STIMULSOFT SERVER LICENSE AGREEMENT
This Stimulsoft, ("STIMULSOFT") Server License Agreement ("SLA") is a legal agreement between you("CUSTOMER") and STIMULSOFT for STIMULSOFT SERVER identified above and including software,components, source code (if provided), demos, intermediate files, media, printed materials, and"online" or electronic documentation ("SOFTWARE") contained in this installation file.
STIMULSOFT grants to you, a personal, nonexclusive license to install and use the SOFTWARE for thesole purposes of designing, developing, testing, and deploying reports which you create.
By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of thisSLA. If you do not agree to any part of the terms of this SLA, DO NOT INSTALL, USE, DISTRIBUTE IN
ANY MANNER, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE SOFTWARE.
All SOFTWARE is licensed, not sold.
The license is perpetual. The purchased product can be used as long as needed.
ACTIVATIONSOFTWARE is delivered as the installation package. Until activation, SOFTWARE operates as a trialversion. After its activation it operates as a registered version. Activation can be done using thecredentials that will be sent after purchase. After applying the credentials, SOFTWARE will sendrequest to Stimulsoft Activation Server and activate the software. SOFTWARE is activated on one
particular server (computer) and is automatically linked to it after activation.
If you want to transfer the installation to another server, you should deactivate the current server
installation. Then activate SOFTWARE on new server.
USERSSOFTWARE licensing depends on the number of users. The user is a person who has a createdaccount on the server, connects to it from a client, registered there as a user and uses SOFTWARE forworking with reports.
SOFTWARE is delivered with a minimum package for 10 users. This means that up to 10 users(including the administrator) can simultaneously be connected to the server and use a specific server
installation.
If it is necessary to use our product for more users, then it is possible to switch the current license on
the license for greater number of users. For this the CUSTOMER should pay the difference between
the cost of the current license and the cost of the license the CUSTOMER wants to upgrade on.
RESTRICTIONSCUSTOMER may not rent, lease, lend, copy, modify, sub-license, time-share, electronically transmit orreceive the SOFTWARE, except as provided in this license, or as directed by STIMULSOFT. You may
alter the source code of the SOFTWARE, excluding file names and copyright inscriptions, for thepurpose of your use as authorized by this Agreement, but you may not otherwise translate, reverse
engineer, decompile or disassemble or otherwise alter the SOFTWARE or its documentation.
CUSTOMER may not reverse engineer, decompile, create derivative works, modify, translate, ordisassemble the SOFTWARE, and only to the extent that such activity is expressly permitted byapplicable law notwithstanding this limitation. You agree to take all reasonable, legal and appropriatemeasures to prohibit the illegal dissemination of the SOFTWARE or any of its constituent parts andredistributables to the fullest extent of all applicable local, US Codes and International Laws andTreaties regarding anti-circumvention, including but not limited to, the Geneva and Berne WorldIntellectual Property Organization (WIPO) Diplomatic Conferences.
CUSTOMER will indemnify and hold STIMULSOFT its related companies and its suppliers, harmlessfrom and against any claims or liabilities arising out of the use, reproduction or distribution of yourprograms
CUSTOMER may not use STIMULSOFT's or any of its supplier's names, logos, or trademarks to market
your programs.
CUSTOMER will indemnify and hold STIMULSOFT its related companies and its suppliers, harmlessfrom and against any claims or liabilities arising out of the use, reproduction or distribution of yourprograms;
YOU MAY NOT CREATE ANY TOOL OR SOFTWARE THAT DIRECTLY OR INDIRECTLY COMPETES WITH
THE SOFTWARE WHICH UTILIZES ALL OR ANY PORTION OF THE SOFTWARE.
The SOFTWARE is licensed as a single PRODUCT. The SOFTWARE and its constituent parts may not bereverse engineered, decompiled, disassembled or separated for use on more than one computer, norplaced for distribution, sale, or resale as individual creations by CUSTOMER. The provision of source
code, if included with the SOFTWARE, does not constitute transfer of any legal rights to such code,and resale or distribution of all or any portion of all source code and intellectual property will be
prosecuted to the fullest extent of all applicable local, federal and international laws. All STIMULSOFT
libraries, source code if provided, redistributables and other files remain STIMULSOFT exclusive
property.
TRANSFER
You may transfer all of your rights to use the SOFTWARE to another person, provided that you
transfer to that person all of the software, and documentation provided in this package (including
this license agreement), and transfer or destroy all copies in any form. Remember, once you transfer
the SOFTWARE, you no longer have any right to use it, and the person to whom it is transferred may
use it only in accordance with the copyright law, international treaty, and this license.
COPYRIGHT
All title and copyrights in and to the SOFTWARE (including but not limited to any images, demos,
source code if provided, intermediate files, packages, photographs, distributables, animations, video,audio, music, text, and "applets" incorporated into the SOFTWARE the accompanying printed
materials, and any copies of the SOFTWARE) are owned by STIMULSOFT or its subsidiaries. TheSOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you musttreat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE
on a single computer provided you keep the original solely for backup or archival purposes. You may
not copy the printed materials accompanying the SOFTWARE. Therefore, you must treat theSOFTWARE like any other copyrighted material except that you may install the SOFTWARE provided
you keep the original solely for backup or archival purposes.
THIRD PARTYThe SOFTWARE contains third party software which is subject to additional notices and terms andconditions. Such required third party software notices and additional terms and conditions arelocated at Third Party and are made a part of the incorporated by reference into this LICENSE.
CUSTOMER acknowledges and agrees that certain third-party software which is not incorporated intothe SOFTWARE may be required in order for CUSTOMER to use or enjoy the full benefit of theSOFTWARE. CUSTOMER shall be fully responsible for obtaining a lawful copy of such software.
CUSTOMER use of such separately acquired third party software shall be in accordance with anyterms and conditions of the license agreement provided with such software.
TERMINATION
Without prejudice to any other rights or remedies, STIMULSOFT will terminate this SLA upon yourfailure to comply with all the terms and conditions of this SLA. In such events, you must destroy all
copies of the SOFTWARE and all of its component parts including any related documentation, andmust remove ANY and ALL use of such technology immediately from any applications using
technology contained in the SOFTWARE developed by you, whether in native, altered or compiledstate.
LIMITED WARRANTYNO WARRANTIES. STIMULSOFT expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE
AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND,EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRERISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. To themaximum extent permitted by applicable law, in no event shall STIMULSOFT be liable for any special,incidental, indirect, or consequential damages whatsoever (including, without limitation, damages
for loss of business profits, business interruption, loss of business information, or any otherpecuniary loss) arising out of the use of or inability to use the SOFTWARE or the provision of or
failure to provide Support Services, even if STIMULSOFT has been advised of the possibility of suchdamages.
SUPPORT SERVICESSTIMULSOFT may provide you with support services related to the SOFTWARE ("Support Services").
Use of Support Services is governed by the STIMULSOFT policies and programs described in the user
manual, in "online" documentation and/or other STIMULSOFT-provided materials. Any supplemental
SOFTWARE code provided to you as part of the Support Services shall be considered part of theSOFTWARE and subject to the terms and conditions of this SLA. With respect to technical information
you provide to STIMULSOFT as part of the Support Services, STIMULSOFT may use such information
for its business purposes, including for SOFTWARE support and development. STIMULSOFT will not
utilize such technical information in a form that personally identifies you.
GENERAL PROVISIONSThis SLA may only be modified in writing signed by CUSTOMER and an authorized officer ofSTIMULSOFT. If any provision of this SLA is found void or unenforceable, the remainder will remain
valid and enforceable according to its terms. If any remedy provided is determined to have failed for
its essential purpose, all limitations of liability and exclusions of damages set forth in the Limited
Warranty shall remain in effect.
You, as the CUSTOMER, agree and ascend to the adherence to all applicable international treaties
regarding copyright and intellectual property rights which shall also apply. In addition, you, as
CUSTOMER, agree that any local law(s) to the benefit and protection of STIMULSOFT ownership of,and interest in, its intellectual property and right of recovery for damages thereto will also apply. IF
CONDITION OF THIS LICENSE DISAGREES WITH LOCAL LAW(S), THEN YOU CAN NOT USE SOFTWARE.
MISCELLANEOUS
STIMULSOFT reserves all rights in the SOFTWARE not specifically granted in this SLA.
This license is subject to change without notice in future updates to the SOFTWARE.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BEBOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND
EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, WHICH SUPERSEDES ANY PROPOSAL ORPRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN USRELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.