Yearly archives: 2012Entries found: 22
Today, dBase LLC is proud to announce the immediate availability of dBASE CLASSIC™, the newly repackaged historic database, based on dBASE V for DOS. The dBASE V for DOS was one of the most used databases in the historic timeline of dBASE. This was really the first fully realized IDE and database combination for building and managing data across a wide spectrum of users.
Here at dBase LLC we recognized that a large number of users are still using dBASE on MS-DOS platforms, which is why we introduced dbDOS™. Updating from prior versions of dBASE for DOS to the final and most stable release in order to maintain the longevity of these sometimes mission critical applications, is more than worth the effort. Until today, the only way to get a licensed copy of dBASE V for DOS was to purchase an upgrade or a new copy of dBASE PLUS 2.8 and purchase the additional CD. That was a costly matter for our customers that were not looking to upgrade their applications to a windows version of dBASE at this time.
The new dBASE CLASSIC™ is a stand-alone, fully licensed version of dBASE V for DOS at an introductory price of $99.00 USD.
Also included exclusively with this stand-alone version are the searchable PDF versions of the entire documentation set that originally shipped with dBASE V for DOS. dBase LLC is calling the included documentation a “box of docs” and for those customers who cannot remember, the original dBASE V for DOS was shipped with 5 manuals weighing just over 15 pounds. dBASE CLASSIC™ will not weigh that much, but it will have all the information that was shipped in the original dBASE V for DOS.
“I am really excited about making dBASE CLASSIC™ available to the dBase user community,” said Michael Rozlog, CEO of dBase LLC. “The fact that we now have a way for users to continue to use their existing DOS based products on the latest and greatest Windows® hardware and software with dbDOS™, and now the ability to get a copy of dBASE V for DOS with the full doc set is really cool. Plus, the price and red tape are significantly reduced in the new packaging!”
The new dBASE CLASSIC™ will be sold in two packages; the $99.00 USD package, which includes the entire dBASE V for DOS product, and the $198.00 USD package, a bundle which includes both dBASE CLASSIC™ and dbDOS™. Both packages are sold on a per-user basis.
Purchase dBASE Plus 2.8 Full or Upgrade during August 2012 and you are invited to our next training class
We are pleased to announce a dBASE live online training seminar to help you become productive and successful with dBASE even faster!
Any purchase of dBASE Plus 2.8 Full or Upgrade between August 1st 2012 and August 31st 2012 will include this training seminar (a $199 value) as part of your purchase*.
If you are a dBASE for DOS customer ready to get up to speed on the programming in dBASE 2.8 for Windows, or if you are returning to dBASE after a number of years looking to enhance an existing dBASE 2.8 for Windows skill set, these two one-hour training sessions will help you on your way.
For individuals that have already purchased dBASE 2.8, this class can be purchased separately. The cost of this training seminar will be $199 for two one-hour sessions. Following your purchase, you will receive a private invitation outlining the exact data and time that the online class will take place including details on how to participate.
The training is set for September 6th and 7th from 1:00 pm EST to 2:00 pm EST each day. The agenda for these two training session will include the following topics:
How to use design tools to create and edit an application
* Creating dBASE File (DBF) Tables with indexes
* Establishing Parent Child Relationships with Data Modules
* Setting up Data Entry Forms
* Customize your application with Menus
* Enhance Reports by showing Grouped and Summarized data
* Building and Packaging the application for deployment to client workstations
Each of these interactive sessions will grant you direct access to dBase’s own engineering staff where you can directly ask questions and drill down into any issue that you need more help with.
As many of our current users know, dbDOS™ is the fastest, easiest way to run dBASE for DOS on the latest Windows Operating Systems. With it you can launch your own dBASE applications on the latest hardware platforms. One of the on-going challenges is bringing forward the print functionality on these new USB, Network and even Wireless print platforms and still maintain how it used to work in the MS-DOS days of serial and parallel printers. I think we have finally figured out the majority of printing issues and are very excited to announce a new patch dbDOS™ 1.1.1!
The new print functionality that was introduced in the 1.1 version had introduced a BETA feature called RAW Print. This new way of printing allowed the Printer Escape Characters to go directly to the printer by-passing all of the Windows specific information, which allowed in certain cases to have a better result. With this update, you can now print with the RAW Print feature and get better results. We have also updated the Interpreted Print feature, which adds the Printer Preview functionality. Printing twenty-year old DOS reports in Windows 7 is not very straightforward. But we are constantly working to make it easier, and better for our dbDOS™ users. I
f you are using dbDOS™ now, download the patch from dbase.com/updatesandfixes.asp and install it over the current version then open up each configuration and save it again. Please watch this YouTube video where I explain this in more detail at youtube.com/user/dBaseLLC.
Now if you do not have dbDOS™, you have dBASE for DOS products or dBASE applications, and you want to use them on the latest hardware and software combinations, you need to get dbDOS™ today!
dbDOS™ 1.1.1 is available to existing dbDOS™ 1.0 users free of charge, and the cost for new named users is still only $99.00 USD. The CD and documentation can be purchased for an additional $19.95, not including shipping and handling.
When we released dbDOS™ 1.0 in May we knew there was a need and expected a warm welcome by the dBASE community but we have been overwhelmed by the response! We wanted to reward that response by incorporating the many suggestions and requests by our customers and provide them a more features and a new level of support for their dBASE for DOS programs.
dbDOS™ 1.1 adds a significant number of features that will make using and working with the product easier and give a wider range of support for various hardware configurations. Here are just some of the great improvements introduced with dbDOS™ 1.1:
* Wizard based setup; for customers that want a little more help setting up the product we have added a new wizard to walk you through the steps. Remember, if you are an advanced user you can still use the single page setup introduced in the 1.0 version.
* Print ESC and Printer specific codes; one of the key features of dbDOS was the ability to finally print to a Windows printer with dBASE for DOS programs. Well, we found out very quickly that many dBASE for DOS users created specialized forms and reports using the low-level printer escape codes. We now provide the ability to support that approach and allow you to print those reports on Windows Printers!
* Integrated International Support; now you can select the country specific CodePage so that we support your keyboard, printer, and operating system character use automatically, while still allowing you to override it if needed.
* Better hardware support; these new configuration options allow users to select the best support for their hardware. This allows hardware like graphics cards and mice (mouse) to work better and more seamless on many different hardware configurations.
* FASTER! In some cases, almost 100% faster than the original dbDOS 1.0 product.
We have heard from many customers stating that dbDOS is a lifesaver and a huge money and resource saver as well. One customer stated that by using dbDOS their organization will save well over $195,000.00 dollars this year in rewrite costs and only have to invest $5,000.00 dollars for their 50 users to continue to use their 20+ year old software program that many users love and feel they cannot live without.
So no matter if you are trying to use dbDOS for the one dBASE program you just love from the DOS days, or you have an organization that can benefit, dbDOS™ 1.1 is the most cost effective way to continue to use the tried and true software on the latest hardware and software for Windows®.
dbDOS™ 1.1 is available to existing dbDOS™ 1.0 users free of charge, and the cost for new named users is still $99.00 U.S. The CD and documentation can be purchased for an additional $19.95, not including shipping and handling..
Space is limited.
Reserve your Webinar seat now at:
To help you make an informed decision during your dBASE 2.8 evaluation, we have prepared a series of examples that will guide you through your decision making process.
In this Webinar, we will walk through some of the basic features of dBASE 2.8 including how to connect to existing data, creating a new data-input program and even some dBASE Language (dBL) logic. We will follow up by creating a basic executable file that can be deployed to your client workstations.
At the end of the Webinar, we will share various online resources available to you and answer any questions you may have.
Title: dBASE 2.8 Evaluation Webinar
Date: Thursday, June 21, 2012
Time: 10:00 AM – 11:00 AM EDT
After registering you will receive a confirmation email containing information about joining the Webinar
It has been almost two months since we release dBASE Plus 2.8 and the request for downloads have increased by 300%, which is very exciting. If you are one of those thqat have downloaded a Trial Evaluation of dBASE Plus 2.8, we wanted to follow up with you and ask for your feedback. When we announced the new company, dBase LLC., we said that we will be a company that listens to its customers, values your feedback, and takes action on your suggestions. In that spirit, we invite you to take our quick, five (5) question survey. Please select this link http://goo.gl/wCiGk and take a few minutes to help us understand how we can best serve you in this time of evaluation of the dBASE Plus 2.8 product.
The new Installer in dBASE 2.8 significantly improves the initial out-of-the-box experience for customers when installing the product, allowing for smoother installs across the entire Microsoft Windows® Operating System lines of products, including Microsoft Vista and Windows 7. We also increased the quality and made foundational improvements, which will make dBASE 2.8 run better and more stable on all platforms.
In addition, we also included with each purchase of dBASE Plus 2.8, a free PDF copy of The dBASE Book, the 686-page definitive work on the dBASE product, written by Ken Mayer, one of the world’s leading authorities on dBASE and how to get the most out of the product.
dBASE for DOS Programs and Apps Now Run on the Latest OS
BINGHAMTON, NY (May 23, 2012) — A simple-to-use software program that enables users to run Microsoft DOS versions of the popular software program dBASE® on Windows® 32/64 bit operating systems was announced today by dBase LLCTM, a leading provider of business intelligence software products and data management tools.
dbDOSTM was launched to work with dBASE III, IV (1,2,3), and V for Microsoft DOS running today on Microsoft’s Windows® XP, Vista, Windows 7, Windows Server 2003 and Windows Server 2008 – 32 or 64 bit operating systems. After migrating their existing DOS programs and data to new hardware running Windows, users simply run dbDOS’s install and configuration process to begin working with their favorite dBASE for DOS program in a Windows environment.
“dbDOS is simply the fastest and easiest way for people to continue to make productive and efficient use of dBASE for DOS applications they have depended upon,” said Michael J. Rozlog, president and chief executive officer of dBase LLC. “In these economic times, companies and individuals don’t want to rewrite applications. They also don’t want to spend time looking for old hardware to keep their DOS-based PCs running. They want to use their tried and true apps—but on the latest hardware and Windows OS’s. And they want to do it at great price with little overhead or hassle. It’s for those people that we have created dbDOS.”
Utilizing dbDOS is a simple, three-step process. First, users migrate their existing programs and data to their new hardware running Windows. Next, they run dbDOS’s install and configuration process by selecting a small amount of options. This will place new shortcuts into users’ start menus and on their desktops.
Last, users double-click on their desktop shortcuts and they’re ready to work with their dBASE for DOS software.
dbDOS is priced at $99 for the downloaded version and on CD for an additional $19.95, not including shipping and handling. dbDOS currently supports Windows XP 32/64, Vista 32/64, Windows Server 2003 32/64, Windows 7 32/64, and Windows Server 2008 32/64.
Package Includes Definitive Book on Legendary Product
dBase LLC to offer Free upgrade for dBASE 2.70.x users
BINGHAMTON, NY (April 23, 2012) — dBase LLC, a leading provider of business intelligence software products and data management tools, today announced dBASE 2.8, the latest version of its legendary relational database management system, which will be offered free to users of dBASE 2.70.x.
Launched earlier this month, the new company dBase was created with a vision to continue support for and revitalize development of dBASE, the world’s first widely used desktop database and one of the most popular software titles of all time, as well as to deliver a new generation of software solutions that will help small- and medium- sized businesses, work teams and individuals transform raw data into actionable information.
“We are bringing this new version of dBASE to market to address some key issues that our customers have told us,” said Michael J. Rozlog, president and CEO, dBASE LLC. “When we launched the company, we said we would be a company that listens to its customers and responds. By releasing this new version just weeks after our company launch, we are demonstrating our commitment to the dBASE community worldwide that we will not only support but continue improving this great product.”
The new Installer in dBASE 2.8 significantly improves the initial out-of-the-box experience for customers when installing the product, allowing for smoother installs across the entire Microsoft Windows® Operating System lines of products, including Microsoft Vista and Windows 7. Increased quality and foundational improvements will make dBASE 2.8 run better and more stable on all platforms.
The new version is still built on the dBASE 2.70.x architecture, which supported a new compiler and build approach that have been well received by long-time users.
Purchase of dBASE 2.8 will include a free copy of The dBASE Book, the 686-page definitive work on the dBASE product, written by Ken Mayer, one of the world’s leading authorities on dBASE and how to get the most out of the product. The book is a $50 value for customers.
The dBASE Book is aimed at developers of dBASE applications from beginner to advanced, and will assist developers in getting up to speed quickly with the dBASE Object model. It covers dBASE application development from design to deployment.
“A must have for any dBASE user,” wrote one recent reviewer of the book. “I started out with dBASE III some years back, and the product continues to blow the doors off of the competition on many levels. This is the book to have to help guide your dBASE tables, applications, and other developments. Concise, to the point, and, importantly, authored by a long time user. It greatly helped my transition from programming in dBase 5.0 to the new dBASE.”
Pricing for dBASE 2.8 is $399 for the standard full package and $299 for the full version upgrade. The upgrade will be free to users of dBASE 2.70.x. Click this link to visit a Web site to download the free upgrade www.dbase.com/updatesandfixes.asp.
The new dBase LLC has been created to serve the worldwide market for users of dBASE, the world’s first widely accepted relational database management system and one of the most popular software titles of all time. dBase also has a vision to deliver a new generation of business intelligence products and data management tools to help companies, work teams and individuals transform raw data into actionable information.
In order to deliver on that mission, dBase believes it is paramount to listen and learn from its most valuable resource—it’s customers. Millions of you have worked with the dBASE product family over the past 25 years, and the dBase team is committed to gathering your input on product direction, support, education, and operational issues. To that end, here is our proposal for a new software licensing agreement. True to our word, we will not implement this agreement until your voice is heard and your ideas are considered.
dBASE Plus FULL
dBASE Plus Personal
dBASE Plus EDU
dBI ODBC Drivers
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (the “Agreement”) is entered into by and between DBASE, LLC, a New York limited liability company, with a mailing address at P.O. Box 917, Oxford, New York 13830 and its affiliates (“Company”) and you (“Customer”) and describes the terms and conditions pursuant to which Company will license the Software (as defined below) to Customer. Collectively, Customer and Company may be referred to as “Parties” and individually as a “Party.” By downloading or unsealing Company’s Software and/or Documentation, Customer is agreeing to be bound by the terms of this Agreement.
1.1 “Documentation” means any user instructions, release notes, manuals or other materials, and on-line help files in the form generally made available by Company regarding the use of the Software.
1.2 “Error” means a material failure of the Software to conform to its functional specifications described in the Documentation.
1.3 “Named User” means the individual designated by Customer as the sole user of the licenses granted herein.
1.4 “Software” means the Company’s computer software programs, applications and/or files that Customer downloads or unseals.
2. Software License
2.1 Evaluation License. If Customer elects to evaluate the Software, Company grants to Customer a nonexclusive, nontransferable, limited license to allow the Named User, and only the Named User, to (a) install, run, and use the Software solely for evaluation purposes for a period not to exceed thirty (30) days (the “Evaluation Period”); and (b) use the Documentation in connection with such uses of the Software during the Evaluation Period. The Evaluation Period shall commence upon the installation of the Software by the Customer or the Named User. At the end of the Evaluation Period, Customer and the Named User shall immediately cease any and all use of the Software and shall return or destroy any and all copies of the Software that may be in the possession of Customer or the Named User.
2.2 License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to, payment of the applicable fees, Company grants to Customer a nonexclusive, nontransferable license to allow the Named User, and only the Named User, to (a) install, run, and use the Software; and (b) use the Documentation in connection with such uses of the Software. Once designated by the Customer, the Named User may not be changed. The Named User may install, run and use the Software on one or more computers, provided that the Named User may only use the Software on one computer at any given time. All licenses granted herein are subject to and contingent upon Customer designating a Named User and providing Company with the name of the Named User. Use of the Software or the Documentation by any person other than the Named User and/or simultaneous use of the Software on more than one computer at the same time shall be a breach of this Agreement and shall result in the termination of the license granted herein.
2.3 License Fees. For any license other than an evaluation license pursuant to Section 2.1 herein, Customer shall pay to Company a one time license fee designated by the Company.
2.4 License Restrictions. Notwithstanding the licenses granted in Sections 2.1 and/or 2.2 above, Customer shall not itself, through the Named User, or through any affiliate, employee, consultant, contractor, agent or other third party:
(a) sell, resell, distribute, lease, rent, or license, in whole or in part, the Software;
(b) decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architectures, structures or other elements of the Software in whole or in part, for any purpose;
(c) allow access, provide, divulge or make available the Software or the Documentation to any person other than the Named User;
(d) write or develop any derivative works based upon the Software, the Documentation or any other proprietary information;
(e) modify, adapt, translate or otherwise make any changes to the Software or any part thereof;
(f) otherwise use or copy the Software except as expressly permitted herein;
(g) remove, alter or obscure any intellectual property, proprietary, attribution, or legal notices from the Software or the Documentation;
(h) use any name, mark or designation of Company, any of its affiliates or licensors or their respective products or services, unless expressly permitted herein or by Company in writing.
2.5 License Term. Evaluation licenses granted pursuant to Section 2.1 shall expire at the end of the Evaluation Term. Any other licenses that contain specific durations allowing the Software to function for a specific period of time shall expire at the end of any such defined time periods. All other licenses granted hereunder that do not have specified durations shall be perpetual.
2.6 dBI ODBC Drivers. A properly licensed installation of the Software pursuant to the terms and conditions of this Agreement includes a license to install and use the dBI ODBC Drivers that are part of the Software. Notwithstanding anything to the contrary herein, the dBI ODBC Drivers are provided “as is” without any warranty of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
2.7 Distributables. Customer may redistribute any dBASE Plus applications created using the Software that do not include or utilize the dBI ODBC Drivers at no additional cost. Any applications that include or utilize the dBI ODBC Drivers require a separate license from DataDirect Technologies for each installation. Notwithstanding anything herein to the contrary, Customer shall not, under any circumstances, redistribute the Integrated Development Environment (IDE) that is part of the Software.
2.8 Copies. Customer may make a reasonable number of machine-readable copies of the Software solely for internal backup or archival purposes. All intellectual property, proprietary, attribution, or legal notices included in or on the Software must be reproduced and included in or on such copies. Customer shall maintain accurate and up-to-date records of the number and location of all copies of the Software and inform Company in writing of such number and location upon request.
2.9 Customer Responsibility. Customer shall be responsible for all use of the Software, Documentation, and other associated materials, and for compliance with this Agreement. Customer shall be liable for any use of the Software, Documentation or other associated materials in violation of the license granted in this Agreement, whether by Customer, employees or independent contractors of Customer, the Named User, or by any other user using the Software on behalf of Customer.
2.10 Rights Reserved. All rights not expressly granted in this Agreement are reserved by Company. Company retains sole and exclusive ownership of the Software, the Documentation, and all other associated intellectual property including, but not limited to the technology, inventions, know-how, show-how, designs, formulae, processes, techniques, trade secrets, ideas, artwork, software, works of authorship, and any document or other materials embodying any of the foregoing, whether or not any of the same are patentable or copyrightable, and related documentation (collectively, the “Intellectual Property”). Company retains all intellectual property rights in, to and/or embodied in or associated with the Intellectual Property provided by Company hereunder, and all copies and derivative works thereof, including, but not limited to patent rights (including patent applications and invention disclosures), copyrights, rights in database, moral rights, trademarks, service marks, trade secrets, know-how and any other intellectual property rights recognized in any country or jurisdiction in the world, now or hereafter existing, and whether or not perfected, filed or recorded.
2.11 Updates. Customer recognizes that Company shall have no obligation to provide Customer with updates, Error corrections, bug fixes, modifications, additions and/or enhancements to the Software at any time except as may be expressly set forth herein.
3. Fees and Taxes. All charges and fees provided for in this Agreement are exclusive of any and all taxes, duties, or similar charges imposed by any government or any of its agencies and instrumentalities. Customer shall pay or reimburse Company for all federal, state, dominion, provincial or local sales, use, personal property, withholding, excise or other taxes, fees or duties arising out of this Agreement or the transactions contemplated by this Agreement (other than taxes on the net income of Company).
4. Warranties, Disclaimers and Limitation of Liability
4.1 Limited Warranty. Company warrants that, for a period of sixty (60) days from the date of download or delivery:
(a) the Software, as used in accordance with the associated Documentation and this Agreement, will substantially perform in accordance with the associated Documentation in all material respects;
(b) the Software, as delivered and under normal use, shall not contain any disabling devices, back doors, Trojan horses, or other malicious code designed to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data, or information.
Company has endeavored to assure that the Software perform in accordance with the associated Documentation, but Company does not warrant that the Software will be free of all Errors. As Customer’s exclusive remedy for any claim under the warranty in this Section 4.1, Customer shall promptly notify Company in writing of its claim and, provided that such claim is determined by Company to be Company’s responsibility, Company shall, within thirty (30) days of its receipt of Customer’s written notice, (i) use commercially reasonable efforts to correct any Error in the Software or (ii) provide Customer with a plan reasonably acceptable to Customer for correcting any such Error. The preceding warranty cure shall constitute Company’s entire liability and Customer’s exclusive remedy for cure of the warranty set forth in this Section 4.1.
4.2 Requirements. The warranties set forth above are made to and for the benefit of Customer only. The warranties set forth in Section 4.1 shall apply only if (a) the Software has been used at all times in accordance with this Agreement and the Documentation; (b) no modification, alteration or addition has been made to the Software by persons other than Company or Company’s authorized representative; and (c) any defect in or malfunction of the Software has not been caused by Customer, Customer’s employees or independent contractors, the Named User, any person not under the control of Company, or Customer’s equipment or software, including, without limitation, third party software or equipment; and (d) Customer is current with any and all fees due under this Agreement.
4.3 Third Party Technology. Customer is hereby notified that third parties have licensed certain technology to Company, which is contained in the Software. Notwithstanding anything herein to the contrary, Customer hereby consents to the disclosure of Customer’s identity, and such other terms of this Agreement as necessary, to such third party licensors for the purpose of enabling Company to comply with the terms and conditions of such third party licenses. Any such Customer information will be provided pursuant to an obligation of confidentiality and nondisclosure at least as stringent as that imposed by this Agreement.
4.4 Disclaimer. Customer acknowledges that no employee, agent, representative or affiliate of Company has authority to bind Company to any oral representations or warranty concerning the Software or any other product or service provided to Customer hereunder. Any written representation or warranty not expressly contained in this Agreement is expressly disclaimed and is not enforceable. Except as set forth in this Section 4, Company makes no warranties, whether express, implied, or statutory regarding or relating to the Software, the Documentation or any other materials or services provided to Customer hereunder. THE WARRANTIES EXPRESSLY PROVIDED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR ANY OTHER MATERIALS PROVIDED BY COMPANY WILL BE ERROR-FREE, PERFORM IN AN UNINTERRUPTED MANNER, OR THAT COMPANY WILL CORRECT ALL ERRORS.
4.5 Limitation of Liability. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OF THE SOFTWARE. IN NO EVENT WILL COMPANY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, STATUTORY OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE OR DATA, DAMAGE TO SYSTEMS OR EQUIPMENT, BUSINESS INTERRUPTION OR COST OF COVER) IN CONNECTION WITH OR ARISING OUT OF THE DELIVERY, PERFORMANCE OR USE OF THE SOFTWARE AND ANY OTHER MATERIALS PROVIDED BY COMPANY, WHETHER ALLEGED AS A BREACH OF CONTRACT OR TORTIOUS CONDUCT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S MAXIMUM AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR ANY DAMAGES AND COSTS SHALL NOT, IN ANY EVENT, EXCEED THE FEE PAID BY CUSTOMER TO COMPANY FOR THE SOFTWARE.
5. Indemnification and Release.
5.1 Customer Indemnity. Company shall indemnify, defend or settle any action, suit or proceeding brought against Customer alleging that the Software infringes any U.S. patent or copyright and shall pay any final judgments awarded or settlements entered into and agreed to by Company, provided that Customer gives prompt written notice to Company of any such action, suit or proceeding and gives Company the authority to proceed as contemplated herein. Company shall have the exclusive right to defend any such action, suit or proceeding and make settlements thereof at its own discretion, and Customer may not settle or compromise such action, suit or proceeding, except with the prior written consent of Company. Customer shall give such assistance, cooperation and information as Company may reasonably require to defend, settle or oppose any such action, suit or proceeding.
5.2 Remedy. In the event any such infringement action, suit or proceeding is brought or threatened, Company may, at its sole option and expense: (a) procure for Customer the right to continue use of the Software; (b) modify, amend or replace the same with other software or material having substantially similar functionality and performance; or (c) if neither of the foregoing is commercially practicable as determined by Company in its sole discretion, Company shall have the right to terminate the license for the Software and repay to Customer a pro-rata credit based upon the license fees paid for the Software prorated over a thirty-six (36) month period from the date of shipment or download of the Software. Thereafter, termination shall proceed in accordance with the terms of Section 6.
5.3 Exclusions. The foregoing obligations shall not apply to the extent the action, suit or proceeding for infringement and/or misappropriation arises or results from (a) modifications to the Software made by any party other than Company or Company’s authorized representative; (b) use of the Software Platform or Application(s) beyond the scope of or not in compliance with the terms of the Documentation or this Agreement; (c) breach of this Agreement by Customer, (d) combination of the Software or components thereof with other products (hardware or software), processes or materials to the extent the alleged infringement relates to such combination, or (e) where Customer continues the allegedly infringing activity after being notified thereof and having been provided modifications, replacements or other remedies that would have avoided the alleged infringement.
5.4 Limitation. This Section 5 states the entire liability of Company with respect to infringement of any intellectual property right.
5.5 Company Indemnity. Customer shall indemnify and hold harmless Company from and against any action, suit or proceeding for infringement and/or misappropriation that arises or results from any of the exclusions set forth in Section 5.3 above.
6. Term and Termination
6.1 Term. This Agreement shall take effect upon the download or unsealing of the Software and shall remain in force until terminated in accordance with this Section.
6.2 Termination by Company. Company may, by written notice to Customer, terminate this Agreement effective immediately if: (a) Customer fails to pay the license fee due for the license granted hereunder; (b) if a petition alleging insolvency is filed by or against Customer and not stayed within 60 days, or a receiver is appointed for any part of Customer’s business, or its assets are assigned for the benefit of creditors; or (c) Customer is in material breach of any term, condition or provision of this Agreement, which breach, if capable of being cured, is not cured within thirty (30) days after Customer’s receipt of Company’s written notice of such breach.
6.3 Effect of Termination. Sections 1, 2.1, 2.2, 2.3, 2.4, 2.6, 2.7, 2.9, 2.10, 2.11, 4, 5, 6.3 and 7 shall survive expiration or any termination of this Agreement for as long as necessary to permit their full discharge. Upon termination of this Agreement, Customer shall, and shall cause the Named User to, cease and desist all use of the Software and the Documentation. Within sixty (60) days of the termination of this Agreement, Customer shall return to Company the Software and Documentation and any and all copies thereof. Customer shall promptly certify in writing to Company that all copies of the Software have been removed from each computer upon which it was installed and that any copies of the Software or Documentation not returned to Company have been destroyed.
7.1 Compliance. Customer shall maintain and make available to Company records sufficient to permit Company or an independent auditor retained by Company to verify, upon ten (10) days’ written notice, Customer’s full compliance with the terms and requirements of this Agreement; provided, that such audit shall be performed during regular business hours. If such verification process reveals any noncompliance by Customer of this Agreement, Customer shall reimburse Company for the costs and expenses of such verification process (including, but not limited to the fees of an independent auditor) incurred by Company and pay Company for any use of the Software beyond the scope of this Agreement, and Customer shall promptly cure any such noncompliance; provided, however, that the obligations under this Section 7.1 do not constitute a waiver of any other rights of Company hereunder.
7.2 Assignment. Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by Customer, in whole or in part, whether voluntary or by operation of law, including by way of sale of assets, merger, consolidation or similar transaction without the prior written consent of Company. Any assignment by Customer without Company’s prior written consent is null and void. Company may assign and delegate its rights and obligations under this Agreement without restriction. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and permitted assigns.
7.3 Independent Parties. The Parties will at all times be independent contractors and will so represent themselves to all third parties. Neither Party has granted to the other the right to bind it in any manner whatsoever, and neither Party shall hold itself out as entitled to do the same. Nothing herein will be deemed to empower either Party to be the agent or legal representative of the other nor to constitute the Parties as partners, co-owners, or joint venturers.
7.4 Force Majeure. Neither Party shall incur any liability to the other Party on account of any loss, claim, damage or liability to the extent resulting from any delay or failure to perform all or any part of this Agreement (except for payment obligations), if and to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control and without any negligence on the part of the Party seeking protection under this Section. Such events, occurrences, or causes shall include, without limitation, acts of God, strikes, lockouts, riots, acts of war, terrorism, earthquake, fire or explosions, but the inability to meet financial obligations is expressly excluded.
7.5 Waiver. Any waiver of the provisions of this Agreement or of a Party’s rights or remedies under this Agreement must be in writing to be effective. Any such waiver shall constitute a waiver only with respect to the specific matter described in such writing and shall in no way impair the rights of the party granting such waiver in any other respect or at any other time. The waiver by either of the Parties hereto of a breach or of a default under any of the provisions of this Agreement shall not be construed as a waiver of any other breach or default of a similar nature, or as a waiver of any of such provisions, rights or privileges hereunder. The rights and remedies herein provided are cumulative and none is exclusive of any other, or of any rights or remedies that any party may otherwise have at law or in equity. Failure, neglect, or delay by a Party to enforce the provisions of this Agreement or its rights or remedies at any time, shall not be construed and shall not be deemed to be a waiver of such Party’s rights under this Agreement and shall not in any way affect the validity of the whole or any part of this Agreement or prejudice such Party’s right to take subsequent action.
7.6 Severability. If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the Parties shall endeavor in good faith to agree to such amendments that shall preserve, as far as possible, the intentions expressed in this Agreement. If the Parties fail to agree on such an amendment, such invalid term, condition or provision shall be severed from the remaining terms, conditions and provisions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
7.7 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement and supersedes all communications, representations, understandings and agreements before the Effective Date, either oral or written, between the Parties with respect to said subject matter. This Agreement may not be amended, supplemented or modified except in writing signed by both Parties.
7.8 Publicity. Each Party acknowledges that the other Party may desire to use such other Party’s name in vendor and customer lists, press releases, product brochures and financial reports indicating that Customer is a customer of Company, and each Party agrees that the other Party may use the other Party’s name in such a manner, subject, in the case of press releases and product brochures, to such other Party’s prior written consent, which consent shall not be unreasonably withheld.
7.9 Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of New York, without regard to conflicts of law principles. The Parties hereby consent to the exclusive jurisdiction of the State Courts located in Broome County, New York or the United States District Court for the Northern District of New York and any courts of appeal therefrom, and waives any objection on the grounds of lack of jurisdiction (forum non conveniens or otherwise) to the exercise of such jurisdiction over it by any such courts for resolution of any disputes arising out of or related to this Agreement.
7.10 U.S. Government End User. The Software and Documentation covered by this license agreement may be considered a “commercial component” as this term is defined in 48 C.F.R. subsection 2.101, consisting of “commercial computer software” and “computer software documentation” as such terms are defined in 48 C.F.R. subsection 252.227-7014(a)(1) and 48 C.F.R. subsection 252.227-7014(a)(5), respectively, and used in 48 C.F.R. subsection 12.212 and 48 C.F.R. subsection 227.7202, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. subsection 12.212 and 48 C.F.R. subsection 27.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entities acquire this product only with those rights set forth in this Agreement
7.11 Customer Service and Technical Support. Customer service can be reached at customerservice@dBASE.com or by telephone at 607-729-0960 (within the US and Canada), or at 607-729-0960 from everywhere else. Technical support can be reached at techsupport@dBASE.com or by telephone at 607-729-0960 (within the US and Canada), or at 607-729-0960 from everywhere else. Technical support for installation is provided free of charge. There may be a fee for other technical support. Please see our website (www.dBASE.com) for Frequently Asked Questions (FAQs) and the complete technical support policy. Please visit our Website at http://www.dBASE.com or call 607-729-0960 (within the US and Canada) or 607-729-0960 for support, pricing, and product information.
Please take a few minutes to read through this agreement and tell us what you think, what you like and what you would like to see different. Many thanks.
BINGHAMTON, NY (April 2, 2012) — dBase LLC, a company built on a 25-year foundation of technology and software development excellence, was launched today with a vision to create a new generation of business intelligence products and data management tools that will transform the way small- and medium-sized businesses manage data.
The company dBase was created by a group of investors, experienced technology and business leaders, and former employees of dataBased Intelligence, Inc. (dBI), a privately held company that had been the legal heir to dBASE, the world’s first widely used relational database management system and one of the best-selling software titles of its time.
The new dBase organization will continue to market and support dBI’s product portfolio—dBASE, dQuery and dbEverywhere. In addition to new versions of these products, which will include advanced features and capabilities, dBase will bring to market business intelligence products and other software tools designed to help smalland medium-sized businesses be more productive and market competitive.
“We are excited to launch this next chapter, not only in the dBASE product story, but in the way businesses fundamentally use technology to succeed,” said Michael J. Rozlog, the recently named president and chief executive officer of dBase. “The same way dBASE the product pioneered the concept of data management in the early days of the PC revolution, the new company dBase will create exciting new ways for businesses to transform raw data to useful information, enabling them to make more informed business decisions, and, ultimately, to be more successful.”
The product dBASE was created in 1981 by the founders of Ashton-Tate, a company that grew from a small garage-based team to a multinational corporation recognized among the “Big Three,” including Microsoft and Lotus.
In 1991, Ashton-Tate was sold to Borland Software Corporation, which popularized dBASE as the world’s most accepted database standard. In 1999, dataBased Intelligence was formed to continue development and support of dBASE. Today, dBASE is used by millions of software developers and others in FORTUNE 1000 companies and government agencies worldwide.
dBase will also continue to develop, market and support dQuery and dbEverywhere. dQuery is a software solution that connects in real-time the 12 most popular database products on the market today. dQuery enables users to solve critical and often time-sensitive business decisions without having an IT department create custom programs or reports. dbEverywhere is a simple-to-use, Wizard-based product that enables users to create interactive data-driven Web sites.
dbEverywhere automatically generates an industry-standard framework that is based on the leading LAMP (Linux, Apache, MySQL, PHP) approach. This allows Web site creators to focus on design, rather than software code, saving 80 percent of the time required to build today’s Web sites. dbEverywhere also installs a complete “mini-internet” on the desktop, including all the tools needed to develop, test, debug and run the pages and applications you create, without leaving the Wizard.