CubePlayer
version 2.0, 2.5, 2.6,
2.7
MDX designer for BIDS
VS2010/2008
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is
a legal agreement between you
(either an individual or a single entity) and Oreus for the Oreus software product identified above, which includes
computer software and may include associated media, printed materials, and
"online" or electronic documentation ("Product"). An amendment or addendum to
this EULA may accompany the Product.
YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING,
COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR
USE THE PRODUCT; YOU MAY RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND.
In addition, by installing, copying, or otherwise using subscription
updates that you receive as part of the Product (''UPDATES''), you agree to be
bound by the additional license terms that accompany such UPDATES. If you do not
agree to the additional license terms that accompany such UPDATES, you may not
install, copy, or use such UPDATES.
1. Applicability of
License
Depending on the product level you have chosen, the Product may
consist of product documentation, sample applications, books and periodicals,
tools and utilities, miscellaneous technical information, operating systems,
development toolkits, server applications, and development tools (each, a
"COMPONENT," and collectively "COMPONENTS," of the
Product).
2. General Grant of
License
In general, for each license you have acquired for the Product, one
individual is authorized to use the Product according to the terms of this EULA.
Unless expressly stated otherwise, the Product may not be separated for use by
more than the one individual authorized to use the Product. A single product
level may have multiple licenses to use the Product associated with that level;
nonetheless, each license must be dedicated to use of the Product by one
individual.
Specifically:
a.
If you are an individual, Oreus grants to
you as an individual a personal, nonexclusive license to make and use copies of
the Product in accordance with the terms of this EULA, provided that you are the
only individual using the Product.
b.
If you are an entity, Oreus grants to you
the right to designate one individual within your organization to have the sole
right to make and use copies of the Product in accordance with the terms of this
EULA.
c.
If you are an entity and have acquired this EULA as part of a Oreus License Pack, Oreus grants to you the right to designate one individual
per license (i.e., on a one-for-one basis) within your organization to have the
sole right under each such license to make and use copies of the Product in
accordance with the terms of this EULA.
3. Effect of Licenses contained in
COMPONENTS
COMPONENTS that you receive as part of the Product may have their own
licenses (each, a "Component Agreement"). In the event of inconsistencies
between this EULA and any Component
Agreement, the terms of the Component Agreement shall control except in
the following instances:
a.
For all of the Product, Section 4 of this EULA shall control;
and
b.
For all COMPONENTS included in the CubePlayer all provisions of this EULA
shall control.
4. Additional Rights and
Limitations-General
4.1
Limitation on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or
disassemble the Product, except and only to the extent that it is expressly
permitted by applicable law notwithstanding this
limitation.
4.2
Termination. Without prejudice to any other rights, Oreus may cancel this EULA if you do not abide by the terms
and conditions of this EULA, in which case you must destroy all copies of the
Product and all of its component parts.
4.3
Consent to Use of Data. You agree that Oreus and its affiliates may collect and use technical
information you provide as a part of support services related to the Product.
Oreus agrees not to use this information in a form
that personally identifies you.
4.4
Not for Resale Software. Product identified as "Not for Resale" or
"NFR" may not be resold, transferred, or used for any purpose other than
demonstration, test, or evaluation.
4.5
Software Transfer. You may permanently transfer all of your
rights under this EULA, provided you retain no copies, you transfer all of the
Product (including all COMPONENTS, UPDATES, the media and printed materials, any
upgrades, and this EULA), you provide Oreus notice of
your name, company, and address and the name, company, and address of the person
to whom you are transferring the rights granted herein, and the recipient agrees
to the terms of this EULA. If the Product is an upgrade, any transfer must
include all prior versions of the Product. If the Product is received as part of
a subscription, any transfer must include all prior deliverables of Product and
all other subscription deliverables.
4.6
Separation of COMPONENTS. The Product is licensed as a single product.
Its COMPONENT parts may not be separated for use by more than one user (or for
use on more than one computer for CubePlayer
software).
4.7
Prerelease Code. Portions of the Product may be identified as
prerelease code ("Prerelease Code"). Such Prerelease Code is not at the level of
performance and compatibility of the final, generally available product
offering. The Prerelease Code may not operate correctly and may be substantially
modified prior to first commercial shipment. Oreus is
not obligated to make this or any later version of the Prerelease Code
commercially available. The grant of license to use Prerelease Code expires upon
availability of a commercial release of the Prerelease Code from Oreus.
4.8
Update License Terms. All UPDATES shall be considered part of the
Product and subject to the terms and conditions of this EULA. Additional license
terms may accompany UPDATES (as defined in the first paragraph of this EULA). By
installing, copying, or otherwise using any UPDATE, you agree to be bound by the
terms accompanying each such UPDATE. If you do not agree to the additional
license terms accompanying such UPDATES, do not install, copy, or otherwise use
such UPDATES.
5. Licenses Applicable to
CubePlayer
5.1
General. Oreus grants you, a personal,
nonexclusive license to make and use the purchased number of copies of each of
the software programs contained in the COMPONENTS included in the Program described
in the heading to this subsection for the general business purposes of using the
product(s).
5.2 CubePlayer - Additional Rights and
Restrictions
a.
Documentation. For the CubePlayer, Oreus grants you a worldwide, nonexclusive, nontransferable,
royalty-free right to make, use, and install an unlimited number of copies of
the CubePlayer solely for
internal use by an unlimited number of end users so long as: (i) such end
users are persons who are generally granted access to your internal network;
(ii) such copies shall be used
only for internal purposes and are not to be republished or distributed (either
in hard copy or electronic form) beyond your premises; and: (iii) you may use documentation
identified in the CubePlayer as
the file format specification for CubePlayer Viewer ("File Format
Documentation") solely in connection with your development of software
product(s) that operate in conjunction with various versions of Windows
operating system.
Note:
A product that includes limited word-processing, spreadsheet,
database, or presentation graphics components along with other components that
provide significant and primary value, such as an accounting product with
limited spreadsheet capability, is not considered to be a "general-purpose"
product. For licensing terms relating to use of the File Format Documentation
for purposes other than the use described above, please contact Oreus.
b.
Sample Code included in CubePlayer (collectively, "CubePlayer
Sample Code"). Provided that you comply with the terms of Section 8, Oreus grants
you the following nonexclusive, royalty-free rights: (a) to use and modify the source code
version of, and reproduce and distribute the object code version of, those
portions of the CubePlayer Sample
Code identified as sample code within the documentation and/or in the
"sample code" directory (exclusive of .dll files); and
(b) to reproduce and distribute
the object code version of the .dll files included as
part of the Library Sample Code, solely in conjunction with a software product
developed by you that adds primary and significant functionality to the
CubePlayer Sample Code.
6. Distribution Requirements
If you choose to redistribute the CubePlayer Sample Code with a software
product developed by you as described in this EULA (an "Application"), you agree
to (a) not permit further
redistribution of the CubePlayer Sample Code by your end-user customers; (b) not use Oreus's name, logo, or trademarks to market your
Application; (c) include a valid
copyright notice on your Application; (d) indemnify, hold harmless, and
defend Oreus from and against any claims or lawsuits,
including attorney's fees, that arise or result from the use or distribution of
your application; (e) include
"Copyright <year> Oreus d.o.o., Zagreb, Croatia"
in all Oreus code used within your program(s); (f) otherwise comply with the terms of
this EULA; and (g) that Oreus reserves all rights not expressly granted.
Notwithstanding subsection 8(a), above, you may permit further redistribution of
the Redistributable Code by your
distributors to your end-user customers if your distributors only distribute the
Redistributable Code in conjunction with, and as part of, your Application and
you and your distributors comply with all other terms of this
EULA.
7. LIMITED WARRANTY
Oreus warrants that the Product will perform
substantially in accordance with the accompanying materials for a period of 90
days from the date of receipt.
If an implied warranty or condition is created by your
state/jurisdiction and federal or state/provincial law prohibits disclaimer of
it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS
DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY
DEFECTS DISCOVERED AFTER THE NINETY (90)-DAY PERIOD, THERE IS NO WARRANTY OR
CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how
long an implied warranty or condition lasts, so the above limitation may not
apply to you.
Any supplements or updates to the Product, including without
limitation, any (if any) service packs or hot fixes provided to you after the
expiration of the ninety-day Limited Warranty period are not covered by any
warranty or condition, express, implied, or statutory.
8. LIMITATION ON REMEDIES; NO CONSEQUENTIAL
OR OTHER DAMAGES
Your exclusive remedy for any breach of this Limited Warranty is as
set forth below. Except for any refund elected by Oreus, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT
NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Product does not meet Oreus's Limited Warranty, and, to the maximum extent allowed
by applicable law, even if any remedy fails of its essential purpose. The terms
of Section 11 below ("Exclusion of Incidental, Consequential, and Certain Other
Damages") are also incorporated into this Limited Warranty. Some
states/jurisdictions do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation or exclusion may not apply to
you. This Limited Warranty gives you specific legal rights. You may have others
which vary from state/jurisdiction to state/jurisdiction. YOUR
EXCLUSIVE REMEDY.
Oreus's and its suppliers' entire liability and your
exclusive remedy shall be, at Oreus's option from time
to time exercised subject to applicable law, (a) return of the price paid (if
any) for the Product, or (b) repair or replacement of the Product, that does not
meet this Limited Warranty and that is returned to Oreus with a copy of your receipt. You will receive the
remedy elected by Oreus without charge, except that
you are responsible for any expenses you may incur (e.g. cost of shipping the
Product to Oreus). This Limited Warranty is void if
failure of the Product has resulted from accident, abuse, misapplication,
abnormal use, or a virus. Any replacement Product will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is
longer. Outside the
9. DISCLAIMER OF
WARRANTIES
The Limited Warranty that appears above is the only express warranty
made to you and is provided inlieu of any other
express warranties (if any) created by any documentation or packaging. Except
for the Limited Warranty and to the maximum extent permitted by applicable law,
Oreus and its suppliers provide the Product and
Support Services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all
other warranties and conditions, either express, implied, or statutory,
including, but not limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular purpose, of accuracy
or completeness of responses, of results, of workmanlike effort, of lack of
viruses, and of lack of negligence, all with regard to the Product, and the
provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY
OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO
DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE
PRODUCT.
10. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL,
AND CERTAIN OTHER DAMAGES
To the maximum extent permitted by applicable law, in no event shall
Oreus or its suppliers be liable for any special,
incidental, indirect, or consequential damages whatsoever (including, but not
limited to, damages for loss of profits or confidential or other information,
for business interruption, for personal injury, for loss of privacy, for failure
to meet any duty including of good faith or of reasonable care, for negligence,
and for any other pecuniary or other loss whatsoever) arising out of or in any
way related to the use of or inability to use the PRODUCT, the provision of or
failure to provide Support Services, or otherwise under or in connection with
any provision of this EULA, even in the event of the fault, tort (including
negligence), strict liability, breach of contract, or breach of warranty of
Oreus or any supplier, and even if Oreus or any supplier has been advised of the possibility of
such damages.
11. LIMITATION OF LIABILITY AND
REMEDIES
Notwithstanding any damages that you might incur for any reason
whatsoever (including, without limitation, all damages referenced above and all
direct or general damages), the entire liability of Oreus and any of its suppliers under any provision of this
EULA and your exclusive remedy for all of the foregoing (except for any remedy
of repair or replacement elected by Oreus with respect
to any breach of the Limited Warranty) shall be limited to the greater of the
amount actually paid by you for the Product or U.S. $5.00. The foregoing
limitations, exclusions, and disclaimers (including Sections 9, 10, and 11
above) shall apply to the maximum extent permitted by applicable law, even if
any remedy fails its essential purpose.
12. APPLICABLE LAW
If you acquired this Product in the
13. ENTIRE
AGREEMENT
This EULA (including any addendum or amendment to this EULA which is
included with the Product) are the entire agreement between you and Oreus relating to the Product and the Support Services (if
any) and they supersede all prior or contemporaneous oral or written
communications, proposals, and representations with respect to the Product or
any other subject matter covered by this EULA. To the extent the terms of any
Oreus policies or programs for Support Services
conflict with the terms of this EULA, the terms of this EULA shall
control.
14. Copyright
The Product is protected by copyright and other intellectual property
laws and treaties. Oreus or its suppliers own the
title, copyright, and other intellectual property rights in the Product. The
Product is licensed, not sold.