AVS 2.1.1

Advanced Versioning System, License Agreement

1. Definition

- "SOFTWARE" refers to "Advanced Versioning System" as an indivisible set of binary files.

- "COMMUNITY" refers to the SOFTWARE running without license.

- "CUSTOMERS" refers to users using the SOFTWARE in its COMMUNITY version or with a valid commercial license.

- "COMPANY" refers to the SOFWARE owner - Pierre Meyer.

Advanced Versioning System, License Agreement

1. Definition

- "SOFTWARE" refers to "Advanced Versioning System" as an indivisible set of binary files.

- "COMMUNITY" refers to the SOFTWARE running without license.

- "CUSTOMERS" refers to users using the SOFTWARE in its COMMUNITY version or with a valid commercial license.

- "COMPANY" refers to the SOFWARE owner - Pierre Meyer.

- "PLATFORM" refers to a computer and its operating system, on which either the SOFTWARE server or client is running.

- “INSTANCE” refers to the SOFTWARE server runtime process.

2. Distribution

- The SOFTWARE is distributed exclusively through electronic file transfer over internet from the COMPANY web site.

- The SOFTARE documentation is included within the SOFTWARE distribution, and can be copied and distributed without limitation, provided all copyrights and legal mentions are kept as in the original.

- No license is distributed with the SOFTWARE, running by default in the COMMUNITY mode.

- In the Windows distribution, the SOFTWARE is bundled with SUN's Java Runtime Environment 1.5.0_09 which is just copied - not installed.

- The SOFTWARE may be freely distributed, with exceptions noted below, provided the distribution package is not modified in any way.

a. No person or company may distribute separate parts of the package without written permission of the copyright owner.

b. The SOFTWARE may not be distributed inside of any other software package without written permission of the copyright owner.

c. Hacks/cracks, keys or key generators may not be included on the same distribution.

3. Rights

- All Copyrights to the SOFTWARE are exclusively owned by the COMPANY.

- CUSTOMERS can use the SOFTWARE for commercial use, whether using a valid license, or in the COMMUNITY version.

- None of the parties will be able to sell, transfer, assign, delegate or subcontract any of the rights and obligations described in the license agreement without prior written consent from the other party, unless selling or transferring to only one entity the whole or most of its business.

- No one is allowed to emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the SOFTWARE, except as provided for in this agreement. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

4. Limitations

- Without any license, the SOFTWARE runs in its COMMUNITY version, with some functional limitations, introduced with version 2.1.1. Upgrading from an older fully unlimited version to version 2.1.1 or higher implies some new functional limitations, listed as follows, and rollback is not possible once upgrade is done. By accepting this license agreement, CUSTOMERS accept all the risks implied by this upgrade.

a. COMMUNITY version of the SOFTWARE does not allow creating server script. However, previous existing scripts keep on working.

b. COMMUNITY version of the SOFTWARE does not allow change request query result export in CSV format.

c. COMMUNITY version of the SOFTWARE does not allow creating more than 2 change request life cycles, however previous life cycles can still be used.

- THE SOFTWARE IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. NEITHER THE AUTHOR NOR THE AGENTS OF THE AUTHOR WILL BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF DATA, PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.

- CUSTOMERS cannot expect the SOFTWARE to be robust to all kind of system or hardware crash that can occur. In particular, CUSTOMERS are responsible for making periodic backup of all the files stored within the SOFTWARE to avoid data loss in general.

5. License

- Licenses are linked to a unique server through its MAC address, and cannot be used for another server.

- Licenses are sent exclusively by email, once the license request form available on the COMPANY web site is submitted, and the payment done through Paypal is granted. Licenses are sent at most 2 business days after both the form and the payment are received.

- All licenses are per server INSTANCE, no matter how many real or virtual processes the server host embeds. A license cannot be used to activate more than one server INSTANCE.

- A license is dedicated to a major release and will not activate a newer major release of the SOFTWARE.

- Whenever the CUSTOMERS changes the PLATFORM hardware on which the SOFTWARE is installed, implying a MAC address change, the COMPANY will send a new license for free, granting the same level of functionality as previously. In such a case, the CUSTOMER must remove the SOFTWARE from the previous PLATFORM where the SOFTWARE was installed.

- Whenever the CUSTOMER only upgrades the network card of an existing PLATFORM on which the SOFTWARE is installed, implying a MAC address change, the COMPANY will send a new license for free, granting the same level of functionality as previously.

- License pricing includes one year maintenance support.

- Licensed CUSTOMERS will afford one year maintenance support renewal for 20% its public price, unless their current maintenance period has expired from more than 15 days. The COMPANY will inform CUSTOMERS 10 days before this deadline by email exclusively.

- The CUSTOMER is responsible for maintaining a valid email contact within his company, and a valid mail address in order to proceed with the exchange of the signed copy of this license agreement.

- Within a valid maintenance period, licensed CUSTOMERS will be able to purchase major upgrades at 30% the basic price.

6. Support/Maintenance

- Support is done exclusively by email. Support is exclusively reserved to CUSTOMERS being in a valid maintenance period.

- When CUSTOMERS request support on the SOFTWARE, the COMPANY will reply within 2 business days.

- The COMPANY maintains a list of supported PLATFORMS, which must appear clearly on the COMPANY web site.

- The COMPANY can declare a PLATFORM deprecated at any time. After a period of one year, a deprecated PLATFORM becomes unsupported.

- The COMPANY will not make any new release for a deprecated PLATFORM unless explicitly requested by the CUSTOMER within the one year deprecation period.

- The COMPANY will provide maintenance and bug fix to licensed CUSTOMERS, provided they are using the SOFTWARE on a supported PLATFORM and they comply with their obligations as stated in this license agreement.

- Once the support period, CUSTOMERS can renew their support contract at 20% the current license pricing.

- When CUSTOMERS request support for a technical issue found in the SOFTWARE, the COMPANY first reply will give workarounds if some can be found, and a schedule for bug fixing that may depend on the issue complexity.

- The COMPANY may request access to the CUSTOMER repository to analyze technical issues. The CUSTOMER will be able to transfer his repository through electronic secure transfer. If the CUSTOMER rejects such data access request, the COMPANY will not be responsible for giving a bug fix schedule, and may decide on its own choice to postpone the specific bug fix to any public release to come.

7. Confidentiality

- Whenever CUSTOMERS give access to proprietary data, the COMPANY is responsible for keeping these data confidential, and will not give any access to third parties.

- Once those data are not useful anymore to the COMPANY to fix the CUSTOMER issue, it will be permanently removed from all storage devices.

- If the COMPANY sells or transfers whole the business linked to the SOFTWARE, the new SOFTWARE owner will either accept and sign the license agreements the COMPANY signed with its CUSTOMERS, or the CUSTOMERS data currently held for bug fixing will remain reserved to the COMPANY.

8. Upgrade

- Major upgrade can be afforded at 30% the current license price, provided CUSTOMERS are in a valid maintenance period.

- Minor upgrades are free, and should always be installed by CUSTOMERS whenever available.

- Whenever issues are discovered, the COMPANY will publish them within its web site.

- CUSTOMERS are responsible for checking periodically for minor upgrades to prevent issues, whenever some are discovered.

- CUSTOMERS can subscribe to the COMPANY mailing list to get information by email whenever upgrades are available.

9. Guarantee

- The COMPANY guarantees that the CUSTOMERS have legal rights to use the SOFTWARE, and that the SOFTWARE does not break the law or any kind of intellectual property right or any other third party right.

- The COMPANY guarantees that there are no trials pending regarding any part of the SOFTWARE.

- If any trial should be opened against the COMPANY regarding the SOFTWARE, the COMPANY will provide upgrades in a way not to break the law anymore. However, if this cannot be achieved without compromising severely the SOFWARE functionalities, the COMPANY can decide to open the SOFTWARE sources if this is the only reasonable way out. In such case, the SOFTWARE will be modified in order not to use any licensing mechanism anymore.

- If COMPANY should cease its activity without selling or transferring its business, the SOFTWARE sources will be opened in the same conditions as described above.

- The SOFTWARE sources will be stored within an insurance company responsible for opening the sources in case of serious damage to the COMPANY preventing it from continuing its business.

10. Agreement

- Installing and using the SOFTWARE signifies acceptance of all the terms and conditions of this license agreement.

- This agreement should be construed following the French Law, excluding any choice of law rules.

- Both parties expressly renounce to their own Jurisdiction and submit to the Jurisdiction of the court in Grasse, France, for any kind of arbitration or dispute regarding this agreement.

- If they do not agree with the terms of this license, CUSTOMERS must remove the SOFTWARE files from your storage devices and cease to use the SOFTWARE.

- As soon as the payment is granted, the company will send by mail to the CUSTOMER a signed print copy of this license agreement, or a scanned signed copy through email, which the CUSTOMER must read carefully and return signed within the first month after the license is received. Maintenance support will be interrupted after this first month if the COMPANY does not receive the signed copy, but resume as soon as received.