The following is the License Agreement that accompanies the setup of GeneXus Server.
Conditions of Use
1. The object of this agreement is the intellectual property license of the GeneXus Server copies. GeneXus Server is a tool that enables and facilitates the integration and collaboration of teams working on software development using GeneXus.
2. GeneXus S.A. (hereinafter the Manufacturer) states and the CUSTOMER acknowledges that GeneXus Server intellectual creation as well as GeneXus Server, GXserver, GeneXus, GXflow, GXplorer, GXportal, GXquery, and K2B names and logo and any other trademark introduced by the Manufacturer in connection with GeneXus Server, regardless of them being registered or not, are the property of the Manufacturer. This agreement does not entail any direct or indirect transference of this property and does not entitle the CUSTOMER to transfer the licenses which are the object hereof.
3. The CUSTOMER binds itself not to disclose or use for its own benefit any of the ideas and techniques that make GeneXus Server possible. Specifically, it binds itself not to use reverse engineering processes to interpret its code or help others to do so.
4. In no case shall the CUSTOMER duplicate or deactivate the protection mechanisms against GeneXus Server unauthorized use. The Manufacturer shall be entitled to change these mechanisms and/or add new ones at any time.
5. In consideration of the foregoing provisions, The Manufacturer grants the CUSTOMER the license to use the GeneXus Server tool.
6. This license agreement is entered into with the following conditions:
Each licensed copy shall operate in a separate physical or virtual machine, and thus shall be installed in a single instance of the Microsoft Windows operating system. The CUSTOMER binds itself not to use any copy in more than one physical or virtual machine at the same time. In addition, each installed copy shall operate only once at the same time. The CUSTOMER binds itself not to use any installed copy more than once at the same time.
This license is non-exclusive and nontransferable.
The CUSTOMER shall use all programs and manuals integrating GeneXus Server for its exclusive use, and it binds itself not to deliver copies of any of them to third parties, and not to sell, rent, or in any way allow the use of its installed copy by third parties.
7. The CUSTOMER binds itself to use GeneXus Server following the instructions and specifications appearing on the available materials, as well as through the assistance of duly trained staff.
8. This Intellectual Property Rights license will be valid only if the CUSTOMER has paid the price thereof to the Manufacturer or to the Authorized Distributor in the CUSTOMER´s territory. The CUSTOMER binds itself to prove that it has made this payment at any time this is requested. The Manufacturer shall be entitled to deliver temporary activation keys until it receives the payment of the license price.
9. Annual fee for version updates and technical support. The CUSTOMER shall make an annual payment for this concept, amounting to 20% of the license price currently in force, for each licensed copy. This charge shall be paid, for each copy, one year after the license date. The first 12 months are covered by a guarantee. This charge is indivisible and shall be paid for all licensed copies, regardless of whether these copies were received regular or special prices. This service does likewise include the right to the technical support required to answer questions or solve problems in the operation of the licensed copy.
This support shall be preferably provided via e-mail or Web. Guarantees will not be enforceable if the previously contracted licenses are not up to date with the annual charge payment. Those CUSTOMERS who are not under this system may join it at any time, with a previous payment of 40% of the license prices currently in force. This amount shall be paid each year in advance.
For those CUSTOMERS who have all copies in a regular situation, the CUSTOMER and the Manufacturer agree to the following:
a) The CUSTOMER should have completed and passed the training provided by the Manufacturer and/or AUTHORIZED DISTRIBUTOR,
b) The Manufacturer shall give them free of charge the new released versions and/or upgrades of each licensed copy.
c) The Manufacturer guarantees that GeneXus Server operates substantially in agreement with the technical documentation delivered with it and binds itself to use its best efforts for the correction of errors that may be detected. To request this support, the CUSTOMER must be always using the last released version of each one of the licensed copies.
d) GeneXus Server possible errors detected by the CUSTOMER shall be thereupon communicated to the Manufacturer or to the DISTRIBUTOR, in writing, as clearly and minutely as possible. To these effects, provided the above mentioned provisions are duly complied with, the Manufacturer and/or the AUTHORIZED DISTRIBUTOR in the territory shall provide the CUSTOMER with the required support to investigate these possible errors, free of charge.
e) It is expressly provided that the Manufacturer´s responsibility shall be limited to the correction of the mentioned errors and the Manufacturer shall incur no responsibility, either implicit nor explicit, for possible damages sustained by users, directly or indirectly related with the use of GeneXus Server.
10. The GeneXus Server copies that are the object of this agreement shall be used exclusively by the CUSTOMER and within the territory of the country where they were contracted.
11. Should the AUTHORIZED DISTRIBUTOR of a specific territory stop being so for any reason whatsoever, the Manufacturer shall resume the corresponding rights and obligations that it shall be entitled to exercise directly or through the appointment of a new AUTHORIZED DISTRIBUTOR.
12. The installation of the license implies the acceptance of the foregoing provisions.