InfoLibrarian Corporation. END-USER LICENSE AGREEMENT
InfoLibrarian, InfoLibrarian Product Suite, InfoLibrarian Portal, InfoLibrarian Administrator and InfoLibrarian Metadata Scanners, InfoLibrarian Metadata Adapters, InfoLibrarian Object Modeler, InfoLibrarian Auto-Scanner, InfoLibrarian Server, InfoLibrarian Studio, InfoLibrarian Adapters.
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between (Recipient) and InfoLibrarian Corporation for the InfoLibrarian Corporation software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Product"). An amendment or addendum to this EULA may accompany the Product.
Recipient AGREES TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT.
1. GRANT OF LICENSE. InfoLibrarian Corporation grants Recipient the following rights provided that Recipient complies with all terms and conditions of this EULA:
a. Installation and Use.
InfoLibrarian Server Virtual Machine on Microsoft Azure
Subject to the terms and conditions of this agreement, InfoLibrarian grants you a limited, non-exclusive, non-transferable right to use the software within Microsoft Azure. If you obtained access to the software through a InfoLibrarian-Published Image, you may use the software only in virtual machines in Microsoft Azure deployed from the InfoLibrarian-Published Image.
SCOPE OF RIGHT. This agreement only gives you some rights to use the software. InfoLibrarian reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
· transfer the software to or use the software outside of Microsoft Azure, unless you have obtained such rights apart from this agreement;
· work around any technical limitations in the software;
· reverse engineer, decompile, or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
· make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
· publish the software for others to copy;
· rent, lease, or lend the software; or
· transfer the software or this agreement to any third party.
The InfoLibrarian Desktop Components
Typically referred to as the InfoLibrarian Desktop Administrator and InfoLibrarian Studio product is licensed by PC per site and can only be installed on one PC or virtual PC instance at one site per one (1) license. Licenses are required for each PC or more than one premise. Recipient's license is granted for one (1) PC at one (1) site only.
InfoLibrarian Desktop License includes the following:
InfoLibrarian Product Components Setup
InfoLibrarian components (dll's)
InfoLibrarian Object Modeler
InfoLibrarian Connection Wizard
InfoLibrarian Documentation and Supporting Files
Desktop licenses are only supported on the following PC operating systems.
1. Windows 7 (64 bit)
2. Windows 8 (64 bit)
3. Windows Server 2008R2 and Windows Server 2012 (64 bit)
InfoLibrarian Server (On Premises)
When these components are installed on a Windows Server family product (On Premises), a separate server license is required for each Server or Virtual server instance and must be purchased. Server licenses are only supported on the following server operating systems.
1. Windows 2008R2 Server
2. Windows 2012 Server
An installation program and Server Installation and Deployment Utility are provided to enter the server keys and to configure these components as well as additional InfoLibrarian Server sub-components for proper configuration on a server.
The InfoLibrarian Server product is licensed by Server per site and can only be installed on one Server or Virtual Server instance at one site per one (1) Server license. Additional licenses are required for more than one Server or more than one premise. The InfoLibrarian Portal license is limited to 5 concurrent users (Commonly referred to as CALS - Client Access Licenses) per site license of the product per Server. Unless additional licenses are purchased, Recipient's license is granted for one (1) Server at one (1) site only. InfoLibrarian repository and back-end components may only be installed on one (1) single DBMS per site. The InfoLibrarian Server product can maintain a connection to a single DBMS Repository at a time. Additional Server Licenses must be purchased if an additional installation of InfoLibrarian Server is required on a Server or Virtual Server instance.
Licenses are required for the following server roles:
1. Production Server
2. QA Server
3. Test Server
The InfoLibrarian Server product includes the following:
InfoLibrarian Product Components Setup
InfoLibrarian Database Repository Schema
InfoLibrarian Web portal
InfoLibrarian components (dll's)
InfoLibrarian Scanners and Adapters
InfoLibrarian Object Modeler
InfoLibrarian Connection Wizard
InfoLibrarian Server Deployment Utility
The InfoLibrarian Scanners and Adapters are licensed per machine or Server or VM machine or server instance, and licenses for each specialized scanner or Adapters on each machine must be purchased accordingly.Standard Adapters are included in the product. Product keys are required to activate the above license scenarios. The Product may be installed only in accordance with the number of licenses purchased for the product. InfoLibrarian Corporation reserves the right to modify or offer special promotion pricing that may include additional Scanners or Adapters at any time. Annual maintenance fees, includes email
technical support and all upgrades for a period of one year from the purchase date.
b. Storage/Network Use.
Recipient may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on computers used by a licensed end user in accordance with Section 1(a). A single license for the Product may not be shared or used concurrently by other end users.
c. Performance or Benchmark Testing.
Recipient may not disclose the results of any benchmark test using the Product to any third party without InfoLibrarian Corporation’s prior written approval.
d. Redistribution Rights and Requirements.
InfoLibrarian Corporation grants recipient a non-exclusive, royalty-free right to reproduce and distribute only the InfoLibrarian Corporation. Installer Component of the Product, which is the file identified as Setup.exe(the "File"), provided Recipient agree to
(a) not alter the File;
(b) distribute the unaltered File in object code form and only in conjunction with and as part of the installation setup of a software application created by Recipient that is for use with any version or edition of InfoLibrarian Corporation. InfoLibrarian and/or any version or edition of any InfoLibrarian Corporation software product that is a successor to the foregoing and that adds significant and primary functionality to the File ("Application");
(c) not use InfoLibrarian Corporation’s name, logo, or trademarks to market Recipient's Application without the prior written consent of InfoLibrarian Corporation.;
(d) include a valid copyright notice in Recipient's name or on Recipient's behalf with Recipient's Application;
Indemnify, hold harmless, and defend InfoLibrarian Corporation. from and against any claims or lawsuits, including attorneys fees, that arise or result from Recipient's use or distribution of Recipient's Application and not arising or resulting from acts or omissions on the part of InfoLibrarian Corporation.; and
(f) not permit further distribution of the File by end users of Recipient's Application. Recipient may direct Recipient's Application end users who desire to obtain Product redistribution rights to: http://www.Infolibcorp. InfoLibrarian Corporation reserves the right to delete the Product download and to change, move, or remove this web page at any time, at its sole option.
e. Reservation of Rights.
InfoLibrarian Corporation reserves all rights not expressly granted to Recipient in this EULA.
To use a Product identified as an upgrade, Recipient must first be licensed for the product identified by InfoLibrarian Corporation as eligible for the upgrade. After upgrading, Recipient may no longer use the product that formed the basis for Recipient's upgrade eligibility.
3. ADDITIONAL SOFTWARE.
This EULA applies to updates or supplements to the original Product provided by InfoLibrarian Corporation., unless we provide other terms along with the update or supplement.
Transfer to Third Party. The initial user of the Product may make a one-time transfer of the Product to another end user. The transfer has to include all component parts, media, printed materials, this EULA, and if applicable, the Certificate of Authenticity. The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the transferred Product must agree to all the EULA terms. No Rental. Recipient may not rent, lease, or lend the Product.
5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY.
Recipient may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
Without prejudice to any other rights, InfoLibrarian Corporation may cancel this EULA if Recipient does not abide by the terms and conditions of this EULA, in which case Recipient must destroy all copies of the Product and all of its component parts.
7. EXPORT RESTRICTIONS.
Recipient acknowledges that the Product is subject to U.S. export jurisdiction. Recipient agrees to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, and-use and destination restrictions issued by U.S. and other governments.
8. DISCLAIMER OF WARRANTY The software is provided “as-is.” You bear the risk of using it. InfoLibrarain gives no express warranties, guarantees, or conditions. You may have additional consumer rights or statutory guarantees under your local laws that this agreement cannot change. To the extent permitted under your local laws, InfoLibrarian excludes all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
9. NO OTHER WARRANTIES
To the maximum extent permitted by applicable law, the express warranties set forth herein are the only warranties given by InfoLibrarian Corporation and its suppliers provide the product(s) and support services as is. InfoLibrarian Corporation. and its suppliers hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of accuracy or completeness of responses, and of results, all with regard to the Product, and the provision of or failure to provide support services.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL InfoLibrarian Corporation. OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF InfoLibrarian Corporation OR ANY SUPPLIER, AND EVEN IF InfoLibrarian Corporation. OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. LIMITATION OF L11. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that recipient might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of InfoLibrarian Corporation. and any of its suppliers under any provision of this EULA and Recipient's exclusive remedy for all of the foregoing. The foregoing limitations, exclusions and disclaimers (including Sections 10 and 11 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose. For any claim arising in connection with this agreement, you can recover from InfoLibrarian only direct damages up to U.S. $5.00. You cannot recover from InfoLibrarian any other damages, including consequential, special, indirect, punitive, incidental, or damages based on any loss of profits, revenue, data, or data use arising from or relating to the InfoLibrarian and the use of the software.
12. NOTE ON MULTI-LANGUAGE SUPPORT.
THE PRODUCT MAY CONTAIN SUPPORT FOR PROGRAMS WRITTEN IN MULTIPLE LANGUAGES. MULTI-LANGUAGE TECHNOLOGY IS NOT FAULT TOLERANT AND IS NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, SUCH AS IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF MULTI TECHNOLOGY COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
13. U.S. GOVERNMENT LICENSE RIGHTS.
All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with "Restricted Rights" as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
14. APPLICABLE LAW.
If Recipient acquired this Product in the United States, this EULA is governed by the laws of the State of New York.
The Product is protected by copyright and other intellectual property laws and treaties. InfoLibrarian products are owned or under license to InfoLibrarian Corporation. The Product is licensed, not sold.
16. ENTIRE AGREEMENT.
This EULA including any addendum or amendment to this EULA which is included with the Product, are the entire agreements between Recipient and InfoLibrarian Corporation. relating to the Product and the support services (if any), and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA to the extent the terms of any InfoLibrarian Corporation policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.