General License and Support Conditions
Valid as of 2016.05.01.
These License and Support Conditions shall apply for all OraNext Inc. software products. The present agreement concerns solely executable object code and does not include any rights of any nature to the product' source code. Within this agreement, the specific products licensed by the customer shall be referred to as a whole a "the Program". The Program shall be supplied with a manual in electronic format describing the Program characteristics and its use ("the Documentation").
2 Scope of the License
2.1 Remunerated Licenses
Purchase of a remunerated license from OraNext Inc. shall entitle Licensee to the non-exclusive, perpetual right to use Program on the agreed number of Licensee's servers run on the agreed platform.
2.2 Free use of Trial Versions of the Program
For certain products, OraNext Inc. offers freely available versions which can be run without purchasing a license key (Trial versions), albeit with restrictions compared with the purchased license of the same product as described in the pertinent product documentation. For trial versions, Licensee shall be granted a non-exclusive, free, non-transferable and perpetual license to try the Program on any number of Licensee's servers. Trial in this sense is the consideration by Licensee whether to purchase the Program for productive use (productive use is use of the Program directly, indirectly or as support for profit-making activities or other activities according to its articles of incorporation by Licensee or a third party), and the development of products by Licensee in which a (subsequently purchased) remunerated licensed copy of the Program or an trial version is or will be integrated and whose intended use materially exceeds the integration of the OraNext Inc. Program. If Licensee integrates the trial version in one of his own products of the aforementioned type, he shall also be entitled to transfer the license to the integrated trial version when passing on his product to a third party.
3.1 Intellectual Property
The Software is licensed, not sold. The Program and the Documentation are the copyrighted intellectual property of OraNext Inc.
3.2 Reverse Engineering and Confidentiality
Licensee undertakes not to translate, disassemble, or reverse-engineer the Program, in so far as this is not permitted.
Licensee undertakes not to redistribute or make publicly available any license key received from OraNext Inc.
3.3 Updates and Upgrades
If Licensee receives the Program as a new main version or maintenance release to an earlier version of the same or other product (Update) or if a product license is converted into a license for another product which contains the originally licensed product (Upgrade), the new license shall be provided on a license exchange basis. Installing and using an updated or upgraded version shall terminate the license for the earlier version.
The Program and the Documentation shall be delivered in digital format only. The Program, Documentation and all pertinent maintenance updates shall be retrieved from the OraNext Inc. website at www.plpdf.com. OraNext Inc. shall not provide Licensee with either digital storage media or printed Documentation.
5 Limited Warranty
OraNext Inc. hereby warrants that if (a) you discover a material non-conformity between the Software and the Documentation within 30 days of your purchase of the Software (the "Warranty Period"); and (b) you report the material nonconformity to OraNext Inc. in writing within the Warranty Period, OraNext Inc. shall promptly, at its expense, provide a correction or workaround for any reproducible material non-conformity, and deliver an updated version of the Software to you as and when made generally available by OraNext Inc. to its other licensees of the Software. As well as Oranext Inc. can provide a 30-day money-back guarantee on all Software products. This warranty does not apply if the Software is used in ways which are not covered in the Documentation (including, without limitation, to calling undocumented functions, or by not obeying documented restrictions), if the Software has been modified (unless such modifications have been authorized by OraNext Inc.), improperly installed, operated, stored or maintained, or if the non-conformity is caused by any virus or by any breach by you of this Agreement.
6 Support Agreement / Support Services
OraNext Inc. provides support services free of charge within 60 days of the initial product purchase. In addition to purchasing the license, the customer can request support services from OraNext Inc. (support agreement) against payment of an annual fee. This shall be agreed by the customer choosing the support service for the purchased licenses and OraNext Inc. accepting the choice. Under the support agreement OraNext Inc. shall render the services listed under the "Contractual Support" column in Appendix 1: Support Services.
7 Data Protection
OraNext Inc. collects, processes, uses and transmits personal data solely in so far as this is necessary for executing and fulfilling the contractual relationship with the customer.
8 Applicable laws
This agreement shall be governed by the law of the country in which the customer has his registered offices, however to the exclusion of the UN Convention Relating to a Uniform Law on the International Sale of Goods and the conflict of law provisions of international private law.
9 Legal Forum
The exclusive legal forum for all disputes under and in conjunction with the purchase, license and/or support agreement(s) shall be OraNext Inc. registered offices for the customer's claims, for OraNext Inc.'s claims the registered offices of the customers or of OraNext Inc. This shall be without prejudice, however, to any statutory provisions for filing counter claims by the other party in the forum of the original action. If you have any questions regarding this Agreement or if you wish to request any information from OraNext Inc., please use the address and contact information provided with this product or on PL/PDF's website (www.plpdf.com) to contact the OraNext office serving your jurisdiction.
|Service||Contractual support (fee-based)|
|Response time for a support case||2 business days|
|End of support: Support for a product is no longer available||lifetime of the product|
|Correction or workaround for a fault||yes|
|Modifications for a newer version of a database system not fully compatible with the previous one||yes|
|License to use the current maintenance release of the licensed product||free|
|Availability (download) of the licensed product||lifetime of the product|
|Availability (download) of the latest maintenance release of the licensed product||lifetime of the product|
|Update to the current main version of the licensed product||free|
|Information on availability of new maintenance or major releases||by email|
|Purchase of additional licenses of the licensed product at the list price||lifetime of the product|
|Support channels||by email or fax or support site|