DB Solo distribution permissions and end-user license agreement
PRODUCT LICENSE AGREEMENT
BY DOWNLOADING OR USING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE
BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL
OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THIS LICENSED PRODUCT.
This DB Solo Product License Agreement (the
"Agreement") is a legal agreement between you and DB Solo.
In this Agreement, the term "Licensed DB Solo
Product" means the Software, including associated media and printed
materials, and "online" or electronic documentation. The term "You" or
"you" means the company, entity, or individual who is using the DB Solo Product.
TERMS AND CONDITIONS
0. EXPORT. You agree that U.S. export control laws and other applicable export and import
laws govern your use of the programs, including technical data. You agree that neither
the programs nor any direct product thereof will be exported, directly, or indirectly,
in violation of these laws, or will be used for any purpose prohibited by these laws
including, without limitation, nuclear, chemical, or biological weapons proliferation.
1. LICENSE TO USE. Subject to the terms of this Agreement, DB Solo grants
to You a non-exclusive license ("Product License") to use the
Licensed DB Solo Product, in machine readable form, at a single
You may install the DB Solo Product on more than one computer provided that the
DB Solo Product is only used by You, not by anyone else.
You understand that the Licensed DB Solo Product is a proprietary
product of DB Solo, contains trade secrets, and is protected by
copyright law. This Agreement does not provide You with title or ownership
of any Licensed DB Solo Product, but only a right of use. Subject
to the Product License granted hereunder, DB Solo retains sole and
exclusive ownership of all right, title, and interest in and to the
Licensed DB Solo Product and all copies thereof.
2. CONFIDENTIALITY AND NONDISCLOSURE. All DB Solo proprietary
information, including the Licensed DB Solo Product and any related
source code, object code, content, documentation, training, and technical
information provided to You shall be considered "Confidential Information"
under this Agreement.
You shall not disclose any DB Solo Confidential Information to any
person or entity, and shall take at least such measures to protect such
Confidential Information as You take to protect Your own proprietary and
confidential information. This restriction shall not apply to any
Confidential Information which is required to be disclosed by government
or judicial order.
All Confidential Information provided to You under this Agreement shall
be destroyed promptly upon termination of
this Agreement, and upon request, You shall certify in writing to DB Solo that
You have done so. The terms of this Section 2,
Confidentiality and Nondisclosure, shall survive expiration or termination
of this Agreement.
You shall ensure that the Licensed DB Solo Product is not modified,
translated, reverse engineered, decompiled, or disassembled in any manner,
for any reason.
3. DISCLAIMER OF WARRANTY. DB Solo makes no warranties whatsoever
as to the operational performance of the Licensed DB Solo Product
whose use is licensed under this Product License. THE LICENSED DB SOLO
PRODUCT IS PROVIDED "AS IS". DB SOLO DOES NOT WARRANT THAT THE
LICENSED DB SOLO PRODUCT OR ITS SERVICES AND SYSTEM WILL BE
UNINTERRUPTED OR ERROR-FREE OR OPERATE IN A FAULT-TOLERANT MANNER.
DB SOLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS
ARE HELD TO BE LEGALLY INVALID. The entire risk as to the quality and
performance of the Licensed DB Solo Product, including any server
hosting the software provided by DB Solo, is borne by You. Should the
Licensed DB Solo Product or system prove defective, You, and not
DB Solo, assume the entire cost of any service and repair. This
disclaimer of warranty constitutes an essential part of this Agreement.
THE TERMS OF THIS SECTION 3, DISCLAIMER OF WARRANTY, SHALL SURVIVE
EXPIRATION OR TERMINATION OF THIS AGREEMENT.
4. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE,
SHALL DB SOLO BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR
ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER,
RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF DB SOLO SHALL HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER
PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, DB SOLO IS
FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS
OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), DB SOLO`S LIABILITY
TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE. THE TERMS
OF THIS SECTION 4, LIMITATION OF LIABILITY, SHALL SURVIVE EXPIRATION OR
TERMINATION OF THIS AGREEMENT.
5. GENERAL. (a) Upon termination of this Agreement, You shall promptly
unistall and remove any DB Solo software, documentation,
Licensed DB Solo Product and other DB Solo Confidential
Information. (b) This Agreement is binding upon and will inure to the
benefit of a party and its successors and assigns. (d) This Agreement
shall be considered an agreement made in New Hampshire and shall be
governed by and construed in accordance with the laws of the
State of New Hampshire.
NOTICE OF RESTRICTED RIGHTS
"Programs delivered subject to the DOD FAR Supplement are `commercial computer software`
and use, duplication, and disclosure of the programs, including documentation, shall be subject
to the licensing restrictions set forth in the license agreement. Otherwise, programs delivered
subject to the Federal Acquisition Regulations are `restricted computer software` and use, duplication,
and disclosure of the programs, including documentation, shall be subject to the restrictions in FAR 52.227-19,
Commercial Computer Software-Restricted Rights (June 1987). "
Last update: 12/22/2004