POMS Software License Agreement

• Terms of the License
• Limited Warranty
• Third-party Software

IMPORTANT – PLEASE READ CAREFULLY

This agreement (hereafter called “license” or “agreement”) is a legal agreement between the users of this software product (hereafter called “you”) and PragSoft Corporation (hereafter called “PragSoft”). It covers all the components comprising the POMS software product: computer software, online documentation, associated media (hereafter collectively called “software product” or “software”). If you do not agree with the terms of this agreement, please return the unused software product to the supplier from whom it was obtained immediately for a full refund.

TERMS OF THE LICENSE

• This software product is licensed, not sold. Your payment for this product covers the license fee and entitles you to a non-exclusive license. (The freeware version is provided free of charge, and is subject to this same license agreement.) The software is protected by copyright laws and remains the intellectual property of PragSoft at all times.

• If you have n licenses for this software (n being equal to or greater than 1), you may:
  • Install POMS Standalone on up to n computers, or,
  • Install POMS client/server on a network:
    • Install POMS App Server on one server, or on multiple fail-over or load-balanced servers.
    • Install POMS Proxy Server on one server, or on multiple fail-over servers, and configure them to point to POMS App Server(s).
    • Install POMS Client on any number of computers and configure them to point to a POMS App Server or to a POMS Proxy Server.

• You may store the software on a network server (or a similar shared storage device) used only to install the software on your other computers, subject to this license.

• You may make one copy of this software, to be used solely for backup or archival purposes.

• You may not reverse engineer, decompile, or disassemble the software.

• You may not rent or lease this software product. Where the software is supplied to you free of charge, you may not resell or transfer the software.

• Provided this agreement accompanies the software, you may distribute, free of charge only, the freeware version of the software.

• You may permanently transfer all your rights under this agreement, provided you retain no copies of the software, and the recipient agrees to the terms of this agreement.

• Where this software is purchased as an upgrade (as opposed to a full version) of an earlier release of the same software, the upgrade and the earlier release will be collectively treated as one and the same software product. You may not use an earlier release and its upgrades on separate computers. You may not transfer an upgrade separate from its earlier releases.

• This software product is copyright protected by copyright laws and international treaties. The copyrights for this software product (including but not limited to the computer software, resources, examples, online documentation, and printed materials) are owned by PragSoft.

• PragSoft reserves the right to terminate this agreement if you fail to comply with the terms of the agreement. In such an event, you must destroy all copies of all components of the software.

This limited warranty applies only to the full version of the software. The freeware version is provided “as is” without warranty of any kind.

PragSoft warrants that (i) the software will perform substantially in accordance with the accompanying online documentation, and (ii) the media on which the software is supplied will be free from defect in materials and workmanship under normal use for a period of 90 days from the date of delivery to you.

Your exclusive remedy shall be, at PragSoft’s option, either (i) refund of the price paid, or (ii) replacement of the software that does not meet the limited warranty and which is returned to the supplier with a copy of your receipt. Any replacement software will be warranted for 30 days or the remainder of the original warranty period, whichever is longer.

The foregoing warranties are in lieu of all other warranties and conditions express or implied, including, but not limited to, those concerning merchantability and fitness for a particular purpose. PragSoft will not be liable for any loss or other special or consequential damages suffered by you or others as a result of the use by you of the software.

Some jurisdictions do not allow exclusions of any implied warranty, and you may have other legal rights that vary by jurisdiction.

THIRD-PARTY SOFTWARE

POMS uses the following third-party software. All of these are free for commercial and non-commercial use. POMS Limited Warranty does not include these third-party software components.

• The Java Runtime Environment (JRE) is required for running various POMS components (client and servers). JRE is provided by Sun Microsystems. Up-to-date releases can be downloaded from java.sun.com. The minimum JRE version supported is 1.4.2.

• The Firebird relational database engine is used for building and accessing the POMS database. Up-to-date versions of the Firebird engine and JDBC driver can be downloaded from firebird.sourceforge.net.

• The Java Service program allows a Java server (such as POMS App Server or Proxy Server) to be installed as a Windows service. Up-to-date versions of Java Service (in source and binary format) can be downloaded from javaservice.objectweb.org. The software is provided under the GNU Lesser General Public License (LGPL).