Terms and Conditions

By using the Hibernating Rhinos Ltd websites you are deemed to have read and agreed to the terms and conditions:

Welcome to the Hibernating Rhinos Ltd sites (the "Site"). Through the Site, you will have access to resources and content which includes: (a) software and software service offerings ("software"); (b) Web pages, data, messages, text, images, photographs, graphics, audio and video such as podcasts and documents such as press releases, articles, newsletters ("Materials"); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, which you can upload, download, share, email, post, publish, transmit or otherwise access or make available Content (as defined below) ("Community Services"). Software, Materials, Community Services, and other information, content and services are collectively referred to as "Content."

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Customer", “You” and “Your” refers to you, the person accessing this website and accepting Hibernating Rhino's Ltd terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our Company are terms of a legal agreement between you ("You" or "Your") and Hibernating Rhinos Ltd. By accessing or using our Site or Content provided on or through the Sites, you agree to follow and be bound by the following terms and conditions concerning your access to and use of the Site and the Content provided ("Terms of Use") and our Privacy Policy. Hibernating Rhinos reserves the right to revise the Terms of Use and Privacy Policy at any time without notice and effective when posted.

Privacy Statement

We're committed to protecting your privacy. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services, promotions and products. We implement a variety of security measures to maintain the safety of your personal information when you enter, submit, or access your personal information.

This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses

Disclaimer of Warranty

The site, and all the content provided on or through the site, are provided on an "As Is" and "As Available" basis. Under no circumstances, shall Hibernating Rhinos Ltd, or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, its websites or material. The website may contain technical inaccuracies or typographical errors. The content of any documents on this website are believed to be current and accurate as of their publication dates. Hibernating Rhinos Ltd. makes not warranty that:

  1. The site or content will meet your requirements.
  2. The site will be available on a timely, secure and error-free basis.
  3. The results obtained from use of the site or any content will be accurate or reliable.
  4. The quality of any content purchased or obtained through the site will meet your expectations.
  5. The content accessed, downloaded or obtained through the site is used at your own discretion and risk.
  6. Hibernating Rhinos does not incur responsibility for any damages to the mentioned list below as a result from download or use of content:
    1. Loss or damage to data.
    2. Loss of business profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss).
    3. Damage caused to your computer, computer software, systems and programs and the data thereon.
    4. Or any other direct or indirect, consequential and incidental damages..

Hibernating Rhinos reserves the right to make changes or update to and monitor the use of the site and content provided on or through the site at any time without notice.

Payment

We accept all major Credit Cards, Bank Transfers as all acceptable methods of payment through Plimus. Our Terms are payment in full for all services and products. Any other form of payment is subject to approval by Hibernating Rhinos.

Cancellation Policy

Notice of cancellation required. Notification for instance, in person, via email and/or fax, or any other means will be accepted subject to confirmation in writing.

Termination of Agreements and Refunds Policy

Notice of cancellation required. Notification for instance, in person, via email and/or fax, or any other means will be accepted subject to confirmation in writing.

Cookies

Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to understand and save your preferences for future visits.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders by contacting customer service. Some of our affiliate partners may also use cookies.

Children’s Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Children’s Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Third Party Links to this website

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites

Copyright Notice

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Politica insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and Agreement contained herein.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes in how we use our sites customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website. You are therefore advised to re-read this statement on a regular basis

License Types

RavenDB has the following licensing schema.

One-time payment (RavenDB Standard only) - A license to the current RavenDB major version with no expiration. The license also includes all updates within that same major version, for a period of 12 months. After 12 months from purchase, you can still use RavenDB, but cannot upgrade to newer releases (even in the same major version). Upgrading the license to the next major version can be done with a 15% discount of the new license price.

Expiration: None
Updates: Same major version, 12 months from purchase date
Price protection: No
Upgrade discount: 15%

Single Payment + Maintenance (RavenDB Enterprise only) - A license to the current RavenDB major version with no expiration. The license includes all updates within that same major version, for a period of 12 months (or 12 months from the last maintenance payment). After 12 months from purchase (or last maintenance payment), you can still use RavenDB, but cannot upgrade to newer releases (even in the same major version). Upgrading the license to the next major version can be done with a 15% discount of the new license price.

Expiration: None
Updates: Same major version, 12 months from purchase or 12 months from last maintenance payment
Price protection: No
Upgrade discount: 15%

Subscription License (quarterly / yearly) - A license to any version of RavenDB including all updates. The license is only valid for as long as the subscription is current. While the subscription is current, the license will apply to any version of RavenDB (including new major versions) and grants access to all updated releases. Future charges in the subscriptions are always at the same initial cost, even if the product price has changed, as long as the subscription is maintained. If the subscription expires (isn't renewed), the license can no longer be used, and the price protection isn't valid (new orders will not respect the original pricing, but use the current one).

Expiration: Subscription period (12 months for yearly, 3 months for quarterly)
Updates: Any major version and including all updates within a major version
Price protection: Yes

ISV license - A license to any version of RavenDB including all updates, entitles you to redistribute RavenDB. Your software will continue to work even if your ISV subscription expires, with no impact to your client. However, you cannot release a major version of your software without having a current ISV subscription. While the subscription is valid, you can use any version of RavenDB, but if it expires, you cannot change the version of RavenDB that you are using. If the subscription expires (isn't renewed) the price protection isn't valid (new orders will not respect the original pricing, but use the current one).
Contact us for more details.

Expiration: Subscription period (12 months) - applies only to new major releases of your software. Existing clients and minor versions of your software still work
Updates: Any major version and including all updates within a major version
Price protection: Yes

Active Yearly Subscription will entitle you to continuous updates for all bug fixes across all versions.

These terms and conditions form part of the Agreement between the customer and ourselves. Accessing of this website and/or undertaking of an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein.

End User License Agreement

YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE INSTALLING THIS SOFTWARE PROGRAM. BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE CONTACT HIBERNATING RHINOS LTD AT HTTP://WWW.HIBERNATINGRHINOS.COM TO ARRANGE A FULL REFUND.

This software program, and any files that are delivered to you by Hibernating Rhinos Ltd (via on-line transmission or otherwise) to "patch," update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the "Manual"), and any and all copies and derivative works of such software program and materials (collectively the "Software") are the copyrighted work of Hibernating Rhinos Ltd, or its suppliers and licensors (collectively referred to herein as "Licensor"). All use of the Software is governed by the terms of this End User License Agreement ("License Agreement" or "Agreement"). The Software is distributed solely for use by authorized individuals or entities according to the terms of the License Agreement. Any use, reproduction or redistribution of the Software not expressly authorized by the terms of the License Agreement is expressly prohibited.

1. Ownership

A. All title, ownership rights and intellectual property rights in and to the Software and all copies thereof (including, but not limited to, any titles, computer code, artwork, any related documentation, executable code, shared libraries, proprietery computer protocols and "applets" incorporated into the Software) are owned or expressly licensed by Licensor. The Software is protected by the copyright laws of Israel, international copyright treaties and conventions, and other laws. All rights are reserved. The Software may contain certain licensed materials, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.

B. Each license purchased for this Software allows once instance of the Software to be used. You may not use multiple instance of the Software without obtaining, in advance, a new license or licenses for the new instance or instances and/or express written permission from Hibernating Rhinos Ltd. You may only permanently transfer ownership of the Software and all parts thereof, and all of your rights and obligations under the License Agreement, to another individual or entity, once you have notified Hibernating Rhinos Ltd. In this case Hibernating Rhinos Ltd will issue a license for the new individual or entity once it has been established that old instance is no longer in use.

C. For the specific case of license(s) purchased for redistribution of this Software as part of licensee’s products, no notification to Hibernating Rhinos Ltd. shall be required and the license shall automatically transfer so long as the old instance is not in use by licensee.

2. Responsibilities of End User

Subject to the Grant of License hereinabove, you may NOT, in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code, modify, disassemble, decompile, or create derivative works based on the Software, or remove any proprietary notices or labels on the Software, with the exception of the non-compiled source files provided with the Software, including but not limited to template files and script files, which may be modified for use on the user specified in part 1 only. Failure to comply with the restrictions and limitations contained in this Section 2 shall result in immediate, automatic termination of the license granted hereunder and may subject you to civil and/or criminal liability. Notwithstanding the foregoing, you may make one (1) copy of the Software and the Manuals for archival purposes only.

3. Termination

This License Agreement is effective until terminated. You may terminate the License Agreement at any time by (i) removing the Software from your hard drive; and (ii) notifying Licensor of your intention to terminate this License Agreement. Licensor may, at its discretion, terminate this License agreement in the event that you fail to comply with the terms and conditions contained herein. In such event, you must either take immediate action to ensure that you are compliant with this License Agreement or cease all usage of the Software within 30 days from being notified of the termination of License agreement by the Licensor. Upon termination of this Agreement for any reason, all licenses granted herein shall immediately terminate.

4. Limitation of Liability

NEITHER LICENSOR NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR LOSS OR DAMAGE OF ANY KIND RESULTING FROM THE USE OF THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA, LOSS OF GOODWILL, IACCRUATE DATA, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, LICENSOR SHALL NOT BE LIABLE IN ANY WAY FOR THE LOSS OR DAMAGE TO PRODUCT DATA, LAYOUTS, TEMPLATES, ARTWORK, PRICING AND OTHER INFORMATION STORED BY THE SOFTWARE. LICENSOR SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING, BUT NOT LIMITED TO, ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. Some countries and regions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

5. Equitable Remedies

You hereby agree that Licensor would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Licensor shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Licensor may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

6. Changes to the Agreement

Hibernating Rhinos Ltd reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when Hibernating Rhinos Ltd upgrades the Software, effective upon prior notice as follows: Hibernating Rhinos Ltd will post notification of any such changes to this License Agreement on the HibernateRhinos.com website and will post the revised version of this License Agreement in this location, and may provide such other notice as Hibernating Rhinos Ltd may elect in its sole discretion, which may include by email, postal mail or pop-up screen.

If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 3 herein. Your installation and use of any updated or modifications to the Software following notice of changes to this Agreement as described above will mean you accept any and all such changes. You may continue to use your pre-existing installation of the Software under the original License Agreement, if you so notify Hibernating Rhinos Ltd. within 30 days of the change in the license. Hibernating Rhinos Ltd may change, modify, suspend, or discontinue any aspect of the Software at any time. Hibernating Rhinos Ltd may also impose limits on certain features or restrict your access to parts or all of the Software without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Software.

7. Miscellaneous

This License Agreement shall be deemed to have been made and executed in Israel without regard to conflicts of law provisions, and any dispute arising hereunder shall be resolved in accordance with the law of Israel. You agree that any claim asserted in any legal proceeding by one of the parties against the other shall be commenced and maintained in Israel, having subject matter jurisdiction with respect to the dispute between the parties. In the event that any provision of this License Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision will be enforced to the maximum extent permissible, and the remaining portions of this License Agreement shall remain in full force and effect. This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that the action of installing the Software is an acknowledgment of my agreement to be bound by the terms and conditions of the License Agreement contained herein.

© 2008-2012 Hibernating Rhinos Ltd. All rights reserved.

EXTENSION TO THE RAVEN DB COMMERCIAL LICENSE FOR ROYALTY FREE DISTRIBUTION PURPOSES (OEM)

1. Definitions

When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

"Licensor" means Hibernating Rhinos.

"Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) digital images, stock photographs, clip art, sounds or other artistic works ("Stock Files"); (ii) related explanatory written materials or files ("Documentation"); and (iii) fonts; and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by Hibernating Rhinos (collectively, "Updates").

"Use" or "Using" means to access, install, download, copy or otherwise benefit from using the functionality of the Software.

"Licensee" means You or Your Company, unless otherwise indicated.

"System" means Windows OS, GNU/Linux or Mac OS X, or any virtual machine.

2. General Use

As long as the Licensee complies with the terms of this extension of End User License Agreement (the "Agreement") and the Aggreement itself, the Licensor grants the Licensee a non-exclusive right to install and Use the Software for the purposes described in the Documentation under the following conditions:

The Software may be installed and used by the Licensee for business, commercial and money-earning purposes.

This License can be deployed on any number of systems.

The Software under this License may be incorporated into software/hardware projects sold by the Licensee.

The Licensee may physically or electronically distribute the Software to his manufacturing and service partners but only as an intermediary product, requiring incorporation of the Software into the software or hardware developed by the Licensee in cases when the manufacturing process involves the Licensee's partner's job to complete the project before distributing it to end-users.

The Licensee or his manufacturing and service partners may reproduce and physically or electronically distribute the Software only as an integral part of or incorporated in their software or hardware product.

This License entitles the Licensee to the unlimited redistribution of the Licensor's technology as a part of the Licensee's product.

This License is royalty-free, i.e. the Licensee does not need to pay a fee per every order of his product with the incorporated Licensor's technology.

This License cannot be used by the Licensee to develop a software application that would compete with products marketed by the Licensor.

3. Intellectual Property Rights

3.1 This License does not transmit any intellectual rights on the Software. The Software and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor.

3.2 The Software is protected by copyright, including without limitation by Copyright Law and international treaty provisions.

3.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the Software.

3.4 Any information supplied by the Licensor or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the Software.

3.5 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the Software and such use of any trademark does not give the Licensee any rights of ownership in that trademark.

4. License Transfer

4.1 This License is non-transferable. The Licensee may not transfer the rights to Use the Software to third parties (another person or legal entity).

4.2 The Licensee may not rent, lease, sublicense, lend or transfer any versions or copies of the Software to third parties (another person or legal entity).

4.3 The Licensee may make a backup copy of the Software, provided a backup copy is not installed or used on any system not belonging to the Licensee. The Licensee may not transfer the rights to install or use a backup copy of the Software to third parties (another person or legal entity).

Raven DB - A Document Database for the .NET platform
Copyright (C) 2010 Hibernating Rhinos

This program is free software: you can redistribute it and/or modify it under the terms of the GNU Affero General Public License as published by the Free Software Foundation, either version 3 of the License.

This program is distributed in the hope that it will be useful, but WITHOUT ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. See the GNU Affero General Public License for more details.

You should have received a copy of the GNU Affero General Public License along with this program. If not, see http://www.gnu.org/licenses/agpl-3.0.html.

FOSS License Exception

What is the FOSS License Exception?

This Free and Open Source Software ("FOSS") License Exception allows developers of FOSS applications to include RavenDB with their FOSS applications. RavenDB is typically licensed pursuant to version 3 of the Affero General Public License ("AGPL"), but this exception permits distribution of RavenDB with a developer's FOSS applications licensed under the terms of another FOSS license listed below, even though such other FOSS license may be incompatible with the AGPL.

The following terms and conditions describe the circumstances under which this FOSS License Exception applies.

FOSS License Exception Terms and Conditions

Definitions.

* "Derivative Work" means a derivative work, as defined under applicable copyright law, formed entirely from the Program and one or more FOSS Applications.

* "FOSS Application" means a free and open source software application distributed subject to a license approved by the Open Source Initiative (OSI) board. A list of applicable licenses appears at: http://www.opensource.org/licenses/category.

* "FOSS Notice" means a notice placed by Hibernating Rhinos or the RavenDB author in a copy of the RavenDB library stating that such copy of the RavenDB library may be distributed under Hibernating Rhinos's or RavenDB's FOSS License Exception.

* "Independent Work" means portions of the Derivative Work that are not derived from the Program and can reasonably be considered independent and separate works. * "Program" means a copy of Hibernating Rhinos's RavenDB library that contains a FOSS Notice.

A FOSS application developer ("you" or "your") may distribute a Derivative Work provided that you and the Derivative Work meet all of the following conditions:

* You obey the AGPL in all respects for the Program and all portions (including modifications) of the Program included in the Derivative Work (provided that this condition does not apply to Independent Works);

* The Derivative Work does not include any work licensed under the AGPL other than the Program;

* You distribute Independent Works subject to a license approved by the OSI which is listed in http://www.opensource.org/licenses/category;

* You distribute Independent Works in object code or executable form with the complete corresponding machine-readable source code on the same medium and under the same FOSS license applying to the object code or executable forms;

* All works that are aggregated with the Program or the Derivative Work on a medium or volume of storage are not derivative works of the Program, Derivative Work or FOSS Application, and must reasonably be considered independent and separate works.

Hibernating Rhinos reserves all rights not expressly granted in these terms and conditions. If all of the above conditions are not met, then this FOSS License Exception does not apply to you or your Derivative Work.

Commercial Licensing

In addition to this license, RavenDB is offered under a commerical license. You can learn more about this option by contacting us using: http://hibernatingrhinos.com/contact