hamsterdb Commercial License

hamsterdb Commercial License

Version 1, May 2008
(C) Christoph Rupp

I. Introduction

This document is a license agreement ("LICENSE") between You (either 
an individual or a single entity) and Christoph Rupp ("DEVELOPER") for 
the "hamsterdb storage" product ("PRODUCT"), which includes computer software, 
its source code, associated media, printed materials, and "online" or 
electronic documentation.

The PRODUCT "hamsterdb storage" includes all wrapper libraries (i.e. for Java,
.NET and Python). 

No amendment or modification may be made to this LICENSE except in 
writing signed by You and DEVELOPER.

This LICENSE is not transferable unless You have been given the explicit 
permission from DEVELOPER to transfer it. This LICENSE also applies only 
for the major version of the PRODUCT You have aquired from DEVELOPER, including
updates and service packs for 18 months after purchase. If You use any 
later versions than what You have legally aquired from DEVELOPER
the GPL 2 license terms will take over and effectively render this 
LICENSE invalid.

When buying this PRODUCT, YOU will receive a special C header file
'serial.h'. You agree to overwrite the original 'serial.h' file with the
file You received, and You agree to recompile the hamsterdb sources with the
new header file. You further agree that you will not modify the new 'serial.h'
file unless You have the written authorization from the DEVELOPER.

The motivation of this LICENSE is to give You a commercial path to 
utilizing the PRODUCT aquired from DEVELOPER in closed source 
applications You are developing or take part in developing. It is 
also motivated by Your freedom to be able to modify the PRODUCT if 
You should want to but does not grant You the right to distribute 
those modifications in any way other than in binary form.

2. License Terms

DEVELOPER grants to You a non-exclusive, non-transferable license to 
use, copy and modify the PRODUCT only as authorized below. 

The PRODUCT and all of it's source files remain the intellectual property of 
DEVELOPER.

3. Single Developer

The PRODUCT is licensed per individual developer. You may make copies on 
more than one computer, as long as the use of the PRODUCT is always by the 
same developer. 

4. Source Code

You can modify the source files of the PRODUCT as You wish however You may 
not redistribute those modifications to anyone else other than those 
that have aquired a commercial license to the same version of the PRODUCT 
as You have. An exception to this is in compiled binary form which You 
can distribute Your components as You wish as long as You take precautions 
to that no other developer will be able to use Your work as a component 
unless he has aquired a Commercial License for the same version of the 
PRODUCT that You have made Your modifications upon.

5. Permissions and Prohibited uses

You can create any number of applications based on the version that You 
have aquired and distribute those applications as You wish without any 
restrictions. Though if You build components meant for developers or 
extending by further development then Your users must also aquire a 
valid license to use the same PRODUCT from DEVELOPER as You have 
developed Your component with.

Under no circumstances may You use the PRODUCT or its source code as the basis
for or in connection with a product that contains the same, or substantially 
the same, functionality as the PRODUCT.

You will not owe the DEVELOPER any royalties for Your distribution of
the PRODUCT in accordance with this License Agreement.

6. Termination

This License Agreement and Your right to use the PRODUCT and Modifications 
will terminate immediately without notice if You fail to comply with the 
terms and conditions of this License Agreement. Upon termination, the 
GPL 2 license terms will take over and effectively render this License 
invalid. 

7. Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DEVELOPER AND ITS 
SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR 
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, 
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD 
TO THE SOFTWARE. DEVELOPER DOES NOT GUARANTEE THAT THE OPERATION OF THE 
SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU ACKNOWLEDGE THAT IT 
IS NOT TECHNICALLY PRACTICABLE FOR DEVELOPER TO DO SO.

8. Liabilities

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 
DEVELOPER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT 
OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES 
FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS 
INFORMATION OR ANY OTHER PECUNIARY LAW) ARISING OUT OF THE USE OF OR 
INABILITY TO USE THE SOFTWARE, EVEN IF DEVELOPER HAS BEEN ADVISED OF 
THE POSSIBILITY OF SUCH DAMAGES. 

9. Concluding provisions 

German law applies to the legal relationship between DEVELOPER and You as 
well as to the respective terms and conditions. Place of jurisdiction for 
both parties is - in so far as permitted by law - Munich (Germany). If You 
are a consumer and are not resident in the European Union, Munich is also 
the place of jurisdiction. In dealings with consumers in the European Union, 
the law at the residence of the end user may also apply if mandatory provisions 
under consumer law are concerned. 

You have no right of offset unless the claim is not in dispute or has been 
determined with legal effect by a court of law. If You are a businessman 
within the meaning of the Commercial Code or a body under public law, then 
the place of fulfilment for deliveries and payments and the place of 
jurisdiction are Munich.

10. Severability

If any part of these Terms of Service is held to be invalid or unenforceable 
under any applicable statute or rule of law, the unenforceable part shall be 
given effect to the greatest extent possible and the remainder will remain 
in full force and effect.