DBScribe for SQL Server distribution permissions and end-user license agreement
END-USER LICENSE AGREEMENT FOR LEADUM SOFTWARE
Important-Read Carefully: This End-User License Agreement ("EULA") is a legal agreement between you either an individual or a single legal entity ("LICENSE") and Leadum Software LLC (Leadum Software), for the DBScribe 1.2 for SQL Server software, which includes computer software components and associated media, printed materials, and "online" or electronic documentation ("SOFTWARE").
By installing, copying, or otherwise using the SOFTWARE, LICENSEE agrees to be bound by the terms of this EULA. If LICENSEE does not agree to the terms of this EULA, then installation or use of the SOFTWARE is not permitted.
By explicitly accepting this EULA you are acknowledging and agreeing to be bound by the following terms:
1. GRANT OF LICENSE
The SOFTWARE is owned by Leadum Software. It is licensed, not sold. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. Leadum Software reserves all intellectual property rights, including copyrights and trademark rights.
According to your order, Leadum Software grants you a non-exclusive, non-transferable license to use the SOFTWARE under certain obligations and limited rights as set forth in this agreement:
- Single-Machine License: Leadum Software grants the non-exclusive, non-transferable right to install and use this SOFTWARE on a single computer system. Each additional installation of the Software Product requires an additional SOFTWARE License. You may transfer the SOFTWARE License to a different computer system only if you remove the previous installation completely.
- Site License: Leadum Software grants the non-exclusive, non-transferable right to install and use this SOFTWARE on multiple computers by multiple users within the limitations of a single company`s site location. A site location is defined by the physical location of the purchasing site and other company locations within a 100-mile radius. This limitation is further enforced by the requirement that all developers share an email domain (i.e. firstname.lastname@example.org, email@example.com). Multiple developers may request support as long as all share the email domain of the original Site license purchaser.
- Enterprise License: Leadum Software grants the non-exclusive, non-transferable right to install and use this SOFTWARE on multiple computers by multiple users within the limitations of a single company`s Enterprise facility or facilities. The Enterprise license is valid only for 1 (one) organization/company/firm, but without user limitation. The end-user is LICENSEE. Use of the SOFTWARE can be in an Intranet/Extranet or over the Internet with non-anonymous users, e.g. authenticated, closed user groups. The Enterprise license permits an unlimited number of users to use the SOFTWARE from any personal computer within the Enterprise facilities, including those attached to a Local Area Network on the Enterprise site; to use the SOFTWARE from personal computers connected to the Enterprise site through a Wide Area Network and/or by any form of remote or telecommunication access. This limitation is further enforced by the requirement that all developers share an email domain (i.e. firstname.lastname@example.org, email@example.com). Multiple developers may request support as long as all share the email domain of the original Enterprise license purchaser. Such designate shall include, without limitation, any and all users of the SOFTWARE who are part-time or full- time employees, or any contractors to Licensee and/or contractor`s part-time or full-time employees.
All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE), the accompanying printed materials, and Leadum Software or its suppliers own any copies of the SOFTWARE. Copyright laws and international treaty provisions protect the SOFTWARE. Therefore, Licensee must treat the SOFTWARE like any other copyrighted material except that Licensee may install the SOFTWARE on a single computer provided Licensee keep the original solely for backup or archival purposes. Licensee may not copy the printed materials accompanying the SOFTWARE.
3. RESTRICTED USE FOR EVALUATION
You have a nonexclusive, non-transferable right to install and execute the unregistered copy of SOFTWARE for a period of fourteen (14) days (the "EVALUATION PERIOD"). The unregistered copy of SOFTWARE contains a feature that will automatically disable the SOFTWARE then the EVALUATION PERIOD is expired.
The unregistered copy of SOFTWARE may be used for evaluation and testing purposes only and not for general commercial use. Customer must pay a license fee for the SOFTWARE to obtain the right to use the SOFTWARE for general commercial use and(or) for unlimited period.
4. SUPPORT SERVICES
Leadum Software may provide Licensee with support services related to the SOFTWARE ("Support Services"). Use of Support Services is governed by the Leadum Software polices and programs described in the user manual, in "online" documentation, and/or in other Leadum Software - provided materials. Any supplemental software code provided to Licensee as part of the SUPPORT SERVICES shall be considered part of the SOFTWARE and subject to the terms and conditions of this EULA. With respect to technical information LICENSEE provides to Leadum Software as part of the SUPPORT SERVICES, Leadum Software may use such information for its business purposes, including for product support and development. Leadum Software will not use such technical information in a form that personally identifies LICENSEE without first obtaining LICENSEE permission.
If the SOFTWARE is labelled as an upgrade, LICENSEE must be properly licensed to use software identified by Leadum Software as being eligible for the upgrade in order to use the SOFTWARE. SOFTWARE labelled as an upgrade replaces and/or supplements the software that formed the basis for Licensee`s eligibility for the upgrade. Licensee may use the resulting upgraded software only in accordance with the terms of this EULA. If the SOFTWARE is an upgrade of a component of a package of software programs that Licensee licensed as a single product, the SOFTWARE may be used and transferred only as part of that single product package and may not be separated for use by no more than one user.
6. SERIAL KEYS
Leadum Software issues a SERIAL KEYS that allows you to use the SOFTWARE accordingly. SERIAL KEYS must not to be distributed to any person, organization, newsgroup etc except the purchaser of the product. In the case of Site or Enterprise license, only those users currently working at purchasing Site or Enterprise location may receive distribution. It is a violation of this EULA agreement to distribute SERIAL KEYS and will result in termination of EULA and deactivation of SERIAL KEYS if it is determined that SERIAL KEYS were willfully distributed.
Abuse of single-machine license by multiple installations - it is a violation of EULA for more than one user to install and use software licensed to a single-machine. Such use constitutes a violation of EULA and requires the purchase of additional licenses up to and including all unauthorized users.
Only SERIAL NUMBERS purchased via Leadum Software or approved reseller may be used to unlock this software. SERIAL KEYS obtained via other means constitute violation of the EULA and may result in termination of all EULA agreements with Leadum Software.
- Use, copy, or distribute the Software Product, except as granted by this EULA, without written authorization from Leadum Software.
- Remove or alter any trademark, logo, copyright or other proprietary notice, legend, symbol or label in the SOFTWARE.
- Separation of Components. The component parts of the SOFTWARE may not be separated for use on more than one computer.
- Reverse engineer, decompile, defeat license encryption mechanisms, or disassemble the SOFTWARE except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
- LESENSEE may not rent, lease, lend, or in any way distribute or transfer any rights in this EULA or the SOFTWARE to third parties without Leadum Software written approval, and subject to written agreement by the recipient of the terms of this EULA.
8. DISCLAIMER OF WARRANTIES.
To the maximum extent permitted by applicable law, Leadum Software and its suppliers provide the SOFTWARE and any (if any) Support Services AS IS AND WITH ALL FAULTS, and hereby disclaim all warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties or conditions of merchantability, of fitness for a particular purpose, of lack of viruses, of accuracy or completeness of responses, of results, and of lack of negligence or lack of workmanlike effort, all with regard to the SOFTWARE, and the provision of or failure to provide Support Services. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE. THE ENTIRE RISK AS TO THE QUALITY OF OR ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND SUPPORT SERVICES, IF ANY, REMAINS WITH YOU.
9. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LEADUM SOFTWARE OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LEADUM SOFTWARE OR ANY SUPPLIER, AND EVEN IF LEADUM SOFTWARE OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. LIMITATION OF LIABILITY AND REMEDIES.
Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of LEADUM SOFTWARE and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SOFTWARE or U.S.$5.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. APPLICABLE LAW.
If you acquired this SOFTWARE in the United States, the laws of the State of Delaware govern this EULA. If this SOFTWARE was acquired outside the United States, then local law may apply.
This Agreement will be governed by the laws of the Ukrainian Republic, without reference to conflict of laws principles. The United Nations Convention for the International Sale of Goods shall not apply.
Without prejudice to any other rights, Leadum Software may terminate this EULA if LICENSEE fails to comply with the terms and conditions of this EULA. In such event, LICENSEE must destroy all copies of the SOFTWARE and all of its component parts.
13. ENTIRE AGREEMENT.
This EULA (including any addendum or amendment to this EULA which is included with the SOFTWARE) is the entire agreement between you and Leadum Software relating to the SOFTWARE and the Support Services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the SOFTWARE or any other subject matter covered by this EULA. To the extent the terms of any Leadum Software policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
If you have any questions concerning this EULA, or if you desire to contact Leadum Software for any reason, please contact the Leadum Software subsidiary serving your country, or write firstname.lastname@example.org.
This product can be freely distributed through the Internet. To publish it on a CD, please contact [info at leadum.com]