| Can I use Lightstreamer software for FREE? |
Yes, if you choose Lightstreamer Moderato, a community edition of Lightstreamer software that is completely free of charge for any use within any free or commercial product or service. It is limited for use on a single node with no clustering capabilities as well as no support (apart from the forums). For the rest, Moderato is the same as Allegro with an unlimited number of users. A recap of the main requirements and constraints of a Free License can be found on the download page.
The other editions of Lightstreamer software (called Allegro, Presto and Vivace) are commercial, so after the evaluation period you should purchase a proper license to continue using the product (see the Sales page to know more about the licensing models). |
| Can you explain the types of licenses (EVAL, DEV, DEMO, PROD) available for Allegro/Presto/Vivace editions? |
Below is a detailed explanation of all the available license types for Lightstreamer Allegro, Presto and Vivace:
- EVALUATION license (a.k.a. EVAL, TRIAL):
- Purpose: Gives you the possibility to try Lightstreamer for free for 60 days.
- Editions: You can configure the Server to run in Allegro, Presto, or Vivace edition mode.
- Versions: Any version number of the Lightstreamer components is usually enabled by an EVAL license.
- Limitations: Time limited (usually 60 days).
- How to get it: You can get an Eval license from the online generator.
- How to install it: You will receive a ClientId string to put in the configuration file of Lightstreamer Server. No license files are used. In order to check the license validity and enable its use, Lightstreamer Server will need to perform a connection to our license server through the Internet once a day.
- DEMO license:
- Purpose: Useful in order to perform Lightstreamer demos on notebooks not connected to the Internet, because it does not access a remote license server.
- Editions: The Edition is contained in the license file (please specify what Edition you need: Allegro, Presto, or Vivace).
- Versions: The license file contains the version numbers (only major and minor, not subminor) of Lightstreamer Server and Lightstreamer Web Client up to which the software is enabled to run. E.g.: the license file is issued for Lightstreamer Server 3.4 and Lightstreamer Web Client 4.1. Such file will work with Server 3.4.2 and Web Client 4.1.1, but not with Server 3.5 or with Web Client 4.2. In the latter case you will need to request a new license.
- Limitations: Time limited (usually 6 months). Maximum 5 concurrent client sessions.
- How to get it: We usually give Demo licenses to our partners that need to show their Lightstreamer-based applications. But also some developers could be interested in getting a Demo license. If you think you need a Demo license, let us know by contacting info@lightstreamer.com.
- How to install it: You will receive a ClientId string and a license file to copy on your installation of Lightstreamer Server.
- PRODUCTION license (a.k.a. PROD):
- Purpose: Used in production environments.
- Editions: The Edition is contained in the license file and depends on the purchase agreement.
- Versions: The license file contains the version numbers (only major and minor, not subminor) of Lightstreamer Server and Lightstreamer Web Client up to which the software is enabled to run. E.g.: the license file is issued for Lightstreamer Server 3.4 and Lightstreamer Web Client 4.1. Such file will work with Server 3.4.2 and Web Client 4.1.1, but not with Server 3.5 or with Web Client 4.2. In the latter case you will need to request a new license.
- Limitations: Each license file is node locked to one MAC address (so a license file is required for each box hosting Lightstreamer Server).
- How to get it: It is delivered after a purchase order.
- How to install it: You will receive a ClientId string and a license file to copy on your installation of Lightstreamer Server.
- DEVELOPMENT & TEST license (a.k.a. DEV/TEST):
- Purpose: Used in development and/or test environments (including pre-production).
- Editions: The Edition is contained in the license file and is the same as the corresponding Production license.
- Versions: The license file contains the version numbers (only major and minor, not subminor) of Lightstreamer Server and Lightstreamer Web Client up to which the software is enabled to run. E.g.: the license file is issued for Lightstreamer Server 3.4 and Lightstreamer Web Client 4.1. Such file will work with Server 3.4.2 and Web Client 4.1.1, but not with Server 3.5 or with Web Client 4.2. In the latter case you will need to request a new license.
- Limitations: Each license file is node-locked to one MAC address. Each execution of the Lightstreamer Server process is limited to 3.5 hours. After that time, the Server shuts down and needs to be restarted. Three times per hour, a message is broadcast to all connected clients to notify them that a Development/Test License is in use.
- How to get it: an arbitrary number of Dev/Test licenses can be requested free of charge after a Production license has been purchased.
- How to install it: You will receive a ClientId string and a license file to copy on your installation of Lightstreamer Server.
|
| What Software License Agreement should I agree to in order to download and use Lightstreamer Allegro/Presto/Vivace? |
SOFTWARE LICENSE AGREEMENT
Please read carefully all of the articles of the following
"Lightstreamer" software use license before downloading and
installing the software. Downloading and installing the
software, either directly or through a third party,
manifests your acceptance of all of the terms and conditions
of this use license. If you do not intend to accept the
contents of this contract, you should not download or
install the software. Instead, you should return it to
Weswit S.r.l. or destroy it.
Notwithstanding the fact that the present contract will be
considered accepted and binding as described above, we
encourage you to print and sign two copies of the present
contract and to send one of the copies to the address
indicated below.
1. Use License.
1.1 Weswit S.r.l. (hereafter referred to as "Licensor"),
following acceptance by you of all of the terms and
conditions of the present contract and payment by you of the
agreed upon amount, grants you (hereafter referred to as
"Licensee") this software use license permitting Licensee:
on a non exclusive perpetual basis to use the Software and
the Documentation described in Art. 1.2, Art.1.3 and Art.
1.6 (I) (II) (III) (IV) (V) below; on a non exclusive
limited duration basis to use the Software and the
Documentation described in Art. 1.2, Art.1.3 and in Art 1.6
(VI) (VII) below.
1.2 Software means the 'Lightstreamer' programs (hereafter
referred to as "Lightstreamer" or "Software"), which are the
exclusive property of the Licensor.
1.3 Documentation means all of the documentation related to
the Software, including the use manuals, explanatory notes,
and materials useful for the installation and functionality
supplied by the Licensor to the Licensee, in any format,
paper or electronic, at the moment of the consummation of
the contract (hereafter referred to as "Documentation").
1.4 This license is non-exclusive and not transferable in
any way, including in the form of a sub-license.
1.5 Assistance, maintenance, and updating relating to
Lightstreamer, aside from that for provided at art. 4) of
the present contract, are not a part of the present
contract, as they may be provided for in a further contract
that may be entered into by the parties.
1.6 Lightstreamer and the Documentation can be used only
and exclusively on the number of computers that will be
agreed upon by the parties and for which will be paid the
corresponding sum, according to the obligation and
limitations determined by the type of contract chosen among
the following:
(i) Lightstreamer Allegro, Presto & Vivace Editions,
Node-Locked License (“Per-Server License”). You may install
and use the Lightstreamer Per-Server License for which you
have received from Licensor or Reseller a valid License File
to enable its operation. One license is required for each
machine running Lightstreamer Server (irrespective of the
number of CPUs and concurrent users). Each License File
contains the MAC address of one of the network cards of the
machine on which Lightstreamer Server is installed. One
single instance only of Lightstreamer Server can be executed
on each server machine for each provided License.
(ii) Lightstreamer Allegro, Presto & Vivace Stand-By
Mirror Editions, Node-Locked License (“Stand-By Mirror
Per-Server License”). You may install and use the
Lightstreamer Stand-By Mirror Per-Server License for which
you have received from Licensor or Reseller a valid License
File to enable its operation. The Stand-By Mirror Per-Server
License is to be used solely for the purpose of deploying a
mirror stand-by server in conjunction with a valid
Per-Server License. The Per-Server Mirror License must be
used only for disaster recovery purpose and not to balance
users connections . The Stand-By Mirror Per-Server License
must be installed at a different address from the Per-Server
License associated with it. One license is required for each
machine running Lightstreamer Server (irrespective of the
number of CPUs and concurrent users). Each License File
contains the MAC address of one of the network cards of the
machine on which Lightstreamer Server is installed. One
single instance only of Lightstreamer Server can be executed
on each server machine for each provided License.
(iii) Lightstreamer Allegro, Presto & Vivace Editions,
Site License (“Site License”). You may install and use the
Lightstreamer Site License for which you have received from
Licensor or Reseller a valid License File to enable its
operation. Each Site License is for an installation on a
single geographical site (on an arbitrary number of machines
located on that site). This means that all the machines can
be in different offices but must be based at the same
address. These licenses may not be split over different
Sites. A Site License defines the maximum number of
concurrent Lightstreamer Sessions that the cluster of
Lightstreamer Servers will allow. A Local License Server is
provided, which is bound to a specific MAC address through
the Site License File (plus a hot stand-by backup Local
License Server, bound to a different MAC address). All the
machines on which Lightstreamer Server is installed will
access the Local License Server to check and limit the
overall number of concurrent Sessions. As an alternative,
the Licensor can choose not to provide the Local License
Server and has the right to audit, no more than once every
three months, Licensee’s use of Lightstreamer, through the
Audit Log Files.
(iv) Lightstreamer Allegro, Presto & Vivace Stand-By
Mirror Editions, Site License (“Stand-By Mirror Site
License”). You may install and use the Lightstreamer
Stand-By Mirror Site License for which you have received
from Licensor or Reseller a valid License File to enable its
operation. The Stand-By Mirror Site License is to be used
solely for the purpose of deploying a mirror stand-by site
in conjunction with a valid Site License. The Stand-By
Mirror Site License must be used only for disaster recovery
purposes and not to balance user connections. The Stand-By
Mirror Site License is for an installation on a single
geographical site (on an arbitrary number of machines
located on that site). This means that all the machines can
be in different offices but must be based at the same
address. These licenses may not be split over different
Sites. The Stand-By Mirror Site License must be installed at
a different address from the Site License associated with
it. A Stand-By Mirror Site License defines the maximum
number of concurrent Lightstreamer Sessions that the cluster
of Lightstreamer Servers will allow. A Local License Server
is provided, which is bound to a specific MAC address
through the Site License File (plus a hot stand-by backup
Local License Server, bound to a different MAC address). All
the machines on which Lightstreamer Server is installed will
access the Local License Server to check and limit the
overall number of concurrent Sessions. As an alternative,
the Licensor can choose not to provide the Local License
Server and has the right to audit, no more than once every
three months, Licensee’s use of Lightstreamer, through the
Audit Log Files.
(v) Lightstreamer Allegro, Presto & Vivace Editions,
Development and Test License (“Development License”). You
may install and use the Lightstreamer Development License
for which you have received from Licensor or its Reseller a
valid License File to enable its operation. The Development
License is to be used solely for the purpose of developing a
prototype of Licensee’s application, and not for any other
purpose. If you use Lightstreamer under this license for any
internal data processing or for any commercial or production
purposes, or you want to use Lightstreamer for any purpose
other than as permitted under this agreement, you must
contact the Licensor or a Reseller to obtain the appropriate
license. Licensor may audit Licensee’s use of Lightstreamer.
One license is required for each machine running
Lightstreamer Server. A Lightstreamer Development License
has the following limitations:
- each execution of the Lightstreamer Server process is
limited to 3.5 hours. After this time, the Server shuts down
and needs to be restarted
- three times an hour, a message is broadcast to all
connected clients to notify them that a Development License
is in use.
(vi) Lightstreamer Allegro, Presto & Vivace Editions, Demo
License (“Demo License”). You may install and use the
Lightstreamer Demo License for which you have received from
Licensor or its Reseller a valid License File to enable its
operation. The Demo License is to be used solely for the
purpose of demonstrating a prototype of Licensee’s
application, and not for any other purpose. If you use
Lightstreamer under this license for any internal data
processing or for any commercial or production purposes, or
you want to use Lightstreamer for any purpose other than as
permitted under this agreement, you must contact the
Licensor or a Reseller to obtain the appropriate license.
Licensor may audit Licensee’s use of Lightstreamer. One
license is required for each machine running Lightstreamer
Server. A Lightstreamer Demo License has the following
limitations:
- the license has an expiration date, after which
Lightstreamer Server stops working; attempts to use the
license after its expiration are prohibited
- the allowed maximum number of concurrent Lightstreamer
Sessions is limited at Licensor’s discretion (the usual
limit is five).
(vii) Lightstreamer Evaluation License (“Evaluation
License”). You may install and use the Lightstreamer
Evaluation License for which you have received from Licensor
or Reseller a valid License Key (“ClientID”) to enable its
operation. The Lightstreamer Evaluation License is to be
used solely for the purpose of designing, developing and
testing Lightstreamer Adapters and Clients. Licensor may
audit Licensee’s use of Lightstreamer. The Lightstreamer
Evaluation License has an expiration date controlled by
Licensor. In order to check the license validity and enable
its use, Lightstreamer will need to perform a connection to
Licensor’s servers through the Internet at each start-up and
then once a day. The duration of an Evaluation License is
usually thirty (30) days from the date of ClientID delivery,
but it can be reduced or extended at Licensor’s discretion.
Licensee is responsible to hold in confidence the assigned
CliendID and not to disclose to any person other than
directly concerned with purposes of the evaluation.
2. Consented Uses and Restrictions.
2.1 Lightstreamer and the Documentation are the exclusive
property of the Licensor and are protected, as are all of
the connected and related rights, by Copyright and
applicable Intellectual Property laws.
2.2 Lightstreamer and all of the Documentation given by the
Licensor to the Licensee are to be considered reserved and
confidential. Upon termination of the present contract,
except as provided by law, none of the materials and
Documentation can be kept and used in any manner and must be
destroyed.
2.3 Licensee agrees to use Lightstreamer respecting all of
the applicable laws in the jurisdiction where the Software
will be used, and complying with all laws in force,
including but not limited to those related to Copyright and
Intellectual Property rights.
2.4 Except as provided for by contract or by law, Licensee
shall not make any copies of Lightstreamer.
2.5 Licensee cannot decode, decompile, disassemble or
modify Lightstreamer, or create derivations based on the
Software other than as permitted by law. The Licensee shall
not make known any program benchmark test without prior
consent of the Licensor.
2.6 By the present contract, the Licensor gives in license
solely and exclusively to the Licensee the right to use the
Software. No other right, including those related to
trademarks, names, logos or anything else recognizable as a
distinctive sign, present in the Software or in the
Documentation, is given in license by the Licensor to the
Licensee.
3. Trademarks and Logos.
3.1 Licensee accepts and recognized that the Licensor is
the sole and exclusive owner of the Lightstreamer trademark
and logos related to it.
3.2 Licensee has no right in relation to the use of such
distinctive signs, and cannot remove them, modify them or
use them autonomously.
4. LIMITED WARRANTIES; DISCLAIMER.
4.1 The Company warrants that:
4.1.1 its title to and property in the Software and
Documentation is free and unencumbered and that it has the
right power and authority to license the same upon the terms
and conditions of this agreement;
4.1.2 the media upon which the Software and Documentation
are stored will for a period of 90 days from delivery be
free from defects in materials design and workmanship;
4.1.3 the Software will for a period of 90 days from
delivery perform in all material respects accordance with
the Documentation.
4.1.4 it is not aware of any right belonging to a third
party that would result in the Software, Documentation or
any other product or service rendered by the Licensee as
violating any possible third party rights, including
Copyrights, Patents, Trademarks or any other right.
4.1.5 Licensee must inform Licensor in writing during the
Warranty Period (90 days from delivery date) if the Software
does not operate as warranted and provide to Licensor such
information and material as Licensor may reasonably request
to document and reproduce such problem and to verify that
any proposed solution corrects the problem. This warranty
shall not apply to any bug, problem or defect resulting from
any of the following: (i) any equipment, materials, products
or software not provided by Licensor; (ii) Licensor’s
compliance with designs, plans or specifications provided by
Licensee to Licensor; (iii) any unauthorized repair,
adjustment, modification or alteration to the Software by
Licensee or any third party; (iv) any refusal by Licensee to
install or to use a remedy, update, or replacement version
of the Software offered by Licensor to Licensee; (v) any use
of the Software not in accordance with the Documentation;
(vi) any neglect, accident or misuse of the Software, or
(vii) any malfunction that is not attributable to the
Software.
4.2 Exclusive Remedies. If there is a breach by Licensor of
the warranty set forth in Section 4, Licensee’s exclusive
remedy and Licensor’s sole obligation shall be (with the
exception of contract types 1.6 (vi) and (vii) ) to: (i)
modify the Documentation to accurately reflect the actual
operation of the Software if there is merely a transcription
error in the Documentation; (ii) modify the Software to
conform to the Documentation unless the Documentation is in
error; or (iii) provide a like-for-like workaround solution
which shall meet Licensee’s reasonable requirements. If
neither of the foregoing is determined by Licensor in its
sole and absolute discretion to be commercially feasible,
Licensor shall have the right to refund the Software
licensee fees paid by Licensee under this agreement and to
terminate this Agreement with no further liability to
Licensee. In any event, Licensor shall not be held
responsible for any damages, direct or indirect, of any
type, that may be suffered by the Licensee or third parties.
4.3 To the fullest extent provided by law, and save as set
out above, the Licensor assumes no responsibility and offers
and recognized no guarantee, of any kind or nature, whether
direct or indirect, explicit or implicit, for the Software,
Documentation or any other product or service provided by
Licensor to the Licensee, including but not limited to,
guarantees related to the quality, saleability, accuracy,
peaceful possession, and fitness for a particular purpose of
the Software or of the Documentation.
4.4 Licensee shall immediately inform the Licensor of any
claim or action made against the Licensee by a third party
that the normal and correct operation possession or use of
the Software or Documentation by the Licensee infringes the
patent, copyright, registered design or trademark rights of
any third party.
4.5 Licensee shall cooperate in and collaborate with the
Licensor in the defence of any claim or action made against
the Licensee, the Licensor or about Software or
Documentation.
4.6 In any case, Licensor will neither indemnify nor hold
harmless the Licensee on demand against any damages
(including costs) that may be awarded or agreed to be paid
to any third party in respect of any claim or action about
infringement of patent, copyright, registered design or
trademark rights of any third party.
4.7 Licensor shall have no liability to the Licensee in
respect of any breach of the Licensee’s obligations under
this agreement.
4.8 Save as set out above, the Licensor neither claims nor
guarantees that the functions contained in the Software will
satisfy the requests, expectation or needs of the Licensee
and possible third parties or that the functioning of the
Software is continual, and without errors and defects.
4.9 Save as set out above, the Licensor makes no guarantees
regarding the use or any results deriving from the use of
the Software and Documentation with respect to their
correctness, accuracy, trustworthiness or in any other way.
4.10 The Software and Documentation are granted under
license and supplied by the Licensor and accepted by the
Licensee, who has evaluated their appropriateness for his
needs, as is. Save as set out above, the Licensee assumes
every risk and responsibility with respect to the choice,
installation and use of the Software and Documentation and
their results.
4.11 Save as set out above, the Licensor has no obligations
or responsibilities and makes no guarantees, aside from
those expressly and specifically assumed or made in this
contract.
5. Limitation of Responsibility.
5.1 Save as set out above, the Licensor is not responsible
for, and is expressly relieved from liability for, any
damages suffered by the Licensee, those direct, indirect,
incidental, consequential, of any kind or nature, arising
out of or related to the present contract, the Software
and/or Documentation.
5.2 Save as set out above, the Licensee recognizes and
accepts that the Licensor is not in any way responsible for
any use of the Software and/or the Documentation by the
Licensee and/or for the consequences of such use, including
but not limited to, if such use results in obtaining
materials that violate the rights of third parties, is
imprecise, obscene, indecent, threatening, offensive,
defamatory, illicit, illegal or otherwise.
5.3 The Licensee recognizes and accepts that the Licensor
is not responsible for possible malfunctions provoked by the
Software or resulting from possible incompatibility between
the Software and/or Documentation and hardware and for other
possible delays or problems of functionality.
5.4 Where the applicable law does not allow for the
applicability of the exclusions and limitations of
responsibility contained in the present articles 4 and 5, in
no event shall the limit of responsibility and compensation
on the part of the Licensor to the Licensee, in any way, for
any and all damage, loss and for any other cause, shall not
exceed, in total, the amount paid as Software licensee fees.
6. Termination of the contract.
6.1 The Licensor reserves the right to terminate the
present contract in the event of breach by the Licensee of
any of the undertakings or obligations assumed under the
present contract; in particular, breach by the Licensee of
any of these undertakings and obligations will result in the
immediate termination of the contract upon the simple
declaration by the Licensor to avail himself of Italian
Civil Code Art. 1456. However, the right of the Licensor to
take action necessary to obtain compensation for the damages
possibly suffered shall remain. In the event of breach by
the Licensee of any of the undertakings or obligations
assumed under the present contract, the Licensee has thirty
(30) calendar days following notification in writing by
Licensor to arrange an acceptable remedy
and notify the Licensor.
6.2 Any termination of this contract pursuant to this
clause shall be without prejudice to any other rights or
remedies a party may be entitled to under this agreement or
at law and shall not affect any accrued rights or
liabilities of either party nor the coming into or
continuance in force of any provision of this agreement
which is expressly or by implication intended to come into
or continue in force on or after such termination. In any
case, the possible termination of the contract will not
result in the obligation of restitution of any amounts
already paid and will not produce effects regarding the
services already performed, nor will it eliminate the right
of the Licensor to receive other possible payments still
due. In the event that the termination occurs in the
warranty period, the licensee fee will be proportional with
the duration of the contract.
6.3 At the moment of termination of the contract or at the
end of the contract term, the Licensee shall cease any and
all use of the Software and Documentation and destroy the
Software and Documentation, except as provided by law.
7. Applicable Law and Competent Forum.
7.1 The validity, execution and interpretation of the
present contract will be regulated according to the laws of
the Italian Republic. Any controversy between the parties
relating to or resulting from the present contract will be
heard exclusively before the Court of Milan.
8. Miscellaneous
8.1 The possible nullity of one or more of the clauses of
the present contract will not invalidate the other clauses.
The possible nullity of one or more of the clauses of the
present contract will not result in the invalidity of the
contract as a whole. In any case, the contracting parties
undertake, in good faith, to use their best efforts in order
to remedy the nullity of the single clauses and to
substitute the invalid parts with valid ones of equivalent
or similar content.
8.2 The present contract substitutes any and all past
negotiations, obligations and agreements such that all of
the conduct of an obligations assumed by the parties will be
regulated by the present contract.
8.3 Any modification or integration of the contents of the
present contract must be agreed upon in writing and signed
by the legal representatives of the parties.
8.4 The Licensor reserves the right to access and/or make
known information regarding the Licensee, including the
contents of communications, in order to comply with the law
or respond to a lawsuit; assure the fulfillment of the
present contract by the Licensee; protect its rights in the
Software, Documentation or anything else deriving from
and/or related to the present contract.
8.5 All communications, statement and/or other
announcements made on the base or as foreseen by the present
contract shall be sent to the Licensor at: WESWIT S.r.l.,
Via Campanini, 6 - 20124 - Milano - Italy, tel.
+39.02.667321 - fax. +39.02.66732300, e-mail:
info@lightstreamer.com.
LICENSOR
Place ________________________________________
Date ________________________________________
Name ________________________________________
Position ________________________________________
Signature ________________________________________
LICENSEE
Place ________________________________________
Date ________________________________________
Name ________________________________________
Position ________________________________________
Signature ________________________________________
As per Italian Civil Code Arts. 1341 and 1342 et seq., the
parties declare that they have read carefully, understand,
and specifically approve the following clauses: 1.1, 1.4,
1.6, 2.2, 2.3, 2.4, 2.5, 4.1.5, 4.2, 4.3, 4.4, 4.5, 4.6,
4.7, 4.8, 4.9, 4.10, 4.11, 5.1, 5.2, 5.3, 5.4, 6.1, 6.2,
6.3, 7.1, 8.4.
LICENSOR
Place ________________________________________
Date ________________________________________
Name ________________________________________
Position ________________________________________
Signature ________________________________________
LICENSEE
Place ________________________________________
Date ________________________________________
Name ________________________________________
Position ________________________________________
Signature ________________________________________
(2009-09 Lightstreamer SLA Allegro-Presto-Vivace)
|
| What Software License Agreement should I agree to in order to download and use Lightstreamer Moderato? |
SOFTWARE USE LICENSE
Please read carefully all of the articles of the following
"Lightstreamer" software use license before downloading and
installing the software. Downloading and installing the
software, either directly or through a third party, manifests
your acceptance of all of the terms and conditions of this use
license. If you do not intend to accept the contents of this
contract, you should not download or install the software.
Instead, you should return it to Weswit S.r.l. or destroy it.
Notwithstanding the fact that the present contract will be
considered accepted and binding as described above, we encourage
you to print and sign two copies of the present contract and to
send one of the copies to the address indicated below.
1. Use License.
1.1 Weswit S.r.l. (hereafter referred to as "Licensor"),
following acceptance by you of all of the terms and conditions
of the present contract and payment by you of the agreed upon
amount, grants you (hereafter referred to as "Licensee") this
software use license permitting Licensee on a non exclusive
perpetual basis to use the Software described in Art. 1.2 below
and the Documentation described in Art. 1.3 below.
1.2 Software means the 'Lightstreamer' program (hereafter
referred to as "Lightstreamer" or "Software"), which is the
exclusive property of the Licensor.
1.3 Documentation means all of the documentation related to the
Software, including the use manuals, explanatory notes, and
materials useful for the installation and functionality supplied
by the Licensor to the Licensee, in any format, paper or
electronic, at the moment of the consummation of the contract
(hereafter referred to as "Documentation").
1.4 This license is non-exclusive and not transferable in any
way, including in the form of a sub-license.
1.5 Assistance, maintenance, and updating relating to
Lightstreamer, aside from that for provided at art. 4) of the
present contract, are not a part of the present contract, as
they may be provided for in a further contract that may be
entered into by the parties.
1.6 Lightstreamer and the Documentation can be used only and
exclusively on the number of computers that will be agreed upon
by the parties, according to the obligation and limitations
determined by the following contract:
Lightstreamer Moderato Edition, Free License (“Free License”).
You may install and use the Lightstreamer Free License
for which you have received from Licensor or
Reseller a valid License File to enable its operation.
One license is required for each machine running
Lightstreamer Server (irrespective of the number of CPUs and
concurrent users). But only one instance of Lightstreamer Server
installed on only one machine (node) can be executed for each
web application. This means that clustering and fail-over
capabilities are explicitly prohibited. Each License File
contains the MAC address of one of the network cards of the
machine on which Lightstreamer Server is installed. A Free
License can be used to add Lightstreamer’s functionalities to
any legal service or product, provided that:
- the license is generated by the Licensor;
- the “Lightstreamer Live Data Delivery” Logo (available from
the Download page of the Lightstreamer site) and a link to
“www.lightstreamer.com” are prominently displayed on the web
application and in all the materials related to the service
or product. Further, for all parts of the service or product
that use Lightstreamer, the integrator must clearly and prominently
indicate that all Copyrights related to it are the sole and exclusive
property of Weswit S.r.l. The generation of Free Licenses could be
discontinued at any time at Licensor’s discretion.
2. Consented Uses and Restrictions.
2.1 Lightstreamer and the Documentation are the exclusive
property of the Licensor and are protected, as are all of the
connected and related rights, by Copyright and applicable
Intellectual Property laws.
2.2 Lightstreamer and all of the Documentation given by the
Licensor to the Licensee are to be considered reserved and
confidential. Upon termination of the present contract, except
as provided by law, none of the materials and Documentation can
be kept and used in any manner and must be destroyed.
2.3 Licensee agrees to use Lightstreamer respecting all of the
applicable laws in the jurisdiction where the Software will be
used, and complying with all laws in force, including but not
limited to those related to Copyright and Intellectual Property
rights.
2.4 Except as provided for by contract or by law, Licensee shall
not make any copies of Lightstreamer.
2.5 Licensee cannot decode, decompile, disassemble or modify
Lightstreamer, or create derivations based on the Software other
than as permitted by law. The Licensee shall not make known any
program benchmark test without prior consent of the Licensor.
2.6 By the present contract, the Licensor gives in license
solely and exclusively to the Licensee the right to use the
Software. No other right, including those related to trademarks,
names, logos or anything else recognizable as a distinctive
sign, present in the Software o in the Documentation, is given
in license by the Licensor to the Licensee.
3. Trademarks and Logos.
3.1 Licensee accepts and recognized that the Licensor is the
sole and exclusive owner of the Lightstreamer trademark and
logos related to it.
3.2 Licensee has no right in relation to the use of such
distinctive signs, and cannot remove them, modify them or use
them autonomously.
4. LIMITED WARRANTIES; DISCLAIMER.
4.1 The Software and Documentation are licensed "AS IS". The
Licensor disclaims any and all warranties, whether express or
implied, including without limitation, any implied warranties of
merchantability or fitness for a particular purpose. The
Licensor does not warrant the functions contained in the
Software will meet any requirement or needs the Licensee may
have, or that the Software will operate error free, or in an
uninterrupted fashion, or that the Software is compatible with
any particular platform. The Licensor makes no guarantees
regarding the use or any results deriving from the use of the
Software and Documentation with respect to their correctness,
accuracy, trustworthiness or in any other way.
4.2 Licensee shall immediately inform the Licensor of any claim
or action made against the Licensee by a third party that the
normal and correct operation possession or use of the Software
or Documentation by the Licensee infringes the patent,
copyright, registered design or trademark rights of any third
party.
4.3 Licensee shall cooperate in and collaborate with the
Licensor in the defence of any claim or action made against the
Licensee, the Licensor or about Software or Documentation.
4.4 In any case, Licensor will neither indemnify nor hold
harmless the Licensee on demand against any damages (including
costs) that may be awarded or agreed to be paid to any third
party in respect of any claim or action about infringement of
patent, copyright, registered design or trademark rights of any
third party.
4.5 Licensor shall have no liability to the Licensee in respect
of any breach of the Licensee’s obligations under this
agreement.
4.6 The Licensee assumes every risk and responsibility with
respect to the choice, installation and use of the Software and
Documentation and their results.
5. Limitation of Responsibility.
5.1 Save as set out above, the Licensor is not responsible for,
and is expressly relieved from liability for, any damages
suffered by the Licensee, those direct, indirect, incidental,
consequential, of any kind or nature, arising out of or related
to the present contract, the Software and/or Documentation.
5.2 Save as set out above, the Licensee recognizes and accepts
that the Licensor is not in any way responsible for any use of
the Software and/or the Documentation by the Licensee and/or for
the consequences of such use, including but not limited to, if
such use results in obtaining materials that violate the rights
of third parties, is imprecise, obscene, indecent, threatening,
offensive, defamatory, illicit, illegal or otherwise.
5.3 The Licensee recognizes and accepts that the Licensor is
not responsible for possible malfunctions provoked by the
Software or resulting from possible incompatibility between the
Software and/or Documentation and hardware and for other
possible delays or problems of functionality.
5.4 Where the applicable law does not allow for the
applicability of the exclusions and limitations of
responsibility contained in the present articles 4 and 5, in no
event shall the limit of responsibility and compensation on the
part of the Licensor to the Licensee, in any way, for any and
all damage, loss and for any other cause, shall not exceed, in
total, the amount paid as Software licensee fees.
6. Termination of the contract.
6.1 The Licensor reserves the right to terminate the present
contract in the event of breach by the Licensee of any of the
undertakings or obligations assumed under the present contract;
in particular, breach by the Licensee of any of these
undertakings and obligations will result in the immediate
termination of the contract upon the simple declaration by the
Licensor to avail himself of Italian Civil Code Art. 1456.
However, the right of the Licensor to take action necessary to
obtain compensation for the damages possibly suffered shall
remain.
6.2 The Licensee may terminate the present contract at any time
by deletion of all copies of the Software and Documentation from
Licensee’s computer system.
6.3 Any termination of this contract pursuant to this clause
shall be without prejudice to any other rights or remedies a
party may be entitled to under this agreement or at law and
shall not affect any accrued rights or liabilities of either
party nor the coming into or continuance in force of any
provision of this agreement which is expressly or by implication
intended to come into or continue in force on or after such
termination.
6.4 At the moment of termination of the contract or at the end
of the contract term, the Licensee shall cease any and all use
of the Software and Documentation and destroy the Software and
Documentation, except as provided by law.
7. Applicable Law and Competent Forum.
7.1 The validity, execution and interpretation of the present
contract will be regulated according to the laws of the Italian
Republic. Any controversy between the parties relating to or
resulting from the present contract will be heard exclusively
before the Court of Milan.
8. Miscellaneous
8.1 The possible nullity of one or more of the clauses of the
present contract will not invalidate the other clauses. The
possible nullity of one or more of the clauses of the present
contract will not result in the invalidity of the contract as a
whole. In any case, the contracting parties undertake, in good
faith, to use their best efforts in order to remedy the nullity
of the single clauses and to substitute the invalid parts with
valid ones of equivalent or similar content.
8.2 The present contract substitutes any and all past
negotiations, obligations and agreements such that all of the
conduct of an obligations assumed by the parties will be
regulated by the present contract.
8.3 Any modification or integration of the contents of the
present contract must be agreed upon in writing and signed by
the legal representatives of the parties.
8.4 The Licensor reserves the right to access and/or make known
information regarding the Licensee, including the contents of
communications, in order to comply with the law or respond to a
lawsuit; assure the fulfillment of the present contract by the
Licensee; protect its rights in the Software, Documentation or
anything else deriving from and/or related to the present
contract.
8.5 All communications, statement and/or other announcements
made on the base or as foreseen by the present contract
shall be sent to the Licensor at: WESWIT S.r.l., Via
Campanini, 6 - 20124 - Milano - Italy, tel. +39.02.667321 -
fax. +39.02.66732300, e-mail: info@lightstreamer.com.
LICENSOR
Place ________________________________________
Date ________________________________________
Name ________________________________________
Position ________________________________________
Signature ________________________________________
LICENSEE
Place ________________________________________
Date ________________________________________
Name ________________________________________
Position ________________________________________
Signature ________________________________________
As per Italian Civil Code Arts. 1341 and 1342 et seq., the
parties declare that they have read carefully, understand,
and specifically approve the following clauses: 1.1, 1.4,
1.6, 2.2, 2.3, 2.4, 2.5, 4.1.5, 4.2, 4.3, 4.4, 4.5, 4.6,
4.7, 4.8, 4.9, 4.10, 4.11, 5.1, 5.2, 5.3, 5.4, 6.1, 6.2,
6.3, 7.1, 8.4.
LICENSOR
Place ________________________________________
Date ________________________________________
Name ________________________________________
Position ________________________________________
Signature ________________________________________
LICENSEE
Place ________________________________________
Date ________________________________________
Name ________________________________________
Position ________________________________________
Signature ________________________________________
|
| How can I know the MAC address of my server? |
In order to obtain a free license for Lightstreamer Moderato or a commercial license for Lightstreamer Allegro/Presto/Vivace, you need to specify the MAC address of any network adapter of your server machine.
To find out a MAC address of your machine follow the steps below.
WINDOWS Platform
- Click on START, and then click on RUN.
- The RUN dialogue box will appear. Type CMD and press ENTER.
- A DOS window will appear. This is also commonly called a Command Prompt.
- Now type IPCONFIG /ALL at the command prompt and hit ENTER. This window will now display the configuration of all of your network adapters. If you have multiple network adapters in your computeryou'll see multiple addresses.
- Now look for the Physical Address of any of the network adapters. It should look something like 00-35-CE-F5-AB-56.
Linux/UNIX Platform
- Obtain a command shell. This will vary greatly by implementation. If you are using a graphical environment such as KDE or GNOME, then look in the dock, taskbar, or program menus for Xterm, Shell, Terminal, Command Prompt, or similar. If your computer leaves you with a text screen after starting up, you probably already have a command shell.
- Type /sbin/ifconfig -a at the shell prompt, then press Enter.
- Note: If you see an error message to the effect of "permission denied", then instead enter su -c "/sbin/ifconfig -a" at the shell prompt, and enter the password for the "root" user if asked for it.
- The window will now display the configuration of all of your network adapters. If you have multiple network adapters in your computer you'll see multiple addresses.
- Now look for the HWAddr of any of the network adapters. It should look something like 00:35:CE:F5:AB:56.
Mac OS X Platform
- Open 'System Preferences' (usually found in the Dock) and select Network. Pick a location and specify the interface whose MAC address is desired in the Show: drop down list. For 'Built-in Ethernet', select the Ethernet tab. Read the MAC address labeled 'Ethernet ID:'. It should look something like 00:35:CE:F5:AB:56.
|
| The Server does not recognize my MAC address, why? |
| If you are usign Java 1.4 or Java 5, your network card needs to actually be connected to a network so that the MAC address can be read. If you are using Java 6 or greater, you don't need a connected network to validate the MAC address. |
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