Software License Agreement¶
BEFORE USING THE ACCOMPANYING SOFTWARE, CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS WHICH INCLUDE THE SOFTWARE LICENSE AND LIMITED WARRANTY (collectively called the “Agreement”). USING THE ACCOMPANYING SOFTWARE IN ANY WAY AND BY ANY MEANS, INDICATES YOUR ACCEPTANCE OF THE AGREEMENT. IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU SHOULD NOT USE THE SOFTWARE.
The software product contained in the distribution package, for which you have purchased a license and have received an authorized serial number, together with its accompanying open-source components, utilities, examples, documentation and ancillary materials (hereinafter “Licensed Software”) is owned by Escape Tech Ltd (hereinafter “EscapeTech”) and is protected by European copyright law and international treaty provisions. The Licensed Software contains trade secrets and confidential information that is copyrighted by and remains the property of EscapeTech. This is a license agreement and NOT a sale contract.
For the computer platform(s), the language and the maximum number of concurrent users indicated in appropriate places in the Licensed Software or on your official proof of ownership, for which you have paid the appropriate license fees to EscapeTech or its suppliers, EscapeTech grants you specific non-exclusive rights on the terms and conditions mentioned below. All rights not expressly granted to you in this Agreement are reserved and retained by EscapeTech.
In general:
- You may make one backup copy of the Licensed Software in machine-readable form for archival purposes.
- You may transfer your right to use the Licensed Software to a third party, provided (a) that you transfer this Agreement, the Licensed Software including all copies, updates and prior versions, and all documentation to the said third party, (b) that you retain no copies of the Software, and (c) that you notify EscapeTech about the transfer in writing or by email, providing the details of the new licensee. Such transfer involves the termination of the initial license granted to you: after the transfer you will no longer have any right to use the Licensed Software.
- You may not disclose or allow for the disclosure of confidential or private information related to the Licensed Software, including but not limited to private license keys, to any party for any purpose.
- You may not deploy, distribute, render accessible by download, give away or sell the Licensed Software either directly or as part of any other software, except as specifically allowed herein.
- You may not rent, lease or share any rights in the Licensed Software in whole or in part.
- You may not modify, decompile, disassemble, reverse-engineer or otherwise reduce the Licensed Software to human-perceivable form in whole or in part, including but not limited to translating or creating derivative works, except as otherwise mentioned by the legal measures in force.
- You may not remove or alter any identification, proprietary notice, label or trademarks which appear on or in the Licensed Software.
- You may not use the backup copy or allow anyone else to use this copy for any purpose other than to replace the original copy in the event it is destroyed or becomes defective.
In specific:
Developer license – You may use the Licensed Software solely to develop and to personally test interpreted and compiled 4th Dimension databases, in single-user and client/server modes. In the case of client/server use, the maximum allowed number of users is one (1). You may not deploy, distribute, render accessible by download, give away or sell any software that make use of the Licensed Software.
Runtime license – You may deploy, give away or sell the Licensed Software only once, as part of one instance of a single-user 4th Dimension application. You may not make the Licensed Software available for download, nor may you use the Licensed Software in an environment that allows access to the Design environment of 4th Dimension.
Engine license (or Unlimited Runtime) – You may deploy, distribute, make available for download, give away or sell the Licensed Software as part of an unlimited number of instances of one or more single-user 4th Dimension applications. You may not use the Licensed Software in an environment that allows access to the Design environment of 4th Dimension.
Server Expansion license – You may use the Licensed Software in client/server mode in conjunction with one instance of 4D Server at a time, and only up to the maximum number of allowed concurrent users as indicated in appropriate places in the Licensed Software or on your official proof of ownership, and for which you have paid the appropriate license fees to EscapeTech or its agents. You may transfer the Licensed Software to another instance of 4D Server, provided that (a) you will first uninstall the Licensed Software from the initial instance of 4D Server, and (b) you will ensure that the Licensed Software is used on no more than a single instance of 4D Server at a time.
Disclaimer of warranty
EscapeTech is providing the Licensed Software “as is”, without warranty of any kind. You assume full responsibility for the selection of the Licensed Software to achieve your intended results and for the installation, use and results obtained from the Licensed Software.
ESCAPETECH DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
No oral or written information given by EscapeTech, its agents or employees shall create a modification or addition to this warranty unless it is set forth in writing, references this Agreement and is signed on behalf of EscapeTech by an authorized official.
EscapeTech has no obligation for installing, maintaining or otherwise rendering technical support services to you with respect to the Licensed Software. EscapeTech may, at its sole discretion, provide technical support services, either free of charge or not, in line with the support policy in force at any given time, for which you may or you may not be eligible.
Limitations of remedies and liability
IN NO EVENT WILL ESCAPETECH OR ITS DIRECT OR INDIRECT SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR OTHER PECUNIARY LOSS ARISING OUT OF THE USE OF OR INABILITY TO USE THE LICENSED SOFTWARE, EVEN IF ESCAPETECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In particular, EscapeTech and its suppliers are not responsible for any costs including, without limitation, loss of business profits, business interruption, loss of business information, the cost of recovering such information, the cost of substitute software, or claims by third parties.
IN NO CASE SHALL ANY DIRECT OR INDIRECT SUPPLIERS OF ESCAPETECH BEAR ANY LIABILITY FOR ANY REASON WHATSOEVER AND IN NO CASE SHALL ESCAPETECH’S LIABILITY EXCEED THE AMOUNT OF THE LICENSE FEE ACTUALLY PAID BY YOU. This Agreement gives you certain legal rights. You may have other rights under local law, so some of the above may not apply or may be limited.
Termination
This Agreement and your license to use the Licensed Software will automatically terminate without other notice if you fail to comply with any provision or are in breach of this Agreement. This termination shall not prevent EscapeTech from claiming any further damages. Upon termination you shall destroy all copies of the Licensed Software. All disclaimers of warranties and limitation of liability set forth in this Agreement shall survive any termination of this Agreement.
The waiver by EscapeTech of a specific breach or default shall not constitute the waiver of any subsequent breach or default.
Miscellaneous
You agree to not transfer the Licensed Software directly or indirectly to any country to which such transfer is prohibited by applicable export control laws.
This Agreement shall be governed by the laws of Bulgaria. In any dispute arising out of this Agreement, you irrevocably attorn to the jurisdiction of the courts of Sofia.
This Agreement is the entire agreement between you and EscapeTech and supersedes any other communications, purchase orders, advertising or representations concerning the Licensed Software. If any of this Agreement is held to be unenforceable, the remainder shall continue in full force and effect.
YOU ACKNOWLEDGE TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS INDICATED ABOVE.
If you have any questions concerning this Agreement or wish to request any information from EscapeTech, please contact:
4th Dimension, 4D, 4D Server are trademarks of 4D SA. Other trademarks belong to their respective owners.
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees: (i) if the Software is supplied to the Department of Defense (DoD), the Software is classified as “Commercial Computer Software” and the Government is acquiring only “restricted right” in the Software as that term is defined in Clause 252.227.7013(c)(1) of the DFARS; and (ii) if the Software is supplied to any unit or agency of the United States Government other than DoD, the Government’s rights in the Software will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18-52.227-86(d) of the NASA Supplement to FAR.
