iFidelity - Software License Agreement

All downloads require acceptance of the software license. Read the license, and if you agree with its terms, scroll to the bottom and press the acceptance button to take you to the page where you may download the Help file, collateral and iFidelity software.

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Platforms: Windows NT/2000/2003//XP, AIX, LINUX

Product: iFidelity, iFidelity Gateway

Before downloading the Midas software, Help file or examples, you must read the legal agreement below and click "I Accept the Terms of this Agreement" below. In addition, in order to run any of the examples or use Midas in any way you must have a valid license file, which may be obtained only from Genii Software Ltd. at Sales@GeniiSoft.com.

IMPORTANT - READ CAREFULLY: By exercising your rights to make and use copies of the SOFTWARE (as may be provided for below), you agree to be bound by the terms of this Genii Software License Agreement. If you do not agree to the terms of this Agreement, promptly delete the license file from all systems and notify Genii Software. License fees are non-refundable.

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GENII SOFTWARE LICENSE AGREEMENT

iFidelity and iFidelity Gateway for Windows NT/2000/2003/XP, AIX, Linux

IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MAY NOT DOWNLOAD THIS SOFTWARE.

This Agreement is between Genii Software Ltd., headquartered at 1401 Prospect Ave E, Suite 515, Cleveland, Ohio 44115 U.S.A. ("Genii" or "Genii Software"), and you, the person or entity downloading and/or using the SOFTWARE referenced above. This Agreement sets forth terms and conditions applicable to your use of this Software.

1. DEFINITIONS:

a. SERVER LICENSE. A "server", for iFidelity licensing purposes, refers to an IBM Lotus Domino server which may be used for applications or mail routing.

c. LICENSE HEADCOUNT refers to licensed servers. Each IBM Lotus Domino server which uses the software must be licensed separately, or as part of a bundled license agreement. Usage for licensing purposes is NOT based on simultaneous use.

d. LICENSEE COMPANY. This is the company for whom the license is intended, whether the licensee purchases the license directly or has it purchased by an intermediate, reseller or business partner.

2. GRANT OF LICENSE. Genii Software Ltd. grants the LICENSEE COMPANY the right to use the enclosed software in the manner provided below:

a. You may use and distribute a limited number of copies of the software product identified above, which includes "on-line" or electronic documents (the "SOFTWARE"), so long as all copies are exclusively for use in and by employees, contract employees or partners of the LICENSEE COMPANY, and so long as the license headcount for Domino servers is not exceeded. The SOFTWARE is in "use" when it is loaded into temporary memory (i.e., RAM) or when it is installed into permanent memory (e.g., hard disk, CD-ROM or other storage device). The SOFTWARE may not be used by employees, contract employees or partners of the LICENSEE COMPANY as part of any separate venture or company. The SOFTWARE may not be installed or used on computers not owned, leased or otherwise controlled by the LICENSEE COMPANY. It is the responsibility of the LICENSEE COMPANY to ensure that license levels are maintained through the accurate tracking of server headcounts.

b. All copies and distributions of the SOFTWARE must be for internal use only, and not republished or distributed beyond the LICENSEE COMPANY's premises. If a consulting organization does work for the LICENSEE COMPANY using the LICENSEE COMPANY's id files, they may be considered as employees of the LICENSEE COMPANY. If a consulting organization does work for the LICENSEE COMPANY and needs to do work using its own id files, a separate development license should be obtained.

c. A iFidelity evaluation license allows use for evaluation, testing and demonstration purposes only on no more than two (2) Domino servers. This license may not be used on production systems except in the case of limited duration pilots or active testing and evaluation (when servers are used for both production and development use). The license headcount is controlled simply by agreement when issued as part of a production license or evaluation license. If this SDK license is used by chance or intent for any production use, a production license must be purchased consistent with the use, even if no further use is intended.

d. The Enterprise License allows use and distribution of the SOFTWARE on Domino servers within the LICENSEE COMPANY. Accurate server headcounts need not be maintained, except that the maximum size of the company and its total server headcounts must not exceed the stated Enterprise license maximums. For corporate entities, parent companies, affiliates and subsidiaries are NOT considered part of the LICENSEE COMPANY, and thus not licensed by the Enterprise license, unless it is so indicated when the license is granted. For government agencies, each agency or department is considered a separate Enterprise, so separate Departments and Agencies are not licensed by the single Enterprise license. Enterprise licenses may require a signed agreement, and are available only at the discretion of Genii Software Ltd.

3. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the SOFTWARE, license files, user documentation, Sample Formulas and Sample Databases are owned by Genii Software Ltd. and are protected by United States intellectual property laws (including patent, trademark and copyright laws), other applicable intellectual property laws, and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material, except that you make may copies of the electronic portions of the SOFTWARE (on-line documentation and DLL's, but not installation program) for distribution within your company, within the parameters of the license headcount of your specific license(s). Genii Software Ltd. retains all rights not expressly granted.

4. OTHER RESTRICTIONS. You may not rent, lease, license or subliense the SOFTWARE, nor transfer the SOFTWARE on a permanent basis unless the transferee is a subsequent owner of your company (as in the case of a merger or acquisition). You may not alter, merge, modify or adapt the SOFTWARE in any way, and specifically may not reverse engineer, disassemble or decompile the SOFTWARE. If by any method or chance you should find, see or obtain any part or portion of the source code for the SOFTWARE, you must immediately destroy all copies of the source code and may not use or reveal any of such source code to any other party.

5. REDISTRIBUTABLE COMPONENTS.

a. Sample Formulas and Sample Databases. Notwithstanding Section 1, Genii grants you the right to use and modify the Sample Formulas or Sample databases available in the on-line documentation or on the Genii Software web site, provided you comply with Section 5.b and provided that the Help About document for the specific sample does not explicit restrict such use. You may not distribute the Sample Formulas and Sample Databases themselves, or any portion thereof, unless you comply with Section 5.b, and unless you include this license agreement along with the distribution.

b. Redistribution Requirements. If you redistribute the REDISTRIBUTABLE COMPONENTS, you must: (I) distribute the formulas only for use by the SOFTWARE specified above; (ii) include a clear statement that the formulas are for use by the product named above; (iii) include a valid copyright notice on your product (application or database); (iv) agree to indemnify, hold harmless, and defend Genii Software Ltd. from and against any claims or lawsuits, including attorney's fees, that arise or result from the use or distribution of your software application product; and (v) agree to include such requirements on all subsequent redistributions of your software application product.

6. MAINTENANCE AND UPGRADES PLAN

a. The Maintenance and Upgrades plan is only available if chosen and paid for with original purchase of licenses for the SOFTWARE, and only remains in effect so long as annual payments are made in a timely manner. Genii Software reserves the right to cancel or modify the terms and conditions of the Maintenance and Upgrades Plan as necessary, and will notify those currently on the plan within a reasonable period.
b. The Maintenance and Upgrades Plan provides free support and technical assistance, as well as assistance in resolving technical issues with the SOFTWARE, so long as such requests for support or assistance are made by a member of the IT Support staff for the LICENSEE COMPANY, and so long as a reasonable and business appropriate effort is made by the LICENSEE COMPANY to resolve issues before contacting the Genii Software support staff. Support and technical assistance will generally by limited to assistance with the SOFTWARE itself and configuration of the Domino server to utilize the SOFTWARE appropriately.

c. The Maintenance and Upgrades plan provides for free upgrades to new minor and major versions of the SOFTWARE upon request, so long as the Maintenance and Upgrades Plan is in effect and has been paid for in a timely and reasonable manner. No attempt will be made to get free upgrades to minor or major versions after the Maintenance and Upgrades Plan has lapsed. Minor version upgrades will be available for download from the Genii Software website for those on the Maintenance and Upgrades Plan. Major upgrades will require a new license be generated, which will be done upon request by the LICENSEE COMPANY and will be sent as soon as reasonably possible.

LIMITED WARRANTY. The SOFTWARE is provided wholly "AS IS" without warranty, representation, promise or guarantee of any kind, either express or implied, statutory or otherwise, including warranties as to quality, performance, merchantability, or fitness for a particular purpose, or any warranty against infringement. Your use of the SOFTWARE is entirely at your own risk.

Except as specifically provided herein, Genii makes no warranty, representation, promise or guarantee, either express or implied, statutory or otherwise, with respect to the SOFTWARE, user documentation or related technical support, including their quality, performance, merchantability or fitness for a particular purpose.

The warranty and remedies set forth herein are exclusive and in lieu of all others, oral or written, express or implied. No Genii dealer, distributor, agent or employee is authorized to make any modification or addition to this warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state/jurisdiction to state/jursidiction.

NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Genii Software Ltd. be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use or inability to use this SOFTWARE, even if Genii has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of such liability for consequential or incidental damages, the above limitation may not apply to you.

This Agreement is governed by the laws of the State of Ohio and the laws and treaties of the United States of America.


I don't agree with the terms of the agreement and will not be downloading the software at this time.