Fusion Reactor Plugin - Software License

Development License
(Pertains to: Starter Pack)

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING THIS SOFTWARE. BY USING THIS SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THIS SOFTWARE AND PROMPTLY DESTROY ANY COPIES YOU HAVE OF IT.

The computer software provided (the Fusion Reactor plugin, Core File and associated materials), is licensed, not sold, to you by Digital Fusion Ltd (Digital Fusion) for use only under the terms of this License. Digital Fusion retains ownership of the Software itself, and reserves any rights not expressly granted to you.

1. License.

Digital Fusion Ltd grants you, the licensee the following rights under this License Agreement:

(a) A non-exclusive, non-transferable license to use the Fusion Reactor on your own computers for Development Purposes. Such use is subject to the following:

i. To 'use' the Software means that the Software is either loaded in the temporary memory (i.e., RAM) of a computer or installed on the permanent memory of a computer (i.e., hard disk, etc.).
ii. 'Development purposes' are defined as the activities necessary to implement the Fusion Reactor Plugin into FileMaker database software you are developing.
iii. You may also use the Fusion Reactor plugin in any FileMaker database solution that directly supports your development activities such as a Project Management solution.
iv. There is no limit on the number of development computers you may install the software on, provided each machine is owned by you the Licensee, and located in your premises.

(b) The right to make copies of the Software in machine readable form solely for backup purposes. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Digital Fusion Ltd.

(c) The right to purchase Deployment licenses for the plugin for distribution with your solution. The Development license does not allow you to deploy the plugin in a production system, either in-house, or with a vertical solution, or to clients you are developing for. Deployment licenses are obtained from the fusionplugins.com web site.

(d) The right to obtain free of charge, a Trial Deployment license code for distribution with a free trial or demo version of your solution, subject to the terms and conditions set forth herein:

The following conditions apply to this distribution right:

i. You must enable the plugin with a function call that passes your Developer Trial Deployment Code to the plugin each time the solution is opened.
ii. The Deployment Code must be obfuscated to prevent re-use in other solutions by your trial users, without proper licensing. You must apply the 'Remove admin access from files permanently' option provided in the FileMaker Pro Advanced Developer Utilities Options to the file that enables the plugin at runtime. Such trial software must have little or no commercial value due to trial mode limitations.
iii. You must obtain a separate Trial Deployment License code for each solution you distribute the plugin with. Solutions can be registered and Trial Deployment License codes obtained from the fusionplugins.com web site.

2. Restrictions.

The Fusion Reactor Software contains trade secrets and a lot of hard work: therefore your use of the Software is subject to the following conditions:

(a) The Fusion Reactor Toolbox and example code developed by Digital Fusion may be copied and adapted for use only in FileMaker solutions incorporating the Fusion Reactor plugin.

(b) The Core Database may also contain third-party software subject to its own licensing; such licenses have been reproduced as required within the code where applicable.

(c) Except as permitted by (a) and (b), you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Termination.

This License will terminate immediately without notice from Digital Fusion or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 4 and 5 will survive any termination.

4. Limited Warranty.

Digital Fusion Ltd warrants for a period of ninety (90) days from your date of purchase that the Software as provided by Digital Fusion Ltd will substantially conform to Digital Fusion Ltd's published specifications for the Software. Digital Fusion Ltd's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Digital Fusion Ltd's option, refund of the purchase price or repair and replacement of the Software.

DIGITAL FUSION LTD AND ITS LICENSERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS.

5. Limitation of Remedies and Damages.

In no event will Digital Fusion Ltd or any of the licensers, directors, officers, employees or affiliates of any of the foregoing be liable to you for any consequential, incidental, indirect or special damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information and the like), whether foreseeable or unforeseeable, arising out of the use of or inability to use the Software or accompanying written materials, regardless of the basis of the claim and even if Digital Fusion Ltd or a Digital Fusion Ltd representative has been advised of the possibility of such damage.