9. License

9.1. Usage

The software requires a valid, up to date license in order to operate properly. Some details of the license are reminded here, but the terms that apply to you are those you signed.

Do not hesitate to contact us to request an evaluation license!

9.2. License file

The license file is a text file containing printable characters. It contains all the information quasardb daemon requires to verify the validity of your license.

The file must be accessible by each quasardb daemon instance on each node in the cluster. Other executables do not require a license file.

The license file is for your exclusive usage and may not be be given to a third party.

9.3. Expiration

The quasardb daemon will remind you of your license expiration date, if any.

When your quasardb license expires:
  1. You may continue to use quasardb.
  2. Any running qdbd daemons will function normally.
  3. Any new qdbd daemons you start will fail to boot.
  4. You are not eligible for upgrades or dedicated assistance.
  5. You may report bugs at support@quasardb.net,

Please contact your quasardb representative to renew your license.

9.4. Scope of the licensed rights

9.4.1. Software Use

Provided the Client has paid the applicable license fees, Quasardb grants the Client a non-exclusive, non-transferable right to load, store, execute and modify (only as described in the Documentation) (“Use”) the object code version of the Software specifically limited to the Licensed Configuration as indicated on the Client’s order form or purchase order (“Order”) when he purchased the Software.

No Concurrent User may use the Software as a Subscriber unless such Concurrent User is also an authorized Subscriber and vice versa. The specific conditions of use of the Software by each type of user are detailed in the Special Provisions.

9.4.2. Updates and Upgrades

Provided the Client has ordered and paid for Product Support, his Use of the Software includes Updates and Upgrades Quasardb provides to the Client.

9.4.3. Runtime programs

The Client may use Run-time Program(s) and create or alter tables or reports produced by the Software solely for the purposes of operating the Software. Run-time Programs(s) used beyond the limitations pursuant to this Agreement will violate the terms of this Agreement and the Client must cease such use immediately.

9.4.4. Back-up copies

The Client may do a reasonable number of back-up copies for his own archival purposes

9.5. Use restrictions

9.5.1. Software modification and reverse engineering

Except as expressly allowed under this Agreement, the Client may not copy (except for a reasonable number of back-up copies for his own archival purposes), alter, merge, modify, translate, adapt in any way, or prepare any derivative work of the Software.

Except as permitted by law, the Client may not reverse engineer, disassemble, decompile, or otherwise attempt to reconstruct or discover any source code (other than readily user accessible source code, if any), underlying ideas, algorithms, file formats or programming interfaces of the Software, or allow others to attempt any of the foregoing.

The Client may not loan, rent, lease, provide a service for which the Client charges a fee, license or otherwise transfer the Software or any copy thereof, to or for the benefit of a third party. The Client may not delete or change any of the proprietary rights notices of Quasardb and its suppliers appearing on the Software or Documentation and the Client agrees to reproduce all such notices on each copy he is permitted to make under this Agreement.

If you have any doubt about the legitimacy of your usage, do not hesitate to contact us.

9.5.2. Interoperability

In the event the Client needs to provide for interoperability with his own software or hardware, the Client must first contact Quasardb to receive such interoperability assistance and the Client will not reverse engineer the Software on his own.

9.6. Third party software

Run-time licenses to certain Software owned or licensed by third parties (“Third Party Software”) are necessary for the proper operation of the Software. A list of Third Party Software is available from Quasardb. The Client is solely responsible for obtaining the required licenses, sublicenses or technical support for any Third Party Software, as well as any licenses or sublicenses for the operating system or other Software necessary to operate the Client’s hardware platform.

9.7. Limitation of liability

The Software is inherently complex and may not be completely free from errors. It is the Client’s responsibility to verify the Client’s work and make backup copies. Quasardb will not be responsible for the Client’s failure to do so.

In no event will Quasardb or Quasardb’s suppliers will be liable for special, incidental, consequential or exemplary damages, suffered by any person including the Client or the Client’s clients, arising out of this agreement or out of the use of the Software or for services provided by Quasardb, including, without limitation, damages or costs relating to the loss of profits, business, goodwill, data or computer programs, even if advised of the possibility of such damages, or for any similar claim against the Client by another party. The parties agree that Quasardb’s third party suppliers will be a third party beneficiary of this Agreement.

The above exclusion of incidental and consequential damages may not be enforceable under some applicable laws, so such exclusion may not apply to the Client. Neither Quasardb nor its suppliers will be liable for direct or other damages hereunder. The Client agrees to the allocation between the Client and Quasardb of liability risk which is set forth in this section and which is not otherwise allocated or disclaimed by any other section of this agreement. In no case shall Quasardb’s liability for money damages exceed the license fees paid by the Client for the Software.

9.8. Indemnifications

Quasardb will defend, indemnify and hold the Client harmless from liability resulting from misappropriation of any trade secret or infringement of any copyright or French patent by the Software if the Client (i) notifies Quasardb within twenty (20) days of the assertion of any such claim and (ii) cooperates with Quasardb in the resolution of any such claim including permitting Quasardb to control the defense and settlement of such claims. Quasardb shall not be liable for any infringement or misappropriation claims related to (i) modification of the Software; (ii) combination of the Software with hardware or Software not supplied by Quasardb; or (iii) use of other than the most current version of the Software if the claim could have been avoided by use of such current version. Quasardb may, at its option, (i) obtain for the Client at Quasardb’s cost the continued right to Use the Software; (ii) replace or modify the Software so that it is no longer infringing but remains functionally equivalent; or (iii) terminate this Agreement, accept return of the Software and Documentation and refund to the Client the license fee paid less a reasonable amount for depreciation.

The foregoing states the Client’s sole and exclusive remedy and Quasardb’s sole and exclusive liability for any alleged infringement of any third party property rights.

9.9. Intellectual property and ownership

All ownership of and title to any intellectual property rights, including but not limited to copyrights and trade secrets, in the Software belong to Quasardb and its suppliers and are protected by French and international copyright laws, other applicable intellectual property laws, and international treaty provisions. Quasardb owns all rights not expressly granted herein.

Quasardb does not wish to receive confidential or proprietary ideas, suggestions, materials or other information. The Client acknowledges that the contents of the Support Site, including without limitation, any text, Software, music, sound, graphics, photographs, video or other material contained in the Support Site (“Content”), is protected by copyrights, trademarks, service marks, patents and other laws protecting proprietary information and trade secrets; therefore, the Client acknowledges that the Client is entitled only to use this Support Site as set forth in this Agreement, and may not copy, reproduce, distribute, publicly perform, publicly display, or otherwise create derivative works from the Content without the advance written approval of Quasardb to do so.