| Public License : Commercial License : Home | Version 1.0.0 |
The mx Extensions Series packages are brought to you by the eGenix.com Software, Skills and Services GmbH, Langenfeld, Germany. We are licensing our products under the following two different licenses:
The Public License is very similar to the Python 2.0 license and covers the open source software made available by eGenix.com which is free of charge even for commercial use.
The Commercial License is intended for covering commercial eGenix.com software, notably the mxODBC package. Only private and non-commercial use is free of charge.
If you have questions regarding these licenses, please contact Licenses@eGenix.com. If you would like to bundle the software with your commercial product, please write to Sales@eGenix.com for more information about the redistribution conditions and terms.
The eGenix.com Public License is similar to the Python 2.0 and considered an Open Source license (in the sense defined by the Open Source Intiative (OSI)) by eGenix.com.
The license should also be compatible to the GNU Public License in case that matters. The only part which is known to have caused some problems with Richard Stallmann in the past is the choice of law clause.
EGENIX.COM PUBLIC LICENSE AGREEMENT VERSION 1.0.0
1. IntroductionThis "License Agreement" is between eGenix.com Software, Skills and Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, and the Individual or Organization ("Licensee") accessing and otherwise using this software in source or binary form and its associated documentation ("the Software").
2. LicenseSubject to the terms and conditions of this eGenix.com Public License Agreement, eGenix.com hereby grants Licensee a non-exclusive, royalty-free, world-wide license to reproduce, analyze, test, perform and/or display publicly, prepare derivative works, distribute, and otherwise use the Software alone or in any derivative version, provided, however, that the eGenix.com Public License Agreement is retained in the Software, or in any derivative version of the Software prepared by Licensee.
3. NO WARRANTYeGenix.com is making the Software available to Licensee on an "AS IS" basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
4. LIMITATION OF LIABILITYEGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE.
5. TerminationThis License Agreement will automatically terminate upon a material breach of its terms and conditions.
6. GeneralNothing in this License Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between eGenix.com and Licensee. If any provision of this License Agreement shall be unlawful, void, or for any reason unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or, if no such modification is possible, be severed from this License Agreement and shall not affect the validity and enforceability of the remaining provisions of this License Agreement. This License Agreement shall be governed by and interpreted in all respects by the law of Germany, excluding conflict of law provisions. It shall not be governed by the United Nations Convention on Contracts for International Sale of Goods. This License Agreement does not grant permission to use eGenix.com trademarks or trade names in a trademark sense to endorse or promote products or services of Licensee, or any third party. The controlling language of this License Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only.
14. AgreementBy downloading, copying, installing or otherwise using the Software, Licensee agrees to be bound by the terms and conditions of this License Agreement.
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The eGenix.com Commercial License is covers commercial eGenix.com software, notably the mxODBC package. Only private and non-commercial use is free of charge. Usage of the software in commercial settings such as for implementing in-house applications in/for companies or consulting work where the software is used as tool requires a "Proof of Authorization" which can be bought from eGenix.com.
EGENIX.COM COMMERCIAL LICENSE AGREEMENT VERSION 1.0.0
1. IntroductionThis "License Agreement" is between eGenix.com Software, Skills and Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, and the Individual or Organization ("Licensee") accessing and otherwise using this software in source or binary form and its associated documentation ("the Software").
2. Terms and DefinitionsThe "Software" covered under this License Agreement includes without limitation, all object code, source code, help files, publications, documentation and other programs, products or tools that are included in the official "Software Distribution" available from eGenix.com. The "Proof of Authorization" for the Software is a written and signed notice from eGenix.com providing evidence of the extent of authorizations the Licensee has acquired to use the Software and of Licensee's eligibility for future upgrade program prices (if announced) and potential special or promotional opportunities. As such, the Proof of Authorization becomes part of this License Agreement. Installation of the Software ("Installation") refers to the process of unpacking or copying the files included in the Software Distribution to an Installation Target. "Installation Target" refers to the target of an installation operation. Targets are defined as follows: 1) "CPU" refers to a central processing unit which is able to store and/or execute the Software (a server, personal computer, or other computer-like device) using at most two (2) processors, 2) "Site" refers to at most one hundred fifty (150) CPUs installed at a single site of a company, 3) "Corporate" refers to at most one thousand (1000) CPUs installed at an unlimited number of sites of the company, 4) "Developer CPU" refers to a single CPU used by at most one (1) developer. When installing the Software on a server CPU for use by other CPUs in a network, Licensee must obtain a License for the server CPU and for all client CPUs attached to the network which will make use of the Software by copying the Software in binary or source form from the server into their CPU memory. If a CPU makes use of more than two (2) processors, Licensee must obtain additional CPU licenses to cover the total number of installed processors. Likewise, if a Developer CPU is used by more than one developer, Licensee must obtain additional Developer CPU licenses to cover the total number of developers using the CPU. "Commercial Environment" refers to any application environment which is aimed at producing profit. This includes, without limitation, for-profit organizations, work as independent contractor, consultant and other profit generating relationships with organizations or individuals. "Non-Commercial Environments" are all those application environments which do not directly or indirectly generate profit. Educational and other officially acknowledged non-profit organizations are regarded as being a Non-Commercial Environment in the above sense.
3. License GrantSubject to the terms and conditions of this License Agreement, eGenix.com hereby grants Licensee a non-exclusive, world-wide license to 1) use the Software to the extent of authorizations Licensee has acquired and 2) distribute, make and install copies to support the level of use authorized, providing Licensee reproduces this License Agreement and any other legends of ownership on each copy, or partial copy, of the Software. If Licensee acquires this Software as a program upgrade, Licensee's authorization to use the Software from which Licensee upgraded is terminated. Licensee will ensure that anyone who uses the Software does so only in compliance with the terms of this License Agreement. Licensee may not 1) use, copy, install, compile, modify, or distribute the Software except as provided in this License Agreement; 2) reverse assemble, reverse engineer, reverse compile, or otherwise translate the Software except as specifically permitted by law without the possibility of contractual waiver; or 3) rent, sublicense or lease the Software.
4. AuthorizationsThe extent of authorization depends on the ownership of a Proof of Authorization for the Software. Usage of the Software for any other purpose not explicitly covered by this License Agreement or granted by the Proof of Authorization is not permitted and requires the written prior permission from eGenix.com.
4.1. Non-Commercial EnvironmentsThis section applies to all uses of the Software without a Proof of Authorization for the Software in a Non-Commercial Environment. Licensee may copy, install, compile, modify and use the Software under the terms of this License Agreement FOR NON-COMMERCIAL PURPOSES ONLY. Use of the Software in a Commercial Environment or for any other purpose, such as redistribution, IS NOT PERMITTED BY THIS LICENSE and requires a Proof of Authorization from eGenix.com.
4.2. Evaluation Period for Commercial EnvironmentsThis section applies to all uses of the Software without a Proof of Authorization for the Software in a Commercial Environment. Licensee may copy, install, compile, modify and use the Software under the terms of this License Agreement FOR EVALUATION AND TESTING PURPOSES and DURING A LIMITED EVALUATION PERIOD OF AT MOST THIRTY (30) DAYS AFTER INITIAL INSTALLATION ONLY. For use of the Software after the evaluation period or for any other purpose, such as redistribution, Licensee must obtain a Proof of Authorization from eGenix.com. If Licensee decides not to obtain a Proof of Authorization after the evaluation period, Licensee agrees to cease using and to remove all installed copies of the Software.
4.3. Usage under Proof of AuthorizationThis section applies to all uses of the Software provided that Licensee owns a Proof of Authorization for the Software. Licensee may copy, install, compile, modify, use and distribute the Software to the extent of authorization acquired by the Proof of Authorization and under the terms an conditions of this License Agreement.
5. Transfer of Rights and ObligationsLicensee may transfer all license rights and obligations under a Proof of Authorization for the Software to another party by transferring the Proof of Authorization and a copy of this License Agreement and all documentation. The transfer of Licensee's license rights and obligations terminates Licensee's authorization to use the Software under the Proof of Authorization.
6. ModificationsSoftware modifications may only be distributed in form of patches to the original files contained in the Software Distribution. The patches must be accompanied by a legend of origin and ownership and a visible message stating that the patches are not original Software delivered by eGenix.com, nor that eGenix.com can be held liable for possible damages related directly or indirectly to the patches if they are applied to the Software.
7. Experimental Code or FeaturesThe Software may include components containing experimental code or features which may be modified substantially before becoming generally available. These experimental components or features may not be at the level of performance or compatibility of generally available eGenix.com products. eGenix.com does not guarantee that any of the experimental components or features contained in the eGenix.com will ever be made generally available.
8. Expiration and License Control DevicesComponents of the Software may contain disabling or license control devices that will prevent them from being used after the expiration of a period of time or on Installation Targets for which no license was obtained. Licensee will not tamper with these disabling devices or the components. Licensee will take precautions to avoid any loss of data that might result when the components can no longer be used.
9. NO WARRANTYeGenix.com is making the Software available to Licensee on an "AS IS" basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED, EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, EGENIX.COM MAKES NO AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
10. LIMITATION OF LIABILITYTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EGENIX.COM BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE FOR (I) ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE POSSIBILITY THEREOF; OR (II) ANY AMOUNTS IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO EGENIX.COM UNDER THIS LICENSE AGREEMENT DURING THE TWELVE (12) MONTH PERIOD PRECEEDING THE DATE THE CAUSE OF ACTION AROSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO LICENSEE.
11. TerminationThis License Agreement will automatically terminate upon a material breach of its terms and conditions if not cured within thirty (30) days of written notice by eGenix.com. Upon termination, Licensee shall discontinue use and remove all installed copies of the Software.
12. IndemnificationLicensee hereby agrees to indemnify eGenix.com against and hold harmless eGenix.com from any claims, lawsuits or other losses that arise out of Licensee's breach of any provision of this License Agreement.
13. Third Party RightsAny software or documentation in source or binary form provided along with the Software that is associated with a separate license agreement is licensed to Licensee under the terms of that license agreement. This License Agreement does not apply to those portions of the Software. Copies of the third party licenses are included in the Software Distribution.
14. High Risk ActivitiesThe Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software, or any software, tool, process, or service that was developed using the Software, could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, eGenix.com specifically disclaims any express or implied warranty of fitness for High Risk Activities. Licensee agree that eGenix.com will not be liable for any claims or damages arising from the use of the Software, or any software, tool, process, or service that was developed using the Software, in such applications.
15. GeneralNothing in this License Agreement affects any statutory rights of consumers that cannot be waived or limited by contract. Nothing in this License Agreement shall be deemed to create any relationship of agency, partnership, or joint venture between eGenix.com and Licensee. If any provision of this License Agreement shall be unlawful, void, or for any reason unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or, if no such modification is possible, be severed from this License Agreement and shall not affect the validity and enforceability of the remaining provisions of this License Agreement. This License Agreement shall be governed by and interpreted in all respects by the law of Germany, excluding conflict of law provisions. It shall not be governed by the United Nations Convention on Contracts for International Sale of Goods. This License Agreement does not grant permission to use eGenix.com trademarks or trade names in a trademark sense to endorse or promote products or services of Licensee, or any third party. The controlling language of this License Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only.
16. AgreementBy downloading, copying, installing or otherwise using the Software, Licensee agrees to be bound by the terms and conditions of this License Agreement.
For question regarding this license agreement, please write to: eGenix.com Software, Skills and Services GmbH Pastor-Loeh-Str. 48 D-40764 Langenfeld Germany |
The following two sections give examples of the "Proof of Authorization" for a commercial use license of product under this license.
When you buy such a license, you will receive a signed "Proof of Authorization" by postal mail within a week or two. We will also send you the Proof of Authorization Key by e-mail to acknowledge acceptance of the payment.
EGENIX.COM PROOF OF AUTHORIZATION (Example: CPU License)
1. License GranteGenix.com Software, Skills and Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, hereby grants the Individual or Organization ("Licensee") a non-exclusive, world-wide license to use the software listed below in source or binary form and its associated documentation ("the Software") under the terms and conditions of the eGenix.com Commercial License Agreement Version 1.0.0 and to the extent authorized by this Proof of Authorization.
2. Covered SoftwareSoftware Name: mxODBC Python ODBC Interface Software Version: Version 2.0.0 Software Distribution: mxODBC-2.0.0.zip Software Distribution MD5 Hash: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Operating System: any compatible operating system 3. AuthorizationseGenix.com hereby authorizes Licensee to copy, install, compile, modify and use the Software on the following Installation Targets. Installation Targets: one (1) CPURedistribution of the Software is not allowed under this Proof of Authorization.
4. ProofThis Proof of Authorization was issued by
__________________________________
Langenfeld, ______________________
Proof of Authorization Key:
xxxx-xxxx-xxxx-xxxx-xxxx-xxxx
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The next section gives an example of a "Developer CPU Licenses" which allows you to redistribute software built around the Software or integrating it. Please contact sales@eGenix.com for questions about the redistribution conditions.
EGENIX.COM PROOF OF AUTHORIZATION (Example: Developer License)
1. License GranteGenix.com Software, Skills and Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, hereby grants the Individual or Organization ("Licensee") a non-exclusive, world-wide license to use and distribute the software listed below in source or binary form and its associated documentation ("the Software") under the terms and conditions of the eGenix.com Commercial License Agreement Version 1.0.0 and to the extent authorized by this Proof of Authorization.
2. Covered SoftwareSoftware Name: mxODBC Python ODBC Interface Software Version: Version 2.0.0 Software Distribution: mxODBC-2.0.0.zip Software Distribution MD5 Hash: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Operating System: any compatible operating system 3. Authorizations
3.1. Application DevelopmenteGenix.com hereby authorizes Licensee to copy, install, compile, modify and use the Software on the following Developer Installation Targets for the purpose of developing products using the Software as integral part. Developer Installation Targets: one (1) CPU 3.2. RedistributioneGenix.com hereby authorizes Licensee to redistribute the Software bundled with a products developed by Licensee on the Developer Installation Targets ("the Product") subject to the terms and conditions of the eGenix.com Commercial License Agreement for installation and use in combination with the Product on the following Redistribution Installation Targets, provided that: 1) Licensee shall not and shall not permit or assist any third party to sell or distribute the Software as a separate product; 2) Licensee shall not and shall not permit any third party to (i) market, sell or distribute the Software to any end user except subject to the eGenix Commercial License Agreement, (ii) rent, sell, lease or otherwise transfer the Software or any part thereof or use it for the benefit of any third party, (iii) use the Software outside the Product or for any other purpose not expressly licensed hereunder; 3) the Product does not provide functions or capabilities similar to those of the Software itself, i.e. the Product does not introduce commercial competition for the Software as sold by eGenix.com.
Redistribution Installation Targets: any number of CPUs capable of running the Product and the Software 4. ProofThis Proof of Authorization was issued by
__________________________________
Langenfeld, ______________________
Proof of Authorization Key:
xxxx-xxxx-xxxx-xxxx-xxxx-xxxx
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