End User License Agreement for MobiDB Database Designer

End User License Agreement for MobiDB Database Designer

Perpetuum Software LLC
MobiDB Database Designer
SOFTWARE PRODUCT
Copyright (C) 2016 Perpetuum Software LLC

END-USER LICENSE AGREEMENT FOR MOBIDB DATABASE DESIGNER SOFTWARE PRODUCT

IMPORTANT - READ CAREFULLY: This Perpetuum Software LLC End-User License Agreement ("EULA") is a legal agreement between you, a user of MobiDB Database Designer ("End User") and Perpetuum Software LLC (“Vendor”) for MobiDB Database Designer™ SOFTWARE PRODUCT, its relevant controls, printed materials, and "online" or electronic documentation ("PRODUCT") contained in the installation file.

By installing, copying, or otherwise using the PRODUCT, the End User agrees to be bound by the terms of this EULA. If the End User does not agree to any part of the terms of this EULA, THE END USER CAN NOT INSTALL, USE, OR REPLICATE IN ANY MANNER, ANY PART, FILE OR PORTION OF THE PRODUCT, OR USE THIS PRODUCT FOR ANY OTHER PURPOSES.

The PRODUCT is licensed, not sold.

LICENSE GRANT
Upon acceptance of this EULA the Vendor grants the End User a personal, nonexclusive license to install and use the PRODUCT on compatible devices. If the End User is an entity, it must designate one individual within its organization to license the right to use the PRODUCT in the manner provided herein.

The End User may install and use the PRODUCT as permitted by the license type purchased. The license type purchased is specified in the product receipt.

LIMITED TIME PREMIUM LICENSE
Under the terms of a Limited Time Premium License the End User may install and use the PRODUCT on unlimited number of computers for the limited purposes of testing, evaluation and demonstrations ONLY.

This License is granted for a limited period of seven (7) days after activation of the Limited Time Premium License of the PRODUCT ("Evaluation Period"). After the Evaluation Period, the End User may either
(i) use a Free version of the PRODUCT with the limited features, or
(ii) purchase one of the paid licensing options of the PRODUCT.

DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

Limitations on Reverse Engineering, Decompilation, and Disassembly
The End User may not reverse engineer, decompile, create derivative works, modify, translate, or disassemble the PRODUCT. The End User agrees to take all reasonable, legal and appropriate measures to prohibit the illegal dissemination of the PRODUCT or any of its constituent parts to the fullest extent of all applicable local, federal and international laws and treaties regarding anti-circumvention, including but not limited to the Geneva and Berne World Intellectual Property Organization (WIPO) Diplomatic Conferences.

Rental
The End User may not rent, lease, or lend the PRODUCT.

Transfer
The End User may NOT permanently or temporarily transfer ANY of his/her rights under this EULA to any individual or entity. The End User may not reproduce or distribute any PRODUCT documentation without the Vendor explicit permission.

SUBSCRIPTION

Purchasing the license (s) for the PRODUCT authorizes the End User to get free updates, upgrades and new versions of the PRODUCT till another major version of the app is published (hereinafter referred to as Subscription). After the Subscription expiration the End User is entitled to use the product versions released before the subscription expiration date without any limitations, however the End User is not entitled to get free upgrades, updates and new versions of the PRODUCT released after the subscription expiration date. The End User has the right to upgrade to the latest major version of the PRODUCT and to prolong the subscription service for a successive Subscription period (till the next major version of the app is published), thereby to accrue the right to get free updates, upgrades and new product versions released within the subscription period.


COPYRIGHT
All title and copyrights in and to the PRODUCT are owned by the Vendor. The PRODUCT is protected by copyright laws and international treaty provisions. Therefore, the End User must treat the PRODUCT like any other copyrighted material.


RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS
If the licensed right of use for this PRODUCT is purchased by the End User with any intent to reverse engineer, decompile, and the exploitation or unauthorized transfer of any intellectual property and trade secrets of the Vendor, to include any exposed methods or source code where provided, no licensed right of use shall exist. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international laws.

WARRANTY

The Vendor represents and warrants that:

(i) The Vendor has all rights, authorizations or licenses to provide the PRODUCT to the End User;

(ii) The Vendor will use its best efforts to prevent the PRODUCT from being infected with any "worms", "viruses", "Trojan horses" or other programs or programming devices that might be used to modify, delete, damage, deactivate or disable the software, computer hardware or data of the End User;

LIMITATION ON AND EXCLUSION OF DAMAGES

THE END USER CAN RECOVER FROM THE VENDOR ONLY DIRECT DAMAGES UP TO THE AMOUNT THE DEVELOPER END USER PAID FOR THE SOFTWARE. THE DEVELOPER END USER CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL OR ANY OTHER DAMAGES.

This limitation applies to claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law. It also applies even if repair, replacement or a refund for the software does not fully compensate the End User for any losses; or the Vendor knew or should have known about the possibility of the damages.

DISCLAIMER
EXCEPT AS OTHERWISE DEFINED HEREIN, THE VENDOR EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE PRODUCT. THE PRODUCT AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH THE END USER.

NO LIABILITIES
To the maximum extent permitted by applicable law, in no event shall the Vendor be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use the PRODUCT or the provision of or failure to provide Support Services, even if the Vendor has been advised of the possibility of such damages.


SUPPORT SERVICES
The Vendor will provide the End User with free support services related to the PRODUCT ("Support Services") for the period till the next major version is published. Use of Support Services is governed by the Vendor’s policies and programs described in the user manual, in "on line" documentation and/or other Vendor provided materials. With respect to technical information the End User provides to the Vendor as part of the Support Services, The Vendor may use such information for its business purposes, including for PRODUCT support and development. The Vendor will not utilize such technical information in a form that personally identifies the End User.

Termination
Without prejudice to any other rights or remedies, the Vendor will terminate this EULA upon the failure of the End User to comply with any and all terms and conditions of this EULA. In such events, the End User must destroy all copies of the PRODUCT including any related documentation, and must immediately remove ANY and ALL use of the technology contained in the PRODUCT from any End User’s devices.

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