Datanamic End-User License Agreement for DeZign for DatabasesThis End-User License Agreement ("Agreement") is a legal agreement between You (an individual or a single entity) and Datanamic Solutions ("Datanamic") for the Software Product "DeZign for Databases" which may include software components, media, printed materials, and "on-line" or electronic documentation ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.
The Software is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The Software is licensed, not sold.
Grant of License. Datanamic hereby grants to You the following non-exclusive rights in respect of the Software subject to Your fulfillment of the relevant criteria. The rights granted to You are personal and non-transferable.
(a) Trial/Evaluation License. You may use a copy of the evaluation version of the Software, (comprising the trial/evaluation version of the programs and any accompanying documentation), for evaluation purposes only without charge for a period of 30 days. If You continue to use the Software after expiration of the evaluation period You must pay the License fee and obtain a full License. Until You have paid the License fee for the Software, You may only use the Software for evaluation purposes. For details of payment, please visit our website at: www.datanamic.com. When payment has been received by Datanamic You will be sent a License code and key.
(b) Single User License. You may use the Software on a single computer for Your personal, educational or business use PROVIDED THAT You have obtained from Datanamic a Single User License code and key. Under this Single User License You may also install the Software on a second computer, for example a home computer or laptop, provided that You are the sole user of both computers and that You do not allow concurrent use of the Software by more than one individual.
(c) Multi User License or Volume Site Licenses. If you have purchased a multi-user license you have the right to install or access a copy of Software on multiple computers up to the number of "Licensed Copies" that you have acquired.
(d) Backup Copies. You may make copies of the Software for backup and archival purposes only. The backup copies must include all copyright information contained in the original.
(e) Not For Resale Software. If this Software is marked "Not for Resale" or "NFR", your license only permits use for demonstration, testing, or evaluation purposes.
(f) Academic or Educational License (if applicable). If this Software is marked "Academic" or "Educational", your license only permits use in qualified educational institutions.
Maintenance of Copyright Notices. All the native resources, restrictions and copyright notices shipped with the original product must be preserved and included with all copies of the Software.
Transfer. You have a permanent right to transfer all your rights under this Agreement to another party by passing all the copies of the Software licensed, together with a copy of this Agreement and the accompanying written materials, provided that the other party accepts the terms of this Agreement.
Upgrades. Notwithstanding any other terms in this Agreement, if the Software is licensed as an upgrade or update, then you may only use the Software to replace the previous validly licensed versions of the same Software. You agree that the upgrade or update does not constitute the granting of a second license to the Software (i.e., you may not use the upgrade or update in addition to the Software it is replacing, nor may you transfer the replaced software to a third party).
Activation. Datanamic has included features in the Software to prevent unlicensed use of the Software. You agree that Datanamic may do so. In particular, use of the Software requires that Licensee activate the Software through the Internet as described during the first-time start up of the Software. During such activation, Datanamic may collect certain non-personal technical information from your computer concerning your computer or network. You agree that Datanamic may do so. You may be required to reactivate the Software if you modify your computer hardware or the Software.
Distribution. You may not distribute, rent, lease, loan or sublicense the Software in whole or in part, or transmit it over a network for use on more computers for which you have no valid License.
Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not create derivative works based upon the Software in whole or in part, unless otherwise expressly indicated by Datanamic.
Compliance with Applicable Laws. You must comply with all applicable laws regulating the use of the Software. The terms of this Agreement remain in full force and effect unless found unenforceable.
Term and Termination of the Agreement. This Agreement takes effect when the Software is installed or used for the first time, and remains valid until terminated. You are free to terminate it at any time by destroying the original and any archival copies of the Software, and notifying Datanamic in writing. Datanamic may terminate this License without notice upon your failure to abide by this Agreement.
Limited Warranty. Datanamic warrants the performance of the Software substantially in accordance with the Documentation for a period of 30 (thirty) days from the date of original retail purchase (as evidenced by a copy of your receipt). If the Software fails to meet the specifications of the warranty set forth above, your exclusive remedy will be replacement of the CD or a reasonable effort on the part of Datanamic to make the product meet the above warranty specification. This limited warranty applies only if you return all the copies of the Software along with a copy of your paid invoice to the location where you purchased it, within 30 (thirty) days after the purchase. Any Software provided to you for replacement will be further guaranteed for 30 (thirty) days from the date of receipt. EXCEPT FOR THESE EXPRESS LIMITED WARRANTIES, DATANAMIC GIVES YOU NO WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH YOU. Datanamic SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Datanamic does not warrant that the operation of the Software will be uninterrupted or error-free.
Limitation on Liability. NEITHER DATANAMIC NOR ITS AUTHORIZED REPRESENTATIVES INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THIS PRODUCT SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR INTENTIONAL DAMAGES, INCLUDING ANY LOSS OF USE, LOST PROFITS, INTERRUPTION OF BUSINESS OR LOST SAVINGS, ARISING OUT OF USE OF OR RELATING TO THE SOFTWARE AND THIS LICENSE, EVEN IF A Datanamic REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.
Complete Agreement. The express terms of this Agreement constitute the entire Agreement between you and Datanamic. If the license was purchased for your own use, its terms apply to you. If purchased for corporate use, this Agreement applies to you, your company and the employees of the company.
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