📄 license.txt
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TERMS AND CONDITIONS Club ITTIA and db* Agreements ---------------IMPORTANT - READ CAREFULLY: This Agreement is a legal agreement between you(either an individual or a single entity) and ITTIA, LLC, a Washington limitedliability company, for membership in Club ITTIA, which offers products,technical support and consulting services in the field of imbedded databaseproducts (the "Club ITTIA Products and Services"). This Agreement containsall of the Terms of Use for the Club ITTIA Services and membership in ClubITTIA, (hereinafter "Agreement" or "Terms of Use").BY CLICKING THE [ACCEPT] ICON BELOW, OR BY COMPLETING THE MEMBERSHIPREGISTRATION PROCESS, OR BY INSTALLING, COPYING OR OTHERWISE USING THESERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, WITHOUTMODIFICATION, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY ANDTERMINATION PROVISIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO SUCH TERMSAND CONDITIONS, DO NOT SIGN THIS AGREEMENT OR COMPLETE THE MEMBERSHIPREGISTRATION PROCESS OR USE THE CLUB ITTIA SERVICE.1. Club ITTIA. The purpose of Club ITTIA is to offer the Club ITTIA Productsand Services. Portions of the Club ITTIA Services may be governed by separateagreements, guidelines, rules, terms and conditions and are herebyincorporated by reference into these Terms of Use. In the event a conflictbetween such other guidelines, rules, terms and conditions and these Terms ofUse arise, the Terms of Use shall control, except that the Club ITTIA PrivacyPolicy (the "ITTIA Privacy Policy"), referenced herein, supersedes anyconflicting language in these Terms of Use and/or any other guidelines, rules,terms and conditions published in connection with the Club ITTIA Services withrespect to the subject matter covered by such Privacy Policy.2. Member. A member of Club ITTIA is a single user or, if a legal entity, asingle user of that legal entity, operating a physical device capable oflogging in, using, or connecting to the ITTIA web site, currently located athttp://www.ittia.com for utilizing Club ITTIA and the Club ITTIA Products andServices ("Member"). Club ITTIA offers three levels of membership to its Members: Basic Member, Standard Member, and Premium Member. Except as provided herein, only Standard and Premium Members are authorized to develop and distribute applications for commercial purposes with Club ITTIA Products and Services.3. Membership License fee. The price of this Membership License is based, inpart, upon the maximum number of developers specified in the sales order(including our quotation or invoice). Therefore, the Products may be usedonly by the number of developers specified in the sales order as accepted byITTIA. Licenses for additional developers must be separately purchased fromITTIA. You may use the Products only on the number of workstations (definedas the number of developers) declared in the sales order.4. Registration. As part of the registration process, each Member willselect a user name and ITTIA will provide a password. Users are required toprovide the following personally identifiable information: first name, lastname, e-mail address, company' name, country, (state only in USA), phonenumber, and where Member has learned about ITTIA (collectively, "MemberLogin"). When registering as a Member of Club ITTIA, such Member Logininformation must be accurate, complete and up-to-date information asrequested. It is your responsibility to inform ITTIA of any changes to thatinformation. Club ITTIA provides each Member with products or services inwhich that Member has expressed interest during the registration process.Standard and Premium Members are provided additional services pursuant to theStandard and Premium Member services so provided as described herein. ITTIAwill only provide you with services that match the interests you haveselected, or that match your Member Level. All Member Login informationprovided to ITTIA by a Member will be governed by the ITTIA Privacy Policy.5. Membership License. Pursuant to these Terms of Use, ITTIA grants Member anon-exclusive, non-transferable right and license to use the Club ITTIAProducts and Services ("Membership License"). Each such Membership License islimited to one (1) individual Member user. Your rights and obligations underthis Agreement shall not be transferred or assigned directly or indirectlywithout the prior written consent of ITTIA. The price of this MembershipLicense is based, in part, upon the maximum number of Members (developers)specified in the sales order (including our quotation or invoice). You mayrenew your Membership License annually.6. Location. For purposes of this Agreement, "Location" means thegeographical place where the Club ITTIA Services are provided to, installedand licensed to a Member. Such Location, for the purposes of this Agreement,is the physical address you provide in your Member Login.7. Products. ITTIA shall provide certain software products in connectionwith the Club ITTIA Membership License ("Products"). Such Products shallinclude, but not be limited to, database software. When retrieving informationand Products from Club ITTIA, you are prohibited from (1) using or attemptingto use spiders, robots, avatars, intelligent agents, or any other extractionor navigation search except for a normal browser, (2) aggregating, copying orduplicating any of the materials or information available from the site exceptfor the small amount of materials and information temporarily required for anordinary single use of the site, or (3) accessing data not intended for suchuser. Certain Club ITTIA Products are provided to Members of all levelspursuant to an open source licensing model ("Open Source Products"). Theterms and conditions of the use, modification and/or distribution of such OpenSource Products will be provided to you with each release of any such product.(4) You will not reproduce and distribute any application or programs and anyother executable utilities or executable program that incorporate theProducts, unless you become a Standard or Premium Member8. TRANSFER RESTRICTION. You cannot transfer the Membership License withoutITTIA's prior written consent.9. Updates. As part of your active Standard or Premium Membership in ClubITTIA, ITTIA shall provide Members with certain bug fixes, error corrections,or non- function enhancing minor releases that are published and are madegenerally available by ITTIA (the "Updates").10. Upgrades. As part of your Standard or Premium Membership in Club ITTIA,ITTIA shall provide Members with certain Updates to its products offeredpursuant to the Club ITTIA Services, which may include function-enhancingreleases or new object code versions (other than Updates) that are publishedand made available to a Member.11. ITTIA'S Software and Content Available Via Club ITTIA. Unless otherwiseexpressly stated in these Terms of Use or in any license of an Open SourceProduct, the Club ITTIA Products and Services are owned by and are thecopyrighted work of ITTIA or its suppliers. Your use of the Club ITTIAProducts and Services are governed by these Terms of Use. Products andServices offered by Club ITTIA are protected by individual software licenseagreements, or are subject to public license agreements in the case of OpenSource Products. A Member may not install or use any software, or otherproducts, that is accompanied by or includes a license agreement unless youfirst agree to the license agreement terms. For any Product(s) notaccompanied by a license agreement, ITTIA hereby grants you, the Member, apersonal, non-transferable license to use the software or product(s) forviewing and otherwise for using the Club ITTIA Products and Services inaccordance with these Terms of Use, and for no other purpose, provided thatyou keep intact all copyright and other proprietary notices. Unless otherwiseexpressly stated in any license of an Open Source Product, any reproduction orredistribution of the Products and Services is expressly prohibited by law,and may result in severe civil and criminal penalties. Violators will beprosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING,COPYRIGHT OR REPRODUCTION OF THE SOFTWARE OR PRODUCT(S) OR SERVICES TO ANYOTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION ISEXPRESSLY PROHIBITED. THE SOFTWARE AND PRODUCT(S) ARE WARRANTED, IF AT ALL,ONLY ACCORDING TO THE TERMS OF THIS AGREEMENT. Member acknowledges that thesoftware, Product(s) and Services, and any accompanying documentation and/ortechnical information, is subject to applicable export control laws andregulations of the United States of America. Member agrees not to export orre-export the software or product(s), directly or indirectly, to any countriesthat are subject to export restrictions of the United States of America.12. Use of Member Account. As the registered Member of a Club ITTIA accountyou are entirely liable for all activities conducted through that account, andare responsible for ensuring that any other person who uses the account isaware of the terms of this Agreement. Each person who uses the Club ITTIAaccount agrees to be bound by the terms of this Agreement, whether or not suchperson is a Member. You will notify us at legal@ittia.com of any known orsuspected unauthorized use(s) of your account, or any known or suspectedbreach of security, including loss, theft, or unauthorized disclosure of yourMember Login information, including your user name and password. We will haveno liability for any circumstances arising from the unauthorized use of aMember's user name or password, or your account. Any fraudulent, abusive, orotherwise illegal activity on your account may be reported to appropriatelaw-enforcement agencies by us. You are solely responsible for providing allcomputer hardware, telephone and other equipment necessary to access the ClubITTIA Products and Services, including without limitation Internet accesssoftware and connectivity.13. Club ITTIA Forum. As part of the Club ITTIA Products and Services, ITTIAshall offer a developers forum wherein Members will have the opportunity todiscuss the Club ITTIA Products and Services (the "Club ITTIA Forum"). If yousubmit any information to the Club ITTIA Forum, you agree not to (1) post ortransmit anything that is defamatory, abusive, libelous, unlawful, obscene,threatening, harassing, fraudulent, pornographic, or harmful, or that couldencourage criminal or unethical behavior, (2) post or transmit pyramid schemesor chain letters or conduct gambling, (3) post or transmit anything thatviolates the copyright or intellectual property rights of any person orentity, (4) post or transmit a virus or any other harmful component, or (5)contact other site users through unsolicited e-mail, telephone calls, mailingsor any other method of communication. Should you decide to submit, enter ortransmit through use of the Club ITTIA Forum or other Club ITTIA Servicesinformation or materials of any kind, you are responsible for ensuring thatyou may do so and that such information and materials may be accessed, used,copied, distributed and adapted by other users of the Club ITTIA Service(including sponsor or its host providers) without liability or restriction.You are responsible for making sure all information and materials that youoriginate or require are properly backed up so you have ready access theretoin the event of loss, corruption or interruption.14. Technical Support. ITTIA may, at its sole discretion, provide technicalsupport services related to the Club ITTIA Products and Services. TechnicalSupport and Services are governed by a separate agreement.15. Indemnification. You agree to indemnify, hold harmless, and defend ITTIAfrom and against any and all claims or lawsuits, including reasonableattorney's fees, that arise or results from your unauthorized use ordistribution of Products and Services offered by ITTIA, including any claimthat your application programs infringe any rights of any third parties.16. Term and Termination. You may terminate this Agreement and yourMembership by providing written notice to ITTIA of such termination. Upontermination of your Club ITTIA membership, you must return to ITTIA or destroyall information for which you can use to access Club ITTIA, and notify ITTIAin writing that you have so destroyed such material. This Agreement willterminate automatically on the termination date, or if you infringe any ofITTIA's intellectual property rights in the Club ITTIA Services or in ClubITTIA, or breach any terms of this Agreement or other software licenseagreements of any of the products and services offered by Club ITTIA. ITTIAmay suspend or terminate your Membership with thirty (30) days prior notice toMember with an opportunity to cure, if you fail to cure any breach or pay anyamount due to ITTIA or any ITTIA subsidiary after the expiration of thirty(30) days from the date of such notice, this Agreement and your Membershipwill terminate.17. Disclaimer of Warranties. To the maximum extent permitted by applicablelaw, ITTIA and its suppliers provide this Membership and any (if any)Technical Support services related to the Membership "AS IS", AND EXCEPT ASOTHERWISE STATED IN THIS AGREEMENT, HEREBY DISCLAIMS ALL WARRANTIES ANDCONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITEDTO, ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OFRESPONSES, RESULTS, AND NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT, ALL WITHREGARD TO THE CLUB ITTIA SERVICES AND PRODUCTS, THE CLUB ITTIA FORUM, AND THEPROVISION OF OR FAILURE TO PROVIDE TECHNICAL SUPPORT. THE ENTIRE RISK AS TOTHE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE CLUB ITTIA SERVICESAND PRODUCTS, THE CLUB ITTIA FORUM, AND TECHNICAL SUPPORT, IF ANY, REMAINSWITH YOU (MEMBER).18. Exclusion of Incidental or Consequential and Certain Other Damages. Tothe maximum extent permitted by applicable law, in no event shall ITTIA or itssuppliers be liable for any special, incidental, indirect, or consequentialdamages whatsoever (including, but not limited to, damages for loss of profits
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