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General
ALL
SALES ARE SUBJECT TO THE ACCEPTANCE OF THE TERMS IN THIS LICENSE AGREEMENT.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SOFTWARE.
Each provision of this License Agreement shall be interpreted in a manner as
to be valid and effective under applicable law. The software and documentation
are provided "as is" without warranty of any kind, either expressed or
implied, including but not limited to, the implied warranties of merchantability
and fitness for a particular purpose.
Y2K
COMPLIANCE STATEMENT: BinProlog is fully Y2K compliant as it makes no reference
to year representation sensitive data. Y2K compliance of BinProlog based
applications is the responsibility of the application developers.
Limitation
of liability, industrial property rights etc.
- The Licensor shall not be liable to the User for any loss
or damage whatsoever or howsoever caused arising directly or indirectly
in connection with this Agreement, the Software, its use or otherwise.
- The Licensor expressly excludes liability for consequential
loss or damage which may arise in respect of the Software, its use, the
system or in respect of other equipment or property, or for loss of
profit, business, revenue, goodwill or anticipated savings.
- To the best of the Licensor's knowledge, the Software
does not infringe any third party's property rights. The Licensor shall
have no responsibility for any claims or infringements of patents,
trade marks, copyrights or other property rights affecting the User's
use of the Software.
Assignment
- The rights granted under this Agreement may not be assigned or transferred without the prior written consent of the Licensor.
Term and Termination
- This Agreement is effective when the User starts
using the Software. The rights granted herein for the Software shall
remain in force until the User discontinues to use the Software.
- The Licensor may terminate this Agreement immediately if
the User commits a material breach of any provision of this Agreement.
Any use or disposal of the Software that is not expressly permitted
under this Agreement is considered as a material breach of the
Agreement.
- Immediately upon termination of this Agreement, the User
shall destroy the original and all such copies and certify such
destruction to the Licensor by e-mail.
- Licensor acknowledges that it shall have no right to
terminate the licenses or sub-licenses in the executable form of the
software that has incorporated in value-added products distributed to
third parties. Upon any termination of this Agreement, the User shall
have the right to retain and use one or more copies of the software for
the purpose of supporting and maintaining value-added products.
Applicable law
- This Agreement shall be governed by the law of Texas.
For questions concerning this License Agreement, please contact us at:
BinNet Corp.
290 Lake Park Rd. Suite 336
Lewisville TX 75057
USA
Tel: (940) 300-7171
E-mail: binnetcorp@binnetcorp.com
BinProlog EDUCATIONAL and PROFESSIONAL Edition
( BINARY LICENSE )
- Definitions
As used in this agreement: "Software" shall mean the executable
binaries of BinProlog for all the architectures the software has been
ported, as made available for downloading or on the floppy disk or by
e-mail.
- Right to use the Software
The Licensor hereby grants to the User a non-transferable, non-exclusive right to use the Software.
The Educational License does not allow creation of applications for profit and forbids redistribution of run-time applications.
The Professional License allows creation and free redistribution of run-time applications for profit.
- Fee
(C) In case the User is a commercial organization or individual willing
to use BinProlog or develop and sell BinProlog runtime applications, an
one-time fee of the amount specified in the Order Information in the
current distribution shall be paid to the Licensor.
(A) Time limited evaluation copies of BinProlog are licensed free of
charge, and continuously made available as part of a beta testing
program. Registered versions with no time limit are available for the
license fee specified in the Order Information for all platforms.
- Ownership
The Licensor is and shall remain sole and exclusive owner of the
Software and the copies thereof. However no run-time fees are required
for integration of the software in a value-added product delivered in
executable form to a third party or for use of the executables.
- Copies and Modifications
- In the case of site licenses, the User is entitled to make
copies of the Software for backup purposes. The User shall furnish each
copy with proprietary marks and symbols identical to those affixed to
the Software. The User may not make any copy available to third
parties.
- The User may modify, update, improve, correct, or alter the Software in accordance with this Agreement.
- Service and information
Unless the parties otherwise agree, the Licensor shall not be required
to provide to the User any installation services, technical assistance,
maintenance support, supplementary information, improvements or
modifications for or in respect of the Software.
BinProlog PROFESSIONAL Edition ( FULL SOURCE CODE LICENSE )
- Definitions
As used in this Agreement: "Software" shall mean the C-sources of the
emulator of BinProlog obtained by downloading, on floppy disk or by
electronic mail.
- Right to use the Software
- The Licensor hereby grants to the User a non-transferable,
non-exclusive right to use the Software for any purpose including
porting it to a new machine or integrating it in an application for
profit. The User shall have the right to integrate, modify the software
in value added products delivered in executable form to third parties.
The User shall have the right to create and freely redistribute
run-time applications for profit.
- The User may not grant any right to the Software to any third
party or give away his or her copy of the Software or forward the
e-mail message containing the software, except for its executable
forms, generated by compiling it.
- Fee
The User shall upon delivery of the Software pay a one time fee of the amount specified in the Order Information.
C) For commercial organizations or individuals
willing to add value and resell a product obtained by integrating the
licensed Software in a C, C++ or Java application, which is not itself
a Prolog system with ability to generate executables through
compilation to C, a one time fee of the amount specified as
Professional License in the Order Information
shall be paid to the Licensor. This also entitles to 1-year of e-mail
support and 1-year of free updates. A typical case for this situation
is an expert system with rules written in Prolog and delivered in
executable form.
(A) For universities, research institutes and other
non-profit organizations and individuals using the software for
non-profit purposes a one-time fee of the amount specified as
Educational License in the Order Information
shall be paid to the Licensor. No support is included in the academic
license, although this can be negotiated on a case-by-case basis for an
extra fee.
- Ownership
The Licensor is and shall remain sole and exclusive owner of the Software and the copies thereof.
- No run-time fees are required for use of the executables at the User's premises for cases 3(A) and 3(C).
- No run-time fees are required in the case of
integration of the software in a value-added product delivered in
executable form to a third party as described in section 3(C) and for
use of executables at third parties premises or elsewhere.
- Copies and Modifications
- The User is entitled to make copies of the Software for use
at his premises. The User shall furnish each copy with proprietary
marks and symbols identical to those affixed to the Software. The User
may not make any copy available outside the User's premises.
- The User may modify, update, improve, correct, or alter the
Software in accordance with this Agreement. Such modifications,
updates, improvements, corrections or alterations made by the User
shall become the property of the User.
- Service and information
Unless the parties otherwise agree, the Licensor shall not be required
to provide to the User any installation services, technical assistance,
maintenance support, supplementary information, improvements or
modifications for or in respect of the Software.
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