hamsterdb Commercial License
hamsterdb Commercial License
Version 3, January 2012
(C) Christoph Rupp
I. Introduction
This document is a license agreement ("LICENSE") between You (either
an individual or a single entity) and Christoph Rupp ("DEVELOPER") for
the "hamsterdb" product ("PRODUCT"), which includes
computer software, its source code, associated media, printed materials,
and "online" or electronic documentation.
The PRODUCT "hamsterdb" includes all wrapper libraries (i.e.
for Java, .NET and Python).
No amendment or modification may be made to this LICENSE except in
writing signed by You and DEVELOPER.
This LICENSE is not transferable unless You have been given the explicit
permission from DEVELOPER to transfer it. This LICENSE also applies only
for version 2.x and earlier of the PRODUCT You have aquired from DEVELOPER,
including updates and service packs. If You use any later major versions
(i.e. 3.x) than what You have legally aquired from DEVELOPER the GPL 2
license terms will take over and effectively render this LICENSE invalid.
When buying this PRODUCT, YOU will receive a special C header file
'serial.h'. You agree to overwrite the original 'serial.h' file with the
file You received, and You agree to recompile the hamsterdb sources with the
new header file. You further agree that you will not modify the new 'serial.h'
file unless You have the written authorization from the DEVELOPER.
The motivation of this LICENSE is to give You a commercial path to
utilizing the PRODUCT aquired from DEVELOPER in closed source
applications You are developing or take part in developing. It is
also motivated by Your freedom to be able to modify the PRODUCT if
You should want to but does not grant You the right to distribute
those modifications in any way other than in binary form.
2. License Terms
DEVELOPER grants to You a non-exclusive, non-transferable license to
use, copy and modify the PRODUCT only as authorized below.
The PRODUCT and all of it's source files remain the intellectual property of
DEVELOPER.
3. Single Developer
The PRODUCT is licensed per individual developer. You may make copies on
more than one computer, as long as the use of the PRODUCT is always by the
same developer.
4. Source Code
You can modify the source files of the PRODUCT as You wish however You may
not redistribute those modifications to anyone else other than those
that have aquired a commercial license to the same version of the PRODUCT
as You have. An exception to this is in compiled binary form which You
can distribute Your components as You wish as long as You take precautions
to that no other developer will be able to use Your work as a component
unless he has aquired a Commercial License for the same version of the
PRODUCT that You have made Your modifications upon.
5. Permissions and Prohibited uses
You can create any number of applications based on the version that You
have aquired and distribute those applications as You wish without any
restrictions. Though if You build components meant for developers or
extending by further development then Your users must also aquire a
valid license to use the same PRODUCT from DEVELOPER as You have
developed Your component with.
Under no circumstances may You use the PRODUCT or its source code as the basis
for or in connection with a product that delivers the same, or substantially
the same, functionality as the PRODUCT.
You will not owe the DEVELOPER any royalties for Your distribution of
the PRODUCT in accordance with this License Agreement.
6. Termination
This License Agreement and Your right to use the PRODUCT and Modifications
will terminate immediately without notice if You fail to comply with the
terms and conditions of this License Agreement. Upon termination, the
GPL 2 license terms will take over and effectively render this License
invalid.
7. Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER AND ITS
SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD
TO THE SOFTWARE. DEVELOPER DOES NOT GUARANTEE THAT THE OPERATION OF THE
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT
IS NOT TECHNICALLY PRACTICABLE FOR DEVELOPER TO DO SO.
8. Liabilities
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
DEVELOPER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS
INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SOFTWARE, EVEN IF DEVELOPER HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
9. Concluding provisions
German law applies to the legal relationship between DEVELOPER and You as
well as to the respective terms and conditions. Place of jurisdiction for
both parties is - in so far as permitted by law - Munich (Germany). If You
are a consumer and are not resident in the European Union, Munich is also
the place of jurisdiction. In dealings with consumers in the European Union,
the law at the residence of the end user may also apply if mandatory provisions
under consumer law are concerned.
You have no right of offset unless the claim is not in dispute or has been
determined with legal effect by a court of law. If You are a businessman
within the meaning of the Commercial Code or a body under public law, then
the place of fulfilment for deliveries and payments and the place of
jurisdiction are Munich.
10. Severability
If any part of these Terms of Service is held to be invalid or unenforceable
under any applicable statute or rule of law, the unenforceable part shall be
given effect to the greatest extent possible and the remainder will remain
in full force and effect.
11. Marketing
DEVELOPER may include Licensee's company name and logo in a publicly available
list of customers and in its public communications.