PGNP License Agreement for V1.4
Version 1.0, effective March 1, 2012
IMPORTANT-READ THESE TERMS CAREFULLY BEFORE DOWNLOADING OR INSTALLING PGNP NATIVE OLEDB PROVIDER FOR POSTGRESQL OR GREENPLUM DATABASE. BY DOWNLOADING OR USING THIS PRODUCT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT DOWNLOADING OR INSTALLING THE PRODUCT.
1. Grant of License for Registered Users
Intellisoft LLC (hereinafter "Author") grants you (hereinafter "User") a non-exclusive, non-transferable license to use the program with which this license is distributed (the "Product"), including any documentation files accompanying the Product ("Documentation") on up to specified number of computers for which User has paid the license fee (subject to the additional requirements stated in the License Version section of this Agreement) provided that:
(1) The Product is only installed on licensed servers or personal computers;
(2) Separate license is required per each physical computer, virtual machine, or cluster node;
(3) The Product is NOT modified;
(4) All copyright notices are maintained on the Product; and
(5) User agrees to be bound by the terms of this License Agreement. The Product and Documentation shall be used only by User, only for User's own personal use and not in the operation of a service bureau or for the benefit of any other person or entity.
2. License Version
Author is licensing the Product under one of the two license versions: Server Edition License, or Desktop Edition License. Depending on how you obtained the Product one of the following subsections must be accepted:
(1) Server Edition terms: User may install and use the Product in his organization on a Server for the business/production or software development purposes. Server is defined as a computer that handles large volume of requests from multiple clients. Examples of Server are IIS, SQL Server/linked server, SSAS, or other type of server.
(2) Desktop Edition terms: User may install and use the Product in his organization on a Desktop for the business/production or software development purposes. Desktop is defined as a computer that runs User application(s), and does not handle large volume of connections from other computers.
Additional requirements and rights are attached to the specific software license version sought.
3. Ownership
User have no ownership rights in the Product. Rather, User has a license to use the Product as long as this License Agreement remains in full force and effect. Ownership of the Product, Documentation and all intellectual property rights therein shall remain at all times with Author. Any other use of the Product by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this License Agreement.
4. Copyright
The Product and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to User herein are expressly reserved by Author. User may not remove any proprietary notice of Author from any copy of the Product or Documentation.
5. Restrictions
User may not publish, display, disclose, rent, lease, modify, loan, distribute, or create derivative works based on the Product or any part thereof. User may not reverse engineer, decompile, translate, adapt, or disassemble the Product, nor shall attempt to create the source code from the object code for the Product. User may not transmit the Product over any network or between any devices, although User may use the Product to make such transmissions of other materials. User may transfer the Product to other computers User owns as long as User only uses it on licensed computers and subject to Section 2 of this Agreement.
6. Confidentiality
User acknowledges that the Product contains proprietary trade secrets of Author and User hereby agrees to maintain the confidentiality of the Product using at least as great a degree of care as User uses to maintain the confidentiality of User's own most confidential information.
7. Services and Support
Author will not provide training to User, to User's employees or to any affiliated members of User's organization on the proper operation or utilization of the Program. However, Author will provide technical support and error corrections by e-mail during the active maintenance period, i.e. 180 days from the original date of purchase of the Program, or 1 year after purchase of the annual Technical Support and Updates. The annual Technical Support contract optional. A separate Technical Support contract must be obtained for each installation in order to receive product updates.
8. Limited Warranty
THE PRODUCT IS PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY LAW, AUTHOR DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AUTHOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET ANY REQUIREMENTS OR NEEDS USER MAY HAVE, OR THAT THE PRODUCT WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE PRODUCT WILL BE CORRECTED, OR THAT THE PRODUCT IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO USER.
9. Limitation of Liability
IN NO EVENT WILL AUTHOR BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AUTHOR'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE PRODUCT AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEE PAID BY USER FOR THE PRODUCT AND DOCUMENTATION.
10. Export Restrictions
THIS LICENSE AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS ON THE EXPORT FROM THE UNITED STATES OF AMERICA OF THE PRODUCT OR INFORMATION ABOUT SUCH PRODUCT WHICH MAY BE IMPOSED FROM TIME TO TIME BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA. USER SHALL NOT EXPORT THE PRODUCT, DOCUMENTATION, OR INFORMATION ABOUT THE PRODUCT AND DOCUMENTATION WITHOUT CONSENT OF AUTHOR AND COMPLIANCE WITH SUCH LAWS, REGULATIONS, ORDERS, OR OTHER RESTRICTIONS.
11. Termination
This License Agreement is effective until it is terminated. User may terminate this License Agreement at any time by destroying or returning to Author all copies of the Product and Documentation in User's possession or under User's control. Author may terminate this License Agreement for any reason, including, but not limited to, if Author finds that User has violated any of the terms of this License Agreement. Upon notification of termination, User agrees to destroy or return to Author all copies of the Product and Documentation and to certify in writing that all known copies, including backup copies, have been destroyed. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Product License Agreement.
12. General
This License Agreement shall be construed, interpreted and governed by the laws of the State of Arizona without regard to conflicts of law provisions thereof. The exclusive forum for any disputes arising out of or relating to this License Agreement shall be an appropriate federal or state court sitting in Maricopa County, State of Arizona, USA. This License Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this License Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this License Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this License Agreement shall be interpreted so as to reasonably effect the intention of the parties. Please contact Author at
