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diff --git a/libodb-oracle/NCUEL b/libodb-oracle/NCUEL new file mode 100644 index 0000000..e8e179c --- /dev/null +++ b/libodb-oracle/NCUEL @@ -0,0 +1,294 @@ + ODB NON-COMMERCIAL USE AND EVALUATION LICENSE (NCUEL) + +INTENT + +The intent of this license is to allow you to use ODB with commercial +databases, such as Oracle, Microsoft SQL Server, IBM DB/2, etc., free +of charge non-commercially or for evaluation. + +Furthermore, if a commercial database has a free edition, often called +express edition, such as Oracle Express, Microsoft SQL Server Express, +IBM DB/2 Express-C, etc., that can be used for commercial purposes free +of charge, then this license allows you to use ODB with such an edition +for commercial purposes also free of charge. + +Note also that the development of an application that will be used for +commercial purposes constitutes a commercial use and is not allowed, +except with a free edition of a commercial database. However, this +license allows you to evaluate ODB; that is, to use the Software for +a reasonable period for the purpose of determining its suitability for +a particular application as well as to conduct exploratory development +or proof-of-concept prototyping. + +Finally, any application that uses ODB under this license, whether non- +commercially, for evaluation, or commercially with a free edition of a +database, is subject to the terms and conditions similar to that of the +GPL version 2. In particular, this means that if and when you distribute +your application, you are required to also release its source code. + +If you have any questions concerning this License, please contact us at: +info@codesynthesis.com. + +LEGAL TERMS AND CONDITIONS + +This Code Synthesis Tools CC Non-Commercial Use and Evaluation License +Agreement for ODB Software ("License") is a legal agreement between you, +the Licensee, (either an individual or a single entity) and Code +Synthesis Tools CC ("Code Synthesis") for non-commercially using, +copying, distributing and modifying the Software and any work derived +from the Software, as defined hereinbelow. Any commercial use, except +as expressly provided in Section 2.1, is subject to a different license. + +By using, modifying, or distributing the Software or any work derived +from the Software, Licensee indicates acceptance of this License and +agrees to be bound by all its terms and conditions for using, copying, +distributing, or modifying the Software and works derived from the +Software. If Licensee is agreeing to this License on behalf of an entity +other than an individual person, Licensee represents that Licensee is +binding and have the right to bind the entity to the terms and conditions +of this agreement. + +These terms and conditions only apply to the ODB components that are +explicitly licensed under this License (normally ODB runtime libraries +for commercial databases). Other ODB components may be licensed under +other licenses and are not affected in any way by the terms and +conditions found in this License. Similarly, ODB components licensed +under this License are not affected by the terms and conditions found +in other licenses. If you are using several ODB components that are +licensed under different licenses, you must comply with the terms and +conditions of each such license. + +No rights are granted to the Software except as expressly set forth +herein. Nothing other than this License grants Licensee permission to +use, copy, distribute or modify the Software or any work derived from +the Software. Licensee may not use, copy, distribute or modify the +Software or any work derived from the Software except as expressly +provided under this License. If Licensee does not accept the terms and +conditions of this License, Licensee shall not use, copy, distribute +or modify the Software. + +In consideration for Licensee's forbearance of commercial use of the +Software, except as expressly provided in Section 2.1, Code Synthesis +grants Licensee non-exclusive, royalty-free and without fees rights +as expressly provided herein. + +1. DEFINITIONS. + +A "commercial database" is a database product that has associated +fees and/or royalties payable for production and/or commercial use +of the database product. Commercial databases include, but are not +limited to, Oracle, Microsoft SQL Server, and IBM DB/2. + +A "free edition of a commercial database" is a special, limited edition +of a commercial database, often called express edition, that does not +require fees and/or royalties for production and/or commercial use. +Free editions of commercial databases include, but are not limited to, +Oracle Express, Microsoft SQL Server Express, and IBM DB/2 Express-C. + +The "Software" is one of the ODB runtime libraries for one of the +commercial databases, including, but not limited to, demo programs, +associated media and printed materials, and any included "on-line" +documentation. + +A "work derived from the Software" is any derivative work as defined +in the copyright law of the nation or state where rights to the work +derived from the Software are exercisable; that is to say, a program +which is linked with or otherwise incorporates the ODB runtime library +or a translation, improvement, enhancement, extension or other +modification of the Software which has sufficient originality to +qualify in such a nation or state as a copyrightable work is a work +derived from the Software. + +To "use" means to execute (i.e. run) the Software. + +To "copy" means to create one or more copies of the Software. + +To "distribute" means to broadcast, publish, transfer, post, upload, +download or otherwise disseminate in any medium to any third party. + +To "modify" means to create a work derived from the Software. + +To "evaluate" means to use the Software for a reasonable period for +the purpose of determining its suitability for a particular application +as well as to conduct exploratory development or proof-of-concept +prototyping. + +A "commercial use" is: + +(1) the use of the Software or any work derived from the Software in +connection with, for or in aid of the generation of revenue, such as +in the conduct of Licensee's daily business operations; or + +(2) any copying, distribution or modification of the Software or any +work derived from the Software to any party where payment or other +consideration is made in connection with such copying, distribution or +modification, whether directly (as in payment for a copy of the +Software) or indirectly (including but not limited to payment for some +good or service related to the Software, or payment for some product +or service that includes a copy of the Software "without charge"). +However, the following actions which involve payment do not in and +of themselves constitute a commercial use: + +(a) posting the Software on a public access information storage and +retrieval service for which a fee is received for retrieving +information (such as an on-line service), provided that the fee is not +content-dependent. Such fees which are not content dependent include, +but are not limited to, fees which are based solely on the storage +capacity required to store the information, and fees which are based +solely on the time required to transfer the information from/to the +public access information storage and retrieval service; and + +(b) distributing the Software on a CD-ROM, provided that the Software +is reproduced entirely and verbatim on such CD-ROM, and provided further +that all information on such CD-ROM may be distributed in a manner which +does not constitute a commercial use. + +2. GRANT OF LICENSE. + +2.1. LICENSE TO USE. +Licensee may use the Software provided that such use does not constitute +a commercial use. + +Licensee may also use the Software commercially with a free edition of a +commercial database, if such an edition is available. If Licensee +distributes works derived from the Software and such works may be used +commercially by third parties, Licensee must cause such commercial use +to be limited to a free edition of a commercial database. + +2.2. LICENSE TO EVALUATE. +Licensee may evaluation the Software for commercial use. + +2.3. LICENSE TO COPY AND DISTRIBUTE. +Licensee may copy and distribute literal (i.e., verbatim) copies of the +Software as Licensee receives it throughout the world, in any medium, +provided that Licensee distributes an unmodified, easily-readable copy +of this License with the Software, and provided further that such +distribution does not constitute a commercial use. + +2.4. LICENSE TO CREATE WORKS DERIVED FROM THE SOFTWARE. +Licensee may create works derived from the Software, provided that any +such work derived from the Software carries prominent notices stating +both the manner in which Licensee has created a work derived from the +Software (for example, notices stating that the work derived from the +Software is linked with or otherwise incorporates the ODB runtime +library, or notices stating that the work derived from the Software +is an enhancement to the Software which Licensee has created) and the +date any such work derived from the Software was created. + +2.5. LICENSE TO COPY AND DISTRIBUTE WORKS DERIVED FROM THE SOFTWARE. +Licensee may copy and distribute works derived from the Software +throughout the world, provided that Licensee distributes an +unmodified, easily-readable copy of this License with such works +derived from the Software, and provided further that such distribution +does not constitute a commercial use. Licensee must cause any work +derived from the Software that Licensee distributes to be licensed as +a whole and at no charge to all third parties under the terms of this +License or another free/open source license that does not restrict any +rights of any third party that would have been granted should such work +have been licensed under this License. + +Any work derived from the Software must be accompanied by the complete +corresponding machine-readable source code of such work derived from +the Software, delivered on a medium customarily used for software +interchange. The source code for the work derived from the Software +means the preferred form of the work derived from the Software for +making modifications to it. For an executable work derived from the +Software, complete source code means all of the source code for all +modules of the work derived from the Software, all associated +interface definition files and all scripts used to control compilation +and installation of all or any part of the work derived from the +Software. However, the source code delivered need not include anything +that is normally distributed, in either source code or binary (object- +code) form, with major components (including but not limited to +compilers, linkers, and kernels) of the operating system on which the +executable work derived from the Software runs, unless that component +itself accompanies the executable code of the work derived from the +Software. + +Furthermore, if the executable code or object code of the work derived +from the Software may be copied from a designated place, and if the +source code of the work derived from the Software may be copied from +the same place, then the work derived from the Software shall be +construed as accompanied by the complete corresponding machine-readable +source code of such work derived from the Software, even though third +parties are not compelled to copy the source code along with the +executable code or object code. + +If the work derived from the Software normally reads commands +interactively when run, Licensee must cause the work derived from the +Software, at each time it commences operation, to print or display an +announcement including either a notice consisting of the verbatim +warranty and liability provisions of this License, or a notice that +Licensee, and not Code Synthesis provides a warranty. + +Licensee may not impose any further restrictions on the exercise of +the rights granted herein by any recipient of any work derived from +the Software. + +3. RESTRICTIONS. + +Licensee acknowledges that the Software is protected by copyright laws +and international copyright treaties, as well as other intellectual +property laws and treaties. The Software is licensed, not sold. All +title and copyrights in and to the Software are owned exclusively by +Code Synthesis. + +Licensee may not sublicense, assign or transfer this License, the +Software or any work derived from the Software except as permitted by +this License. + +Licensee is expressly prohibited from using, copying, distributing, +studying the source code, or otherwise examining the Software for +the purpose of reverse engineering or duplicating its functionality +(unless enforcement of this restrictions is prohibited by applicable +law). + +4. LIMITED WARRANTY. + +4.1 NO WARRANTIES. +CODE SYNTHESIS EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE +SOFTWARE IS PROVIDED TO LICENSEE "AS IS," WITHOUT WARRANTY OF ANY KIND, +EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED +WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND +NONINFRINGEMENT OF THIRD PARTY RIGHTS. THE ENTIRE RISK AS TO THE USE, +QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH LICENSEE. SHOULD THE +SOFTWARE PROVE DEFECTIVE, LICENSEE ASSUMES THE COST OF ALL NECESSARY +SERVICING, REPAIR OR CORRECTION. + +4.2. NO LIABILITY FOR DAMAGES. +IN NO EVENT WILL CODE SYNTHESIS, OR ANY OTHER PARTY WHO MAY COPY, +DISTRIBUTE OR MODIFY THE SOFTWARE AS PERMITTED HEREIN, BE LIABLE FOR +ANY GENERAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL +DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF +BUSINESS PROFITS, BUSINESS INTERRUPTION, INACCURATE INFORMATION, LOSS +OF INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR +INABILITY TO USE THE SOFTWARE, EVEN IF CODE SYNTHESIS OR SUCH OTHER +PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. + +5. TERMINATION. + +Any violation or any attempt to violate any of the terms and conditions +of this License will automatically terminate Licensee's rights under +this License. Licensee further agrees upon such termination to cease +any and all using, copying, distributing and modifying of the Software +and any work derived from the Software, and further to destroy any and +all of Licensee's copies of the Software and any work derived from the +Software. + +However, parties who have received copies of the Software or copies of +any work derived from the Software, or rights, from Licensee under this +License will not have their licenses terminated so long as such parties +remain in full compliance with this License. + +6. LICENSE SCOPE AND MODIFICATION. + +This License sets forth the entire agreement between Licensee and Code +Synthesis and supersedes all prior agreements and understandings between +the parties relating to the subject matter hereof. None of the terms of +this License may be waived or modified except as expressly agreed in +writing by both Licensee and Code Synthesis. + +7. SEVERABILITY. + +Should any provision of this License be declared void or unenforceable, +the validity of the remaining provisions shall not be affected thereby. |