license_agreement.txt

vxworks下的一个嵌入式实时数据库,可以分析源码.

Evaluation Agreement

SET FORTH BELOW IS THE EVALUATION AGREEMENT 
THAT YOU ACCEPTED WHEN YOU DOWNLOADED THE 
SOLID SOFTWARE. ALL USE OF THE SOFTWARE IS 
GOVERNED BY THIS AGREEMENT. 


SOLID EVALUATION AGREEMENT

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE 
ATTEMPTING TO DOWNLOAD, INSTALL OR USE THE 
SOFTWARE.  

SOLID INFORMATION TECHNOLOGY LTD. ("SOLID") 
IS WILLING TO LICENSE SOLID DATABASE ENGINE 
AND RELATED DOCUMENTATION 
(COLLECTIVELY THE "PRODUCT") TO YOU 
(THE "EVALUATOR"), ONLY ON THE CONDITION 
THAT YOU ACCEPT ALL OF THE TERMS CONTAINED 
IN THIS AGREEMENT.   PLEASE READ THE TERMS 
CAREFULLY.  BY CLICKING ON 
THE "ACCEPT" BUTTON, DOWNLOADING OR 
INSTALLING THE PRODUCT, YOU ARE INDICATING 
YOUR CONSENT TO BE BOUND BY THE TERMS OF 
THIS AGREEMENT.

IF YOU DO NOT AGREE TO THESE TERMS, 
THEN SOLID IS UNWILLING TO LICENSE THE 
PRODUCT TO YOU.   DO NOT DOWNLOAD, INSTALL 
OR USE THE PRODUCT.  CLICK ON THE "DO NOT 
ACCEPT" BUTTON (OR EQUIVALENT) TO DISCONTINUE 
THE DOWNLOAD/INSTALLATION PROCESS.  IF 
EVALUATOR HAS ALREADY DOWNLOADED THE 
PRODUCT, EVALUATOR SHALL PROMPTLY RETURN 
TO SOLID (OR, AT SOLID'S REQUEST, DESTROY) 
THE PRODUCT AND ALL COPIES AND PORTIONS 
THEREOF.

SOLID desires to provide the Product, 
in object code format, to Evaluator for its 
evaluation purposes for an evaluation period 
(the "Evaluation Period") specified in 
the Order Me file (orderme.txt) of the 
download package.  The Evaluation Period 
starts from the date that Evaluator 
downloads the Product.  Solid may grant 
an extended Evaluation Period, which lasts 
until the expiration date of the extended 
evaluation license.  Evaluator desires to 
perform an internal evaluation of the 
Product for potential use in connection 
with Evaluator's business (the "Evaluation").

1.	GRANT. Subject to the terms and 
conditions of this Agreement, SOLID hereby 
grants Evaluator a royalty free, 
non-exclusive, non-transferable, personal, 
nonsublicensable, revocable, limited 
license to use the Product solely to perform 
the Evaluation during the Evaluation Period. 

2.	LIMITATION ON RIGHTS. Evaluator has 
no right to transfer, sublicense or otherwise 
distribute the Product to any third party or 
to use the Product except to perform the 
Evaluation. Evaluator may not 
(a) modify, adapt or create derivative 
works of the Product nor permit any 
third party to do so; 
(b) copy the Product, except for a 
reasonable number of backup copies; 
(c) rent, lease, loan, resell, transfer 
or sublicense the Product; or 
(d) use the Product in a production or 
development basis, or in any manner to 
provide service bureau, commercial 
time-sharing or other computer services 
to third parties. 

Evaluator acknowledges that the Product 
contains trade secrets of SOLID and, 
in order to protect such trade secrets, 
Evaluator agrees not to disassemble, 
decompile or reverse engineer the Product 
or permit any third party to do so, 
except to the extent permitted in 
jurisdictions where a right to reverse 
engineer is expressly provided by 
law when information is otherwise 
unavailable about the Product that is 
needed to achieve interoperability, 
functional compatibility, or similar 
objectives. In such jurisdictions, 
Evaluator agrees to submit a detailed 
written proposal to SOLID concerning 
Evaluator's information needs before 
engaging in reverse engineering. 

Evaluator may be using a preliminary 
version of the Product and SOLID reserves 
the right at any time to alter the 
features, specifications, capabilities, 
manufacturing, release dates and 
general availability of the Product. 

3.	MAINTENANCE AND SUPPORT.  SOLID 
will have no obligation to provide Evaluator 
with any maintenance and support services 
for the Product.

4.	TERM AND TERMINATION. This 
Agreement, and all rights granted to 
Evaluator hereunder, shall terminate 
(i) automatically without notice upon 
the expiration of the Evaluation Period, or 
upon Evaluator's breach of any provision 
of this Agreement; or 
(ii) immediately upon SOLID providing 
written notice to Evaluator. 

Upon any termination or expiration of this 
Agreement, and provided that Evaluator has 
not purchased a license to the Product, 
Evaluator shall promptly return to SOLID 
(or at SOLID's request, destroy) the 
Product and all copies and portions 
thereof and all other Confidential 
Information in all forms and types of 
media, and certify in writing to SOLID 
that Evaluator has complied with the 
foregoing.  If Evaluator has not purchased 
a license to the Product as of the 
expiration of the Evaluation Period, the 
Product shall cease to function, and 
Evaluator may lose access to data made 
with, or stored on, the Product.  

Sections 2, 5, 6, 7, 8, 9, 12 and 13 will 
survive termination of this Agreement.

5.	NEW LICENSE. If upon expiration of 
the Evaluation Period, Evaluator wishes to 
continue using the Product, Evaluator must 
purchase a license to use the Product. 

6.	FEEDBACK.   At the end of the term 
of this Agreement, Evaluator will at SOLID's 
request deliver to SOLID a final written 
report summarizing Evaluator's evaluation 
of the Product ("Product Evaluation").  
SOLID will be free to use the Product 
Evaluation and any other feedback on the 
Product, including without limitation 
incorporating any of Evaluator's 
suggestions into SOLID products, or for 
purposes of advertising without obligation 
or payment to Evaluator.  All such feedback 
and the Product Evaluations are and shall 
be the sole and exclusive property of SOLID 
and Evaluator hereby assigns to SOLID all 
of its rights, title and interest in and 
to such feedback and Product Evaluations 
including any intellectual property or 
other proprietary rights therein. 

7.	TITLE. All worldwide right, title 
and interest in and to the Product and all 
proprietary rights therein shall be and 
remain the sole and exclusive property of 
SOLID, its licensors and suppliers.  
Evaluator will not delete or in any 
manner alter the copyright, trademark and 
other proprietary rights notices appearing 
in or on the Product. Evaluator agrees to 
reproduce all copyright, trademark and 
other proprietary notices embedded in 
the Product on all copies of the Product. 
Evaluator's rights in or to the Product 
are limited to those expressly granted 
herein and SOLID reserves all rights and 
licenses in and to the Product not 
expressly granted to Evaluator under this 
Agreement.

8.	NON-DISCLOSURE OF CONFIDENTIAL 
	INFORMATION. 
"Confidential Information" means 
(i) the Product, 
(ii) any business or technical information 
of SOLID including without limitation any 
information relating to SOLID's trade 
secrets, product plans, designs, costs, 
product prices and names, finances, 
marketing plans, business opportunities, 
personnel, research and development or 
know-how that is designated as 
"confidential" either orally or in 
writing and 
(iii) and feedback compiled by Evaluator 
including without limitation Product 
Evaluations (which shall be considered 
SOLID's Confidential Information).  

Evaluator agrees to maintain the 
Confidential Information in strict 
confidence. Evaluator shall ensure that 
no unauthorized persons shall have access 
to the Confidential Information. Evaluator 
further agrees that the terms of this 
paragraph shall continue in full force 
and effect irrespective of the expiration 
or termination of this Agreement. 
Confidential Information shall not include 
that information which 
(i) becomes part of the public domain 
through no breach by Evaluator; 
(ii) is independently developed by 
Evaluator; or 
(iii) is rightfully disclosed by a third 
party to Evaluator. The results of the 
Evaluation shall be considered Confidential 
Information of SOLID, and Evaluator agrees 
to keep such results confidential as 
provided in this Section. 

9.	NO WARRANTY. THE PRODUCT IS BEING 
SUPPLIED ON AN "AS IS" BASIS WITHOUT 
WARRANTY OF ANY KIND. SOLID MAKES NO 
WARRANTIES REGARDING THE PRODUCT, EXPRESS 
OR IMPLIED, INCLUDING BUT NOT LIMITED TO 
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE, 
NONINFRINGEMENT, QUIET ENJOYMENT AND 
WARRANTIES ARISING OUT OF COURSE OF DEALING 
OR USAGE OF TRADE.

10.	EXCLUSION OF DAMAGES. IN NO EVENT 
WILL SOLID BE LIABLE TO EVALUATOR OR ANY 
OTHER PARTY FOR DAMAGES OF ANY KIND 
ARISING FROM THIS AGREEMENT OR THE USE 
OF THE PRODUCT, WHETHER RESULTING FROM 
TORT (INCLUDING NEGLIGENCE), BREACH OF 
CONTRACT OR OTHER FORM OF ACTION, 
INCLUDING BUT NOT LIMITED TO DIRECT, 
INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, 
EXEMPLARY AND CONSEQUENTIAL DAMAGES 
(INCLUDING BUT NOT LIMITED TO LOST PROFITS, 
REVENUE, BUSINESS, DATA, BUSINESS 
INTERRUPTION, LOSS OF SUBSTITUTE PRODUCTS 
OR SERVICES OR OTHER ECONOMIC LOSS) OF ANY 
KIND, EVEN IF ADVISED OF THE POSSIBILITY 
OF SUCH DAMAGE.  THE PARTIES HAVE AGREED 
THAT THESE LIMITATIONS WILL SURVIVE AND 
APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED 
IN THIS AGREEMENT IS FOUND TO HAVE FAILED 
OF ITS ESSENTIAL PURPOSE.

11.	GOVERNMENT LICENSEE. Any use, 
duplication, or disclosure of the Product 
by the U.S government is subject to 
restrictions as set forth in this license 
agreement and as provided in 
DFARS 227.7202-1(a) and 
227.7202-3(a) (1995), 
DFARS 252.227-7013(c)(1) (ii) (OCT 1988), 
FAR 12.212(a) (1995), FAR 52.227-19, or 
FAR 52.227-14 (ALT III), as applicable. 

12.	INDEMNIFICATION.  Evaluator will 
defend, indemnify and hold harmless SOLID, 
its affiliates, directors, employees and 
agents from and against any loss, damage, 
liability or cost (including reasonable 
attorneys' fees) resulting from any use 
or evaluation of the Product, including 
without limitation any such claims arising 
from lost profits, lost or damaged data, 
or any other injury or damage arising 
from use of the Product.

13.	MISCELLANEOUS. Evaluator 
acknowledges that a breach by it of this 
Agreement would cause irreparable harm to 
SOLID for which a remedy at law would be 
inadequate. Accordingly, Evaluator agrees 
that, in the event of such a breach, 
SOLID shall be entitled to injunctive 
relief against the same, without being 
required to post a bond, in addition to 
all other remedies that may then be 
available. 

Evaluator agrees to comply 
with all export laws, restrictions and 
regulations of the United States Department 
of Commerce or other United States or 
other sovereign agency or authority, and 
not to export, or allow the export or 
re-export of any of the Product or any 
direct product thereof in violation of 
any such restrictions, laws or 
regulations. 

This Agreement shall be 
construed and enforced in accordance 
with the laws of the State of California 
without regard to conflict of law rules. 

The United Nations Convention on 
Contracts for the Sale of Goods shall not 
govern this Agreement and is expressly 
excluded from this Agreement. 

This Agreement constitutes the entire 
agreement between the parties with respect 
to its subject matter, and supersedes any 
and all written or oral agreements 
previously existing between the parties 
with respect to such subject matter. 
Any modifications of this Agreement 
must be in writing, and signed by a duly 
authorized representative of the parties. 

Evaluator will have no right to assign 
this Agreement, in whole or in part, 
without SOLID's prior written consent. 
Any attempt to assign this Agreement, 
without such consent, will be null and 
void. 

Any legal action or proceeding 
arising under this Agreement will be 
brought exclusively in the federal or 
state courts situated in San Francisco 
County, California and the parties hereby 
consent to the personal jurisdiction and 
venue therein. 

If for any reason any provision of this 
Agreement is held to be invalid or 
unenforceable, that provision of the 
Agreement will be enforced to the 
maximum extent permissible and the other 
provisions of this Agreement will remain 
in full force and effect. 

The failure by either party to enforce 
any provision of this Agreement will not 
constitute a waiver of future enforcement 
of that or any other provision.  

Evaluator and SOLID agree that there shall 
be no third party beneficiaries to this 
Agreement.  

The headings herein are inserted for 
convenience of reference only and are not 
intended to be a part of or to affect the 
meaning or interpretation of this Agreement.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS 
AGREEMENT, UNDERSTAND IT AND AGREE TO BE 
BOUND BY ITS TERMS AND CONDITIONS. THE 
PRODUCT AND THE ACCOMPANYING DOCUMENTATION 
ARE PROTECTED BY UNITED STATES COPYRIGHT 
LAW AND INTERNATIONAL TREATY. UNAUTHORIZED 
USE, REPRODUCTION OR DISTRIBUTION IS 
SUBJECT TO CIVIL AND CRIMINAL PENALTIES.