It is no secret that license enforcement in DataEase has been very much a gentlemen's agreement.
Some time back we started sending out warnings when a license was used one more machines that it was licensed for but took no further action except in some extreme cases.
Now the time has come to take the next step in enforcing our licensing terms, so from today you will get a warning on the devices that "over use" the license with a grace period of 7 days on that device to sort things out.
If the problem was caused by a mistake or because you have moved the license from one machine to the other, the only action you need to take is to go to
My Account and block the license on the machine that you no longer use and the next time you start DataEase on your new machine the problem will disappear. This will happen even if the license has expired on this machine in the meantime.
If you don't resolve the issue the license will expire on the machines listed with the alarm clock
on the day listed i.e. it expirey at 00:00:01 on this day.
There has been a lot of mis-understandings and liberal interpreations of the DataEase Licensing terms, and we have not really helped much in clearing up these misunderstandings.
The most common one is that it is licensed pr. USER i.e. person, so you can take it with you and install/run it on any device as long as one use it oneself.
As you will see from the licensing agreement below -
DataEase is licensed pr. workstation (device in our days) so anyone can use it on that computer as long as they are the same USER i.e. account on that machine.
When installed on a multi-user environment each workstation need its own license token, and if run on a terminal server/cloud server each workstation (account) need its own license token.
The licensing terms for DataEase is listed below:
License Agreement DataEase 8.5
Copyright (c) 1981 - 2016 4ThePeople Limited
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND 4 The People Ltd (4TPL). CAREFULLY READ ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO USING THE DATAEASE SOFTWARE PROGRAMS ("SOFTWARE"). BY INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF ITS TERMS, DO NOT INSTALL THE SOFTWARE, OR DESTROY ALL COPIES OF THE SOFTWARE THAT YOU HAVE INSTALLED. IF APPLICABLE, RETURN THE PRODUCT TO THE PLACE OF PURCHASE WITHIN 15 DAYS FOR A REFUND OR CREDIT TO THE FULL PURCHASE PRICE.
You can only use this software if you are a licensed and Registered User. If you are a registered user you will have received your serial number (License Number) via mail. If you need to obtain you serial again, you will find it in your account on www.dataease.com.
Use of the software is governed by the following licence agreement:
1. Licence to Use
The Software supplied by 4TPL includes as part of its purchase price a licence fee. In consideration of payment of this fee 4TPL grants a non-exclusive and non-transferable licence ("Licence") to the original purchaser of this Product ("Licensee") for the person/s ("Registered User/s") named on the online Registration Form, which must be completed via our Website (www.dataease.com), to use the Software in accordance with the items specified in this agreement.
2. Multi-user DataEase Local Area Network (LAN)
DataEase is licenced for use by a single workstation. If it becomes part of a multi-user on a local network system then the use of DataEase by multiple users is only permitted through the purchasing of further licences equal to the maximum number of workstations using DataEase.
3. Multi-user Terminal Server and Citrix
If DataEase is used on Citrix and Terminar Server it will require a licence for each copy installed on each workstations private workspace. If installed as a single administrator copy, further DataEase licences will need to be purchased equal to the maximum number of workstations using DataEase.
4. DataEase - Evaluation Copy
Evaluation copies of DataEase should be used for evaluation purposes only and are limited to a pre-determined number of records. To overcome the record limitation or to use an Evaluation copy as a Full version, an appropriate licence for DataEase Standard or DataEase W will need to be purchased.
Software is copyrighted and title to all copies is retained by 4ThePeople Limited. Licensee shall not make copies of Software other than a single copy of Software for archival purposes. Licensee shall ensure that all proprietary rights notices on Software shall be reproduced and applied to the archival copy.
Licensee may, for its internal use only, print the number of copies of on-line documentation for which the applicable fee has been paid, in which event all proprietary rights notices on Software shall be reproduced and applied to the copies.
Software is not designed or licensed for use, and shall not be used, in on-line control equipment in a hazardous environment such as operation of nuclear facilities, aircraft navigation or control, or direct life support machines.
Licensee agrees not to modify, disassemble, decompile, decrypt, extract or otherwise reverse engineer such computer programs, software or printed circuit boards, nor may it make any copy thereof or apply any techniques to derive the trade secrets embodied therein, except as explicitly permitted by the national legislation implementing the EC Council Directive of 14 May 1991 on the legal protection of computer programs.
In particular, Licensee agrees that Licensee shall not be entitled for any purpose to transmit the program over telecommunication lines or to display the program's object code on any computer screen or to make any hard copy memory dumps of the program's object code. If Licensee believes Licensee requires information related to the interoperability of the computer programs, software or printed circuit boards to obtain such information, and Licensee agrees to request such information from Licensor.
Upon receiving such a request from Licensee, Licensor shall reasonably determine whether Licensee requires such information for a legitimate purpose, and, if so, Licensor will provide such information to Licensee within a reasonable time and on reasonable conditions.
Other than as explicitly permitted above, Licensee further agrees that Licensee will not apply any techniques to ascertain information about the Software, and Licensee agrees not to derive or to use any trade secrets embodied in the Software.
The Licensee will ensure that the same restrictions imposed on it under this section are also imposed on all users of the Software and accepts responsibility for all acts and defaults of all persons using the Software.
On purchasing the Product, Licensee acquires title to the physical packaging, including any documentation and disks. The Software itself and any copies which may be made of it (in any form and on any media) remain the property of Licensor. Licensee acquires title to Applications produced using the Software where such Applications do not in themselves contain any portion of the program code supplied with the Product. Trademarks pertaining to the Product are the property of Licensor and may not be used without Licensor's prior and written consent. Licensee may not sub-licence, "rent" or "sell" or "resell" the Product in any way in whole or part, either temporarily or permanently, except as expressly authorised by this Agreement.
Software is confidential and proprietary information of 4TPL. Licensee agrees to take adequate steps to protect Software from unauthorised disclosure or use.
Licensor warrants that the media on which Product is furnished will be free of material defects in materials and workmanship under normal use for a period of ninety (90) days from the date of purchase, as evidenced by a copy of the receipt. Otherwise, Product is provided "AS IS", without a warranty of any kind. This warranty extends only to the original Licensee.
Licensee's exclusive remedy and the entire liability of Licensor, it's distributors, and/or the owner, developer or supplier of the product under this warranty will be the correction of defects in media or replacement of the media, or, if correction or replacement is not reasonably achievable by Licensor, the refund to Licensee of the licence fee paid, upon return of Product.
9. Licensee Warranty
Licensee accepts full responsibility for all Applications created and distributed by Licensee using the Software, including the provision of all necessary documentation, technical support and maintenance (other than as normally provided by Licensor in relation to the Product if the Application user is a registered user of the Product) and Licensee shall accordingly indemnify Licensor, its distributors, and/or owner, developer and supplier of the Product against any and all claims of whatever nature in connection with Applications so created by Licensee to the maximum extent permitted by law.
10. Disclaimer of Warranty
EXCEPT AS SPECIFIED IN THIS AGREEMENT, ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT THOSE THAT MAY NOT BE LEGALLY EXCLUDED ARE HEREBY EXCLUDED.
11. Limitation of Liability
THE PRODUCT IS SUPPLIED ON AN "AS IS" BASIS AND ALL LIABILITY OF ANY KIND WHATSOEVER IN RELATION TO THE PRODUCT, LICENSOR, ITS DISTRIBUTORS, AND/OR THE OWNER, DEVELOPER AND SUPPLIER OF THE PRODUCT WHICH IS NOT EXPRESSLY STATED IN THIS AGREEMENT IS HEREBY EXCLUDED, EXCEPT FOR SUCH LIABILITY AS MAY NOT LEGALLY BE EXCLUDED, IN PARTICULAR (BUT WITHOUT LIMITATION) LICENSOR DOES NOT WARRANT THAT SOFTWARE IS ERROR FREE, OR THAT IT MEETS LICENSEE'S PARTICULAR REQUIREMENTS, OR WILL WORK IN CONJUNCTION WITH ANY THIRD PARTY SOFTWARE OR HARDWARE CONFIGURATION. NOR WILL LICENSOR, ITS DISTRIBUTORS, AND/OR THE OWNER, DEVELOPER OR SUPPLIER OF THE PRODUCT BE LIABLE FOR ANY LOST REVENUE, PROFIT, GOODWILL OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF LICENSOR, ITS DISTRIBUTORS, AND/OR THE OWNER, DEVELOPER OR SUPPLIER OF THE PRODUCT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall liability of Licensor, it's distributors, and/or owner, developer and supplier of the Product to Licensee, whether in contract, tort (including negligence of Licensor, it's distributors, and/or owner, developer and supplier of the Product or their employees), or otherwise, exceed the licence fee charged by Licensor for the Product, except in respect of liability which may not be legally excluded, even if Licensor
it's distributors, and/or owner, developer and supplier of the Product has been advised of the possibility of such damages.
This Licence is effective until terminated. Licensee may terminate this Licence at any time by destroying all copies of Software including any documentation. License is electronically monitored and DataEase software report user, usage and user environment back to Licensor. This Licence will terminate immediately without notice from Licensor if Licensee fails to comply with any provision of this Licence and Licensor will electronically disable all DataEase software that fall under the terminated license Licensor will also reserve the right to block any hardware or any user found to have failed to comply with this license. Upon termination, Licensee must destroy all copies of Software.
13. Governing Law
This Agreement is made under, shall be governed by and construed in accordance with the laws of England, except any portion of such laws that would apply any law other than the laws of England. Any dispute, controversy or claim arising under, out of, or relating to this Agreement shall be subject to the exclusive jurisdiction of the English courts.
This Agreement is the entire agreement between Licensee and Licensor relating to Software and (i) supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgment, or similar communication between the parties during the term of this Agreement.
No delay or omission of Licensor in exercising any right or remedy in whole or part shall be construed as a waiver of it, or operate so as to limit or preclude any further or other exercise of it. No modification to this Agreement will be binding, unless in writing and signed by a duly authorised representative of each party.
4ThePeople Limited, 8 High Street, Ivinghoe, LU7 9EX, United Kingdom