby grant you a nonexclusive license for a SINGLE deployment with unlimited use by a SINGLE organization of any size, regardless of the number of users and the location of the users. You MAY use this license to publish databases using FileMaker Server web publishing, and with scheduled scripts in FileMaker Server.
Solution Bundle License
This license allows to install the Plugin for use by a SINGLE developer to distribute the plugin product with a SINGLE solution to an unlimited number of companies / schools / organizations, regardless of the number of users of those organizations. This license also covers use with FileMaker Server scheduled scripts and the Web Publishing Engine. This product may only legally be used when bundled with the solution distributed by the developer who owns this license. Plugins Products cannot be registered using the plugin plugin configuration dialog by end users; they must be registered by the developer using the plugin registration functions. No product support for the developer or sublicensees is included with this license; support must be provided by the developer or by 360Works at our standard hourly rate. If you have purchased a “Solution Bundle License”, we hereby grant you a nonexclusive license to a SINGLE developer to distribute the product with a SINGLE solution to an unlimited number of companies/schools/organizations, regardless of the number of users of those organizations. This license also covers use with FileMaker Server scheduled scripts and publishing databases using the Web Publishing Engine. You may only legally use this product when bundled with the solution distributed by the developer who owns this license. End-users may not register the product using the plugin configuration dialog; the product must be registered by the developer using the plugin registration functions. No product support for the developer or sublicensees is included with this license; support must be provided by the developer or by 360Works at our standard hourly rate.
Title:
We remain the owner of all rights, title and interest in the Plugin Product and Documentation.
Archival and Backup Copies:
You may make one copy of the Plugin Product or transfer the Plugin Product to a single hard disk provided that the copy is made solely for backup or archival purposes.
Restrictions:
The Software and Documentation are protected by United States copyright laws and international treaties. You must treat the Software and Documentation like any other copyrighted material.
Redistribution of the Plugin Product is restricted without the explicit permission of 360Works.
You may not copy the Plugin Product or Documentation (except for backup or archival purposes mentioned above), modify, adapt, reverse engineer, disassemble, decompile, or make any attempt to discover the source code of the PluginProduct.
You also may not sublicense, lease, rent, lend, or make publicly available any portion of the Plugin Product or Documentation. This includes placing the Plugin Product or Documentation onto a server making it accessible via a public network such as the Internet.
Use of the Plugin Product for access by the FileMaker Web-publishing engine, including Instant Web Publishing, is limited to Enterprise Licenses.
This Plugin Product will require Internet connectivity every thirty (30) days to validate the license key back to 360Works licensing servers. If 30 days pass without connection to the Internet, the Plugin Product will be disabled until validated.
Transfers:
PluginProducts are non-transferable. You may not transfer any of your rights to use the Plugin Product or Documentation to another person or legal entity. License keys are keyed to the Registered To name provided by the license holder upon purchase and may not be changed or transferred at any future time.
Limited Warranty:
We warrant that for a period of 30 days after delivery of this copy of the Plugin Product to you the plugin product will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, nor to make any additional warranties.
Liability:
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OF OR THE INABILITY TO USE THE SOFTWARE (EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
Mailit Dacons Plugin SOFTWARE License Agreement
- IMPORTANT NOTICE:
YOU SHOULD READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE YOU DOWN LOAD, INSTALL OR USE DACON’S PROPRIETARY MAILIT SOFTWARE. BY INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE.
- DEFINITIONS
”Dacons” – Dacons UG (haftungsbeschränkt). Legal address: Am Fürstenweiher 31, 69118 Heidelberg, Germany.
”You” and ”Your” the party purchasing a license or evaluating the software under the terms of this agree ment.
”Software” or ”Licensed Software” or ”plugin” means the plugin mail.it, compiled objects, libraries, mod ules, license key and any and all updates thereto, together with all associated documentation and examples provided by Dacons or its authorized resellers.
”License Key” or ”registration code” – a unique code provided by Dacons which identifies You, as well as the license type, and which unlocks or enables certain features of the Licensed Software
”Solution” or ”Your Solution” a software FileMaker® solution that You develop which incorporates all or parts of the Licensed Software.
”Trial Period” a specified period of time during which You may temporarily use the Licensed Software
for evaluation purposes only.
3A. GENERAL LICENSE GRANT
In consideration of Your payment of applicable license fees and/or Your acceptance of the terms of this Agreement, Dacons hereby grants to You certain nonexclusive and nontransferable rights limited by the terms of this Agreement. The Licensed Software is licensed (not sold) to You, for use strictly under the terms of this Agreement.
The Software is licensed (not sold) to you, in machinereadable (object code) form only for use only under the terms of this Agreement, and Dacons reserves all rights not expressly granted to you in this Agreement. If a License Key contains an expiration date or does not indicate the number of users licensed, it is considered temporary, and multiple developers may use it for the sole purpose of evaluating the Software.
With a developer license, you are granted a nonexclusive, royaltyfree license to integrate the plugin into your FileMaker® solution and to distribute such plugins in connection with such solution, provided that (a) such solution do not in any way compete with the Software or expose the functionality of the Software through a programmable interface, and (b) the solution has not been programmed for your inhouse use in which case you need to buy a network license (c) you purchased a network or developer license that allows for the number of endusers in one organization that will actually use your solution and (d) you are not developing, or selling any types of plugins or extensions for the database software FileMaker® as that would be in com petition to Dacons own plugins for FileMaker®.
You may embed the License Key in Solutions that you distribute, provided that the following conditions are met: (a) each such Solution must be marked with a prominent copyright notice bearing your name as it appears in the License Key; (b) the License Key may not be embedded in any such Solution or distributed in any other manner that makes the License Key visible to the end user; and (c) Licensee may only distribute Dacons plugins in conjunction with and as a part of Licensee’s own software product. Licensee’s software product may include bound FileMaker® Pro solutions and ”unbound” native FileMaker® Pro solutions If you upgrade the Software to a highernumbered version thereof or to a comparable Dacons software product, this license is terminated and your rights shall be limited to the license associated with that product or ver sion.
3B. TRAIL LICENSE
To facilitate an evaluation of the Licensed Software by You, Dacons may provide a temporary Trail Key that are encoded with an embedded expiration date. This trail key might be embedded in the ”demo download” of the plugin. The License granted in conjunction with such Trail Key and the ”demo version” is considered temporary, and multiple developers may use it for the sole purpose of evaluating the Licensed Software dur
ing a specific Evaluation Trial Period. Licensed Evaluation Trial Software contains mechanisms that inhibit its ability to function at a later date. Those are not allowed to be manipulated. It is Your responsibility to ensure that the Solution You create do not contain Licensed Evaluation Trial Software.
3C. SINGLE AND NETWORK LICENSE FOR UP TO 10 USERS IN A NETWORK
The following terms and conditions contained in this section (3C) apply to You if at the time of original pur chase or most recent upgrade, the License granted to You by Dacons was defined as ”Single or Network License” License.
You are hereby granted a nonexclusive license to integrate the Licensed Software into Your Solution and to use this solution privately or in your company. You may use this license on one or 5 computers depending which size of single/network license you purchased (indicated by the ”seats in a network” number purchase). You may use the plugin with your solution at your entire company site (one postal address).
This license does not allow deployment of the plugin on FileMaker® Server or FileMaker® Server Advanced (see 3D, 3E and 3F for licenses that allow deployment with FileMaker® Server or FileMaker® Server Ad vanced).
You must not distribute or sell the plugin with your solution to any third party if you do not own a Single solution developer license (see 3F) or a Solution portfolio developer license (see 3G).
For each License Key provided to You by Dacons, You are granted a nonexclusive License to provide the Licensed Software and/or the License Key(s) to the number of Your employees as indicated by Dacons and further explained above. Should the number of users in your company with access to the Licensed Software and/or the License Key(s) ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform Dacons of such change and to upgrade Your License accordingly by paying an upgrade fee to Dacons in a timely manner.
3D. NETWORK LICENSE 15 AND MORE USER IN A NETWORK
The following terms and conditions contained in this section (3D) apply to You if at the time of original pur chase or most recent upgrade, the License granted to You by Dacons was defined as ”Single or Network License” License.
You are hereby granted a nonexclusive license to integrate the Licensed Software into Your Solution and to use this solution privately or in your company. You may use this license on 15 computers if you bought a network license for up to 15 users. You may use the plugin with your solution at your entire company site (one postal address) if you bought a ”Site License” of Dacons plugin or worldwide in one named organization if you bought a ”World License”.
This license does also allow deployment of the plugin on one FileMaker® Server or FileMaker® Server advanced.
You must not distribute or sell the plugin with your solution to any third party if you do not own a Single solution developer license (see 3F) or a Solution portfolio developer license (see 3G).
For each License Key provided to You by Dacons, You are granted a nonexclusive License to provide the Licensed Software and/or the License Key(s) to the number of Your employees as indicated by Dacons and further explained above. Should the number of users in your company with access to the Licensed Software and/or the License Key(s) ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform Dacons of such change and to upgrade Your License accordingly by paying an upgrade fee to Dacons in a timely manner.
3E. SERVER LICENSE
The following terms and conditions contained in this section (3E) apply to You if at the time of original pur chase or most recent upgrade, the License granted to You by Dacons was defined as ”Server” License.
You are hereby granted a nonexclusive license to integrate the Licensed Software into Your Solution and to use this solution privately or in your company. You may use this license if your solution requires the plugin functions only on one server side (e.g. SSS or Web Publishing) in combination with FileMaker® Server or FileMaker® Server Advanced (FileMaker® Server and FileMaker® Server Advanced have to be licensed separately from FileMaker® Inc.).
You must not distribute or sell the plugin with your solution to any third party if you do not own a Single solution developer license (see 3F) or a Solution portfolio developer license (see 3G).
For each License Key provided to You by Dacons, You are granted a nonexclusive License to provide the Licensed Software and/or the License Key(s) to the number of Your employees as indicated by Dacons and further explained above. Should the number of users in your company with access to the Licensed Software and/or the License Key(s) ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform Dacons of such change and to upgrade Your License accordingly by paying an upgrade fee to Dacons in a timely manner.
3F. SOLUTION PORTFOLIO DEVELOPER LICENSE
The following terms and conditions contained in this section (3G) apply to You ONLY if at the time of original purchase or most recent upgrade, the License granted to You by Dacons was defined as ”Solution portfolio developer” License.
You are hereby granted a nonexclusive, royaltyfree license to integrate the Licensed Software into an unlim ited number of FileMaker® Solutions for contract development and/or to distribute such Licensed Software in connection with Your Solution including adaptions, provided that (a) Your Solutions do not in any way compete with the Licensed Software or expose the functionality of the Licensed Software through a pro grammable interface; (b) each of Your Solutions developed using Licensed Software is substantially larger, more complex, and contains a significantly wider range of functions as compared to the Licensed Software;
(c) each of Your Solutions developed using Licensed Software is designed for end users rather than for developers who would be able to build other software that would compete with the Licensed Software, (d) you are not developing, or selling any types of plugins or extensions for the database software FileMaker® as that would be in competition to Dacons own plugins for FileMaker® and (e) You do not permit further distribution of the Licensed Software by Your end users.
You may embed the License Keys in the Solution You distribute, provided that the following conditions are met: (a) each such Solution must be marked with a prominent copyright notice bearing Your name as de clared by You during purchase of the License; (b) the License Key may not be embedded in any such Solution or distributed in any other manner that makes the License Key visible to the end user.
You may allow the use of your solution with the amount of endusers running your solution at one client organization depending of the number of seats you bought the developer license for. Your solution together with the plugin may be used on one to 10, 25 or unlimited number of computers depending which size of developer license you purchased (indicated by the ”number of computer in the end user network” number purchase). You may not use the plugin for inhouse solutions if you bought the developer license. To use a plugin in combination with your solution inhouse you need to buy the appropriate single or network license.
This license does allow deployment and distribution of the plugin on one FileMaker® Server or FileMaker® Server at each end customers. Above conditions apply for distribution.
For each License Key provided to You by Dacons, You are granted a nonexclusive License to provide the Licensed Software and/or the License Key(s) to the number of endusers at your clients site as indicated by Dacons and explained above. Should the number of endusers with access to the Licensed Software ever exceed the number indicated at the time of original purchase or most recent upgrade, You agree to inform Dacons of such change and to upgrade Your License accordingly by paying an upgrade fee to Dacons in a timely manner.
4. RESTRICTIONS ON USE AND TRANSFER.
You may not sublicense, rent, lease, assign or otherwise transfer the Licensed Software or any of Your rights thereto, either in whole or in part, to anyone else, except that You may, after obtaining written permis sion from Dacons, permanently transfer the Licensed Software in its entirety, provided You retain no copies of the Licensed Software and the transferee agrees to the terms and conditions of this Agreement. Use of the Licensed Software with a License Key obtained from a source other than Dacons or its authorized resellers is expressly and strictly forbidden. Dacons reserves the right to take any and all actions that Dacons, in its
sole discretion, deems necessary to protect against, monitor and control the use of the Licensed Software with illegal License Keys. You agree to ensure that anyone who uses any portion of the Licensed Software provided to You complies with the terms and conditions of this Agreement.
5. INTELLECTUAL PROPERTY RIGHTS.
You acknowledge that the Licensed Software contains copyrighted material, trade secrets, trademarks and other proprietary material of Dacons (”Confidential Information”), and is protected under international copy right law and other applicable laws. You may not engage in any unauthorized use or disclosure of any Confidential Information. You agree that the source code of the Licensed Software is confidential and propri etary to Dacons. Accordingly, You may not copy the Licensed Software, or decompile, disassemble, reverse engineer or create a derivative work based upon the Licensed Software, or authorize anyone else to do so. You must reproduce and maintain all copyright notices that are contained in the Licensed Software on any copy thereof that You make or use.
6. TERM AND TERMINATION.
Except as otherwise provided in this Agreement, the term of the license granted herein is perpetual and becomes effective when You install or use the Licensed Software. You may terminate this license at any time by destroying any and all copies of the Licensed Software. This Agreement and the associated license for the Licensed Software will terminate automatically and without provision of notice by Dacons if You fail to comply with any of the terms or conditions of this Agreement or if You cease permanent use of the Licensed Software, for whatever reason. Upon termination of this Agreement for any reason, You agree that You will destroy all copies of the Licensed Software. In addition to this sentence and the previous sentence, Sections 4, 5 and 712 shall survive any termination of this Agreement.
7. LIMITED WARRANTY.
Dacons warrants that the Licensed Software will perform substantially in accordance with its accompany ing documentation, when operated in the execution environment specified in such documentation, for the warranty period ending thirty (30) days following the date on which You first install or first use the Licensed Software. This limited warranty is void if failure of the Licensed Software to conform to such warranty is caused in whole or in part by (a) any defect in any hardware or other equipment used with the Licensed Soft ware; (b) any failure of any hardware or any other equipment used with the Licensed Software to function in accordance with applicable manufacturer’s specifications for such items; (c) any alteration, modification or enhancement of the Licensed Software by You or anyone other than Dacons; (d) any failure by You or anyone else to follow Dacons instructions with respect to proper use of the Licensed Software; or (e) im
proper use, abuse, accident, neglect or negligence on the part of You or anyone other than Dacons. Dacons will not be obligated to honor the limited warranty or provide any remedy thereunder unless the Licensed Software is returned to Dacons along with the original dated receipt. Any replacement Licensed Software will be warranted for thirty (30) days following the date on which Dacons provides it to You. You understand that no Licensed Software updates or upgrades are included with this limited warranty and that Dacons may update or revise the Licensed Software at any time and, in so doing, incurs no obligation to furnish such updates or revisions to You.
EXCEPT AS OTHERWISE SET FORTH IN THIS AGREEMENT, THE LICENSED SOFTWARE IS PRO VIDED TO YOU ”AS IS”, AND DACONS MAKES NO EXPRESS OR IMPLIED WARRANTIES WHATSO EVER WITH RESPECT TO ITS FUNCTIONALITY, CONDITION, PERFORMANCE, OPERABILITY OR USE. WITHOUT LIMITING THE FOREGOING, DACONS DISCLAIMS ALL IMPLIED WARRANTIES IN CLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR FREEDOM FROM INFRINGEMENT. SOME JURISDICTIONS DO NOT AL LOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER.
- LIMITATIONS OF LIABILITY.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING LIMITED WAR RANTY SHALL BE, AT DACONS OPTION, EITHER (A) REPAIR OR REPLACEMENT OF THE LICENSED SOFTWARE SO THAT IT CONFORMS TO THE FOREGOING LIMITED WARRANTY, OR (B) REFUND OF THE FEE THAT YOU PAID TO LICENSE THE LICENSED SOFTWARE. IN NO EVENT SHALL DACONS BE LIABLEFOR ANY DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOSSES RESULTING FROM BUSINESS INTERRUPTION OR LOSS OF DATA, REGARDLESS OF THE FORM OF ACTION OR LEGAL THEORY UNDER WHICH SUCH LIABILITY MAY BE ASSERTED, EVEN IF DACONS HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. DACONS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DATA THAT IS READ, ACCESSED, STORED OR PROCESSED WITH THE LICENSED SOFTWARE, OR FOR THE COSTS OF RECOVERING ANY SUCH DATA. IN NO EVENT SHALL DACONS’ MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL FEES PAID OR PAYABLE BY YOU TO LICENSE THE LICENSED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABIL ITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- INDEMNIFICATION.
You agree to defend, indemnify, and hold Dacons and all of its employees, agents, representatives, direc tors, officers, partners, shareholders, attorneys, predecessors, successors, and assigns harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses), relating to or arising from Your use of the Licensed Soft ware, or any breach of this Agreement, except to the extent such claim relates to or arises from a violation by Dacons of any third party copyright, trademark, trade secret or other intellectual property right.
10. U.S. GOVERNMENT RESTRICTED RIGHTS.
If You are licensing the Licensed Software on behalf of the U.S. Government or any of its agencies (”Gov ernment”), the use, duplication, reproduction, release, modification, disclosure or transfer of the Licensed Software by the Government is subject to restricted rights in accordance with Federal Acquisition Regula tion (”FAR”) 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement (”DFARS”) 227.7202 for military agencies. The Licensed Software is commercial. Use of the Licensed Software by the Government is further restricted in accordance with the terms and conditions of this Agreement.
11. MISCELLANEOUS.
If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its appli cation in any other circumstances and the remaining provisions of this Agreement shall not be affected. No waiver of any right under this Agreement shall be effective unless given in writing by an authorized repre sentative of Dacons. No waiver by Dacons of any right shall be deemed to be a waiver of any other right of Dacons arising under this Agreement. This Agreement is solely between You and Dacons and shall not be construed to create any third party beneficiary rights in any other individual, partnership, corporation or other entity. This Agreement shall be governed by and interpreted in accordance with the laws of the United Kingdom, without regard to its provisions governing conflicts of law. Any and all disputes between You and Dacons pertaining to this Agreement shall be submitted to one arbitrator in binding arbitration within ten miles of London.. The arbitrator shall be experienced in computer consulting, the development of custom software, the sale of packaged software, or related services. Evidence and argument may be presented in person or by telephone, fax, postal mail, electronic mail, and other methods of communication approved by the arbitrator. The prevailing party in such proceeding shall be entitled to recover its actually incurred costs, including reasonable attorney’s fees, arbitration and court costs. All hearings shall be held and a written ar bitration award issued within onehundred eighty (180) days of the date on which the arbitrator is appointed. Judgment on the award shall be final and binding and may be entered in any court of competent jurisdiction.
12. ENTIRE AGREEMENT.
YOU AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND DACONS, AND THAT IT SUPERSEDES ANY PROPOSALS OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE LI CENSED SOFTWARE AND THE SUBJECT MATTER HEREOF. DACONS SHALL NOT BE BOUND BY ANY PROVISION OF ANY PURCHASE ORDER, RECEIPT, ACCEPTANCE, CONFIRMATION, CORRE SPONDENCE OR OTHERWISE, OR BY ANY AGREEMENT BETWEEN YOU AND ANY OTHER PARTY, UNLESS DACONS SPECIFICALLY AGREES TO SUCH PROVISION IN WRITING IN A FORM OF A LEGAL CONTRACT, DATED AND SIGNED BY YOU AND BY DACONS OFFICER OR AUTHORIZED EMPLOYEE. NO VENDOR, DISTRIBUTOR, PROVIDER, RESELLER, OEM, SALES REPRESENTATIVE, OR OTHER PERSON IS AUTHORIZED TO MODIFY THIS AGREEMENT OR TO MAKE ANY WARRANTY, REPRE SENTATION OR PROMISE REGARDING THE LICENSED SOFTWARE WHICH IS DIFFERENT FROM THOSE SET FORTH IN THIS AGREEMENT.
The licence and distribution terms for any publically available version or derivative of this code cannot be changed. i.e. this code cannot simply be copied and put under another distribution licence [including the GNU Public Licence.]
CNS PLUG-INS SOFTWARE LICENSE AGREEMENT
INTRODUCTION
PLEASE READ THIS AGREEMENT CAREFULLY. BY COPYING, INSTALLING, OR USING ALL OR ANY PORTION OF THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU AGREE THAT THIS AGREEMENT IS LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY LEGAL ENTITY THAT OBTAINED THE SOFTWARE AND ON WHOSE BEHALF IT IS USED: FOR EXAMPLE, IF APPLICABLE, YOUR EMPLOYER. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST DESTROY ALL COPIES OF THE SOFTWARE AND ANY OBTAINED LICENSE KEYS IMMEDIATELY.
CNS OWNS ALL INTELLECTUAL PROPERTY IN THE SOFTWARE. THE SOFTWARE IS LICENSED, NOT SOLD. CNS PERMITS YOU TO COPY, DOWNLOAD, INSTALL, USE, OR OTHERWISE BENEFIT FROM THE FUNCTIONALITY OR INTELLECTUAL PROPERTY OF THE SOFTWARE ONLY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
- DEFINITIONS
“CNS Plug-ins” means the division of Comm-Unity Networking Systems, LLC (“CNS”) that creates FileMaker® Pro plug-ins; also referred to as “Licensor”.
“Computer” means any electronic computing device capable of utilizing the Software.
“License Key” means any generated Software key provided by or purchased from CNS Plug-ins to unlock and Use the Software on a specified number of Computers in a specified manner.
“Software” means (a) all of the information with which this agreement is provided, including by not limited to (i) CNS Plug-in Software files and other Computer information; (ii) example databases and other files included with the Software or obtained from the CNS Plug-ins website; and (iii) related explanatory written materials and files (collectively, “Documentation”); and (b) any modified versions and copies of, and upgrades, updates, and additions to, such information, provided to You by CNS at any time, to the extent not provided under a separate agreement (collectively, “Updates”).
“Third Party” means any individual or legal entity other than the Licensee.
“Use”, “In Use”, “Using”, etc. means any Computer running a version of FileMaker Pro/ Pro Advanced or FileMaker Server/Server Advanced with the Software installed and registered, even if the individual using that Computer is not actively using a database or database feature that utilizes the Software.
“You”, “Your”, etc. means the individual or legal entity which obtained and is using the Software, either in demonstration or purchased forms; also referred to as “Licensee”.
2. LICENSE
CNS grants to You a non-exclusive license to Use the Software in a manner consistent with its design and Documentation and as further set forth below. Unless You have purchased a specific license from CNS Plug-ins, the license granted under this agreement is the Demonstration License.
- “Demonstration License”. Under a Demonstration License, You may Use the Software for demonstration and/or evaluation purposes for a 30-day period. During the 30-day period, You are subject to the terms of this agreement. After the 30-day period, You must (a) purchase an appropriate License Key from CNS Plug-ins to continue using the Software; or (b) destroy all copies of the Software and Demonstration License Key.
- “Press Release License”. Under a Press Release License, You may Use the Software for evaluation purposes for a 30-day period. During the 30-day period, You are subject to the terms of this agreement. After the 30-day period, You must destroy all copies of the Software and Press Release License Key.
- “Beta Tester License”. Under a Beta Tester License, You may Use the Software for evaluation and/or testing purposes for a 30-day period. During the 30-day period, You are subject to the terms of this agreement. After the 30-day period, You must (a) obtain a new Beta Version of the Software and/or a new Beta Tester License Key (if available);
(b) obtain a Final Version of the Software and purchase an appropriate License Key from CNS Plug-ins (if available); or (c) destroy all copies of the Software and Beta Tester License Key(s) if You choose to not continue using the Software.
- “1-User License”. Under a 1-User License (also referred to as a “Single User License”), You may (a) Use the Software with FileMaker Pro/Pro Advanced on any one Computer; and (b) Use the Software with FileMaker Pro/Pro Advanced on a second Computer so long as the first and second Computers are not using the Software simultaneously.
- “Multiuser License”. Under a Multiuser License (also referred to as a “2-User License”, a “3-User License”, etc.), You may Use the Software with FileMaker Pro/Pro Advanced on any Computer currently owned by You at any corporate location so long as the number of Computers simultaneously using the Software does not exceed the number of Computers provided by the Multiuser License. For example, a “10-User License” can only be simultaneously Used on 10 Computers in Your corporation.
- “World License”. Under a World License (also referred to as a “Site License” or “Worldwide License”), You may Use the Software with FileMaker Pro/Pro Advanced on any Computer currently owned by You at any corporate location. A Server License is included with a World License for Using the Software with FileMaker Pro Server/Server Advanced.
- “Server License”. Under a Server License, You may Use the Software on a server Computer for Use with FileMaker Pro Server and/or FileMaker Pro Server Advanced. In such scenarios, the Software may be Used to service Your employees or customers through the Script Scheduling and/or Web Publishing Engine technologies of FileMaker Pro Server/Server Advanced. The number of Computers directly or indirectly accessing the Software through FileMaker Pro Server/Server Advanced is unlimited. Accessing the Software through FileMaker Pro Server/Server Advanced shall be understood to be different from distributing the Software to Computers running FileMaker Pro/Pro Advanced using the Auto Update or Install Plugin features. Distributing the Software to Computers using these features is permitted and encouraged so long as You have purchased a Multiuser License and the number of computers being distributed to does not exceed the number of Computers provided by that Multiuser License.
- “Developer License”. Under a Developers License, You may redistribute the Software to any Third Party with Your FileMaker Pro database solution (bound or unbound) for Use with FileMaker Pro/Pro Advanced and/or FileMaker Pro Server/Server Advanced on any Computer currently owned by the Third Party without paying any royalty fees to CNS Plug-ins. The Third Party (a) does not own the Developers License;
(b) cannot Use the Software outside of the confines of Your developed database solution; or (c) have any other rights to the Software.
- MULTI-PLATFORM USE. You may Use the Software on either the Mac OS® or Windows® platforms and freely transfer the Software between Computers running
either platform so long as the number of Computers simultaneously using the Software does not exceed the number of Computers permitted by Your license. On singular Computers which are capable of running both of these platforms (i.e. a dual-boot Computer or a Computer with “Virtual Machine” capabilities), the Software can be installed and Used on both platforms.
- REMOTE DESKTOP SERVICES. You may Use the Software in connection with Remote Desktop Services, also known as “Terminal Services”, “Citrix”, etc., so long as the number of connected remote clients does not exceed the number of Computers permitted by Your license.
- BACKUP COPY. You may make a reasonable number of backup copies of the Software, provided the backup copies are not installed or Used for other than archival purposes.
- EXAMPLE DATABASES. Unless stated otherwise in the “ReadMe” files or other license associated with the Example Databases, which may include specific rights and restrictions with respect to such materials, You may display, modify, reproduce, and distribute any of the Example Databases. However, You may not distribute the Example Databases on a stand-alone basis (i.e., in circumstances in which the Example Databases constitute the primary value of the product being distributed and/or without the Software), and You may not claim any trademark rights in the Example Databases or derivative works thereof.
3. INTELLECTUAL PROPERTY OWNERSHIP
The Software and any authorized copies that You make are the intellectual property of and are owned by CNS. The structure, organization, and code of the Software are the valuable trade secrets and confidential information of CNS (unless CNS chooses to make the source code public). The Software is protected by law, including but not limited to the copyright laws of the United States and other countries, and by international treaty provisions. Except as expressly stated herein, this agreement does not grant You any intellectual property rights in the Software and all rights not expressly granted are reserved by CNS.
4. RESTRICTIONS AND REQUIREMENTS
- NOTICES. Any permitted copy of the Software that You make must contain all of the original Software’s copyrights and proprietary notices.
- USE OBLIGATIONS. You agree that You will not Use the Software other than as permitted by this agreement and that You will not Use the Software in a manner inconsistent with its design or Documentation.
- THIRD PARTY USE. You agree to not permit other individuals or legal entities to Use the Software except under the terms listed in Section 2.7.
- EDUCATIONAL USE. If You purchased a license with an Educational Discount, You may only Use the Software for and within the confines of Your educational institution,
i.e. by current and active students and faculty. All other terms provided by Your license remain unaffected.
- NON-PROFIT USE. If You purchased a license with a Non-Profit Discount, You may only Use the Software for and within the non-profit activity You operate. A non-profit activity shall be understood as an activity which is beneficial to the public and which by definition brings no profit or, if it does, the entire profit is reinvested to the non-profit activity. All other terms provided by Your license remain unaffected.
- NO MODIFICATIONS. Except as permitted in Section 2.12, You may not modify, adapt, or translate the Software.
- NO REVERSE ENGINEERING. You will not reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software except to the extent that this restriction is expressly prohibited by law.
- NO TRANSFER. YOU WILL NOT RENT, LEASE, SELL, SUBLICENSE, ASSIGN, OR TRANSFER YOUR RIGHTS IN THE SOFTWARE, OR AUTHORIZE ANY PORTION OF THE SOFTWARE TO BE COPIED ONTO ANY THIRD PARTY’S COMPUTER EXCEPT AS MAY BE EXPRESSLY PERMITTED HEREIN. You may, however,
permanently transfer all rights to Use the Software to a Third Party provided that: (a) You also transfer (i) this agreement, and (ii) the License Key; (b) You retain no upgrades, updates, or copies, including backups and copies stored on a Computer; and
(c) the receiving party accepts the terms and conditions of this agreement and any other terms and conditions under which You purchased a valid license to the Software. NOTWITHSTANDING THE FOREGOING, YOU MAY NOT TRANSFER EDUCATIONAL, NON-PROFIT, BETA, PRESS RELEASE, OR NOT FOR RESALE
COPIES OF THE SOFTWARE. Prior to a transfer, CNS Plug-ins must be informed by both parties of the transfer.
5. UPDATES
If the Software is an upgrade or update to a previous version of CNS Plug-ins Software, You must possess a valid license to such previous version in order to use such upgrade or update. You acknowledge that any obligation CNS Plug-ins may have to support the previous version(s) may end upon the availability of the upgrade or update. Upgrades and updates may be licensed to You with additional or different terms.
6. DISCLAIMER OF WARRANTY
The Software is provided “AS IS” and without warranty of any kind. CNS Plug-ins provides freely available Demonstration Licenses for all products for testing purposes prior to purchasing licenses of said products. Because of this CNS Plug-ins provides no refunds for purchased licenses. CNS expressly disclaims all other warranties, expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall CNS be liable for any incidental, special, or consequential damages that result from the Use or inability to Use the Software, even if CNS has been advised of the possibility of such damages. In no event shall CNS’s liability exceed the license fee paid, if any.
7. TERMINATION
This agreement shall terminate automatically if You fail to comply with the limitations described in this agreement. No notice shall be required from CNS to effectuate such termination. On termination, You must destroy all copies of the Software immediately.
8. GOVERNING LAW
This agreement is governed by the laws of the State of Texas, USA.
9. GENERAL PROVISIONS
If any part of this agreement is found void and unenforceable, it will not affect the validity of the balance of this agreement, which will remain valid and enforceable according to its terms. This agreement may only be modified in writing, signed by an authorized officer of CNS Plug-ins. This is the entire agreement between CNS Plug-ins and You relating to the Software and it supersedes any prior representations, discussions, undertakings, communications, or advertising relating to the Software.
If You have any questions regarding this agreement or if You wish to request any information from CNS please use the address and contact information located at the top of this agreement.