Valentina ADK License Agreement

This license applies to:

Valentina DB ADK
Valentina Reports ADK
Valentina DB Client
ISSUE DATE: 1202270910
Important: The information here duplicates the license agreements listed on the
the main Paradigma Software website. Each license agreement has a release number
. If there is a difference between a license agreement listed here and one on th
e website, the newest issued license is the prevailing license.
INTRODUCTION
This License Agreement ("EULA", herein also referred to as "Agreement") is a leg
al agreement between You ("YOU") and Paradigma Software, Incorporated ("PARADIGM
A"), for a Paradigma Software Product, herein referred to as Product ("PRODUCT")
which includes computer software (the Software). You are legally bound by the t
erms of this Agreement if you install, license, use, download or transmit the Pr
oduct.
Associated media, printed materials, and "online" or electronic documentation ar
e governed according to their own license.
Specific grants under this EULA are based on the specific Product covered as des
cribed by Product Name in this EULA.
If you do not agree to the terms of this EULA, do not download, install or use i
t. You agree that by downloading or otherwise using the Product in any way const
itutes your agreement with the terms of this Agreement and to be bound by its te
rms.
This EULA applies individually to the PRODUCT, but may have exceptions and speci
fic terms based on the version of the Product; if you commit an uncured breach o
f this EULA, Paradigma may treat as an uncured breach of every EULA to all Produ
cts licensed by PARADIGMA to you.
You may not transfer or sub license any rights granted under this agreement, how
ever specific versions of this PRODUCT include specific transfer rights, however
unless expressly permitted under the subsections of this agreement, transfer is
expressly prohibited.
This agreement constitutes the entire agreement between you and Paradigma in reg
ards to the rights herein and supersedes any prior agreement concerning the Prod
uct. This agreement may only be modified by being superseded by a future update
of the EULA from PARADIGMA.
DEFINITIONS
"You" or "Licensee" refers to you, either an individual or entity.
"PARADIGMA", "Paradigma Software, Incorporated" refers to Paradigma Software, In
corporated, an Oregon, USA company.
"DOCUMENTATION" refers to any user manual, both printed and electronic (file bas
ed), and other printed materials accompanying the Product.

"USE" refers to making use of the PRODUCT on a dedicated device.

"DEDICATED DEVICE" refers to a computer or other hardware that allows the PRODUC
T to function.
"PRODUCT" refers to the Paradigma Software, Incorporated product, or any portion
of the Paradigma Software, Incorporated product you license under this Agreemen
t.
"GREATER WORK" refers to an application, created by you, that provides significa
nt, original, new functionality that is substantially different from the functio
nality of PRODUCT;
"INTERNAL USE" refers to the use of the PRODUCT for use by the entity that licen
ses the PRODUCT
"COMMERCIAL USE" herein defined as your receiving any material compensation for
the use of the PRODUCT, including any direct or indirect benefit, that is otherw
ise not defined as NON COMMERCIAL USE or FREE USE.
"NON COMMERCIAL USE" herein is defined as the use of the PRODUCT in one of the f
ollowing conditions:* Use to the benefit of academic institutions (K-12, College
, University) for academic research or administrative purposes, by students, tea
chers or administrative staff;
* Use to the benefit of public museums or libraries for academic research or adm
inistrative purposes;
"FREE USE" herein is defined as use of the PRODUCT without additional cost of CO
MMERCIAL USE or ACADEMIC USE, and solely within the requirements of any FREE USE
portion of this Agreement. Specific functions of this PRODUCT may function eith
er in an unserialized version of this PRODUCT or in the event a no-cost serial c
ode is provided. You are bound under terms of this Agreement even if you are usi
ng a FREE USE version.
"SERIAL CODE" refers to a unique serial code provided by Paradigma to you to ini
tialize the Product, or to a license file. Any serial code may not be made acces
sible to any other entity through a network or by storage on a network.
"VALENTINA ADK" refers to Valentina DB ADK or Valentina Reports ADK as separate
products licensed separately from each other.
TERMS
In consideration of payment, Paradigma Software, Incorporated grants you a limit
ed, non-exclusive, license to Use of Product as defined in this Agreement, until
this Agreement is terminated.
GRANTED RIGHTS
INSTALLATION AND USE
You may install and use the Product on a single, dedicated device dedicated for
development and testing, unless otherwise allowed under the subsections of this
Agreement.

ARCHIVAL RIGHTS
You may retain an archival copy of the software only while you in good standing
with this EULA and not in breach.
USE RIGHTS
You are granted rights to use the Product provided that you meet all requirement
s of this EULA. This Product is licensed, not sold. You are granted the rights t
o USE this product on dedicated devices under the terms of this Agreement and it
s subsections.
GENERAL REQUIREMENTS AND RESTRICTIONS
SECURITY
You may only use the Product in a secure environment that protects the Product f
rom being accessed for the purpose of downloading the serialized or unserialized
executable, including any serialization files of the Product.
FALSIFIED OR FRAUDULENT INFORMATION; THEFT
If you provide Paradigma Software with falsified or fraudulent information durin
g, as a part of, or in an update to, the registration process, or for lack of co
mpliance with any provision of this Agreement, that you are in breach of this Ag
reement. You agree that, if contacted by a representative of Paradigma Software,
either in writing from Paradigma Software officers or by email (if originating
from the paradigmasoft.com or valentina-db.com domain), you will promptly confir
m or provide any registration information required. In the event the media or de
vice containing license information is stolen, you will promptly contact Paradig
ma Software of the loss and the license information covered under this Agreement
.
GENERAL LIMITATIONS ON USE OF PRODUCT
THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIR
CRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, LIFE SUP
PORT MACHINES OR OTHER EQUIPMENT IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD
TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
YOU MAY NOT REVERSE ENGINEER, DECOMPILE OR DISASSEMBLE THE PRODUCT, EXCEPT AND O
NLY TO THE EXTENT EXPRESSLY PERMITTED BY APPLICABLE LAW.
GENERAL PROVISIONS
BREACH OF CONTRACT
Any breach of any portion of this agreement automatically and immediately termin
ates any rights granted to You on the date the violation occurs, and you agree t
o: destroy or have destroyed all copies of the Product, including any archival c
opies the Product. At its sole discretion, PARADIGMA may waive a breach, but any
waiver of any one breach does not constitute a waiver of other or subsequent br

eaches. PARADIGMA is entitled to any costs or legal fees associated with bringin
g you into compliance with this Agreement, as well as any other damages awarded.
RIGHT TO MODIFY AGREEMENT; RIGHT TO PREVIOUS AGREEMENT
Paradigma Software, Incorporated reserves the right to update, modify or replace
this Agreement at any time and without any additional notice to you, when the f
ollowing is true:
1) Such update, modification or replacement of this Agreement is included in any
patch, upgrade, update version or derivative of the Product that Paradigma make
s available, and
2) you install, download, purchase or use the patch, upgrade update version or d
erivative of the Product.
You may continue to use a previously released version of Product under the EULA
associated with the Product provided there is no breach of contract under the pr
evious Agreement.
NO ATTACHED PROVISIONS
Paradigma is not bound by any provision of any purchase order, receipt, acceptan
ce, confirmation, correspondence, or otherwise, unless Paradigma specifically ag
rees to the provision in writing. You agree that any provision applied to any pu
rchase order, receipt, acceptance, confirmation, correspondence or otherwise rec
eived by Paradigma shall be void without the express written agreement of Paradi
gma.
HEADINGS
Headings and section titles in this Agreement are for organizational purposes an
d do not, in themselves, constitute any interpretive portion of this Agreement.
LIMITED RIGHT TO TRANSFER
You may not transfer the license of this Product.
SEVERABILITY
The invalidity or unenforceability of any particular provision of this Agreement
shall not affect the other provisions hereof, and this Agreement shall be const
rued in all respects as if such invalid or unenforceable provisions were omitted
.
LIABILITY
In the event that there is a risk of liability based on the claim that the Produ
ct infringes any copyright, patent, or any other intellectual property right und
er the laws and jurisdiction of the United States of America, You must promptly
contact Paradigma. Paradigma may elect to do one or more of the following: (1) P
aradigma may exchange the allegedly infringing Product with non-infringing compo
nents of equivalent functionality, at no charge to you; and (2) Paradigma may ac
quire the right for you to continue to use the Product. If Paradigma is unable t

o affect any of these remedies, Paradigma may repurchase the Product from you fo
r its original price. You agree to indemnify, hold harmless and defend Paradigma
from and against any claims or lawsuits, including attorneys' fees that arise o
r result from the use of non-Paradigma products, or any alteration of the Produc
t. In no event shall Paradigma's total liability for any damages, in connection
with the product, the product documentation, and/or this license exceed the lice
nse fees paid for Licensee's right to use this copy of the product whether such
liability arises from any claim based upon contract, warranty, tort or otherwise
. You agree to indemnify, hold harmless and defend Paradigma from and against an
y claims or lawsuits, including attorneys
fees that arise or result from your use o
f one or more components of the Software that you license under this Agreement i
n combination with non-Paradigma products, or as a result of any alteration of t
he Software by you.
THE SOFTWARE IS PROVIDED "AS IS", AND PARADIGMA IS NOT RESPONSIBLE FOR LICENSEE'
S ABILITY OR INABILITY TO USE OR INCORPORATE THE SOFTWARE FOR ANY PURPOSE BEYOND
THAT SPECIFIED IN THIS AGREEMENT. IN NO EVENT WILL PARADIGMA BE LIABLE TO LICEN
SEE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, A
RISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OR INABILITY TO USE THE SOFTW
ARE OR DOCUMENTATION, THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, OR OTHERWIS
E IN CONNECTION WITH THE SOFTWARE, THE DOCUMENTATION AND/OR THIS AGREEMENT EVEN
IF PARADIGMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Some U.S. states do not allow limitation or exclusion of incidental or consequen
tial damages, so that above limitation or exclusion may not apply to this Agreem
ent. In no event shall PARADIGMA total liability for any damages, in connection
with the Software and/or this Agreement exceed the license fees paid for License
e's right to use this Software, whether such liability arises from any claim bas
ed upon contract, warranty, tort or otherwise.
LIMITED WARRANTY
Paradigma warrants that if you purchased the Product on media provided by Paradi
gma, Paradigma warrants the media to be free of defects for a period of 30 days
after the date of purchase through any authorized venue.
EXCLUSIVE REMEDY
Your exclusive remedy is to return the Product to the place you acquired it, wit
h a copy of your receipt. You agree to any return or remedy policy required by t
he place you acquired the software. Your exclusive remedy and Paradigma and its
suppliers' entire liability arising from or in connection with the software, doc
umentation, product and/or this license (including without limitation for breach
of warranty or non-infringement) shall at the greatest be refund of license fee
s paid. IT IS EXPRESSLY UNDERSTOOD THAT ANY USE OF ANY VERSION OF THIS PRODUCT D
ESIGNATED AS FREE OR NO COST SHALL BE SOLELY AT THE RISK OF THE USER.
ALLOCATION OF RISK
Provisions of this Agreement such as the warranty limitations, exclusive remedie
s and limitations of liability are unrelated, independent allocations of risks b
etween Licensee and Paradigma. Unenforceability of any such provisions shall not
affect the enforceability of other such provisions. Paradigma's pricing reflect
s the allocations of risk contained in this Agreement.
GOVERNING LAW, COPYRIGHT RESTRICTIONS

The Product is provided with RESTRICTED RIGHTS under the laws of copyright of th
e United States. All rights not expressly granted in this Agreement are reserved
by Paradigma Software, Incorporated. Use, duplication, or disclosure by the gov
ernment is subject to restrictions set forth in subparagraph (1)(ii) of the Rights
in Technical Data and Computer Software clause at DFARS 252.227-7013, and parag
raph (c(1) and (2) of the Commercial Computer Software-Restricted Rights clause
at FAR 52.227-19. The manufacturer Paradigma Software, Incorporated, 6107 SW Mur
ray Blvd #151, Beaverton, Oregon 97008.
You acknowledge that the Software may require a license from the United States D
epartment of Commerce or other government agency before it may be taken or sent
outside the United States. You agree to obtain any required license before takin
g or sending the Software outside the United States. You will not permit the exp
ort or re-export of the Software without obtaining required licenses or letters
of further assurance. You agree to pay all taxes that may now or hereafter be im
posed, levied, or assessed with respect to the possession or use of the Software
or this Agreement. If any provision of this Agreement is unenforceable, all oth
ers will remain in effect. If any provision of this Agreement is held unenforcea
ble as written, it shall be enforced to the maximum extent allowed by applicable
law. This Agreement shall be governed by the internal laws of the State of Oreg
on and the United States, including U.S. copyright laws, and venue in the event
of any suit, proceeding or claim shall be in the Courts located in Washington Co
unty, Oregon. If you have any questions regarding this Agreement, you may contac
t Paradigma by writing Paradigma at the following address:
Paradigma Software, Incorporated 6107 SW Murray Blvd #151 Beaverton, Oregon 9700
8
YOU ACKNOWLEDGE THAT YOU UNDERSTAND THIS AGREEMENT, AND AGREE TO BE BOUND BY ITS
TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE, FINAL AND EXCL
USIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND PARADIGMA AND SUPERSEDES ANY PR
IOR AGREEMENT OR ANY OTHER COMMUNICATIONS BETWEEN PARADIGMA AND YOU RELATING TO
THE USE OF THE SOFTWARE.
SPECIFIC GRANTS BY PRODUCT
The following subsections define differences between the versions of PRODUCT.
Valentina DB Client
Valentina DB Client is a component of Valentina DB ADK that incorporates integra
tion and communication functions to communicate with a remote Valentina DB Runti
me. Valentina DB Client may be deployed by licensees of the following products i
n order to allow remote communication with the remote Valentina DB Runtime porti
on of the product:
Valentina Server;
Valentina Server /5;
Valentina Server Embedded
For the purpose of conformity with this Agreement, any termination of rights to
use any of the aforementioned products or Valentina DB ADK also terminates any r
ights to use Valentina DB Client.
Valentina ADK (either DB or Reports)
Valentina ADK allows the following rights and restrictions for use with a Greate

r Work that incorporates VALENTINA ADK (either VALENTINA DB ADK or VALENTINA REP
ORTS ADK)
Unlimited re-deployment to third party customers of a Greater Work that incorpor
ates all or portions of PRODUCT;
Redeployment requires inclusion of PARADIGMA copyright notices where your copyri
ghts are listed;
The Greater Work may not substantially duplicate or compete with the features of
any version of VALENTINA SERVER, VALENTINA ADK or VALENTINA STUDIO;
Expressly prohibited are licensing of Greater Work that violates any portion of
this Agreement; the party that owns Greater Work must also be the licensee ("you
") of this Agreement. You cannot sub-license your rights under this Agreement to
any other party.