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<H2>mx Extension Series - License Information</H2>
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<SMALL>
<A HREF="#Public">Public License</A> :
<A HREF="#Commercial">Commercial License</A> :
<A HREF="" TARGET="_top">Home</A>
</SMALL>
</TD>
<TD ALIGN=RIGHT>
<SMALL>
<FONT COLOR="#FF0000">Version 1.0.0</FONT>
</SMALL>
</TD>
</TABLE>
<HR SIZE=1 NOSHADE WIDTH="100%">
<H3>Introduction</H3>
<UL>
<P>
The mx Extensions Series packages are brought to you by the
eGenix.com Software, Skills and Services GmbH, Langenfeld,
Germany. We are licensing our products under the following
two different licenses:
<UL>
<LI><A HREF="#Public">eGenix.com Public License</A>
<LI><A HREF="#Commercial">eGenix.com Commercial License</A>.
</UL>
<P>
The <I>Public License</I> is very similar to the Python 2.0
license and covers the open source software made available
by eGenix.com which is free of charge even for commercial
use.
<P>
The <I>Commercial License</I> is intended for covering
commercial eGenix.com software, notably the mxODBC
package. Only private and non-commercial use is free of
charge.
<P>
If you have questions regarding these licenses, please
contact <A
HREF="mailto:licenses@eGenix.com">Licenses@eGenix.com</A>.
If you would like to bundle the software with your
commercial product, please write to <A
HREF="mailto:sales@eGenix.com">Sales@eGenix.com</A>
for more information about the redistribution conditions and
terms.
</UL>
<A NAME="Public"></A>
<H3>eGenix.com Public License</H3>
<UL>
<P>
The eGenix.com Public License is similar to the Python 2.0
and considered an Open Source license (in the sense defined
by the <A HREF="http://www.opensource.org">Open Source
Intiative (OSI)</A>) by eGenix.com.
<P>
The license should also be compatible to the <A
HREF="http://www.gnu.org">GNU Public License</A> in case
that matters. The only part which is known to have caused
some problems with Richard Stallmann in the past is the
choice of law clause.
<P>
<TABLE BORDER=1 CELLPADDING=15 BGCOLOR="#F3F3F3">
<TR>
<TD>
<H3> EGENIX.COM PUBLIC LICENSE AGREEMENT VERSION 1.0.0 </H3>
<P>
<H4> 1. Introduction </H4>
<P>
This "License Agreement" is between eGenix.com Software, Skills and
Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48,
D-40764 Langenfeld, Germany, and the Individual or Organization
("Licensee") accessing and otherwise using this software in source or
binary form and its associated documentation ("the Software").
<P>
<H4> 2. License </H4>
<P>
Subject to the terms and conditions of this eGenix.com Public License
Agreement, eGenix.com hereby grants Licensee a non-exclusive,
royalty-free, world-wide license to reproduce, analyze, test, perform
and/or display publicly, prepare derivative works, distribute, and
otherwise use the Software alone or in any derivative version,
provided, however, that the eGenix.com Public License Agreement is
retained in the Software, or in any derivative version of the Software
prepared by Licensee.
<P>
<H4> 3. NO WARRANTY </H4>
<P>
eGenix.com is making the Software available to Licensee on an "AS IS"
basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED,
EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED.
BY WAY OF EXAMPLE, BUT NOT LIMITATION, EGENIX.COM MAKES NO AND
DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS
FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE WILL NOT
INFRINGE ANY THIRD PARTY RIGHTS.
<P>
<H4> 4. LIMITATION OF LIABILITY </H4>
<P>
EGENIX.COM SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE
SOFTWARE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE
SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF.
<P>
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO LICENSEE.
<P>
<H4> 5. Termination </H4>
<P>
This License Agreement will automatically terminate upon a material
breach of its terms and conditions.
<P>
<H4> 6. General </H4>
<P>
Nothing in this License Agreement affects any statutory rights of
consumers that cannot be waived or limited by contract.
<P>
Nothing in this License Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between
eGenix.com and Licensee.
<P>
If any provision of this License Agreement shall be unlawful, void, or
for any reason unenforceable, such provision shall be modified to the
extent necessary to render it enforceable without losing its intent,
or, if no such modification is possible, be severed from this License
Agreement and shall not affect the validity and enforceability of the
remaining provisions of this License Agreement.
<P>
This License Agreement shall be governed by and interpreted in all
respects by the law of Germany, excluding conflict of law
provisions. It shall not be governed by the United Nations Convention
on Contracts for International Sale of Goods.
<P>
This License Agreement does not grant permission to use eGenix.com
trademarks or trade names in a trademark sense to endorse or promote
products or services of Licensee, or any third party.
<P>
The controlling language of this License Agreement is English. If
Licensee has received a translation into another language, it has been
provided for Licensee's convenience only.
<P>
<H4> 14. Agreement </H4>
<P>
By downloading, copying, installing or otherwise using the Software,
Licensee agrees to be bound by the terms and conditions of this
License Agreement.
<P>
</TD>
</TABLE>
</UL>
<A NAME="Commercial"></A>
<H3>eGenix.com Commercial License</H3>
<UL>
<P>
The eGenix.com Commercial License is covers commercial
eGenix.com software, notably the mxODBC package. Only
private and non-commercial use is free of charge. Usage of
the software in commercial settings such as for implementing
in-house applications in/for companies or consulting work
where the software is used as tool requires a "Proof of
Authorization" which can be bought from eGenix.com.
<P>
<TABLE BORDER=1 CELLPADDING=15 BGCOLOR="#F3F3F3">
<TR>
<TD>
<H3> EGENIX.COM COMMERCIAL LICENSE AGREEMENT VERSION 1.0.0 </H3>
<P>
<H4> 1. Introduction </H4>
<P>
This "License Agreement" is between eGenix.com Software, Skills and
Services GmbH ("eGenix.com"), having an office at Pastor-Loeh-Str. 48,
D-40764 Langenfeld, Germany, and the Individual or Organization
("Licensee") accessing and otherwise using this software in source or
binary form and its associated documentation ("the Software").
<P>
<H4> 2. Terms and Definitions </H4>
<P>
The "Software" covered under this License Agreement includes without
limitation, all object code, source code, help files, publications,
documentation and other programs, products or tools that are included
in the official "Software Distribution" available from eGenix.com.
<P>
The "Proof of Authorization" for the Software is a written and signed
notice from eGenix.com providing evidence of the extent of
authorizations the Licensee has acquired to use the Software and of
Licensee's eligibility for future upgrade program prices (if
announced) and potential special or promotional opportunities. As
such, the Proof of Authorization becomes part of this License Agreement.
<P>
Installation of the Software ("Installation") refers to the process of
unpacking or copying the files included in the Software Distribution
to an Installation Target.
<P>
"Installation Target" refers to the target of an installation
operation. Targets are defined as follows:
<P>
1) "CPU" refers to a central processing unit which is able to
store and/or execute the Software (a server, personal computer, or
other computer-like device) using at most two (2) processors,
<P>
2) "Site" refers to at most one hundred fifty (150) CPUs installed
at a single site of a company,
<P>
3) "Corporate" refers to at most one thousand (1000) CPUs
installed at an unlimited number of sites of the company,
<P>
4) "Developer CPU" refers to a single CPU used by at most one (1)
developer.
<P>
When installing the Software on a server CPU for use by other CPUs in
a network, Licensee must obtain a License for the server CPU and for
all client CPUs attached to the network which will make use of the
Software by copying the Software in binary or source form from the
server into their CPU memory. If a CPU makes use of more than two (2)
processors, Licensee must obtain additional CPU licenses to cover the
total number of installed processors. Likewise, if a Developer CPU is
used by more than one developer, Licensee must obtain additional
Developer CPU licenses to cover the total number of developers using
the CPU.
<P>
"Commercial Environment" refers to any application environment which
is aimed at producing profit. This includes, without limitation,
for-profit organizations, work as independent contractor, consultant
and other profit generating relationships with organizations or
individuals.
<P>
"Non-Commercial Environments" are all those application environments
which do not directly or indirectly generate profit. Educational and
other officially acknowledged non-profit organizations are regarded as
being a Non-Commercial Environment in the above sense.
<P>
<H4> 3. License Grant </H4>
<P>
Subject to the terms and conditions of this License Agreement,
eGenix.com hereby grants Licensee a non-exclusive, world-wide license
to
<P>
1) use the Software to the extent of authorizations Licensee has
acquired and
<P>
2) distribute, make and install copies to support the level of use
authorized, providing Licensee reproduces this License Agreement
and any other legends of ownership on each copy, or partial copy,
of the Software.
<P>
If Licensee acquires this Software as a program upgrade, Licensee's
authorization to use the Software from which Licensee upgraded is
terminated.
<P>
Licensee will ensure that anyone who uses the Software does so only in
compliance with the terms of this License Agreement.
<P>
Licensee may not
<P>
1) use, copy, install, compile, modify, or distribute the Software
except as provided in this License Agreement;
<P>
2) reverse assemble, reverse engineer, reverse compile, or
otherwise translate the Software except as specifically permitted
by law without the possibility of contractual waiver; or
<P>
3) rent, sublicense or lease the Software.
<P>
<H4> 4. Authorizations </H4>
<P>
The extent of authorization depends on the ownership of a Proof of
Authorization for the Software.
<P>
Usage of the Software for any other purpose not explicitly covered by
this License Agreement or granted by the Proof of Authorization is not
permitted and requires the written prior permission from eGenix.com.
<P>
<H4> 4.1. Non-Commercial Environments </H4>
<P>
This section applies to all uses of the Software without a Proof of
Authorization for the Software in a Non-Commercial Environment.
<P>
Licensee may copy, install, compile, modify and use the Software under
the terms of this License Agreement FOR NON-COMMERCIAL PURPOSES ONLY.
<P>
Use of the Software in a Commercial Environment or for any other
purpose, such as redistribution, IS NOT PERMITTED BY THIS LICENSE and
requires a Proof of Authorization from eGenix.com.
<P>
<H4> 4.2. Evaluation Period for Commercial Environments </H4>
<P>
This section applies to all uses of the Software without a Proof of
Authorization for the Software in a Commercial Environment.
<P>
Licensee may copy, install, compile, modify and use the Software under
the terms of this License Agreement FOR EVALUATION AND TESTING
PURPOSES and DURING A LIMITED EVALUATION PERIOD OF AT MOST THIRTY (30)
DAYS AFTER INITIAL INSTALLATION ONLY.
<P>
For use of the Software after the evaluation period or for any other
purpose, such as redistribution, Licensee must obtain a Proof of
Authorization from eGenix.com.
<P>
If Licensee decides not to obtain a Proof of Authorization after the
evaluation period, Licensee agrees to cease using and to remove all
installed copies of the Software.
<P>
<H4> 4.3. Usage under Proof of Authorization </H4>
<P>
This section applies to all uses of the Software provided that
Licensee owns a Proof of Authorization for the Software.
<P>
Licensee may copy, install, compile, modify, use and distribute the
Software to the extent of authorization acquired by the Proof of
Authorization and under the terms an conditions of this License
Agreement.
<P>
<H4> 5. Transfer of Rights and Obligations </H4>
<P>
Licensee may transfer all license rights and obligations under a Proof
of Authorization for the Software to another party by transferring the
Proof of Authorization and a copy of this License Agreement and all
documentation.
<P>
The transfer of Licensee's license rights and obligations terminates
Licensee's authorization to use the Software under the Proof of
Authorization.
<P>
<H4> 6. Modifications </H4>
<P>
Software modifications may only be distributed in form of patches to
the original files contained in the Software Distribution.
<P>
The patches must be accompanied by a legend of origin and ownership
and a visible message stating that the patches are not original
Software delivered by eGenix.com, nor that eGenix.com can be held
liable for possible damages related directly or indirectly to the
patches if they are applied to the Software.
<P>
<H4> 7. Experimental Code or Features </H4>
<P>
The Software may include components containing experimental code or
features which may be modified substantially before becoming generally
available.
<P>
These experimental components or features may not be at the level of
performance or compatibility of generally available eGenix.com
products. eGenix.com does not guarantee that any of the experimental
components or features contained in the eGenix.com will ever be made
generally available.
<P>
<H4> 8. Expiration and License Control Devices </H4>
<P>
Components of the Software may contain disabling or license control
devices that will prevent them from being used after the expiration of
a period of time or on Installation Targets for which no license was
obtained.
<P>
Licensee will not tamper with these disabling devices or the
components. Licensee will take precautions to avoid any loss of data
that might result when the components can no longer be used.
<P>
<H4> 9. NO WARRANTY </H4>
<P>
eGenix.com is making the Software available to Licensee on an "AS IS"
basis. SUBJECT TO ANY STATUTORY WARRANTIES WHICH CAN NOT BE EXCLUDED,
EGENIX.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED. BY WAY OF EXAMPLE, BUT NOT LIMITATION, EGENIX.COM MAKES NO
AND DISCLAIMS ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR THAT THE USE OF THE SOFTWARE
WILL NOT INFRINGE ANY THIRD PARTY RIGHTS.
<P>
<H4> 10. LIMITATION OF LIABILITY </H4>
<P>
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
EGENIX.COM BE LIABLE TO LICENSEE OR ANY OTHER USERS OF THE SOFTWARE
FOR (I) ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LOSS
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER
PECUNIARY LOSS) AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE
SOFTWARE, OR ANY DERIVATIVE THEREOF, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF; OR (II) ANY AMOUNTS IN EXCESS OF THE AGGREGATE
AMOUNTS PAID TO EGENIX.COM UNDER THIS LICENSE AGREEMENT DURING THE
TWELVE (12) MONTH PERIOD PRECEEDING THE DATE THE CAUSE OF ACTION
AROSE.
<P>
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO LICENSEE.
<P>
<H4> 11. Termination </H4>
<P>
This License Agreement will automatically terminate upon a material
breach of its terms and conditions if not cured within thirty (30)
days of written notice by eGenix.com. Upon termination, Licensee shall
discontinue use and remove all installed copies of the Software.
<P>
<H4> 12. Indemnification </H4>
<P>
Licensee hereby agrees to indemnify eGenix.com against and hold
harmless eGenix.com from any claims, lawsuits or other losses that
arise out of Licensee's breach of any provision of this License
Agreement.
<P>
<H4> 13. Third Party Rights </H4>
<P>
Any software or documentation in source or binary form provided along
with the Software that is associated with a separate license agreement
is licensed to Licensee under the terms of that license
agreement. This License Agreement does not apply to those portions of
the Software. Copies of the third party licenses are included in the
Software Distribution.
<P>
<H4> 14. High Risk Activities </H4>
<P>
The Software is not fault-tolerant and is not designed, manufactured
or intended for use or resale as on-line control equipment in
hazardous environments requiring fail-safe performance, such as in the
operation of nuclear facilities, aircraft navigation or communication
systems, air traffic control, direct life support machines, or weapons
systems, in which the failure of the Software, or any software, tool,
process, or service that was developed using the Software, could lead
directly to death, personal injury, or severe physical or
environmental damage ("High Risk Activities").
<P>
Accordingly, eGenix.com specifically disclaims any express or implied
warranty of fitness for High Risk Activities.
<P>
Licensee agree that eGenix.com will not be liable for any claims or
damages arising from the use of the Software, or any software, tool,
process, or service that was developed using the Software, in such
applications.
<P>
<H4> 15. General </H4>
<P>
Nothing in this License Agreement affects any statutory rights of
consumers that cannot be waived or limited by contract.
<P>
Nothing in this License Agreement shall be deemed to create any
relationship of agency, partnership, or joint venture between
eGenix.com and Licensee.
<P>
If any provision of this License Agreement shall be unlawful, void, or
for any reason unenforceable, such provision shall be modified to the
extent necessary to render it enforceable without losing its intent,
or, if no such modification is possible, be severed from this License
Agreement and shall not affect the validity and enforceability of the
remaining provisions of this License Agreement.
<P>
This License Agreement shall be governed by and interpreted in all
respects by the law of Germany, excluding conflict of law
provisions. It shall not be governed by the United Nations Convention
on Contracts for International Sale of Goods.
<P>
This License Agreement does not grant permission to use eGenix.com
trademarks or trade names in a trademark sense to endorse or promote
products or services of Licensee, or any third party.
<P>
The controlling language of this License Agreement is English. If
Licensee has received a translation into another language, it has been
provided for Licensee's convenience only.
<P>
<H4> 16. Agreement </H4>
<P>
By downloading, copying, installing or otherwise using the Software,
Licensee agrees to be bound by the terms and conditions of this
License Agreement.
<P>
<P>
For question regarding this license agreement, please write to:
<PRE>
eGenix.com Software, Skills and Services GmbH
Pastor-Loeh-Str. 48
D-40764 Langenfeld
Germany
</PRE>
</TD>
</TABLE>
<P>
The following two sections give examples of the "Proof of
Authorization" for a commercial use license of product under
this license.
<P>
When you buy such a license, you will receive a signed
"Proof of Authorization" by postal mail within a week or
two. We will also send you the Proof of Authorization Key
by e-mail to acknowledge acceptance of the payment.
<P>
<TABLE BORDER=1 CELLPADDING=15 BGCOLOR="#F3F3F3">
<TR>
<TD>
<H3> EGENIX.COM PROOF OF AUTHORIZATION (Example: CPU License) </H3>
<P>
<H4> 1. License Grant </H4>
<P>
eGenix.com Software, Skills and Services GmbH ("eGenix.com"), having
an office at Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, hereby
grants the Individual or Organization ("Licensee") a non-exclusive,
world-wide license to use the software listed below in source or
binary form and its associated documentation ("the Software") under
the terms and conditions of the eGenix.com Commercial License
Agreement Version 1.0.0 and to the extent authorized by this Proof of
Authorization.
<P>
<H4> 2. Covered Software </H4>
<PRE>
Software Name: mxODBC Python ODBC Interface
Software Version: Version 2.0.0
Software Distribution: mxODBC-2.0.0.zip
Software Distribution MD5 Hash: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Operating System: any compatible operating system
</PRE>
<H4> 3. Authorizations </H4>
<P>
eGenix.com hereby authorizes Licensee to copy, install, compile,
modify and use the Software on the following Installation Targets.
<PRE>
Installation Targets: one (1) CPU
</PRE>
Redistribution of the Software is not allowed under this Proof of
Authorization.
<P>
<H4> 4. Proof </H4>
<P>
This Proof of Authorization was issued by
<P>
<PRE>
__________________________________
Langenfeld, ______________________
Proof of Authorization Key:
xxxx-xxxx-xxxx-xxxx-xxxx-xxxx
</PRE>
<P>
</TD>
</TABLE>
<P>
The next section gives an example of a "Developer CPU
Licenses" which allows you to redistribute software built
around the Software or integrating it. Please contact <A
HREF="mailto:sales@eGenix.com">sales@eGenix.com</A> for
questions about the redistribution conditions.
<P>
<TABLE BORDER=1 CELLPADDING=15 BGCOLOR="#F3F3F3">
<TR>
<TD>
<H3> EGENIX.COM PROOF OF AUTHORIZATION (Example: Developer License) </H3>
<P>
<H4> 1. License Grant </H4>
<P>
eGenix.com Software, Skills and Services GmbH ("eGenix.com"), having
an office at Pastor-Loeh-Str. 48, D-40764 Langenfeld, Germany, hereby
grants the Individual or Organization ("Licensee") a non-exclusive,
world-wide license to use and distribute the software listed below in
source or binary form and its associated documentation ("the
Software") under the terms and conditions of the eGenix.com Commercial
License Agreement Version 1.0.0 and to the extent authorized by this
Proof of Authorization.
<P>
<H4> 2. Covered Software </H4>
<PRE>
Software Name: mxODBC Python ODBC Interface
Software Version: Version 2.0.0
Software Distribution: mxODBC-2.0.0.zip
Software Distribution MD5 Hash: xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Operating System: any compatible operating system
</PRE>
<H4> 3. Authorizations </H4>
<P>
<H4> 3.1. Application Development </H4>
<P>
eGenix.com hereby authorizes Licensee to copy, install, compile,
modify and use the Software on the following Developer Installation
Targets for the purpose of developing products using the Software as
integral part.
<PRE>
Developer Installation Targets: one (1) CPU
</PRE>
<H4> 3.2. Redistribution </H4>
<P>
eGenix.com hereby authorizes Licensee to redistribute the Software
bundled with a products developed by Licensee on the Developer
Installation Targets ("the Product") subject to the terms and
conditions of the eGenix.com Commercial License Agreement for
installation and use in combination with the Product on the following
Redistribution Installation Targets, provided that:
<P>
1) Licensee shall not and shall not permit or assist any third
party to sell or distribute the Software as a separate product;
<P>
2) Licensee shall not and shall not permit any third party to
<P>
(i) market, sell or distribute the Software to any end user
except subject to the eGenix Commercial License Agreement,
<P>
(ii) rent, sell, lease or otherwise transfer the Software or
any part thereof or use it for the benefit of any third party,
<P>
(iii) use the Software outside the Product or for any other
purpose not expressly licensed hereunder;
<P>
3) the Product does not provide functions or capabilities similar
to those of the Software itself, i.e. the Product does not
introduce commercial competition for the Software as sold by
eGenix.com.
<P>
<PRE>
Redistribution Installation Targets: any number of CPUs capable of
running the Product and the
Software
</PRE>
<H4> 4. Proof </H4>
<P>
This Proof of Authorization was issued by
<P>
<PRE>
__________________________________
Langenfeld, ______________________
Proof of Authorization Key:
xxxx-xxxx-xxxx-xxxx-xxxx-xxxx
</PRE>
<P>
</TD>
</TABLE>
</UL>
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