Licensing - ODBC Driver for QuickBooks Online

ODBC Driver License Agreement

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PLEASE READ THIS LICENSE AGREEMENT CAREFULLY. BY INSTALLING OR USING THIS SOFTWARE, YOU INDICATE ACCEPTANCE OF AND AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL OR USE THIS SOFTWARE AND PROMPTLY RETURN IT TO DEVART.

INTRODUCTION

This Devart end-user license agreement ("Agreement") is a legal agreement between you (either an individual person or a single legal entity) and Devart, for the use of the ODBC Driver software application, demos, intermediate files, printed materials, and online or electronic documentation contained in this installation file. For the purpose of this Agreement, the software program(s) and supporting documentation will be referred to as the "Software".

LICENSE

1. GRANT OF LICENSE

The enclosed Software is licensed, not sold. You have the following rights and privileges, subject to all limitations, restrictions, and policies specified in this Agreement.

1.1. If you are a legally licensed user, depending on the Software Edition specified in the registration letter you have received from Devart upon purchase of the Software:

- the "Desktop Edition" allows you to install and use the Software on a single desktop computer, provided it is accessed by no more than one person at a time, either directly or remotely, for sole purposes only in accordance with this Agreement. If more than one person can simultaneously use the computer where you plan to install the product, you must purchase a Server License. A Desktop License is valid for one single desktop installation;

- the "Server Edition" allows you to install and use the Software on a single server, provided it is accessed by more than one person at a time, either directly or remotely. This definition includes, but is not limited to, Web servers, application servers, batch servers, and desktop workstations, where more than one concurrent users can access the Software. A Server License is valid for one single server installation, provided it is used by 1 (one) legal entity in accordance with this Agreement.

1.2. If you are a legally licensed user, depending on the License Type specified in the registration letter you have received from Devart upon purchase of the Software:

- the "Subscription-based License" allows you to install and use the Software on a single computer only during the subscription term specified at purchase. An Internet connection is required to activate the license and check the license status when the Software is used. Once the subscription term is over, you will be able to either stop using the Software or renew the license for a new subscription term;

- the "Perpetual License" allows you to install and use the specific Software product version on a single computer without an active subscription. A subscription provides access to new product releases, regular upgrades, and support for new server versions provided during the subscription term;

- the "Site License" allows you to install and use the Software on one or more computers in a single company in accordance with this Agreement;

- the "OEM License" allows you to install and use the Software on one or more computers in a single company as well as deploy the Software as part of a licensee's application to web servers, application servers, batch servers, desktops, and other end-user devices. This definition includes the ability to install and use the application containing the Software without any additional fees in favor of the licensor.

1.3. If you are a legally licensed user of the Software, you are also entitled to:

- make one copy of the Software for archival purposes only, or copy the Software onto the hard disk of your computer and retain the original for archival purposes;

- develop and test Applications with the Software, subject to the Limitations below.

1.4. If you have the "OEM License", you are also entitled to:

- make any number of copies of the Software to deploy it to your end-user.

- deploy the Software to your end-user as a Software installation package or integrate it into your Applications.

1.5. You are allowed to use evaluation versions of the Software as specified in the Evaluation section.

No other rights or privileges are granted in this Agreement.

2. LIMITATIONS

Only legally registered users are licensed to use the Software, subject to all of the conditions of this Agreement. Usage of the Software is subject to the following restrictions.

2.1. You may not reverse engineer, decompile, or disassemble the Software.

2.2. You may not reproduce or distribute any Software documentation without express written permission from Devart.

2.3. You may not distribute and sell any portion of the Software integrating it into your Applications.

2.4. You may not transfer, assign, or modify the Software in whole or in part. In particular, the Software license is non-transferable, and you may not transfer the Software installation package.

2.5. You may not remove or alter any Devart's copyright, trademark, or other proprietary rights notice contained in any portion of Devart files.

3. REDISTRIBUTION

The license grants you a non-exclusive right to reproduce any new software programs (Applications) created using the Software. You cannot distribute the Software integrated into your Applications unless you are an "OEM License" holder. Any Devart's files remain Devart's exclusive property.

4. TRANSFER

You may not transfer the Software to any individual or entity without express written permission from Devart. In particular, you may not share copies of the Software under "Desktop License" with other co-developers without obtaining proper license of these copies for each individual; you may not install the Software under "Server License" on more than 1 (one) server without obtaining proper license of these installations for each server.

5. TERMINATION

Devart may immediately terminate this Agreement without notice or judicial resolution in the event of any failure to comply with any provision of this Agreement. Upon such termination you must destroy the Software, all accompanying written materials, and all copies.

6. EVALUATION

Devart may provide evaluation ("Trial") versions of the Software. You may transfer or distribute Trial versions of the Software as an original installation package only. If the Software you have obtained is marked as a "Trial" version, you may install and use the Software for a period of up to 30 calendar days from the date of installation (the "Trial Period"), subject to the additional restriction that it is used solely for evaluation of the Software and not in conjunction with the development or deployment of any application in production. You may not use Applications developed using Trial versions of the Software for any commercial purposes. Upon expiration of the Trial Period, the Software must be uninstalled, all its copies and all accompanying written materials must be destroyed.

7. WARRANTY

The Software and documentation are provided "AS IS" without warranty of any kind. Devart makes no warranties, expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose or use.

8. SUBSCRIPTION AND SUPPORT

The Software is sold on a subscription basis. The Software subscription entitles you to download improvements and enhancement from Devart's web site as they become available, during the active subscription period. The initial subscription period is one year from the date of purchase of the license. The subscription is automatically activated upon purchase, and may be subsequently renewed by Devart, subject to receipt applicable fees. Licensed users of the Software with an active subscription may request technical assistance with using the Software over email from the Software development. Devart shall use its reasonable endeavors to answer queries raised, but does not guarantee that your queries or problems will be fixed or solved.

Devart reserves the right to cease offering and providing support for legacy Database versions.

9. COPYRIGHT

The Software is confidential and proprietary copyrighted work of Devart and is protected by international copyright laws and treaty provisions. You may not remove the copyright notice from any copy of the Software or any copy of the written materials, accompanying the Software.

This Agreement contains the total agreement between the two parties and supersedes any other agreements, written, oral, expressed, or implied.

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