Progress Software Developers Network Subscription

Print

PROGRESS SOFTWARE DEVELOPERS NETWORK® SUBSCRIPTION END-USER LICENSE AGREEMENT ("Agreement") 

IMPORTANT – READ CAREFULLY: This Agreement is a legal agreement between you (either an individual or a single entity) and Progress Software Corporation (“PSC”) for the Software and Program Materials (both defined below). YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY DOWNLOADING, INSTALLING (IF APPLICABLE), COPYING OR OTHERWISE USING THE SOFTWARE, DOCUMENTATION AND/OR PROGRAM MATERIALS. IF YOU DO NOT AGREE, DO NOT INSTALL (IF APPLICABLE) OR USE THE SOFTWARE AND/OR PROGRAM MATERIALS; YOU MAY RETURN THEM TO PSC (IF YOU PURCHASED THE SUBSCRIPTION FROM PSC) OR THE AUTHORIZED DEALER FROM WHOM YOU PURCHASED THE SUBSCRIPTION FOR A FULL REFUND, PROVIDED THAT SUCH RETURN IS MADE WITHIN A REASONABLE PERIOD FOLLOWING YOUR PURCHASE OF THE SUBSCRIPTION (SUCH PERIOD NOT TO EXCEED THIRTY (30) DAYS FROM YOUR DATE OF PURCHASE OF THE SUBSCRIPTION). In addition, by downloading, installing, copying or otherwise using Updates (defined below) that you receive during the Subscription Period (also defined below), you agree to be bound by the additional license terms, if any, that accompany such Updates. In the event of conflict between the terms and conditions of this Agreement and the terms and conditions accompanying an Update, the terms and conditions of the Update shall govern. If you do not agree to the additional license terms that accompany such Updates, you may not download, install, copy or use such Updates.

                                                                       

The Software and/or Program Materials are licensed through PSDN, the Progress Software Developers Network® Subscription Program (“PSDN Subscription Program”).

1.        Definitions.

1.1  Documentation. The term “Documentation” means any and all product documentation, whether in printed or electronic form, describing the Products, software tools and/or utilities that may be delivered to you or which you may be permitted to download from the PSDN Web site depending on your chosen subscription level in the PSDN Subscription Program.

1.2  Pre-Release Code. The term “Pre-Release Code” means portions of the Software identified by PSC as “pre-release code” that have not been fully tested nor made generally available to PSC’s customers.

1.3  Products. The term "Products" means certain commercially released software products owned by PSC or its licensors which may be delivered to you or which you may be permitted to download from the PSDN Web site depending on your chosen subscription level in the PSDN Subscription Program.

1.4  Program Materials. The term “Program Materials” means any and all information and materials, whether in printed, electronic or other form, relating to the PSDN Program and/or the Software, including, without limitation, Training Materials, newsletters, datasheets, technical white papers, FAQs, PSC presentation materials, product life cycle guides, and platform and product availability guides.

1.5  PSC Sample Code. The term “PSC Sample Code” means certain source code files (if any) created by PSC and identified by PSC as sample code within the Documentation, the packaging accompanying the Software and/or on the PSDN Web site.

1.6  Site. The term “Site” means a single building or campus of buildings at a common location.

1.7  Software. The term “Software” means the Products, software tools and/or utilities, including without limitation, any PSC Sample Code, Third Party Sample Code or any Update thereof or Pre-Release Code, and any Updates thereto, which may be delivered to you or which you may be permitted to download from the PSDN Web site depending on your chosen subscription level in the PSDN Subscription Program.

1.8  Subscription Period. The term “Subscription Period” means a twelve (12) month period from the date you order an initial subscription or renewal subscription (whichever is applicable) to the PSDN Subscription Program.

1.9  Third Party Sample Code. The term “Third Party Sample Code” means certain source code files (if any) created by a party other than PSC and identified as sample code on the PSDN Web site.

1.10      Training Materials. The term “Training Materials” means any training course materials and related instructional guides (if any), in printed, electronic, or other form, including, without limitation, computer-based training materials, which may be delivered to you or which you may be permitted to download from the PSDN Web site depending on your chosen subscription level in the PSDN Subscription Program.

1.11      Updates. The term “Updates” means any software patches, updates, new versions or new releases of the Software and/or updates or supplements to the Documentation and/or Program Materials which may be delivered to you or which you may be permitted to download from the PSDN Web site depending on your chosen subscription level in the PSDN Subscription Program.

1.12      User.  An individual authorized to use the Products subject to this Agreement and the applicable clickwrap licenses accompanying the Products.

2.        Grant of License.

2.1  General Grant of License. Depending on the subscription level you have chosen, the items licensed to you under the PSDN Subscription Program may consist of Software, Documentation and/or Program Materials.  Your right to use such items shall be subject to the terms and conditions of this Agreement and the applicable clickwrap licenses accompanying the downloaded Software. If this Agreement is being provided to you in connection with your purchase of a renewal Subscription Period, then the terms and conditions of this Agreement shall govern with respect to: (a) your use of any Software, Documentation and/or Program Materials delivered to you, or which you are permitted to download from the PSDN Web site, during your current Subscription Period, and (b) your continued use of any Software, Documentation and/or Program Materials previously delivered to you, or which you previously downloaded from the PSDN Web site, during your prior Subscription Period(s). Notwithstanding anything to the contrary, your use of the Software shall be limited to your Subscription Period.

2.2     Program Materials. PSC grants to you a non-exclusive, non-transferable, limited term license to make and use copies of the Program Materials (excluding Training Materials) solely for the purpose of assisting you in developing, maintaining and testing your software applications. If you are an individual, you may make and use one or more copies of the Program Materials provided that all such copies remain in your possession and control, and are used solely by you. If you are an entity, you may grant one or more employees and/or authorized contractors in your organization the right to make and use one or more copies of the Program Materials, provided that: (a) all such employees and/or authorized contractors are put on notice by you of the terms and conditions of this Agreement and are required to abide by said terms and conditions, (b) use of the Program Materials by such employees and/or authorized contractors is limited to use solely to assist in the development, maintenance and/or testing of your software applications, (c) all such employees and/or authorized contractors are located at the licensed Site in your organization, and (d) no copies of the Program Materials are provided to anyone other than the above-referenced employees and/or authorized contractors.

2.3  Software. If the subscription level you have chosen includes the right to use certain Software, PSC grants to you a non-exclusive, non-transferable, limited term license to use the Software delivered to you, or which you are permitted to download from the PSDN Web site, subject to the terms and conditions of this Agreement, including, without limitation, the following restrictions:

2.3.1        The Software may include one or more Products. Your use of such Products shall be subject to the additional usage restrictions set forth in the accompanying Product clickwrap licenses.

2.3.2  If you are an entity, you may permit your employees and/or authorized contractors at the licensed Site to use the Software solely in accordance with and subject to the terms and conditions of this Agreement, including, without limitation, the following conditions:

(a)        All such employees and/or authorized contractors are put on notice by you of the terms and conditions of this Agreement and are required to abide by said terms and conditions.

(b)        All such employees and/or authorized contractors are located at the licensed Site in your organization.

(c)        Depending on the subscription level you purchased, you may have the right to use a software development kit (“SDK”) comprised of certain Products subject to and in accordance with the terms and conditions of the Agreement and Exhibit A.  Your use of such certain Products is subject to the license model indicated and the limitation on the maximum number of Users permitted access to such certain Products set forth in Exhibit A and the License Addendum included in the initial shipment under your PSDN subscription, or any Update thereof.

(d) )  If, during your Subscription Period, you require the right to increase the number of SDK licenses, you may obtain additional SDK Licenses for an additional fee based on PSC's then-current pricing in effect at the time of the purchase, provided however that such additional Products will continue to be used at the same licensed Site. Any increase to the number of Users to a SDK shall not, however, increase the maximum number of Server Based, Client Based, Machine Based or CPU Based Users permitted to access the Products as set forth in Exhibit A.

(e)  If you require the right to allow your employees and/or authorized contractors located at another Site in your organization to use the Software, you must purchase another subscription for such other Site subject to the then-current pricing and PSDN Subscription Program terms and conditions then in effect at the time of said additional subscription purchase.

(f)   At the time you purchase a subscription, you will be required to designate an individual to be your PSDN Subscription Program administrator (hereinafter referred to as the “Administrator”). All items delivered to you under the PSDN Subscription Program will be delivered to the attention of the Administrator. You may change the Administrator by following the procedure described on the PSDN Web site.

2.3.3  Except as otherwise expressly specified in Sections 2.4 or 2.5, you may use the Software solely for the purposes of developing, maintaining and/or testing your software applications, and for no other purpose. Without limiting the foregoing, under no circumstances, do you have the right to deploy or use the Software (except for the PSC Sample Code and the Third Party Sample Code or any Update thereof) in a production environment. The Software delivered to you, or which you download from the PSDN Web site, under the PSDN Subscription program may include Products that are identified on PSC’s price lists, product guides or other documentation as falling into product categories other than the development product category. Such Products may be listed in product categories including, without limitation, “Deployment Products”, “Database Products”, “Dataservers”, and “AppServers”. Notwithstanding the above-described product categorizations, except for the PSC Sample Code and the Third Party Sample Code or any Update thereof, all Software provided to you hereunder (including those Products included in product categories other than the development product category) may be used by you solely for your internal application development, maintenance and/or testing purposes.   PSC will provide Updates or other support under the PSDN Subscription Program for development Products only.  Updates and support for Products other than development Products must be purchased separately.

2.4  Use of PSC Sample Code and/or Third Party Sample Code. Depending on the subscription level you have chosen, you may have the right to receive and use generally available PSC Sample Code and/or Third Party Sample Code or any Update thereof. PSC grants to you a non-exclusive, worldwide, non-transferable, limited license to use, copy, and modify: (a) the PSC Sample Code that is delivered to you pursuant to the PSDN Subscription Program, or which you are permitted to download from the PSDN Web site and/or (b) the Third Party Sample Code (if any) or any Update thereof which you are permitted to download from the PSDN Web site, and distribute such PSC Sample Code and/or Third Party Sample Code (or a derivative thereof), in source code or object code form, as a component of your software application subject to the terms and conditions of this Agreement, including, without limitation, the following conditions:

2.4.1  You must not use PSC’s name, logo, or trademarks to market your application, the PSC Sample Code and/or the Third Party Sample Code or any Update thereof.

2.4.2  You must remove any PSC copyright notices or other references to PSC or its trademarks and/or logos from the PSC Sample Code prior to distributing such PSC Sample Code, or any derivative thereof, as a component of your software application(s).

2.4.3  You must include a valid copyright notice in your name on your software application(s) that contain the PSC Sample Code and/or Third Party Sample Code or any Update thereof.

2.4.4  You agree that neither PSC or its licensors (if any) nor any of their respective suppliers shall have any liability to you or any other party in connection with your use and/or distribution of the PSC Sample Code and/or the Third Party Sample Code or any Update thereof, and, further, you must indemnify, hold harmless, and defend PSC and its licensors (if any) and their respective suppliers from and against any damages, loss, penalty, liability, claims or lawsuits, including attorney’s fees, which arise or result from the use or distribution of your application, the PSC Sample Code and/or  Third Party Sample Code or any Update thereof.

2.4.5  You agree that PSC and its licensors (if any) reserve all rights in and to the PSC Sample Code and Third Party Sample Code or any Update thereof not expressly granted to you.

2.4.6  You agree that, notwithstanding anything to the contrary contained in Section 8 or any other section of this Agreement, THE PSC SAMPLE CODE AND THE THIRD PARTY SAMPLE CODE OR ANY UPDATE THEREOF ARE PROVIDED TO YOU AS IS WITH ALL FAULTS. NEITHER PSC OR ITS LICENSORS (IF ANY) NOR ANY OF THEIR RESPECTIVE SUPPLIERS MAKE ANY EXPRESS WARRANTIES REGARDING THE PSC SAMPLE CODE, THE THIRD PARTY SAMPLE CODE, OR ANY RELATED SERVICES, AND THAT PSC DISCLAIMS FOR ITSELF, AND ON BEHALF OF ITS LICENSORS (IF ANY) AND EACH OF THEIR RESPECTIVE SUPPLIERS, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE  AND NON-INFRINGEMENT.

2.4.7  You understand that the PSC Sample Code and the Third Party Sample Code or any Update thereof may not have been tested and may have errors and produce unexpected results. Your use of any PSC Sample Code or Third Party Sample Code or any Update thereof is entirely at your own risk. Neither PSC nor its licensors provide any maintenance or support for the PSC Sample Code or Third Party Sample Code or any Update thereof.

2.4.8  You agree that nothing in this grant of rights relating to the PSC Sample Code or Third Party Sample Code or any Update thereof shall be construed as a representation or warranty given by PSC that the PSC Sample Code and/or Third Party Sample Code will not infringe the intellectual property rights of any third party, and that, notwithstanding any contrary provisions contained in Sections 8.1 or 10.4.5 or any other section of this Agreement, PSC shall have no obligations to you in connection with an infringement claim relating to the PSC Sample Code and/or the Third Party Sample Code or any Update thereof.

2.4.9  You agree that, with regard to the Third Party Sample Code or any Update thereof, in the event the Third Party Sample Code contains one or more notices from the owner of the Third Party Sample Code specifying warranties, warranty disclaimers, limitation of liability or any other terms and conditions relating to the Third Party Sample Code, your use of the Third Party Sample Code or any Update thereof will be subject to such additional terms and conditions, and that such additional terms and conditions shall be strictly between you and the owner of the Third Party Sample Code or any Update thereof and in no way obligate PSC.  In the event of conflict between this Section 2 and the additional terms and conditions (if any) required by the owner of the Third Party Sample Code, the terms and conditions required by the owner of the Third Party Sample Code or any Update thereof shall govern, except that, under no circumstances, shall such additional terms and conditions create any obligation or liability for PSC or limit or reduce your obligations to PSC under this Agreement.

2.4.10         Your agree that, with regard to any PSC Sample Code or Third Party Sample Code or any Update thereof downloaded by you from the PSDN Web site, your use of such PSC Sample Code and/or Third Party Sample Code or any Update thereof shall be subject to the additional terms and conditions (if any) presented to you on the PSDN Web site at the time of the download, and, in the event of conflict between the terms and conditions of this Agreement and the additional terms and conditions specified on the PSDN Web site, the additional terms and conditions on the PSDN Web site presented to you at the time of the download shall govern.

2.5  Uploading Third Party Sample Code to the PSDN Web Site. Depending on the subscription level you have chosen, you may have the right to upload Third Party Sample Code created by you on to the PSDN Web site subject to the terms and conditions of this Agreement. You agree to the following:

2.5.1  You will grant PSC a worldwide, non-exclusive, royalty free license to use, modify and/or distribute (in source code or object code form) any Third Party Sample Code or any Update thereof created by you and uploaded to the PSDN Web site, and to sublicense such rights to any other individual or entity accessing the PSDN Web site.

2.5.2  You agree that: (i) neither PSC nor any other individual or entity accessing or downloading your Third Party Sample Code or any Update thereof shall have any obligation of confidentiality to you or any other third party, (ii) there will be no limitation of use imposed on PSC or any other individual or entity with respect to your Third Party Sample Code or any Update thereof uploaded to the PSDN Web site (or any ideas, concepts, know-how or techniques related thereto), and (iii)  PSC and any other individual or entity will have the right to download, use and/or modify such Third Party Sample Code or any Update thereof (and any ideas, concepts, know-how or techniques related thereto), and sublicense such Third Party Sample Code, or any derivative thereof (in source code or object code form) to others without restriction or obligation to you or any other individual or entity.

2.5.3  You agree that: (i) all warranties or liabilities (if any) relating to your Third Party Sample Code or any Update thereof shall reside solely with you, (ii) it is your responsibility to include, in a prominent location in the Third Party Sample Code or any Update thereof, any notices of any warranties, warranty disclaimers, limitation of liability or other terms and conditions relating to your Third Party Sample Code or any Update thereof, and (iii) PSC shall have no liability whatsoever to you in connection with your Third Party Sample Code or any Update thereof (or any portion thereof) downloaded by any individual or entity from the PSDN Web site.

2.5.4  You represent and warrant that: (i) you have full right, title and interest, including patent and copyrights, in and to your Third Party Sample Code or any Update thereof, (ii) you have the authority to allow PSC and any other individual or entity accessing the PSDN Web site to freely access, use, modify, distribute and/or sublicense the Third Party Sample Code or any Update thereof to others, (iii) no malicious or harmful components or code shall be uploaded by you to the PSDN Web site, and (iv) you will take commercially reasonable steps to insure that your Third Party Sample Code (and any portion thereof) shall be virus free.

2.5.5  You will not use PSC’s name, logo, or trademarks in connection with your Third Party Sample Code or for any other purpose unless expressly permitted under this Agreement.

2.5.6  You further represent and warrant that your Third Party Sample Code or any Update thereof can be distributed under a GTDU (General Technical Data Unrestricted) license or ENC (Encryption) license. You agree to notify PSC immediately in the event of any changes to the export classification of your Third Party Sample Code or any Update thereof resulting in the requirement for a validated license, and PSC shall have the right to immediately remove your Third Party Sample Code or any Update thereof from the PSDN Web site.

2.5.7        You acknowledge that PSC reserves the right to reject any of your Third Party Sample Code or any Update thereof that you desire to upload to the PSDN Web site and to not allow the uploading of said Third Party Sample Code. Further, you acknowledge and agree that PSC’s right to reject your Third Party Sample Code or any Update thereof shall in no way be construed as an obligation on PSC’s part to test or endorse the Third Party Sample Code or any Update thereof that PSC permits you to upload to the PSDN Web site, and you agree that PSC shall have no obligation or liability to you with respect to the Third Party Sample Code or any Update thereof that PSC permits you to upload.

2.5.8        Your agree that, with regard to any Third Party Sample Code or any Update thereof uploaded by you to the PSDN Web site, your right to upload such Third Party Sample Code shall be subject to the additional terms and conditions (if any) presented to you on the PSDN Web site at the time of the upload, and, in the event of conflict between the terms and conditions of this Agreement and the additional terms and conditions specified on the PSDN Web site, the additional terms and conditions on the PSDN Web site presented to you at the time of the upload shall govern.

2.6  Pre-Release Code. Depending on the subscription level you have chosen, you may have access to Pre-Release Code. In addition to the limitations on your right to use the Software described herein, the following additional terms and conditions shall apply to your use of any portion of the Software that is Pre-Release Code:

2.6.1  You acknowledge that the Pre-Release Code is in the development stage, that it may contain known and unknown errors, that the results of its use and operation may be unreliable, and that damage to your development environment may be caused by your use of the Pre-Release Code.

2.6.2  You agree that your use of the Pre-Release Code will at all times be entirely voluntary, at your request and at your own risk.

2.6.3  You agree that PSC shall have sole authority and discretion to determine the period of time for testing and evaluation of any Pre-Release Code, and that PSC shall be the sole judge of the success of such testing and the sole decision maker as to whether or not to offer the Pre-Release Code, or any portion thereof, as a commercial product.

2.6.4  You agree that PSC reserves the right, prior to providing you with access to any Pre-Release Code, to condition your access to such Pre-Release Code on your agreement to the terms and conditions of PSC’s standard form of pre-release or beta software license agreement then-applicable for other recipients of such Pre-Release Code.

2.7  Non-PSC Evaluation Products.  Non-PSC Evaluation Products set forth in Exhibit A may not have been tested, may have errors and may produce unexpected results. Your use of any Non-PSC Evaluation Products is entirely at your own risk. Neither PSC nor its licensors provide any maintenance or support for the Non-PSC Evaluation Products.

2.8 Updates.      All Updates shall be considered part of the Software, Documentation and/or Program Materials (as applicable) and subject to the terms and conditions of this Agreement. Additional license terms and conditions may accompany Updates as described in the first paragraph of this Agreement. By downloading, installing, copying or otherwise using any Update, you agree to be bound by the terms and conditions accompanying each such Update, and further agree that such additional license terms and conditions shall govern with respect to your use of each such Update and the previously supplied Software, Documentation and/or Program Materials. In the event of conflict between the terms and conditions of this Agreement and the additional terms and conditions accompanying the Update, the additional terms and conditions accompanying the Update shall govern if you install, copy or otherwise use such Update. If you do not agree to the additional license terms and conditions accompanying such Update, do not install, copy or otherwise use the Update and return the Update (and all copies thereof) to PSC.

2.9  Documentation. Depending on the subscription level you have chosen, you may receive Documentation under the PSDN Subscription Program. PSC grants to you a non-exclusive, non-transferable, limited license to copy and use the Documentation at the licensed Site solely on an internal use basis in support of your application development, maintenance and/or testing activities.

2.10      Training Materials. Depending on the subscription level you have chosen, you may receive Training Materials under the PSDN Subscription Program. PSC grants to you a non-exclusive, non-transferable, limited license to use such Training Materials solely on an internal use basis in support of your application development, maintenance and/or testing activities. You may install the Training Materials on an Intranet at the licensed Site and/or multiple stand-alone machines located at the licensed Site. Use of the Training Materials, including, without limitation, any corresponding training course files, on your Intranet shall be your sole responsibility, and you shall be solely responsible for all support requirements associated with such use. Without limiting the foregoing, PSC shall have no responsibility or liability for network degradation, if any, resulting from the use of the Training Materials on your Intranet. You may not install the Training Materials, or any portion thereof, outside of your firewall. In addition, if you are an entity, then you agree to restrict access to the Training Materials to your employees and/or authorized contractors who have been put on notice by you of the terms and conditions of this Agreement and who have agreed to abide by said terms and conditions.

2.11 University Use.

Notwithstanding anything to the contrary in this Agreement, if User is a student or faculty member of a university participating in PSC’s university program and User has received the Software and/or Program Materials from such university, User shall only have a non-exclusive, non-transferable, limited license to use the Software, Documentation and/or Program Materials solely for purposes directly related to teaching, training, degree-granting programs, and research and development that is part of the instructional function performed by the university. User may not use the Software, Documentation or Program Materials for: (i) research and development purposes if the results thereof are primarily intended to benefit a third party; (ii) for any commercial purpose, such as developing software for sale or license; or (iii) administrative uses, such as the development of software for recording of student records, accounting purposes, and the like. User’s use of the Software, Documentation and/or Program Materials shall be for a period of one (1) year from the date User has received a copy of such Software, unless earlier terminated as provided in this Agreement.    Upon expiration of this license, User agrees to return the Software, Documentation and/or Program Materials to PSC or destroy the Software, Documentation and/or Program Materials.

3.   Other Restrictions.

3.1        The Product may contain or be accompanied by certain third-party components which are subject to additional restrictions.  These components, if any, are identified in, and subject to, special license terms and conditions set forth in either the “[readme].txt” file, the [notices.txt] file or the “docs/ThirdPartyLicense” folder accompanying the Product (“Special Notices”). The Special Notices include important licensing and warranty information and disclaimers.  In the event of conflict between the Special Notices and the other portions of this Agreement, the Special Notices will take precedence (but solely with respect to the third party component(s) to which the Special Notice relates).

 

4.   Limitations on Transfer.

4.1 Except as otherwise expressly permitted hereunder, you may not transfer, sell, assign, or otherwise convey the Software, Documentation and/or Program Materials, or any portion of the foregoing, to another individual or entity or transfer said items to another Site location. You may not sell, rent, license, or grant sublicenses, leases, or other rights in said Software, Documentation and/or Program Materials, or any portion of the foregoing, to others. Without limiting the foregoing, you shall have no right to use the Software to provide time-sharing services or act as or operate a service bureau or provide subscription or hosting services for others.

5.   Ownership.           

5.1  The Software, Documentation and Program Materials are proprietary products and/or materials of PSC, or its licensors, and are protected by copyright law. By virtue of this Agreement, you acquire only the non–exclusive right to use the Software, Documentation and/or Program Materials, if any, delivered to you or which you may download from the PSDN Web site in accordance with the terms and conditions of this Agreement.  You do not acquire any rights of ownership in the Software, Documentation and/or Program Materials, or the media upon which any of the foregoing are embodied. PSC, or its licensors, shall at all times retain all right, title, and interest in such Software, Documentation and Program Materials.

 

6.   Term and Termination.

6.1  Term.

6.1.1    This Agreement shall remain in effect during the Subscription Period. Except as otherwise expressly stated herein, this Agreement shall expire and all of your rights to use the Software, Documentation and/or Program Materials granted hereunder shall cease immediately following the expiration of the Subscription Period unless PSC generally makes available to you, and you purchase prior to the expiration of your then current Subscription Period, a renewal Subscription Period under the PSDN Subscription Program. Under such circumstances, your right to continue using the Software, Documentation and/or Program Materials shall be subject to the terms and conditions of the Agreement delivered to you by PSC in connection with your purchase of a renewal Subscription Period.

6.1.2    If you had the right to use certain Software, Documentation and/or Program Materials under a prior Subscription Period that is no longer included in your purchase of a renewal Subscription Period, then, with respect to that certain Software, Documentation and/or Program Materials that are no longer included in the renewal Subscription Period, you must satisfy the destruction requirements specified in Section 6.2.2 below.

6.1.3    Progress may, at its discretion, replace the PSDN Program with one or more alternative subscription offerings for one or more Products. If Progress makes such alternative subscription offerings available to its customers during your current Subscription Period, then you will have a choice to either (a) continue to use the Software, Program Materials and Documentation provided to you under the PSDN subscription level you purchased for the balance of your then-current Subscription Period or (b) terminate your PSDN subscription and apply a pro-rated amount of the fees you paid to Progress for the unused full months of your Subscription Period toward the purchase of one or more of the alternative subscription offerings made available by Progress. If you elect option (b), then you will be required to satisfy the destruction requirements specified in Section 6.2.2 at the time of your election to terminate your PSDN subscription.

6.2  Termination.

6.2.1  Without prejudice to any of its other rights, PSC may immediately terminate this Agreement if you do not abide by the terms and conditions of this Agreement.

6.2.2  If your Subscription Period expires and you do not purchase a renewal Subscription Period in accordance with Section 6.1 above, or if this Agreement terminates pursuant to Section 6.2.1 above, then you will, immediately following such expiration or termination, destroy all copies of the Software, Documentation and/or Program Materials, and all portions thereof, in your possession. If you are an entity, such destruction requirement applies to all copies of the above-referenced items, and any portion thereof, in the possession of your employees and/or authorized contractors. You will, at PSC’s request, certify in writing that all such copies have been destroyed.

6.2.3        Notwithstanding the destruction requirements specified in Section 6.2.2 above, provided this Agreement has not terminated as a result of your failure to abide by the terms and conditions of this Agreement, you may, following the expiration of your Subscription Period, continue to use, modify, copy and distribute the PSC Sample Code and the Third Party Sample Code that you have received under the PSDN Subscription Program provided that you continue to comply with all of the terms and conditions of this Agreement applicable to the PSC Sample Code and Third Party Sample Code or any Update thereof.

6.2.4  The terms and conditions specified in Sections 2.4 and 2.5 and Sections 3 through 10 shall survive the expiration or earlier termination of this Agreement.

7.   Nondisclosure Obligations/Reverse Engineering/Copying.

7.1  Nondisclosure Obligations.

7.1.1  You acknowledge that the Software, Documentation and/or Program Materials provided to you under the PSDN Subscription Program, or which you download from the PSDN Web site, are the valuable proprietary and trade secret information of PSC or its licensors.  If you are an entity, unless otherwise expressly permitted hereunder, you agree to limit use and disclosure of the Software, Documentation and/or Program Materials to your employees and authorized contractors who are permitted to use such items pursuant to the terms and conditions of this Agreement and who agree to be bound by the terms and conditions contained herein. Further, except as otherwise expressly permitted herein, you agree: (i) not to provide or disclose any of the Software, Documentation and/or Program Materials, or any portion of the foregoing, to another individual or entity; and (ii) to take all reasonable precautions to maintain the confidentiality of said items.

7.1.2  You agree not to disclose any benchmark results relating to your use of any of the Software without the prior written consent of PSC.

7.1.3  Depending on the subscription level you have chosen, you may have access from time to time during a Subscription Period to certain information about PSC’s future product development plans and/or business development strategies. Such information shall be considered confidential information of PSC and your use of, or access to, such information shall be subject to the same nondisclosure terms and conditions specified in Section 7.1.1 above applicable for the Software, Documentation and/or Program Materials. Further, you acknowledge that PSC reserves the right, in its sole discretion, to modify or abandon, without notice to you, any such future product plans and/or business development strategies.

7.1.4  PSC is not interested in obtaining any information that you consider to be your proprietary or confidential information. You agree that PSC shall have no obligation of confidentiality and that there shall be no limitation of use imposed on PSC with respect to any ideas, concepts, know-how or techniques that you share with PSC relating to the Software, Documentation and/or Program Materials. PSC shall have the right to use, without restriction or obligation to you, any such ideas, concepts, know-how or techniques.

7.2  Restrictions on Reverse Engineering and Copying.

7.2.1  You agree not to cause or permit the reverse engineering, disassembly, or decompilation of the Software, except to reproduce machine–readable object code portions for archival purposes and installation of new releases, under penalty of license termination but not exclusive of any other remedies. If the Software, or any portion thereof, is licensed to you for use in a country which is a member of the European Community, you may reverse engineer and/or decompile such Software to the extent that sufficient information is not available for the purpose of creating an interoperable software program (but only for such purposes and to the extent that sufficient information is not provided by PSC upon written request).  Furthermore, you are not restricted in a country which is a member of the European Community from observing, studying or testing the functioning of the Software solely in order to understand the ideas and principles which underlie any element of the Software.

7.2.2      You may copy the Software for installation, archival, or other purposes as described in this Agreement or in the Documentation. You may not copy nor allow others to copy the Software for any other purpose. Except as otherwise specified in Section 2.4.2, you agree not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software, Documentation and/or Program Materials, or any permitted copies thereof.

7.3  Equitable Relief. You acknowledge that, in the event of any breach of this Section 7, PSC will not have an adequate remedy in money or damages.  PSC therefore shall be entitled in such event to obtain an injunction against such breach from any court of competent jurisdiction immediately upon request.  PSC’s right to obtain such relief shall not limit its right to obtain other remedies. 

8.   Limited Warranty /Infringement Claims/Exclusive Remedies/Disclaimers.

8.1  Limited Warranty/Infringement Claims/ and Exclusive Remedies. PSC warrants that the materials of both the Software media and Documentation are not defective and that the Software is properly recorded on the media. If either the media (such as the diskettes, cartridges, CD-ROMs, and magnetic tapes) or the Documentation is physically defective, PSC will replace it free of charge during the ninety (90) day warranty period. Your remedy is limited to return of the media and/or Documentation to PSC for replacement. This Limited Warranty is in effect for claims made within ninety (90) days from your purchase of a Subscription Period. PSC will defend you against any claim based on an allegation that the Software (excluding the PSC Sample Code and the Third Party Sample Code or any Update thereof) infringes a U.S. patent or copyright, but only if PSC is notified promptly in writing of such claim and is given sole control of the defense thereof and all related settlement negotiations relating thereto. Notwithstanding the foregoing, PSC shall not be obligated to you hereunder for any claim arising from or based upon the alteration or modification of any of the Software or the combination of the Software with any software programs or equipment not supplied to you by PSC. If the Software (excluding the PSC Sample Code and the Third Party Sample Code or any Update thereof) is the subject of an infringement claim, or, in PSC’s sole opinion, is likely to become the subject of an infringement claim, then PSC may, at its option and expense: (a) procure for you the right to continue using the Software, (b) replace or modify the allegedly infringing Software with a non-infringing version of substantially equivalent function and performance or (c) reasonably failing the above, require you to return the Software (and all copies thereof) to PSC in exchange for a refund of a pro-rata portion of your PSDN subscription fee representing the unused portion of your current Subscription Period. The provisions of this Section 8.1 are in lieu of any express or implied warranties of non-infringement and state the sole, exclusive and entire liability of PSC, and your sole, exclusive and entire remedy, with respect to any claim of infringement in connection with the Software, Documentation and/or Program Materials delivered by PSC to you hereunder or which you have downloaded from the PSDN web site.

8.2  Disclaimers.

8.2.1  THE LIMITED WARRANTY SPECIFIED IN THIS SECTION 8 SETS FORTH THE ENTIRE WARRANTIES AND REPRESENTATIONS PROVIDED BY PSC TO YOU WITH RESPECT TO THE SOFTWARE AND DOCUMENTATION.  SUCH LIMITED WARRANTY IS PROVIDED SOLELY BY PSC AND NOT PSC’S LICENSORS.

8.2.2  EXCEPT FOR THE LIMITED WARRANTY PROVIDED SOLELY BY PSC TO YOU PURSUANT TO THIS SECTION 8, NEITHER PSC OR ITS LICENSORS, NOR ANY OF THEIR RESPECTIVE SUPPLIERS, MAKE ANY EXPRESS WARRANTIES OR REPRESENTATIONS RELATING TO THE SOFTWARE, DOCUMENTATION AND/OR PROGRAM MATERIALS OR TO ANY SERVICES PERTAINING TO THE SOFTWARE, DOCUMENTATION AND/OR PROGRAM MATERIALS OR OTHERWISE PERTAINING TO THE PSDN SUBSCRIPTION PROGRAM.

8.2.3  PSC DISCLAIMS FOR ITSELF, AND ON BEHALF OF ITS LICENSORS AND ANY OF THEIR RESPECTIVE SUPPLIERS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE  AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND/OR PROGRAM MATERIALS, AND ANY SERVICES RELATED THERETO. For example, and without limiting the foregoing disclaimers, PSC does not warrant that there are no discrepancies between the Software and the Documentation, nor that errors cannot arise during the use of the Software.

8.2.4  Without limiting the foregoing warranty disclaimers, you acknowledge that if the Software licensed to you under this Agreement (if any) contains IBM’s XML Parser for C++, then such IBM technology is licensed to you  “AS IS” without warranty of any kind, whether express or implied.  Neither PSC nor IBM assumes any liability for any claim that may arise regarding the use of such IBM technology.

8.2.5                              THE LIMITED WARRANTY SPECIFIED IN SECTION 8.1 GIVES YOU SPECIFIC LEGAL RIGHTS, AND MAY ALSO IMPLY OTHER RIGHTS WHICH VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, AND DO NOT ALLOW A LIMITATION ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. No PSC employee, supplier, or agent is authorized to make any modification or addition to this warranty unless such modification and/or addition is agreed to by PSC in a writing executed by an authorized representative of PSC.

9.   Limitation of Liability/Exclusion of Damages.

9.1  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIABILITY OF PSC, IF ANY, FOR DAMAGES RELATING TO ANY SOFTWARE, DOCUMENTATION AND/OR PROGRAM MATERIALS DELIVERED TO YOU OR WHICH YOU DOWNLOADED FROM THE PSDN WEB SITE PURSUANT TO YOUR PSDN SUBSCRIPTION LEVEL, OR ANY RELATED SERVICE PROVIDED TO YOU UNDER THE PSDN SUBSCRIPTION PROGRAM, SHALL BE LIMITED TO THE ACTUAL PSDN SUBSCRIPTION FEES PAID BY YOU FOR YOUR CURRENT SUBSCRIPTION PERIOD. PSC’S LICENSORS AND THEIR SUPPLIERS SHALL HAVE NO LIABILITY TO YOU FOR ANY DAMAGES SUFFERED BY YOU OR ANY THIRD PARTY AS A RESULT OF USING THE SOFTWARE, DOCUMENTATION AND/OR PROGRAM MATERIALS OR DISTRIBUTING ANY PORTION THEREOF, OR AS A RESULT OF ANY SERVICES RELATING THERETO. 

9.2  NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL PSC, ITS LICENSORS, OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER, ANY COMMERCIAL DAMAGES OR LOSSES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION AND/OR PROGRAM MATERIALS, OR ANY PORTION THEREOF, OR OTHERWISE ARISING OUT OF ANY RELATED SERVICES PROVIDED TO YOU UNDER THE PSDN SUBSCRIPTION PROGRAM, EVEN IF PSC, ITS LICENSORS AND/OR ANY OF THEIR RESPECTIVE SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.  SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY.

10. General.

10.1                                     Export Administration.

10.1.1                            You agree to comply fully with all relevant regulations of the United States Department of Commerce and with the United States Export Administration Act to assure that the Software, Documentation and/or Program Materials are not imported, exported or re–exported in violation of United States law. Further, except as otherwise provided in Sections 2.4 and 2.5 above, you shall not directly or indirectly export or re–export any Software, Documentation, Program Materials, or the direct product thereof without first obtaining PSC’s written approval.

10.1.2                            If the Software, Documentation, and/or Program Materials, or any portion of the foregoing contains any technology or materials from RSA Technologies, Inc., then the following additional export terms and conditions shall apply:

THE RSA SOFTWARE AND TECHNOLOGIES LICENSED UNDER THIS AGREEMENT ARE SUBJECT TO UNITED STATES EXPORT CONTROL LAWS AND REGULATIONS WHICH RESTRICT EXPORTS, REEXPORTS AND DISCLOSURES TO FOREIGN PERSONS OF CRYPTOGRAPHIC ITEMS AND ARE ALSO SUBJECT TO CERTAIN FOREIGN LAWS WHICH MAY RESTRICT THE EXPORT, REEXPORT, IMPORT AND/OR USE OF SUCH ITEMS. PERFORMANCE OF THIS AGREEMENT IS EXPRESSLY MADE SUBJECT TO ANY EXPORT LAWS, REGULATIONS, ORDERS OR OTHER RESTRICTIONS IMPOSED BY THE UNITED STATES OF AMERICA, OR BY ANY OTHER COUNTRY OR GOVERNMENTAL ENTITY ON THE RSA SOFTWARE, PRE-RELEASE SOFTWARE OR OF INFORMATION RELATING TO EITHER. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT TO THE CONTRARY, YOU SHALL NOT IMPORT, EXPORT, OR REEXPORT, DIRECTLY OR INDIRECTLY, ANY RSA SOFTWARE OR INFORMATION PERTAINING THERETO TO ANY COUNTRY OR FOREIGN PERSON TO WHICH SUCH IMPORT, EXPORT, OR REEXPORT IS RESTRICTED OR PROHIBITED, OR AS TO WHICH SUCH COUNTRY, GOVERNMENT OR ANY AGENCY THEREOF REQUIRES AN EXPORT LICENSE OR OTHER GOVERNMENTAL APPROVAL AT THE TIME OF IMPORT, EXPORT, OR REEXPORT WITHOUT FIRST OBTAINING SUCH LICENSE OR APPROVAL.  YOU UNCONDITIONALLY ACCEPT FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THESE REQUIREMENTS.

10.2                                     U.S. Government Restricted Rights. The Software, Documentation and/or Program Materials are provided to you with RESTRICTED RIGHTS.  Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1 (a) and 227.7202-3 (a) (1995), DFARS 252.227-7013 (c) (1) (ii) (Oct 1988), FAR 12.212 (a) (1995), FAR 52.227-19 (June 1987), or FAR 52.227-14 (ALT III) (June 1987), as applicable.  Contractor/manufacturer is Progress Software Corporation, 14 Oak Park, Bedford, MA  01730.  Unpublished—all rights reserved under the copyright laws of the United States.

10.3                                     Records Inspection. You shall maintain books and records in connection with your actions under this Agreement.  Such records shall include the subscription level purchased by you and the Site that your PSDN subscription applies to.  PSC (or its designee) may, at PSC’s expense, audit your records to ensure compliance with the terms of this Agreement, bundle, install, enable and utilize automated license tracking, management, and/or enforcement solutions with Software or Program Materials, which you may not disrupt nor alter, and require you to demonstrate the accuracy of those records.  Any such audit shall be conducted during regular business hours at your offices and shall not interfere unreasonably with your activities.  If any audit reveals that you have underpaid PSDN subscription fees to PSC, you shall be invoiced for such underpaid fees based on PSC's list price in effect at the time the audit is conducted.  If the underpaid fees are in excess of five percent (5%) of the PSDN subscription fees paid by you for the current Subscription Period, then you shall pay PSC's reasonable costs of conducting the audit. 

10.4      Miscellaneous.

10.4.1         THIS AGREEMENT IS THE COMPLETE AND ENTIRE AGREEMENT BETWEEN YOU AND PSC WITH RESPECT TO THE SOFTWARE, DOCUMENTATION, PROGRAM MATERIALS AND/OR RELATED SERVICES DELIVERED TO YOU, OR WHICH YOU DOWNLOAD FROM THE PSDN WEB SITE, PURSUANT TO THE PSDN SUBCRIPTION LEVEL PURCHASED BY YOU, AND SUPERCEDES ANY OTHER COMMUNICATION OR ADVERTISING WITH RESPECT TO THE PSDN SUBSCRIPTION PROGRAM AND/OR THE SOFTWARE, DOCUMENTATION, AND/OR PROGRAM MATERIALS THAT YOU OBTAIN THEREUNDER.

10.4.2      To the extent there are any terms and conditions contained in your purchase order or other documentation supplied by you (“Your Documents”) that are in conflict with or in addition to those terms and conditions specified in this Agreement, the terms and conditions contained in Your Documents shall be deemed to be stricken and the terms and conditions of this Agreement shall govern. Further, to the extent there is any conflict among the terms and conditions that may appear during the installation of a Product and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall govern.

10.4.3      The headings of the Sections and paragraphs of this Agreement are inserted for convenience only and shall not be deemed to constitute part of this Agreement or to affect the construction hereof.

10.4.4   Except as otherwise expressly set forth herein, this Agreement is governed by the laws of the Commonwealth of Massachusetts, excluding conflict of laws provisions.

10.4.5      IF YOU ARE LOCATED IN CANADA, UNLESS EXPRESSLY STATED OTHERWISE, THE FOLLOWING SPECIAL TERMS AND CONDITIONS SHALL APPLY IN LIEU OF ANY CORRESPONDING PROVISION SPECIFIED ABOVE. ALL OTHER PROVISIONS OF THIS AGREEMENT SHALL APPLY IN ALL RESPECTS. 

(a)        PSC warrants that the materials of both the Software media and Documentation are not defective and that the Software is properly recorded on the media. If either the media (such as the diskettes, cartridges, CD-ROMs, and magnetic tapes) or the Documentation is physically defective, PSC will replace it free of charge during the ninety (90) day warranty period. Your remedy is limited to return of the media and/or Documentation to PSC for replacement. This Limited Warranty is in effect for claims made within ninety (90) days from your purchase of a Subscription Period. Except for the limited warranty provided solely by PSC as specifically stated in this Section 10.4.5(a), NEITHER PSC OR ITS LICENSORS (IF ANY) NOR ANY OF THEIR RESPECTIVE SUPPLIERS MAKE ANY WARRANTY, CONDITION, OR REPRESENTATION, EITHER EXPRESSED OR IMPLIED, AND, FURTHER DISCLAIM ALL IMPLIED WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH RESPECT TO THE SOFTWARE, PROGRAM MATERIALS AND DOCUMENTATION. 

 (b)       PSC will defend you against any claim based on an allegation that the Software (excluding the PSC Sample Code and/or Third Party Sample Code or any Update thereof) infringes a Canadian patent or copyright, but only if PSC is notified promptly in writing of such claim and is given sole control of the defense thereof and all related settlement negotiations relating thereto. If the Software (excluding the PSC Sample Code and the Third Party Sample Code or any Update thereof) is the subject of an infringement claim, or, in PSC’s sole opinion, is likely to become the subject of an infringement claim, then PSC may, at its option and expense: (i) procure for you the right to continue using the Software, (ii) replace or modify the allegedly infringing Software with a non-infringing version of substantially equivalent function and performance or (iii) reasonably failing the above, require you to return the Software (and all copies thereof) to PSC in exchange for a refund of a pro-rata portion of your PSDN subscription fee representing the unused portion of your current Subscription Period. The provisions of this Section 10.4.5(b) are in lieu of any express or implied warranties of non-infringement and state the sole, exclusive and entire liability of PSC, and your sole, exclusive and entire remedy, with respect to any claim of infringement in connection with the Software, Documentation and/or Program Materials delivered by PSC to you hereunder or which you have downloaded from the PSDN web site.

(c)  You agree to comply fully with all relevant laws and regulations of Canada and with the Governor in Council to assure that the Software, Documentation and/or Program Materials are not exported or re–exported in violation of Canadian law. The terms and conditions specified in the immediately preceding sentence are in addition to, and do not supercede, your obligations to comply with the United States Export Control laws and regulations pursuant to Section 10.1 above. 

(d)  The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandée que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. 

(e)  This Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada therein.

 

EXHIBIT A

Depending on the subscription level you purchased, you may have the right to use a software development kit (“SDK”) comprised of certain Products subject to and in accordance with the terms and conditions of the Agreement and this Exhibit A. Your license grant is also subject to the following descriptions and use restrictions:

 

I. ADDITIONAL TERMS

1. User may utilize any unencrypted Advanced Business Language (“ABL”) source code contained in the Product for any purpose. The ABL source code may change without notice, and PSC makes no representations regarding the ABL source code with regard to its use outside of the Product, and shall have no responsibility for such outside use by User.

 

II. USE RESTRICTIONS

You may use the following Products included in the SDK on each supported operating platform subject to the terms of the Agreement and the corresponding use limitations:

 

A. Progress Version 9 Products: (add-on kit)

 

Progress Version 9 Products

SDK License

Platform(s)

4GL Development System

1 User[1]

Microsoft Windows® 32-bit (Win32), UNIX®, Linux

OpenEdge Studio

1 User[1]

Win32

Progress Provision Plus

1 User[1]

Win32

Progress Dynamics

1 User[1]

Win32

Progress Toolkit

1 User[1]

Win32, UNIX, Linux

Translation Manager

1 User[1]

Win32

Visual Translator

1 User[1]

Win32

WebSpeed Workshop

1 User[1]

Win32

Query Results

1 User[1]

Win32, UNIX, Linux

Client Networking

Up to 300 Connections[2]

Win32, UNIX, Linux

Name Server Load Balancer

Up to 2 Machines[2]

Win32, UNIX, Linux

WebClient

Up to 300 Connections[2]

Win32

ProVision Plus Development Server

1 User[1]

Win32

Secure AppServer

Up to 300 Connections[2]

Win32, UNIX, Linux

WebSpeed Transaction Server

Up to 300 Connections[2]

Win32, UNIX, Linux

Personal RDBMS

1 User[1]

Win32, UNIX, Linux

Workgroup RDBMS

Up to 50 Connections[2]

Win32, UNIX, Linux

Enterprise RDBMS

Up to 300 Connections[2]

Win32, UNIX, Linux

ODBC Personal DataServer

1 User[1]

Win32

ODBC Enterprise DataServer

Up to 300 Connections[2]

Win32

Microsoft SQL Server Personal DataServer

1 User[1]

Win32

Microsoft SQL Server Enterprise DataServer

Up to 300 Connections[2]

Win32

Oracle Dataserver

Up to 300 Connections[2]

Win32, UNIX[3]

 

B. OpenEdge Release 10 and Release 11 Products:

 

Product

SDK License

Platform(s)

Progress Developer Studio for OpenEdge
(formerly OpenEdge Architect)

1 Named User

Win32, Win 64

OpenEdge Mobile JSDO Adapter

Up to 300 Connections[2]

All Supported

4GL Development System

1 Named User

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Studio

1 Named User

Win32, Win 64

Translation Manager

1 Named User

Win32, Win 64

Visual Translator

1 Named User

Win32, Win 64

WebSpeed Workshop

1 Named User

Win32, Win 64

Query/Results

1 Named User

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

Client Networking

Up to 300 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

NameServer Load Balancer

Up to 2 Machines

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

WebClient

Up to 300 Connections[2]

Win32

OpenEdge Development Server

1 Named User

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Application Server Basic Edition

Up to 2 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Application Server Enterprise Edition

Up to 300 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Personal RDBMS

1 Named User

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Workgroup RDBMS

Up to 50 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Enterprise RDBMS

Up to 300 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Multi-tenant Tables
(available in OpenEdge 11 and up)

Up to 300 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Transparent Data Encryption (10.2B and above)

Up to 300 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge DataServer for Microsoft SQL Server

Up to 300 Connections[2]

Win32, WIN64

OpenEdge DataServer for Oracle

Up to 300 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Management Standard Edition (Formerly Fathom)

Up to 5 Machines

Win32, Win64, UNIX, Linux3

OpenEdge Replication Plus (Formerly Fathom)

Up to 5 Machines

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Business Process Modeler

1 User[1]

Win32, WIN64, Linux

OpenEdge Business Process Server

1 User[1]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

OpenEdge Table Partitioning

1 User[1]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

Progress Pacific Development Application Server for OpenEdge

Up to 5 Connections[2]

Win32, Win 64, HP-UX Itanium 64, AIX 64, Solaris 64, Linux 32, Linux 64[4]

 

 

 

C. Evaluation Products:

Non-PSC Evaluation Products

SDK License

Platform(s)

Stylus Studio 2008 XML Enterprise Suite

1 User[1]

Win32

 

 

D. OpenEdge Management Products:

OpenEdge Management Products

SDK License

Platform(s)

OpenEdge Management Standard Edition(formerly Fathom)

Up to 5 Machines[3]

Win32, UNIX3, Linux

OpenEdge Replication Plus (formerly Fathom)

Up to 5 Machines[3]

Win32, UNIX3, Linux

 

E. Corticon Products:

Product

SDK License

Platform(s)

Corticon Studio for OpenEdge

1 User[1]

Win64

Corticon Server for OpenEdge with EDC

1 User[1]

Win64

 

 

F. Platform Restrictions: 

Unless otherwise noted, the Products listed in Exhibit A will be licensed, subject to the terms and conditions of this Agreement and Exhibit A, solely for use on the following platforms:

Microsoft

Microsoft Windows 32-bit

Microsoft Windows 64-bit (10.2A and above)

UNIX

HP-UX® 11 32-bit (through 10.2B)

HP-UX® 64-bit PA-RISC

HP-UX® 64-bit Itanium

IBM® AIX® (through 10.2B)

IBM® AIX® 64-bit

SCO UnixWare® (through 10.2B)

SCO OpenServer (through 10.2B)

Sun® Solaris® SPARC 32-bit (through 10.2B)

Sun® Solaris® SPARC 64-bit

Linux

Linux Intel 32-bit

Linux Intel 64-bit

Linux on Power PC 64-bit (through 11.0)

 

The software you are about to download is subject to export control laws and regulations. By downloading this software, you agree that you will not knowingly, without prior written authorization from the competent government authorities, export or reexport - directly or indirectly - any software downloaded from this website to any prohibited destination, end-user, or end-use.

[1] The applicable User category is indicated in your current subscription agreement (i.e. either “Named” or “Concurrent”).

[2] WebClient and the SDK Products that are licensed up to a number of Connections or Machines remain fixed at the maximum quantity described above, regardless of the number of SDK licenses acquired.

[3] These Products (or components thereof) are not available on all UNIX hardware platforms. Refer to the Progress Platform and Product Availability Guide for details including supported deployment environments.

[4] See F. Platform Restrictions. 

 

The software you are about to download is subject to export control laws and regulations. By downloading this software, you agree that you will not knowingly, without prior written authorization from the competent government authorities, export or reexport - directly or indirectly - any software downloaded from this website to any prohibited destination, end-user, or end-use.

Contact information

Copyrights

Use of Progress Software copyrighted materials or 
notice of copyright infringement

copyrights@progress.com

Trademarks

Questions about or requests to use Progress Software trademarks, logos or branding

trademarks@progress.com

Governance 

board@progress.com

General legal

legal@progress.com