The Software Product may contain third party software subject to specific license requirements. The tables below outline any such dependencies per product and version. In addition to commercial third party software the Software Product may also contain Open Source products. The acknowledgement for the use of such Open Source products can be found here.
|Trading Product||Version||Third Party Software|
|Orc Trader||7.1 or earlier||IBM Informix Dynamic Server|
|Orc Trader||8.0 or later||IBM Informix Dynamic Server|
|Orc Trader Pro|
|Orc Trader Lite|
|Orc Trader Risk|
|Orc Liquidator||8.0 or later|
|Orc Tbricks||2.7 or later||
WiredTiger Data Engine
|2.8 or later||OneTick Database|
(packaged with Trading Products up until version 8.0)
|8.0 or later||IBM Informix Dynamic Server|
|Orc Gateways*||1.5||IBM Informix Dynamic Server|
|Orc CameronFIX||6.3 or earlier|
* Orc Gateways can use one of the same instances of IBM Informix Dynamic Server (“Informix”) that is also used by the Trading Products. This is the typical and assumed deployment scenario. In the event the Customer chooses to run instances of Informix on servers that only run Orc Gateways, or on servers that do not run any Orc products, the Customer is required to report the total number of such servers to Orc Software as that will affect the number of Informix licenses required. Please note that IBM Informix Connect (I-Connect) does not require a license.
The RDBMS IBM Informix Dynamic Server (“Informix”) may only be installed and used together with, and may only be accessed through, the Software Product. Use is further restricted by the type of license acquired. These restrictions and license requirements may be changed from time to time and the up to date terms are set forth in a) the License Information Document found at: http://www-03.ibm.com/software/sla/sladb.nsf/search, b) the Informix Program’s “NOTICES” file (or any substantially similar title), c) any file or files referenced in such “NOTICES” file, and d) any file or files contained in or accompanying third party code and entitled “README”, “COPYING”, “NON-IBM LICENSE”, or any substantially similar title. It is Customer’s responsibility to determine the appropriate license for the Customer’s set up and to ensure that Customer’s use of Informix is in compliance with the terms and conditions set forth in the aforementioned a)-d).
Informix licenses purchased under Orc Software’s OEM agreement with IBM are not subject to the minimum license requirements that are stipulated in the License Information Document.
The following terms shall, with respect to WiredTiger Data Engine (such Third Party Software is hereinafter referred to as the “Licensed Software”), form part of the Orc Software License Agreement as set forth therein. Any capitalized term shall have the meaning ascribed to it in the Orc Software License Agreement, unless the context otherwise requires.
1. Limited License and Restrictions
Orc grants to Customer a limited, non-exclusive, non-transferable license to use theLicensed Software solely as part of the Software Product, and at all times in accordance with the terms set forth herein.
Customer will not (and will not permit any third party to) (a) decompile, disassemble, translate, reverse engineer, or otherwise attempt to derive source code from any encrypted or encoded portion of the Licensed Software, in whole or in part, nor will Customer use any mechanical, electronic, or other method to trace, decompile, disassemble, or identify the source code of the Licensed Software (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions), (b) sell, sublicense, rent, lease, distribute, market, or commercialize the Licensed Software for any purpose, including timesharing or service bureau purposes, (c) create, develop, license, install, use, or deploy any third party software or services to circumvent, enable, modify or provide access, permissions or rights which violate the technical restrictions of the Licensed Software, (d) remove any product identification, proprietary, copyright or other notices contained in the Licensed Software, (e) modify or create a derivative work of any encrypted or encoded portion of the Licensed Software, or any other portion of the Licensed Software, or (f) publicly disseminate performance information or analysis, including, without limitation, benchmarking test results. The Licensed Software may include individual open source software components, each of which is governed by the applicable open source license. Customers will not (i) use the Licensed Software other than on Servers and as part of the Software Product; (ii) change any proprietary rights notices which appear in the Licensed Software or Documentation; (iii) modify the Licensed Software, or (iv) use the Licensed Software as part of a commercial time-sharing or service bureau operation or in any other resale capacity. A Server means (a) a single machine (dedicated server or server blade) with no more than 512GB of RAM that stores data, or (b) if the deployment is a set of instances running in a public cloud, each such instance that stores up to 512GB of data.
MongoDB Limited retains ownership of all intellectual property and proprietary rights in the Licensed Software, Documentation, and related works, including, but not limited to, derivative work of any of the foregoing.
4. Warranty Disclaimer
EXCEPT FOR ANY EXPRESS LIMITED WARRANTY OFFERED BY ORC FOR WHICH END USER’S REMEDY IS LIMITED TO REPAIR REPLACEMENT OR REFUND, THE LICENSED SOFTWARE IS PROVIDED “AS IS”, AND NEITHER MONGODB LIMITED NOR ORC MAKE ANY WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO THE LICENSED SOFTWARE OR ANY SERVICES, AND MONGODB LIMITED AND ORC DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitation of Damages and Remedies
IN NO EVENT WILL MONGODB LIMITED BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE LICENSED SOFTWARE. MONGODB LIMITED WILL NOT BE LIABLE FOR LOSS OR INACCURACY OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, SYSTEM DOWNTIME, GOODWILL, PROFITS OR OTHER BUSINESS LOSS, REGARDLESS OF LEGAL THEORY, EVEN IF MONGODB LIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE TOTAL LIABILITY OF MONGODB LIMITED TO CUSTOMER, INCLUDING BUT NOT LIMITED TO DAMAGES OR LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, INFRINGEMENT OR OTHERWISE, WILL NOT IN ANY EVENT EXCEED THE FEES PAID BY CUSTOMER WITH RESPECT TO THE LICENSED SOFTWARE.
THE PARTIES AGREE THAT THE LIMITATIONS OF THIS SECTION ARE ESSENTIAL AND THAT MONGODB LIMITED WOULD NOT PERMIT END USER TO USE THE LICENSED SOFTWARE ABSENT THE TERMS OF THIS SECTION. THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY REMEDY SPECIFIED HEREIN WILL BE FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. Export Compliance
Customer acknowledges that Licensed Software is subject to export and import restrictions by certain foreign governments, and Customer will comply with all applicable export laws and regulations.
7. Government Users
If the Customer is an agency, department, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of this software, or any related documentation of any kind, including technical data and manuals, is restricted by a license agreement or by the terms of this contract in accordance with Federal Acquisition Regulation 12.212 for civilian purposes and Defense Federal Acquisition Regulation Supplement 227.7202 for military purposes. Licensed Software was developed fully at private expense. All other use is prohibited.
8. Termination and Survival
Upon any termination of the Orc Software License Agreement, Customer will not be entitled to receive any of the other benefits offered by Orc or MongoDB Limited with respect to Licensed Software (such as maintenance and support). The terms set forth herein in the sections entitled Restrictions, Ownership, Confidentiality, Warranty Disclaimer, Limitation of Damages and Remedies and Export Compliance will survive any termination of the Orc Software License Agreement.