End user agreement for Firebird Metadata Synchronizer
Firebird Metadata Synchronizer Software
End User Software License Agreement
Tech Solutions USA Inc. grants to the Client a nontransferable, nonexclusive license of the software program, Firebird Metadata Synchronizer Software (the Program) solely for the following purposes:
a. To use in machine readable form on a single computer. In the case of multi-user versions of the software, to use in machine readable form on a single computer server.
b. To make a single copy of the program in any machine readable or printed form for backup or modification purposes in support of the Client’s use of the Program on a single computer.
The Client may not use, copy, modify, or transfer the program or any copy, modification or merged portion, in whole or in part, except as expressly provided for in this license agreement. If the Client transfers possession of any copy, modification or merged portion of the program to another party, except as provided for in this agreement, this license is terminated immediately.
The Program, all copies of the Program, and all source codes for the Program are proprietary to Tech Solutions USA, Inc. and title thereto shall at all times remain in Tech Solutions USA, Inc. All applicable rights to patents, copyrights, trademarks and trade secrets in the Program or any modifications made at Client’s request are and shall remain in Tech Solutions USA, Inc.
This license agreement is effective until terminated pursuant to this Paragraph 3. Client may terminate the license by destroying the Program together with all copies, modifications and merged portions in any form along with any printed material which was provided to the Client therewith. This License Agreement will also terminate upon breach of any term or condition of this Agreement in which case the Client agrees to destroy all the Program together with all copies, modifications and merged portions in any form with any printed material which was provided to Client therewith.
a. Tech Solutions USA, Inc. WARRANTS that the program will conform to it’s published specifications as per the User Manual for the Program. A copy of the User Manual will be provided to the Client in conjunction with the delivery of the Program(s) to the Client. In addition, Tech Solutions USA, Inc. warrants that the magnetic media on which the Program is recorded will be free from significant defects in materials and/or workmanship under normal use and service for a period of ninety (90) days from the date the Program is delivered to the Client. If, during this ninety (90) day period, a significant defect in the media should occur, the media may be returned to Tech Solutions USA, Inc. at Tech Solutions USA, Inc’s address, and Tech Solutions USA, Inc. will replace the media without charge to the Client. Medias must be returned postage prepaid and insured.
Tech Solutions USA, Inc. will not accept medias that have been sent C.O.D.
b. Any warranty to the software will be terminated immediately if any of the following conditions occur:
1. The software is installed, modified, updated or tampered with in ANY way by any person or organization that is NOT associated with Tech Solutions USA, Inc. either as an authorized reseller or authorized consultant for the Program.
2. The Client is unable to provide adequate capability for Tech Solutions USA, Inc. or any of their resellers to access their computer systems, servers and Eclipse Software and data, in order to perform such services that would supply technical support to the software. This includes, but is not limited to, providing high speed Internet access via DSL, Cable or T1 level speed or limiting access due to the Client imposing security restrictions disallowing such support to be provided.
3. The software is installed on any hardware or system configuration that doesn’t meet the system requirements as stated in the Eclipse User Manual for the products installed.
5. Ownership; Authority.
Tech Solutions USA, Inc. warrants that it has full authority to grant the rights granted by this Agreement to Client with respect to Program without the consent of any other person; and that neither the performance of Services by Tech Solutions USA, Inc. nor the license to and use by the Client of the Software and Documentation will in any way constitute an infringement or other violation of any copyright, trade secret, trademark, patent, invention, proprietary information, nondisclosure or other rights of any third party.
Compliance with Applicable Laws.
Tech Solutions USA, Inc. warrants that Software, its license to and use by Client, and the performance by Tech Solutions USA, Inc. of Services shall be in compliance with all applicable laws, rules and regulations.
EXCEPT FOR THE WARRANTIES SET FORTH ABOVE THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TECH SOLUTIONS USA, INC. DOES NOT WARRANT THAT THE FUNCTION CONTAINED IN THE PROGRAM WILL MEET THE REQUIREMENTS OF THE CLIENT OR THAT THE OPERATION OF THE PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE.
CLIENT ASSUMES RESPONSIBILITY FOR THE INSTALLATION, USE AND THE RESULTS OBTAINED FROM THE PROGRAM.
7. Limitations of Remedies
Tech Solutions USA, Inc’s entire liability and Client’s exclusive remedy shall be the replacement of any media not meeting Tech Solutions USA, Inc’s User Manual specifications.
IN NO EVENT WILL TECH SOLUTIONS USA, INC. BE LIABLE TO THE CLIENT FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF INABILITY TO USE THE PROGRAM BY THE CLIENT EVEN IF TECH SOLUTIONS USA, INC. HAS BEEN ADVISED BY THE CLIENT OF THE POSSIBILITY OF SUCH DAMAGES.
New versions of the Program may be subject to an upgrade charge to the Client or an increase in the annual renewable software maintenance agreement fee charged to the Client (if offered for the Product). However, upgrade charges and renewal fees will be consistent with industry and Tech Solutions USA Inc. past standards.
Any attempt to sublicense, assign or transfer any of the rights, duties or obligations to a third party by the Client without the prior written consent of Tech Solutions USA, Inc. hereunder is void.
Upon a breach of this License Agreement, Tech Solutions USA, Inc. shall have the right to recover reasonable attorney’s fees and court costs in the enforcement thereof. This Agreement will be governed by the laws of the State of Arizona.
© Tech Solutions USA Inc., 1998 - 2006
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