23. FileFlex Distribution Terms and Conditions

Fees Paid--Lite Edition

The following sections apply to users of FileFlex Lite who received it with Director 5 and who wish to distribute FileFlex Lite (limited to 1,000 records) in their software.

You are licensed to run FileFlex on one personal computer per copy of Director 5 purchased.

If you intend to distribute (in any way, including but not limited to internally within your organization, for profit in a consumer product, as a shareware product, or giving it away) any product or program containing FileFlex Lite, you must return the FileFlex Lite runtime license. Your license fee has been paid by Macromedia. No further fee will be required.

If you are a consultant and you are distributing a finished product to clients that is to contain FileFlex Lite, your client must license FileFlex Lite in their name.

There is a license form at the end of this document. Fill this form out and mail it back to Component. You must complete and return the form to Component Software before you may begin distribution of FileFlex Lite.

Fees--Professional Edition

The following sections apply to customers of the full, professional edition of FileFlex who wish to distribute an unlimited record number version of the software.

You are licensed to run FileFlex on one personal computer per copy of FileFlex professional edition purchased. If you are developing software using FileFlex, you must own a licensed professional edition, latest release. If you have more than one developer building software using FileFlex, each must have a purchased copy of the FileFlex professional, latest release.

You may not purchase a runtime license (and thereby be granted permission to distribute the unlimited FileFlex engine in your application) unless you are a Registered User of the latest release of FileFlex, having returned your registration card to Component Software.

If you intend to distribute (in any way, including but not limited to internally within your organization, for profit in a consumer product, as a shareware product, or giving it away) any product or program containing FileFlex, you must license the FileFlex Runtime Version. Your license fee is One Hundred US Dollars (US$100) payable before you begin distribution of your application. No further fee will be required. Net terms purchase orders will not be accepted unless accompanied by full payment.

If you are a consultant and you are distributing a finished product to clients that is to contain the full FileFlex runtime, you must purchase a runtime license or your clients must own a copy of FileFlex for each machine they intend to run the software on. If you are developing software that uses FileFlex that your client intends to distribute, your Client must purchase (if they don't already own) a professional edition of FileFlex, return the registration card and thereby become a registered user, and then license the FileFlex Runtime for the program in their name.

There is a license form at the end of this document. Fill this form out and mail it back to Component Software with a check. You must complete and return the form to Component Software, and receive a signed copy back, before you may begin distribution.

If you distribute your product containing FileFlex before recieving back a signed license agreement from Component, you are liable for the full list price of FileFlex (US$195) for EACH COPY DISTRIBUTED, plus a penalty fee of One Hundred US Dollars (US$100) for EACH COPY DISTRIBUTED until such time as Component has approved and executed a signed license. No penalty fees will be returned. Component reserves the right to withhold licensing and, in that case, you will be required to stop distributing FileFlex. In other words, don't distribute FileFlex unless you have a license.

Terms and Conditions

The following terms apply to users of the full, professional edition FileFlex and FileFlex Lite. For the purpose of this document, the term "program"shall mean the thing you've developed for distribution, whether it might also be called a production, product, program, application, creation, or something else.

This license is non-exclusive and non-transferable and grants the Licensee the right to distribute the FileFlex resources in the product named in the Distribution License, provide the following terms are complied with and for the fee detailed above.

Display of Copyright and Trademark: The following must be displayed to users of your program:
"This program uses certain copyrighted resources from FileFlex which are included under license from Component Software of Rocky Hill, NJ. The FileFlex resources may not be removed from this program for any reason and may not be modified. Component Software makes no warranty of any kind to users of this program regarding FileFlex.

FileFlex ©1992-96 by David Gewirtz. All rights reserved. FileFlex is a trademark of David Gewirtz under license to Component Software."

The above notice must be displayed in a prominent location in Licensee's product on a title screen, an about box, or other similar location. It also must be displayed prominently in the documentation. Further, any place your copyright notice is displayed (like, for example, on a product package), the copyright notice above (second paragraph only) must be displayed with it.

The first occurance of any mention of FileFlex in each of Licensee's program, literature, or advertising must include a trademark symbol following the word FileFlex (e.g., FileFlex) and the following line must appear in an appropriate location on the same material:
"FileFlex is a trademark of David Gewirtz under license to Component Software Industries Corp."

You may not use the phrase "The Relational Database Inside" (a trademark of David Gewirtz under license to Component Software), the Component "plug-in module" logo (a trademark of Component Software), or any other Component trade or service marks without special written permission of Licensor.

Licensed Resources--FileFlex Lite Edition: The following FileFlex resources from FileFlex Lite only are covered by this license when licensing the Macintosh version: 
  XTRA      "FileFlex Engine Lite"
The following FileFlex Lite files from FileFlex Lite only are covered by this license when licensing the Windows version: 
  XTRA       "FFDIR5LT.X16"  XTRA       "FFDIR5LT.X32"
These are the only resources which may be distributed under the terms of this license. You may not distribute any other resources from the Lite edition of the FileFlex product.

Licensed Resources--Professional Edition: The following FileFlex resources from the FileFlex Runtime Version only are covered by this license when licensing the Macintosh version: 
  XFCN      "FileFlex"  XFCN      "SmartFields"  XTRA      "FileFlex Engine"
The following FileFlex files from the FileFlex Runtime Version only are covered by this license when licensing the Windows version: 
  XTRA       "FFRDIR5.X16"  XTRA       "FFRDIR5.X32"
These are the only resources which may be distributed under the terms of this license. You may not distribute any other resources from the professional edition of the FileFlex product.

Documentation: No documentation on the use of the licensed FileFlex resources may be provided with Licensee's program.

Title: Licensee acknowledges the FileFlex resources are the sole property of Licensor. Licensee is not granted any title whatsoever in the FileFlex resources.

Indemnification: Licensee agrees to indemnify and hold harmless Licensor from any and all claims made against it regarding the FileFlex resources.

Warranty: No warranty of any kind is extended to Licensee's product. Licensee shall include the following in the program's warranty information or elsewhere in the program in an appropriate place if Licensee does not explicitly state a warranty policy:

This program includes certain resources from FileFlex. THE FILEFLEX RESOURCES ARE PROVIDED "AS IS" AND NO WARRANTY OF ANY KIND IS PROVIDED. IN NO CASE SHALL COMPONENT SOFTWARE OR DAVID GEWIRTZ BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMANGES (OR DAMAGES OF ANY SORT) IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE FILEFLEX RESOURCES.

Acceptance: Licensor reserves the right to refuse to license the FileFlex resources to any party at its sole discretion. If Licensor rejects a license, any fee received will be promptly returned to Licensee. Upon acceptance, Licensor will send Licensee a signed copy of the license agreement.

Effective Date: The effective date of a license will be the date that Licensor signs the agreement.

Termination: If Licensee breaches any of the terms of this license, Licensor may terminate this license by notifying Licensee in writing. Licensee will have 30 days from the date notice is received to correct the breach or otherwise renegotiate this license, otherwise, this license will terminate. In the event of termination, Licensor will NOT return any license fees which may have been paid by Licensee.

Right to Monitor: Licensor may at any time and at its sole discretion, request a copy of Licensee's program covered by this license and/or any related manuals, literature, or advertising copy which make mention of any edition of FileFlex in order to monitor Licensee's compliance with the terms of this license. If Licensor exercises this right, any materials received will be kept in confidence and will be used solely to monitor compliance with the terms of this agreement. In no event will Licensor redistribute any materials received under this clause nor will Licensor return said materials to Licensee.

Future Versions of Licensee's Program: This license shall apply to only one Licensee program at a time. If more than one version of a program is distributed at the same time (e.g., a "Lite" version and a "Full" version) then each version will require a separate license. However, if a new version is released and the previous version discontinued, this license will continue to be valid and will apply to the new version (e.g., v1.0, v1.1, v1.2.5, etc).

Future Versions of FileFlex: This license shall apply to the version of FileFlex licensed at the Effective Date only. You may continue to distribute the licensed version of the FileFlex runtime after new versions of FileFlex are released. Should you desire to distribute a newer version of FileFlex, you may be required to purchase an upgraded version of the FileFlex Runtime and/or execute a new or revised license agreement. THE FILEFLEX RESOURCES ARE PROVIDED TO LICENSEE "AS IS" AND NO WARRANTY OF ANY KIND IS PROVIDED. FURTHER, LICENSOR MAKES NO REPRESENTATION OR GUARANTEE OF FUTURE UPGRADES OR VERSIONS OF FILEFLEX, WHETHER TO ADD FEATURES, EXPAND COMPATIBILITY, OR FOR ANY OTHER REASON. LICENSEE RECOGNIZES AND ACCEPTS THAT IT IS LICENSING THE CURRENT VERSION OF FILEFLEX ONLY.

Validity: In the event that any portion of this license shall be rendered in a court of law as invalid, unenforceable, or illegal, all remaining portions of this agreement shall remain in effect.

Governing Law: This license shall be governed in accordance with the laws of the State of New Jersey.

Amendments: Licensor may amend this license from time to time as new versions of FileFlex are released. Such amendments will only apply to Licensee if Licensee chooses to incorporate the upgraded version of FileFlex into Licensee's program.

Nothing in this license shall be construed as the formation of a partnership or joint venture between the parties.

This license supercedes any and all oral or written communications between the parties and is the entire agreement between the parties.



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Copyright (c) 1996 David Gewirtz under license to Component Software Corp. All rights reserved worldwide.