BaseNow distribution permissions and end-user license agreement
LICENSE TERMS FOR BASENOW
By using this software, you are agreeing to be bound by the terms
of this license. If you do not agree to these terms, promptly
cease all further installation or use of the software.
"You" or "your" as used herein means the person or company who is
being licensed to use the Software, as defined below. "We," "us"
and "our" as used herein means Gate Comm Software, Inc. We hereby
grant you a nonexclusive, non-transferable, revocable license to
use one copy of the Software on any single computer, provided the
Software is in use on only one computer at any time. If you
purchase multiple licenses for the Software, then at any time you
may have as many copies of the Software in use as you have
* A BaseNow Site License entitles an organization to receive one
copy of the distribution package and to duplicate it for any
number of people or workstations within a single site. All users
shall be permitted to access the software on an unlimited number
of computers at the same physical site location. This site
location would be defined as a single building.
* A BaseNow Corporate License entitles an organization to receive
one copy of the distribution package and to duplicate it for any
number of people or workstations within the entire corporation.
The organization can use BaseNow on an unlimited number of
computers, regardless of location, but owned or under the control
of the purchaser.
* If you have a lot of employees distributed geographically but
working for a single company, you may use a Corporate License.
The "Software" as referred to herein means the Gate Comm Software
"BaseNow", a desktop software database management software. The
Documentation as referred to herein shall mean the written
materials that you may receive in connection with the Software.
We will remain the sole and exclusive owners of all right, title
and interest in and to the Software and the Documentation.
ARCHIVAL OR BACKUP COPIES
You may copy the Software for back-up and archival purposes only,
provided however, that at all times herein, the original and each
copy is kept in your possession and that your installation and
use of the Software does not exceed that allowed in the "License
Grant" section above.
THINGS YOU MAY NOT DO
You agree and acknowledge that the Software and Documentation are
proprietary works that may be protected by the copyright laws of
various nations. You may only use the Software and Documentation
for the purposes and in accordance with the terms of this
Agreement. You may not, without limitation:
... copy the Documentation,
... copy the Software except to make archival or backup copies as
... place the Software onto a server so that it is accessible via
a public network such as the Internet, except as provided for
above in "LICENSE GRANT,"
... de-compile, reverse engineer and disassemble the Software,
... sublicense, rent, lease or lend any portion of the Software
You acknowledge that any violation of this paragraph will cause
us immediate and irreparable harm. Therefore, upon any actual or
impending violation of this paragraph, we shall be entitled to
the issuance of a restraining order, preliminary and permanent
injunction without bond, restraining or enjoining such violation
by you, your successors or assigns or any entity or person acting
in concert with you. Such remedy shall be additional to and not
in limitation of any other remedy which may otherwise be
available to us by law.
Distribution is permitted only for the evaluation version of the
Software without any modifications. All accompanying files must
be included. You are allowed to copy the evaluation version of
the Software and give it to any other person, as long as the
installation package is not modified in any way. You are
encouraged to put the evaluation version on as many web sites as
possible. The distribution on CD-ROM is also permitted.
You may assign all your license to use the Software and
Documentation to another person or legal entity (the "Assignee"),
provided however, that prior to such assignment, the Assignee
undertakes to be bound by your obligations under this Agreement.
Any attempt to assign or transfer the license to the Software,
the Documentation or this Agreement shall be ineffective, unless
the assignment complies with the terms of this paragraph. Upon
assignment of your license hereunder, you agree to transfer to
the Assignee all of your copies of the Software and
Documentation, including all copies of updates and prior versions
of the Software and Documentation and you further agree and that
you will retain no copies, including, without limitation,
electronic copies stored on computer discs or drives.
DISCLAIMER OF WARRANTY
The software and services offered by us are provided on an "as
is" and "as available" basis without warranties of any kind,
express, implied or statutory, including but not limited to, the
implied warranties of title, noninfringement merchantability and
fitness for a particular purpose. We do not warrant that the
Software will be- uninterrupted, timely, reliable, secure or
error-free and expressly disclaim any warranties as to the
materials contained therein, the servers used or the goods or
services offered by us.
EXCLUSION OF CERTAIN DAMAGES
In no event will we be liable to you for any damages, including
any lost profits, lost savings, or other incidental or
consequential damages arising from the use or the inability to
use the Software (even if we or an authorized dealer or
distributor has been advised of the possibility of these
damages), or for any claim by any other party.
TERM AND TERMINATION
This Agreement takes effect upon your acceptance of the terms of
this Agreement and remains effective until terminated by either
party in accordance with this Agreement. You may terminate this
Agreement at any time by destroying all copies of the Software
and Documentation in your possession and giving us prompt notice
of same. This Agreement will automatically terminate if you fail
to comply with any term or condition of this Agreement. Upon
termination of this Agreement, you warrant and represent that you
will immediately destroy all copies of the Software and
Documentation or other materials provided to you hereunder, if
any, that are still in your possession and provide us prompt
written assurance of same.
Non Disclosure. You agree and acknowledge that the Software, its
algorithms, protocols or interfaces, and the Documentation
constitute proprietary and confidential information that belong
to us (the "Confidential Information"). You also understand and
agree that misuse and/or unauthorized disclosure of our
Confidential Information could adversely affect our business.
Accordingly, you agree that at all times you will (a) use and
reproduce the Confidential Information only for the purposes of
this Agreement and only to the extent necessary for such purpose;
(b) restrict disclosure of the Confidential Information to your
employees, consultants or independent contractors with a need to
know and (c) not disclose the Confidential Information to any
third party without our prior written approval. Notwithstanding
the foregoing, it shall not be a breach of this Agreement for You
to disclose Confidential Information if required to do so under
law or in a judicial or other governmental investigation or
proceeding, provided however, that You give us prior notice of
the disclosure sought and You seek all reasonably available
safeguards against widespread dissemination prior to such
Remedies. You acknowledge that any violation of this paragraph
will cause us immediate and irreparable harm and that the damages
which we will suffer may be difficult or impossible to measure.
Therefore, upon any actual or impending violation of this
paragraph, we shall be entitled to the issuance of a restraining
order, preliminary and permanent injunction without bond,
restraining or enjoining such violation by you, your successors
or assigns or any entity or person acting in concert with you.
Such remedy shall be additional to and not in limitation of any
other remedy which may otherwise be available to us by law.
Distribution is permitted only for the evaluation version of the Software without any modifications. All accompanying files must be included. You are allowed to copy the evaluation version of the Software and give it to any other person, as long as the installation package is not modified in any way. You are encouraged to put the evaluation version on as many web sites as possible. The distribution on CD-ROM is also permitted.