Valentina Server License Agreement

This license applies to:

Valentina Server (COMMERCIAL USE)
Valentina Server /5 (NON COMMERCIAL or INTERNAL USE)
Valentina Server Embedded (available through Valentina Developer Network)
ISSUE DATE: 1202270910

Important: The information here duplicates the license agreements listed on the the main Paradigma Software website. Each license agreement has a release number. If there is a difference between a license agreement listed here and one on the website, the newest issued license is the prevailing license.


INTRODUCTION

This License Agreement ('EULA', herein also referred to as 'Agreement') is a legal agreement between You ('YOU') and Paradigma Software, Incorporated ('PARADIGMA'), for a Paradigma Software Product, herein referred to as Product ('PRODUCT') which includes computer software (the Software). You are legally bound by the terms of this Agreement if you install, license, use, download or transmit the Product.

Associated media, printed materials, and 'online' or electronic documentation are governed according to their own license.

Specific grants under this EULA are based on the specific Product covered as described by Product Name in this EULA.

If you do not agree to the terms of this EULA, do not download, install or use it. You agree that by downloading or otherwise using the Product in any way constitutes your agreement with the terms of this Agreement and to be bound by its terms.

This EULA applies individually to the PRODUCT; the only exception to this is if you commit an uncured breach of this EULA, which Paradigma may treat as an uncured breach of every EULA to all Products licensed by PARADIGMA to you; You warrant that any license information you provide is true and complete.

You may not transfer or sub license any rights granted under this agreement, or otherwise convey or transfer the license code of this software, without the express permission of PARADIGMA.

This agreement constitutes the entire agreement between you and Paradigma in regards to the rights herein and supersedes any prior agreement concerning the Product. This agreement may only be modified by being superseded by a future update of the EULA from PARADIGMA.


DEFINITIONS

'You' or 'Licensee' refers to you, either an individual or entity.

'PARADIGMA', 'Paradigma Software, Incorporated' refers to Paradigma Software, Incorporated, an Oregon, USA company.

'DOCUMENTATION' refers to any user manual, both printed and electronic (file based), and other printed materials accompanying the Product.

'USE' refers to making use of the PRODUCT on a dedicated device.

'DEDICATED DEVICE' refers to a computer or other hardware that allows the PRODUCT to function.

'PRODUCT' refers to the Paradigma Software, Incorporated product, or any portion of the Paradigma Software, Incorporated product you license under this Agreement.

'GREATER WORK' refers to an application, created by you, that provides significant, original, new functionality that is substantially different from the functionality of PRODUCT;

'INTERNAL USE' refers to the use of the PRODUCT for use by the entity that licenses the PRODUCT

'COMMERCIAL USE' herein defined as your receiving any material compensation for the use of the PRODUCT, including any direct or indirect benefit, that is otherwise not defined as NON COMMERCIAL USE or FREE USE.

'NON COMMERCIAL USE' herein is defined as the use of the PRODUCT in one of the following conditions:* Use to the benefit of academic institutions (K-12, College, University) for academic research or administrative purposes, by students, teachers or administrative staff;

* Use to the benefit of public museums or libraries for academic research or administrative purposes;

'FREE USE' herein is defined as use of the PRODUCT without additional cost of COMMERCIAL USE or ACADEMIC USE, and solely within the requirements of any FREE USE portion of this Agreement. Specific functions of this PRODUCT may function either in an unserialized version of this PRODUCT or in the event a no-cost serial code is provided. You are bound under terms of this Agreement even if you are using a FREE USE version.

'SERIAL CODE' refers to a unique serial code provided by Paradigma to you to initialize the Product, or to a license file. Any serial code may not be made accessible to any other entity through a network or by storage on a network.


TERMS

In consideration of payment, Paradigma Software, Incorporated grants you a limited, non-exclusive, license to Use of Product as defined in this Agreement, until this Agreement is terminated.


GRANTED RIGHTS


INSTALLATION AND USE

You may install and use the Product on a single, dedicated device per License, unless otherwise allowed under the subsections of this Agreement.


ARCHIVAL RIGHTS

You may retain an archival copy of the software only while you in good standing with this EULA and not in breach.


USE RIGHTS

You are granted rights to use the Product provided that you meet all requirements of this EULA. This Product is licensed, not sold. You are granted the rights to USE this product on a dedicated device under the terms of this Agreement and its subsections.


GENERAL REQUIREMENTS AND RESTRICTIONS


SECURITY

You may only use the Product in a secure environment that protects the Product from being accessed for the purpose of downloading the serialized or unserialized executable, including any serialization files of the Product.


FALSIFIED OR FRAUDULENT INFORMATION; THEFT

If you provide Paradigma Software with falsified or fraudulent information during, as a part of, or in an update to, the registration process, or for lack of compliance with any provision of this Agreement, that you are in breach of this Agreement. You agree that, if contacted by a representative of Paradigma Software, either in writing from Paradigma Software officers or by email (if originating from the paradigmasoft.com or valentina-db.com domain), you will promptly confirm or provide any registration information required. In the event the media or device containing license information is stolen, you will promptly contact Paradigma Software of the loss and the license information covered under this Agreement.


GENERAL LIMITATIONS ON USE OF PRODUCT

THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUPPORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE PRODUCT, EXCEPT AND ONLY TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW.


GENERAL PROVISIONS


BREACH OF CONTRACT

Any breach of any portion of this agreement automatically and immediately terminates any rights granted to You on the date the violation occurs, and you agree to: destroy or have destroyed all copies of the Product, including any archival copies the Product. At its sole discretion, PARADIGMA may waive a breach, but any waiver of any one breach does not constitute a waiver of other or subsequent breaches. PARADIGMA is entitled to any costs or legal fees associated with bringing you into compliance with this Agreement, as well as any other damages awarded.


RIGHT TO MODIFY AGREEMENT; RIGHT TO PREVIOUS AGREEMENT

Paradigma Software, Incorporated reserves the right to update, modify or replace this Agreement at any time and without any additional notice to you, when the following is true:

1) Such update, modification or replacement of this Agreement is included in any patch, upgrade, update version or derivative of the Product that Paradigma makes available, and

2) you install, download, purchase or use the patch, upgrade update version or derivative of the Product.

You may continue to use a previously released version of Product under the EULA associated with the Product provided there is no breach of contract under the previous Agreement.


NO ATTACHED PROVISIONS

Paradigma is not bound by any provision of any purchase order, receipt, acceptance, confirmation, correspondence, or otherwise, unless Paradigma specifically agrees to the provision in writing. You agree that any provision applied to any purchase order, receipt, acceptance, confirmation, correspondence or otherwise received by Paradigma shall be void without the express written agreement of Paradigma.


HEADINGS

Headings and section titles in this Agreement are for organizational purposes and do not, in themselves, constitute any interpretive portion of this Agreement.


LIMITED RIGHT TO TRANSFER

You may not transfer the license of this Product.


SEVERABILITY

The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted.


LIABILITY

In the event that there is a risk of liability based on the claim that the Product infringes any copyright, patent, or any other intellectual property right under the laws and jurisdiction of the United States of America, You must promptly contact Paradigma. Paradigma may elect to do one or more of the following: (1) Paradigma may exchange the allegedly infringing Product with non-infringing components of equivalent functionality, at no charge to you; and (2) Paradigma may acquire the right for you to continue to use the Product. If Paradigma is unable to affect any of these remedies, Paradigma may repurchase the Product from you for its original price. You agree to indemnify, hold harmless and defend Paradigma from and against any claims or lawsuits, including attorneys' fees that arise or result from the use of non-Paradigma products, or any alteration of the Product. In no event shall Paradigma's total liability for any damages, in connection with the product, the product documentation, and/or this license exceed the license fees paid for Licensee's right to use this copy of the product whether such liability arises from any claim based upon contract, warranty, tort or otherwise. You agree to indemnify, hold harmless and defend Paradigma from and against any claims or lawsuits, including attorneys’ fees that arise or result from your use of one or more components of the Software that you license under this Agreement in combination with non-Paradigma products, or as a result of any alteration of the Software by you.

THE SOFTWARE IS PROVIDED 'AS IS', AND PARADIGMA IS NOT RESPONSIBLE FOR LICENSEE'S ABILITY OR INABILITY TO USE OR INCORPORATE THE SOFTWARE FOR ANY PURPOSE BEYOND THAT SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL PARADIGMA BE LIABLE TO LICENSEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHERWISE IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION AND/OR THIS AGREEMENT EVEN IF PARADIGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES

Some U.S. states do not allow limitation or exclusion of incidental or consequential damages, so that above limitation or exclusion may not apply to this Agreement. In no event shall PARADIGMA total liability for any damages, in connection with the Software and/or this Agreement exceed the license fees paid for Licensee's right to use this Software, whether such liability arises from any claim based upon contract, warranty, tort or otherwise.


LIMITED WARRANTY

Paradigma warrants that if you purchased the Product on media provided by Paradigma, Paradigma warrants the media to be free of defects for a period of 30 days after the date of purchase through any authorized venue.


EXCLUSIVE REMEDY

Your exclusive remedy is to return the Product to the place you acquired it, with a copy of your receipt. You agree to any return or remedy policy required by the place you acquired the software. Your exclusive remedy and Paradigma and its suppliers' entire liability arising from or in connection with the software, documentation, product and/or this license (including without limitation for breach of warranty or non-infringement) shall at the greatest be refund of license fees paid. IT IS EXPRESSLY UNDERSTOOD THAT ANY USE OF ANY VERSION OF THIS PRODUCT DESIGNATED AS FREE OR NO COST SHALL BE SOLELY AT THE RISK OF THE USER.


ALLOCATION OF RISK

Provisions of this Agreement such as the warranty limitations, exclusive remedies and limitations of liability are unrelated, independent allocations of risks between Licensee and Paradigma. Unenforceability of any such provisions shall not affect the enforceability of other such provisions. Paradigma's pricing reflects the allocations of risk contained in this Agreement.


GOVERNING LAW, COPYRIGHT RESTRICTIONS

The Product is provided with RESTRICTED RIGHTS under the laws of copyright of the United States. All rights not expressly granted in this Agreement are reserved by Paradigma Software, Incorporated. Use, duplication, or disclosure by the government is subject to restrictions set forth in subparagraph ©(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and paragraph (c(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19. The manufacturer Paradigma Software, Incorporated, 6107 SW Murray Blvd #151, Beaverton, Oregon 97008.

You acknowledge that the Software may require a license from the United States Department of Commerce or other government agency before it may be taken or sent outside the United States. You agree to obtain any required license before taking or sending the Software outside the United States. You will not permit the export or re-export of the Software without obtaining required licenses or letters of further assurance. You agree to pay all taxes that may now or hereafter be imposed, levied, or assessed with respect to the possession or use of the Software or this Agreement. If any provision of this Agreement is unenforceable, all others will remain in effect. If any provision of this Agreement is held unenforceable as written, it shall be enforced to the maximum extent allowed by applicable law. This Agreement shall be governed by the internal laws of the State of Oregon and the United States, including U.S. copyright laws, and venue in the event of any suit, proceeding or claim shall be in the Courts located in Washington County, Oregon. If you have any questions regarding this Agreement, you may contact Paradigma by writing Paradigma at the following address:

Paradigma Software, Incorporated 6107 SW Murray Blvd #151 Beaverton, Oregon 97008

YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE, FINAL AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PARADIGMA AND SUPERSEDES ANY PRIOR AGREEMENT OR ANY OTHER COMMUNICATIONS BETWEEN PARADIGMA AND YOU RELATING TO THE USE OF THE SOFTWARE.


SPECIFIC GRANTS BY PRODUCT

The following subsections define differences between the versions of PRODUCT where they differ from VALENTINA SERVER (COMMERCIAL USE).


VALENTINA SERVER /5

Valentina Server /5 is a version of VALENTINA SERVER with specific, additional restrictions on its use and deployment.

Valentina Server /5 is licensed for INTERNAL USE with a maximum of one license for each supported operating system (Windows, Mac OS X and Linux) per licensee, unless it is licensed under the terms of NON COMMERCIAL use; if Valentina Server /5 is licensed under the terms of NON COMMERCIAL use, then the maximum limit of one license for each supported operating system per licensee does not apply;
Valentina Server /5 license for COMMERCIAL USE is expressly prohibited;
COMMERCIAL USE versions of Valentina Server are available under the terms and limitations of VALENTINA SERVER EMBEDDED and VALENTINA SERVER (COMMERCIAL USE).


VALENTINA SERVER EMBEDDED

VALENTINA SERVER EMBEDDED is a version of Valentina Server licensed by version release to fully paid up, non-breaching customers of Valentina Developer Network, which allows the following rights and restrictions for use with a Greater Work.

Unlimited re-deployment to third party customers of the VALENTINA SERVER EMBEDDED component with the license file designated as the DEVELOPER LICENSE FILE, as a part of a greater work as defined herein;
Redeployment requires inclusion of PARADIGMA copyright notices where your copyrights are listed.
Right to purchase SINGLE, per deployment upgrades to the DEVELOPER LICENSE FILE, and deploy the SINGLE deployment upgrade to a single, previous deployment of VALENTINA SERVER EMBEDDED as a part of a Greater Work;
The Greater Work may not substantially duplicate or compete with the features of any version of VALENTINA SERVER, VALENTINA ADK or VALENTINA STUDIO.
Expressly prohibited are licensing of Greater Work that violates any portion of this Agreement, or allows your customer to redeploy Greater Work without otherwise being subject as a licensee to Valentina Developer Network; the party that owns Greater Work must also be the licensee ('you') of this Agreement.