OPENINSIGHT WORKS SUBSCRIPTION AGREEMENT
Revelation Software, a Division of Revelation Technologies Inc., a Delaware corporation with a principal place of business at 99 Kinderkamack Road, First Floor, Westwood, NJ 07675 (“Revelation”) and , a corporation with a principal place of business at (“COMPANY”) in consideration of the mutual covenants set forth below agree as follows:
I. PURPOSE
Revelation Software is in the business of developing and delivering a portfolio of application development tools, deployment products, and companion services. This Agreement sets forth the terms and conditions of the OpenInsight WORKS program under which your company shall receive the right to obtain an OpenInsight Development license, basic-level technical support, version upgrades and access to Revelation Software’s exclusive interactive web site. This signed Agreement will represent (“Company’s”) full understanding and agreement of Revelation’s licensing and program policies and practices.
II. OPENINSIGHT DEVELOPMENT LICENSE
The OpenInsight Development license provides a single developer use of the OpenInsight software product. Each OpenInsight Development product includes a license agreement that is in effect upon installation of the software. Each developer who uses OpenInsight regardless of purpose (development, testing, support, etc.) must be properly licensed. This software may not be copied and/or redistributed unless for the sole purpose of back up/and or archiving the software.
III. UPGRADES
Revelation will make all free upgrades released during the term of this Agreement available for download via the Revelation web site. The upgrade license may only be applied to the development license covered in this Agreement. The upgrade license is non-transferable and may not be applied to any other system. After the upgrade is applied, the development license and upgrade constitute a single product. This Agreement provides COMPANY the right to obtain an upgrade license for deployed applications at no additional fee. This upgrade license is a separate license that enables the developer to upgrade OpenInsight applications delivered on Single User Runtime, Network User and Web User licenses. To obtain this license, contact Revelation Software.
IV. BASIC-LEVEL TECHNICAL SUPPORT
Basic Support provides WORKS customers access to our staff of Technical Support Analysts for support on most basic features documented in standard Revelation Software product manuals through a technical support queue. Versions released within the past twelve (12) months of the current shipping version will be supported.
V. ACCESS TO WEB SITE
Access to Revelation Software’s interactive web site is granted at the discretion of duly authorized representatives of Revelation Software. Misuse or disregard of the rules and regulations set forth will be cause for access to be terminated.
VI. TERM/EFFECTIVE DATE
The term of this Agreement shall commence the date this Agreement is signed by a duly authorized representative of Revelation Software and shall remain in effect for one year, unless earlier terminated by either party as specified below.
VII. TERMINATION
Either party may terminate this Agreement upon thirty (30) days with prior written notice to the other party.
VIII. ENTIRE AGREEMENT
This Agreement together with the Software Licenses and attachments is the complete and exclusive statement of the agreement between COMPANY and Revelation Software regarding the subject matter hereof and supersedes all agreements and any other communications, whether oral, written or implied, between COMPANY and Revelation Software. This Agreement may be modified, changed, or revised only by a written agreement between COMPANY and Revelation Software.
IX. ACKNOWLEDGEMENT
COMPANY acknowledges and agrees that COMPANY has read this Agreement in its entirety, and understands it, and agrees to be bound by it.
X. PAYMENT
COMPANY acknowledges and agrees that payment of the Works Subscription fee indicates acceptance of these terms.
