End user agreement for Sync Database MySQL Edition
END USER LICENSE AGREEMENT FOR SYNC DATABASE PRODUCT MARCH 13, 2008: metadata d.o.o. LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("EULA"). READ THE TERMS OF THIS EULA CAREFULLY. BY INSTALLING, COPYING OR OTHERWISE USING THE SOFTWARE (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT INSTALL, COPY OR USE THE SOFTWARE AND IF YOU HAVE PROOF OF PAYMENT, YOU MAY RETURN THE UNUSED SOFTWARE TO THE LOCATION AT WHICH YOU ACQUIRED IT WITHIN THIRTY (30) DAYS FOR A REFUND OF THE LICENSE FEE. NOTICE TO CUSTOMER This EULA is a contract between you (either an individual or an entity) and metadata d.o.o. ("metadata"), which governs your use of the metadata software product that accompanies this EULA and related software components, which may include associated media, printed materials, and online or electronic documentation. DEFINITIONS This software package contains Sync Database software product. In this EULA, the Sync Database and associated media, printed materials, and online or electronic documentation are collectively referred to as the "Software." The Software enables you to synchronize schema between two databases on a single personal computer. A serial number ("Software License Key") issued to you by metadata is required to use the Software. The term "Number of Licensed Users" means the number one (1), unless you received a metadata License Certificate with this software product, in which case the term "Number of Licensed Users" means the Number of Licensed Users set forth on the metadata License Certificate. WARNING FOR EVALUATION USE The Software can be used for 30 days without purchased Software License Key. In this time, you will have access to limited functionality of the Software. After this time, you must purchase Software License Key or uninstall the product. DURING EVALUATION, THE SOFTWARE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. metadata BEARS NO LIABILITY FOR ANY DAMAGES RESULTING FROM USE (OR ATTEMPTED USE) OF THE SOFTWARE THROUGH OR AFTER THE EXPIRATION DATE, AND HAS NO DUTY TO PROVIDE SUPPORT OR SOFTWARE UPDATES TO YOU. LICENSE The Software is licensed, not sold. Subject to the terms and limitations of this EULA, metadata hereby grants you a nonexclusive, nontransferable license, without rights to sublicense, to (i) make a number of copies of the Software less than or equal to the Number of Licensed Users for the purpose of installing a single copy of the Software on an equivalent number of personal computers, each of which is running a validly licensed copy of the operating system for which the Software is designed; (ii) use the Software License Key to activate each copy of the Software made in accordance with sub-clause (i); ( iii) have up to the Number of Licensed Users use the Software (in object code form only) solely for your own internal information processing services and computing needs; and (iv) use the documentation accompanying the Software in connection with permitted uses of the Software. If you are an entity, each copy of the Software may be used by one designated individual user only. The total number of designated users may not exceed the Number of Licensed Users. Each copy of the Software may not be used by any other person, whether or not such person is employed by or otherwise associated with your entity. LICENSE LIMITATIONS You may not copy the Software except for a reasonable number of machine-readable copies of the Software for backup or archival purposes and except as expressly permitted in the License section above. You may not share or use concurrently the Software except as expressly permitted in the Limited Shared Use License section above. You may not remove any titles, trademarks or trade names, copyright notices, legends, or other proprietary markings on the Software. You are not granted any rights to any trademarks or service marks of metadata. metadata retains all rights not expressly granted to you. LICENSE AS UPGRADE OF PREVIOUSLY LICENSED PRODUCT If you purchased this Desktop software product as an upgrade at the applicable upgrade price, then you must have previously purchased a prior version of this Desktop software product at the applicable product (not upgrade) price. If you have not purchased a prior version at the applicable product price, then please contact the vendor from whom you purchased the upgrade, or, if you are unable to contact your vendor, metadata, to make payment for the difference between the upgrade price and the product price within thirty (30) days of the date you purchased the upgrade. If you do not make the appropriate payment to your vendor or metadata within thirty (30) days, this EULA will automatically terminate and you must comply with the termination provisions below. LICENSES REQUIRED FOR THIRD-PARTY SOFTWARE The Software allows schema synchronization between two databases. You are responsible for obtaining any licenses necessary to operate any such database system. PROPRIETARY RIGHTS RESERVED BY metadata metadata retains all right, title, and interest in and to the Software and the Software License Key and in all related copyrights, trade secrets, patents, trademarks, and any other intellectual and industrial property and proprietary rights, including registrations, applications, renewals, and extensions of such rights. RESTRICTIONS You may not (i) sell, lease, license, sublicense, distribute or otherwise transfer in whole or in part the Software or the Software License Key to another party; (ii) provide, disclose, divulge or make available to, or permit use of the Software in whole or in part by, any third party without metadata's prior written consent; (iii) decompile, disassemble, reverse engineer, or otherwise attempt to derive source code from the Software, in whole or in part; (iv) modify or create derivative works based upon the Software; or (v) use the Software to provide network, application hosting or other services to third parties, or otherwise use the Software on a service bureau or hosting basis for your customers. You may not disclose the results of any benchmark test of the Software to any third party without metadata's prior written approval. LIMITED SUPPORT AND SUBSCRIPTION SERVICES metadata may provide limited web-based support services related to the Software for a period of thirty (30) days after the date of purchase. Upon expiration of such 30-day period, metadata will not provide any support services under this EULA. For a period of eighteen (18) months from the date of shipment of the Software, you shall be entitled to receive error corrections and/or fixes to the Software ("Updates"). Updates are generally designated by means of a change of the minor number or number to the right of the decimal point (e.g. Software 5 >> Software 5.0.1 or Software 5.1). Upon expiration of such 18-month period, you shall no longer be entitled to Updates under this EULA. This EULA does not give you any rights to receive any functional enhancements or extensions to the Software developed by metadata at any time in the future that are generally made available for an additional license fee ("Upgrade"). Upgrades are designated by means of a change of the major number or number to the left of the decimal point (e.g. Software 5 >> Software 6). You may purchase support and subscription services separately. Any supplemental software code or related materials that metadata provides to you as part of any support and subscription services are to be considered part of the Software and are subject to the terms and conditions of this EULA. metadata may use any technical information you provide to metadata for any metadata business purposes without restriction, including for product support and development. metadata will not use information in a form that personally identifies you. TERMINATION metadata may terminate this EULA if you fail to comply with any term of this EULA. In the event of termination, you must destroy all copies of the Software and Software License Key. In addition you must remove all copies of the Software from the personal computer(s) on which it is installed. LIMITED WARRANTY metadata warrants that the media, if any, on which the Software is delivered will be free of defects and that the Software will substantially conform to the description contained in the applicable end user documentation, in each case for a period of 90 days after the date of shipment of the Software License Key. EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, metadata MAKES AND YOU RECEIVE NO WARRANTIES ON THE SOFTWARE, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS EULA OR COMMUNICATION WITH YOU, AND metadata SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. LIMITATION OF LIABILITY IN NO EVENT WILL metadata BE LIABLE FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER metadata HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. metadata'S LIABILITY UNDER THIS EULA WILL NOT, IN ANY EVENT, EXCEED THE LICENSE FEES, IF ANY, PAID BY YOU TO metadata FOR THE SOFTWARE LICENSED BY YOU UNDER THIS EULA. GENERAL This EULA is governed by the laws of Switzerland without regard to conflict of law principles. This EULA is the entire agreement between us and supersedes the terms of any purchase orders and any other communications or advertising with respect to the Software. If any provision of this EULA is held invalid, the remainder of this EULA shall continue in full force and effect. This EULA may be modified only by written agreement signed by authorized representatives of you and metadata. CONTACT INFORMATION If you have any questions about this EULA, or if you want to contact metadata for any reason, please find metadata's contact information at http://www.spectralcore.com.