This software product, including it's program code, source code, screen and visual representations, and documentation are copyrighted by David Gewirtz under license to Component Enterprises, Inc. of Rocky Hill, NJ. This product is intended for use by the original purchaser only and for use on one computer system at a time. Under the copyright laws, this product may not be copied, in whole or in part, without the written consent of Component Enterprises, Inc. As a sole exception, you may make reasonable and normal backup copies of the disk software for your own use. Under the law, copying includes placing the software on a server and translating into other languages. FileFlex and The Relational Database Inside are trademarks of David Gewirtz under license to Component Enterprises, Inc. All other trademarks acknowledged.
The following sections apply to customers of FileFlex 3 who wish to distribute the FileFlex engine within their software.
You are licensed to run FileFlex on one personal computer per copy of FileFlex 3 purchased. If you are developing software using FileFlex, you must own a licensed product, latest release. If you have more than one developer building software using FileFlex, each must have a purchased copy of the FileFlex product, latest release.
If you intend to distribute (in any way, including but not limited to internally within your organization, for profit in a consumer product, as a shareware product, or giving it away) any product or program containing FileFlex 3, you must return the FileFlex runtime license agreement. Your license fee has been included in the purchase price of the product. No further fee will be required.
Distributing FileFlex To/Through Clients
If you are a consultant and you are distributing a finished product to clients that is to contain the full FileFlex 3 engine, you must license the FileFlex 3 engine as described in the previous paragraph or your clients must own a copy of FileFlex for each machine they intend to run the software on.
If you are developing software that uses FileFlex that your client intends to distribute, your Client must purchase (if they don't already own) a full copy of FileFlex 3 and then license the FileFlex engine for the program in their name. Your client must purchase the same version of FileFlex as is being distributed (in other words, if they're intended to distribute the multi-user version of FileFlex, they must purchase the FileFlex multi-user edition).
Signing the License Agreement
There is a license form at the end of this online manual. Fill this form out and mail it back to Component with the signature of an authorized party. You must complete and return the form to Component Enterprises, Inc., and receive a signed copy back, before you may begin distribution.
If you distribute your product containing FileFlex before recieving back a signed license agreement from Component, you are liable for the full list price of FileFlex (of the appropriate edition, for example the single user edition costs $295, multi-user is $495) for EACH COPY DISTRIBUTED, plus a penalty fee of One Hundred US Dollars (US$100) for EACH COPY DISTRIBUTED until such time as Component has approved and executed a signed license. No penalty fees will be returned. Component reserves the right to withhold licensing and, in that case, you will be required to stop distributing FileFlex. In other words, don't distribute FileFlex unless you have a license.
Terms and Conditions
The following terms apply to users of FileFlex 3. For the purpose of this document, the term "program" shall mean the thing you've developed for distribution, whether it might also be called a production, product, program, application, creation, or something else.
This license is non-exclusive and non-transferable and grants the Licensee the right to distribute the FileFlex resources in the product named in the Distribution License, provide the following terms are complied with.
Display of Copyright and Trademark
The following must be displayed to users of your program:
This program uses certain copyrighted resources from FileFlex which are included under license from Component Enterprises, Inc. of Rocky Hill, NJ. The FileFlex resources may not be removed from this program for any reason and may not be modified. Component Enterprises makes no warranty of any kind to users of this program regarding FileFlex.
FileFlex ©1992-98 by David Gewirtz. All rights reserved. FileFlex is a trademark of David Gewirtz under license to Component Enterprises.
The above notice must be displayed in a prominent location in Licensee's product on a title screen, an about box, or other similar location. It also must be displayed prominently in the documentation. Further, any place your copyright notice is displayed (like, for example, on a product package), the copyright notice above (second paragraph only) must be displayed with it.
The first occurance of any mention of FileFlex in each of Licensee's program, literature, or advertising must include a trademark symbol following the word FileFlex (e.g., FileFlex™) and the following line must appear in an appropriate location on the same material:
FileFlex is a trademark of David Gewirtz under license to Component Enterprises, Inc.
You may not use the phrase "The Relational Database Inside" (a trademark of David Gewirtz under license to Component Enterprises, Inc.), the Component "plug-in module" logo (a trademark of Component Enterprises, Inc.), or any other Component trade or service marks without special written permission of Component.
The following FileFlex resources only are covered by this license when licensing the Macintosh version:
XTRA "FileFlex Engine"
The following FileFlex resources only are covered by this license when licensing the Windows version:
These are the only resources which may be distributed under the terms of this license. You may not distribute any other resources from the FileFlex product.
No documentation on the use of the licensed FileFlex resources may be provided with Licensee's program.
Licensee acknowledges the FileFlex resources are the sole property of licensor. Licensee is not granted any title whatsoever in the FileFlex resources.
Licensee agrees to indemnify and hold harmless Licensor from any and all claims made against it regarding the FileFlex resources.
No warranty of any kind is extended to Licensee's product. Licensee shall include the following in the program's warranty information or elsewhere in the program in an appropriate place:
This program includes certain resources from FileFlex. THE FILEFLEX RESOURCES ARE PROVIDED "AS IS" AND NO WARRANTY OF ANY KIND IS PROVIDED. IN NO CASE SHALL COMPONENT SOFTWARE OR DAVID GEWIRTZ BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMANGES (OR DAMAGES OF ANY SORT) IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE FILEFLEX RESOURCES.
Licensor reserves the right to refuse to license the FileFlex resources to any party at its sole discretion. Upon acceptance, Licensor will send Licensee a signed copy of the license agreement.
The effective date of a license will be the date that Licensor signs the agreement.
If Licensee breaches any of the terms of this license, Licensor may terminate this license by notifying Licensee in writing. Licensee will have 30 days from the date notice is received to correct the breach or otherwise renegotiate this license, otherwise, this license will terminate. In the event of termination, Licensor will NOT return any fees which may have been paid by Licensee.
Right to Monitor
Licensor may at any time and at its sole discretion, request a copy of Licensee's program covered by this license and/or any related manuals, literature, or advertising copy which make mention of any edition of FileFlex in order to monitor Licensee's compliance with the terms of this license. If Licensor exercises this right, any materials received will be kept in confidence and will be used solely to monitor compliance with the terms of this agreement. In no event will Licensor redistribute any materials received under this clause nor will Licensor return said materials to Licensee.
Future Versions of Licensee's Program
This license shall apply to only one Licensee program at a time. If more than one version of a program is distributed at the same time (e.g., a "Lite" version and a "Full" version) then each version will require a separate license. However, if a new version is released and the previous version discontinued, this license will continue to be valid and will apply to the new version (e.g., v1.0, v1.1, v1.2.5, etc).
Future Versions of FileFlex
This license shall apply to the version of FileFlex licensed at the Effective Date only. You may continue to distribute the licensed version of the FileFlex engine after new versions of FileFlex are released. Should you desire to distribute a newer version of FileFlex, you may be required to purchase an upgraded version of the FileFlex engine and/or execute a new or revised license agreement. THE FILEFLEX RESOURCES ARE PROVIDED TO LICENSEE "AS IS" AND NO WARRANTY OF ANY KIND IS PROVIDED. FURTHER, LICENSOR MAKES NO REPRESENTATION OR GUARANTEE OF FUTURE UPGRADES OR VERSIONS OF FILEFLEX, WHETHER TO ADD FEATURES, EXPAND COMPATIBILITY, OR FOR ANY OTHER REASON. LICENSEE RECOGNIZES AND ACCEPTS THAT IT IS LICENSING THE CURRENT VERSION OF FILEFLEX ONLY.
In the event that any portion of this license shall be rendered in a court of law as invalid, unenforceable, or illegal, all remaining portions of this agreement shall remain in effect. Governing Law: This license shall be governed in accordance with the laws of the State of New Jersey.
Licensor may amend this license from time to time as new versions of FileFlex are released. Such amendments will only apply to Licensee if Licensee chooses to incorporate the upgraded version of FileFlex into Licensee's program.
Nothing in this license shall be construed as the formation of a partnership or joint venture between the parties.
This license supercedes any and all oral or written communications between the parties and is the entire agreement between the parties.
Older FileFlex Releases
Purchasers of Director 5 were granted the right to use FileFlex 2.0 Lite at no additional charge. These users are subject to the then-current license agreement provided with FileFlex 2.0 Lite. All technical support for FileFlex 2.0 Lite is the responsibility of Macromedia. FileFlex Lite users wishing to use FileFlex 3 must purchase the full product.
Purchasers of the full, professional version of FileFlex 2.0x and earlier must license the FileFlex Runtime for their version of FileFlex, and abide by the then-current license agreement provided with the product. Those purchasers who do not wish to distribute a separate runtime version of FileFlex, including going through the extra filename encryption process, may upgrade to FileFlex 3 according to our current upgrade policies.
Discuss this chapter on the FileFlex Boards.