Datalator 3.1

EULA - End User License Agreement

Datalator 3.x - License Agreement

BEFORE USING THE SOFTWARE, YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.

Fancy Data Systems Inc. licenses the Datalator software (hereinafter referred to as the "Software"), which includes binaries, source code, registration codes, license codes, and any accompanying documentation, to you (either an individual or single entity) only upon the condition that you accept all of the terms contained in this license agreement ("Agreement").

1. GRANT OF LICENSE: Fancy Data Systems Inc. grants you a non-exclusive license to use the Software. You may use the Software on more than one computer system, you may develop and distribute unlimited amount of applications with help of the Software and you may grant access to those applications to unlimited number of users. You may not pass your developer rights to your customers/users, means you may not rent, lease, sublicense or assign the Software "as is", without adding developed applications. All installations have to be clearly marked as "powered by Datalator" and accompanied by this Agreement.

Software is copyrighted and title to Software and all associated intellectual property rights are retained by Fancy Data Systems Inc.

You agree that any feedback you may provide to Fancy Data Systems Inc.in reference to the Software or this Agreement is non-confidential and you grant Fancy Data Systems Inc. a worldwide, fully paid up and irrevocable license to use this feedback in Fancy Data Systems Inc.''s business activities.

2. LIMITED DISTRIBUTION LICENSE: Distribution of registered versions of the Software is strictly prohibited, except when deploying developed applications. Permission is granted to distribute unregistered, trial versions of the Software, completely unaltered and unregistered provided that it is clearly indicated that the product is Shareware and should be paid for for continued use. There must be no charge for the Software and if packaged with other Shareware, only a small and reasonable fee may be requested for media/shipping. Any distribution satisfying all these distribution requirements is hereby authorized. Any exceptions are only permitted if specifically authorized by Fancy Data Systems Inc. Please contact Fancy Data Systems Inc. for exceptions, or questions. Permission to distribute the Software package is not transferable, assignable, saleable, or franchisable. Each vendor wishing to distribute the package must independently satisfy the terms of this limited distribution license. Fancy Data Systems Inc. may revoke any permissions granted here, by notifying you in writing. All rights not expressly granted here are reserved to Fancy Data Systems Inc.

3. MAINTENANCE AND SUPPORT:

3.1 TERM AND TERMINATION OF MAINTENANCE AND SUPPORT. The initial purchase of a license to the Software for a user includes a one year subscription to receive maintenance and support services on behalf of such user, as set forth in this Section 3 ("Maintenance and Support"), commencing on the date Fancy Data Systems Inc. sends electronic confirmation with registration and license key(s) to the email address provided by the customer.

3.2 MAINTENANCE AND SUPPORT SERVICES. Maintenance and Support means that Fancy Data Systems Inc. will provide:
(a) updates and upgrades to the Software, if any, will be made available by Fancy Data Systems Inc. to its customers during the term of Maintenance and Support, and
(b) At Fancy Data Systems Inc''s discretion, Fancy Data Systems Inc. may provide limited support through email or discussion forums at Fancy Data Systems Inc.''s web site.

4. TERM AND TERMINATION: This Agreement is effective until terminated. You may terminate this Agreement at any time by destroying all copies of Software. This Agreement will terminate immediately without notice from Fancy Data Systems Inc. if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all copies of Software.

5. DISCLAIMER OF WARRANTY: The Software is provided "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

6. LIMITATION OF LIABILITY: THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THIS SOFTWARE AND DOCUMENTATION REMAINS WITH YOU. IN NO EVENT WILL Fancy Data Systems Inc. BE LIABLE FOR ANY LOST PROFITS, LOST SAVINGS, INCIDENTAL OR INDIRECT DAMAGES OR OTHER ECONOMIC CONSEQUENTIAL DAMAGES, EVEN IF Fancy Data Systems Inc. OR ITS AUTHORIZED SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION Fancy Data Systems Inc. WILL NOT BE LIABLE FOR ANY DAMAGES CLAIMED BY YOU BASED ON ANY THIRD PARTY CLAIM.

7. REFUND POLICY: Due to the fact that a full version of the Software is available for free evaluation for a period of 30 days, refunds will be offered on a case by case basis. To be eligible for a refund, Fancy Data Systems Inc. must receive a refund request within 30 days of the date of purchase.

8. LICENSE RESTRICTIONS: You may not reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software in whole or in part. You may not tamper with, alter, disable or circumvent the Software''s built-in license verification and enforcement capabilities. You may not remove of alter any trademark, copyright, logo or other proprietary notices in the Software. You may not disclose any license codes in any way.

9. GENERAL PROVISIONS:

9.1 CONSENT TO JURISDICTION AND FORUM SELECTION. This Agreement will be interpreted and construed in accordance with the laws of the Province of Ontario and Canada, without regard to conflict of law principles. The parties hereby consent to the personal and exclusive jurisdiction of the province and federal courts located in Halton Region, Ontario for resolution of any disputes arising out of this Agreement.

9.2 SEVERABILITY; WAIVER. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way and the invalid or unenforceable provision shall be enforced to the full extent permitted. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

10. INTEGRATION: This Agreement is the entire agreement between you and Fancy Data Systems Inc. relating to its subject matter.It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this Agreement. No modification of this Agreement will be binding, unless in writing and signed by an authorized representative of each party.

11. THIRD-PARTY SOFTWARE: Datalator ships with the Apache Derby database engine and JDBC driver. The license files are located in the "lib" directory under the Datalator installation directory.