FAST REPORT VCL LICENSE
SINGLE USER SOFTWARE LICENSE AND LIMITED WARRANTY TO THE PRODUCT AND COMPONENTS. This Software End User License Agreement (the “Agreement”) is entered into as of ____________ ___, 2014 (“Effective Date”) by and between Fast Reports Inc., a Virginia corporation (“Fast Reports”), and _________________, a corporation organized under the laws of _______________ (“Licensee” or “You” and collectively with Fast Reports, the “Parties” and each, a “Party”).
This license agreement is a legal agreement that covers your (Licensee's) use of the software and service titled “FastReport 5” (“Software”), in all forms of code, including, without limitation, its source code, all successor upgrades, revisions, patches, enhancements, fixes modifications, copies, additions or maintenance releases of the Software, if any, licensed to you by Fast Reports (collectively, the “Updates”) provided that the Updates shall not include a new subsequent releases of the Software bearing a new first numeral such as 6.0 or 7.0 (“New Releases”) but include any minor revisions of the Software version indicated by a change in the decimal numeral, such as 5.3 or 5.4, and related user documentation and explanatory materials or files provided in written, “online” or electronic form (“Documentation” and together with the Software and Updates, (hereinafter referred to as "Product"). For the avoidance of doubt, by way of example, but not exclusion, if a specific file is provided by Fast Reports in Object Code only, the Source Code for such files shall not be deemed a part of the Software provided by Fast Reports to you. For purposes hereof “Source Code” shall mean the human-readable form of the computer programming code and related system documentation including all comments and any procedural code such as job control language and “Object Code” shall mean computer programs assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse-assembly, reverse-compiling, or reverse-engineering. The Product is Copyright © 1998-2014 Fast Reports Inc. You may use the Product and distribute it according to this License Agreement. If you do not agree with these terms, please remove the Product from your system. By incorporating the Product in your work or distributing the Product to others you implicitly agree to these license terms. The Product is, and remains, Copyright © 1998-2014 Fast Reports Inc., with exception of specific copyrights as noted in the individual source files.
1. SOURCE CODE
The Product unregistered trial version, may be freely distributed, with exceptions noted below, provided that the distribution package is not modified. No person or company may charge a fee for the distribution of Product without written permission from Fast Reports. The Product unregistered trial version may not be bundled or distributed with any other package without written permission of the copyright holder.
2. GRANT OF LICENSE
If you register the Product, Fast Reports grants you the non-exclusive and non-transferable license to store, load, install, execute, and display (to “Use”) the specified version of the Software on a specified number of computers, workstations or other electronic devices for which the software was designed (each a “Client Device”) and by specific number of permitted Named Users (as such term defined below) pursuant to the terms and conditions of this Agreement (“License”) and you hereby agree and accept such License as follows:
2.1. Trial Version. If you have received, downloaded and/or installed a trial version of the Product and are hereby granted an evaluation license for the Software and you may Use the Product only for evaluation purposes and only during the single applicable evaluation period of thirty (30) days (the “Trial Period”), unless otherwise indicated, from the date of the initial installation. Any use of the Product for other purposes or beyond the applicable evaluation period is strictly prohibited, provided however that, subject to the restrictions contained herein, you may copy and distribute a trial version of the Product as provided in Section 1 hereof. The Fast Reports shall not be required to provide any support and Updates, for the Trial Version of the Product. During the Trial Period, the Fast Reports provides no warranty and assumes and bears no liability whatsoever for the Trial Version of the Product.
2.2. Basic License. If the Product is licensed under Basic License upon the terms specified in the applicable invoicing or packaging for the Product, you may make use of the Product with functionality as set forth at: www.fast-report.com. Unless a multiple Licenses are purchased by Licensee, Licensee is allowed to Use a single (1) copy of the Product licensed under the Basic License by a single (1) Named User on one (1) Client Device or a single web servers owned, rented or leased by Licensee. .
2.3. Standard License. If the Product is licensed under Standard License upon the terms specified in the applicable invoicing or packaging for the Product, you may make use of the Product with functionality as set forth at: www.fast-report.com. Unless a multiple Licenses are purchased by Licensee, Licensee is allowed to Use a single (1) copy of the Product licensed under the Standard License by a single (1) Named User on one (1) Client Device or a single web servers owned, rented or leased by Licensee.
2.4. Team License. If the Product is licensed under Team License upon the terms specified in the applicable invoicing or packaging for the Product, you may make use of the Product with functionality as set forth at: www.fast-report.com. Unless a multiple Licenses are purchased by Licensee, Licensee is allowed to Use a two (2) copy of the Product licensed under the Team License by up to (4) Named User on two (2) Client Devices or a single web servers owned, rented or leased by Licensee, provided that, the Client Devices maybe located in different geographical areas, having unique addresses.
2.5. Site License. If the Product is licensed under Site License terms specified in the applicable Product invoicing or packaging, Licensee may install and Use the Product on any number of Client Devices by any number of Named Users within a single (1) building owned or leased by Licensee, having a single geographical location and address. Additionally, the individual licensing terms may specify other terms, conditions and restrictions of Using the Product.
2.6. Source Code License. The Fast Reports, pursuant to invoicing terms, and in conjunction with one of Licenses granted under Section 2 hereof, may grant you certain rights to Software provided in Source Code as follows (the “Source Code License”):
Provided you have purchased a license to a part of the Software supplied in Source Code form, you may make modifications, enhancements, derivative works and/or extensions to that licensed Source Code provided to you under the terms set forth in this Section 2.4.
While the Fast Reports does not claim any ownership rights in the Results, in the event you develop any modifications, enhancements, derivative works and/or extensions to the licensed Source Code (the “Derivatives”), either independently or jointly with the Fast Reports, such Derivatives and all rights associated therewith will be the exclusive property of the Fast Reports.
You shall not grant, either expressly or by implication, any rights, title, interest, or licenses to any Derivatives to any third party. You will, however, be entitled to use such Derivatives under the terms set forth in this Agreement. You hereby assign all right, title and interest in and to such Derivatives to the licensed Source Code to the Fast Reports.
You also agree to execute, acknowledge and deliver to the Fast Reports all documents and instruments and do all things and actions Fast Reports deems necessary or desirable, at no cost to you but at Fast Report's expense, to enable the Fast Reports to obtain and secure such Derivatives anywhere in the World. You agree to secure all necessary rights and obligations from relevant employees or third parties in order to satisfy the above obligations. You may not distribute the Fast Report's Source Code, or any Derivatives, in Source Code form.
Under no circumstances may any portion of the Source Code be distributed, disclosed or otherwise made available to any third party without the express, prior written consent of the Fast Reports. Under no circumstances may the Source Code be used in whole or in part, as the basis for creating a product that provides the same, or substantially the same, functionality as any of the Fast Report's product. You will not take any action, or assist or otherwise aid anyone else in taking any action that would, in any way, limit the Fast Report's independent development, sale, assignment, licensing or use of its Software or any Derivatives thereof. You will not modify or delete, in whole or part, any copyright, trade secret, proprietary, confidential or other notice thereon or therein, without the express, prior written consent of the Fast Reports.
YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT SOURCE CODE IS LICENSED “AS IS,” AND THAT THE FAST REPORTS DOES NOT PROVIDE ANY TECHNICAL SUPPORT FOR SOURCE CODE.
2.7. Professional License with Source Code License. If the Product is licensed under Professional License with Source Code License upon the terms specified in the applicable Terms of Use, invoicing or packaging for the Product, your rights to Use the Product shall be the rights granted under the Professional License together with the rights granted under the Source Code License (the “Professional License with Source Code License”).
2.8. Enterprise License with Source Code License. If the Product is licensed under Enterprise License with Source Code License upon the terms specified in the applicable Terms of Use, invoicing or packaging for the Product, your rights to may Use of the Product shall be the rights granted under the Enterprise License together with the rights granted under the Source Code License (the “Enterprise License with Source Code License”).
2.9. Licensee may install and Use the Product for the sole purposes of designing, developing, testing, and deploying application programs which it creates. Licensee may install a copy of the Product on a computer and freely move the Product from one computer to another, provided that Licensee is the only individual using the Product. If you are an entity, you must designate one individual within your organization ("Named User") to have the right to use the Product.
2.10. You may write and compile your own application programs using the Product contained in this package. All copies of the Product you so write and distribute must include a Fast Reports, Inc. copyright notice, or a valid copyright notice of your own.
2.11. You may make one copy of the Product for backup or archival purposes or copy the Product to a single permanent storage medium provided you keep the original solely for backup or archival purposes.
2.12. Fast Reports will provide technical support as set forth at: http://support.fast-report.com/ and notifications on the Upgrades for the Product, with no additional payment.
2.13. The registered Product may not be rented or leased, but may be permanently transferred, if the person receiving it agrees to terms of this license. If the software is an Update, the transfer must include the Update and all previous versions.
3. ENGAGING IN ANY OF THE ACTIVITIES LISTED BELOW WILL TERMINATE THE SOFTWARE LICENSE. IN ADDITION TO SOFTWARE LICENSE TERMINATION, FAST REPORTS INC. MAY PURSUE CRIMINAL, CIVIL, OR ANY OTHER AVAILABLE REMEDIES.
3.1. Distribution of any files contained in this software package, other than the runtime packages explicitly listed above, including but not limited to .PAS, .DFM, .DCU files, .DCP files, and design-time packages.
3.2. Modification, decompilation, disassembly, reverse engineering or translation of the Product.
3.3. Removal of proprietary notices, labels or marks from the Product or Product Documentation.
3.4. Inclusion of FastReport Designer in a development environment, CRM or ERP systems.
3.5. Creation of an application that does not differ materially from the Product.
3.6. Development and/or distribution of a stand-alone reporting application based on the Product.
3.7. Creation of an application (whether it be freeware, shareware or a commercial product) which competes directly or indirectly with the Product unless specifically agreed to by Fast Reports.
4. AGREEMENT PERTAINING TO THE RELEASE OF SOURCE CODE BY FAST REPORTS, INC. TO LICENSEE
4.1. Use Of Source Code. Licensee shall not utilize the Source Coe for the creation of a product or any software application (whether it be freeware, shareware or a commercial product) which competes directly or indirectly with Product. In addition, Licensee will not disclose the Source Code itself, nor the implementations discovered therein, to any party involved in the creation of software which competes directly or indirectly with Product.
4.2. Distribution Of Source Code. Licensee shall not distribute the Product. Specifically this includes all .dcu, .dfm, and .pas files which Fast Reports has provided.
4.3. Changes To Source Code. Fast Reports reserves the right to change any part of the Source Code in future versions of the Product. These changes may include the removal of classes, properties and methods or the creation of new classes, properties and methods.
5. TECHNICAL SUPPORT FOR SOURCE CODE
Fast Reports will not provide support for modifications, authorized or not authorized Licensee makes to the Source Code. Licensee assumes full responsibility for supporting any code or application which results from such modification. Licensee will not hold Fast Reports liable and hold Fast Reports harmless for any claims arising from, directly or indirectly, any changes or modifications made to the Product's Source Code, including changes which Licensee has made based on advice or suggestions provided by Fast Reports. Licensee must clearly indicate at the start of each source code file that the user Operates a modified version of the Product.
6. TERM AND TERMINATION.
6.1. The license granted under this Agreement will continue in force until terminated, as set forth herein. If Licensee fails to pay any monies or provide any services due in connection with the Product, or violates any term or condition of this Agreement, Fast Reports or its agent may terminate this License immediately by giving notice to Licensee. Licensee is responsible for providing valid contact information to Fast Reports. If no valid contact information is available for Licensee in Fast Reports' records, Fast Reports is not required to give notice of termination to Licensee. Licensee also may terminate this License voluntarily by giving notice of termination to Fast Reports and destroying or returning to Fast Reports all copies of all or any part of the Product and related user documentation in Licensee's possession or under Licensee's control.
6.2. Effect Of Termination. Immediately upon termination, Licensee will destroy or return to Fast Reports all copies of all or any part of the Product in Licensee's possession or under Licensee's control. Licensee will have no right to keep or use any copy of the Product and related user documentation for any purpose after termination of this Agreement.
7. TRANSFER OF PRODUCT
Licensee shall not have the right to transfer this Product license, without the prior written consent of Fast Reports.
8. CONFIDENTIALITY
The parties to this Agreement will take all necessary steps to ensure that any material or information identified by either party to be confidential ("Confidential Information"), which the other party has possession or knowledge of in connection with this Agreement, will not be disclosed to others, in whole or in part, without the prior written permission of the other party. Neither party will have the obligation to maintain the confidentiality of any data or information which (i) was in the receiving party's lawful possession prior to receipt from the other party, (ii) is later lawfully obtained by the receiving party from a third party having no obligation of secrecy to the other party, (iii) is available to the public through no act or failure of the receiving party, (iv) is readily available in the public domain, or (v) is independently developed by the receiving party. The receiving party will immediately return or destroy any or all Confidential Information that has been provided to it by the other party, upon the other party's request.
9. PRODUCT WARRANTY
9.1. WARRANTIES. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO YOU IN YOUR JURISDICTION, THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ASSOCIATED SOURCE CODE IS PROVIDED “AS-IS” WITHOUT ANY WARRANTY WHATSOEVER AND THE FAST REPORTS MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, REGARDING OR RELATING TO THE PRODUCT OR CONTENT THEREIN OR TO ANY OTHER MATERIAL FURNISHED OR PROVIDED TO YOU PURSUANT TO THIS AGREEMENT OR OTHERWISE. YOU ASSUME ALL RISKS AND RESPONSIBILITIES FOR SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE PRODUCT. THE FAST REPORTS MAKES NO WARRANTY THAT THE PRODUCT WILL BE ERROR FREE OR FREE FROM INTERRUPTION OR FAILURE, OR THAT IT IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FAST REPORTS DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, INTEGRATION, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCT AND THE ACCOMPANYING WRITTEN MATERIALS OR THE USE THEREOF. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU HEREBY ACKNOWLEDGE THAT THE PRODUCT MAY NOT BE OR BECOME AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING WITHOUT LIMITATION PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, TECHNICAL FAILURE OF THE SOFTWARE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DELAY OR DISRUPTION ATTRIBUTABLE TO VIRUSES, DENIAL OF SERVICE ATTACKS, INCREASED OR FLUCTUATING DEMAND, AND ACTIONS AND OMISSIONS OF THIRD PARTIES. THEREFORE, THE FAST REPORTS EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SYSTEM AND/OR SOFTWARE AVAILABILITY, ACCESSIBILITY, OR PERFORMANCE. THE FAST REPORTS DISCLAIMS ANY AND ALL LIABILITY FOR THE LOSS OF DATA DURING ANY COMMUNICATIONS AND ANY LIABILITY ARISING FROM OR RELATED TO ANY FAILURE BY THE FAST REPORTS TO TRANSMIT ACCURATE OR COMPLETE INFORMATION TO YOU.
9.2 http://www.fast-report.com/ru/product/fast-report-vcl-5/license/