End user agreement for DBConvert for Oracle and MySQL
DBConvert for Oracle and MySQL Commercial License Agreement
PLEASE CAREFULLY READ THE FOLLOWING BEFORE USING THE SOFTWARE BEING PROVIDED TO YOU. USING THE SOFTWARE INDICATES YOUR ACCEPTANCE OF EACH OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH WHAT THIS AGREEMENT SAYS, DO NOT USE THE SOFTWARE.
This License Agreement defines the terms and conditions under which you (the Licensee) are permitted by DMSoft Technologies (the Licensor) to use DBConvert for Oracle and MySQL.
1.1 "Software" refers to DBConvert for Oracle and MySQL product, supplied on diskette, CD-ROM, or other distribution media, together with all documentation and manuals furnished therewith.
1.2 "Major upgrade" shall mean upgrade to a version of the Software that presents significant improvements (new features, essentially optimizations, lots of small modifications, etc.) with the major version number increased (from 5.0.0 to 6.0.0 for example).
1.3 "Minor upgrade" means upgrade to a version of the Software that includes slight modifications and bug fixes. The minor upgrade increases only minor version number (from 5.0.0 to 5.1.0 for example) or micro version number (e.g. from 5.0.0 to 5.0.1).
2. License grant
2.1 Licensor hereby grants to Licensee, and Licensee hereby accepts, subject to the terms and conditions set forth in this Agreement, a non-exclusive, non-transferable license to use the software as set forth in this Agreement. The term "license" as used in this Agreement shall mean and include:
2.1.1 The right to use the Software on a single computer system or workstation at one time;
2.1.2 The right to make a reasonable number of backup copies of the Software;
3. Trial Period
A trial version of the Software is offered for evaluation purposes only. Due to trial version limitation, the Licensee is able to run the Software and 50 records from each table from the source database will be proceeded.
The Licensee is eligible for free minor and major upgrades within one year from the date of registration. Then the License may be renewed for additional 1-year period by paying a renewal fee to the Licensor.
5. Trial Version Distribution
5.1 The Licensee may provide copies of the Software to others for their trial use so long as the Licensee:
5.1.1 Provides exact, unmodified copies of the Software, including all accompanying files, this Agreement, and all copyright, trademark, proprietary, and other notices;
5.1.2 Does not charge or collect any monetary or other compensation for or in connection with the Software, apart from a modest reproduction or handling fee;
5.1.3 References the Licensor as the sole source of the Software and reference the official Software website http://dbconvert.com/.
6.1 In accepting the license granted by Licensor, Licensee agrees that it shall not
6.1.1 Sublicense, sell, lease, permit use of, give, lend, distribute, release, provide access to, or in any way transfer registered the Software version or any copy or portion thereof;
6.1.2. Make any copies of the Software except as permitted herein;
6.1.3. Decompile, disassemble, reverse engineer, analyze, or otherwise attempt to discover the source code of the Software;
6.1.4. Use or incorporate the Software or any portion thereof in any other product without the prior written permission of the Licensor;
6.1.5. Remove, alter, or obscure the copyright, trademark, proprietary, or other notices from the Software or any of its screen displays.
6.1.6 Pass the license key, which the Licensee received from DMSoft Technologies, to any user.
7. Term of Agreement
7.1 The term of this Agreement shall commence at the time Licensee receives the Software and shall continue in effect indefinitely unless terminated as specified in Termination of Agreement, below.
8. Termination of Agreement
8.1 The license will terminate automatically if Licensee fails to comply with the limitations described above. Upon termination of the Agreement, the Licensee shall either destroy all licensed copies of the Software, and all backups, or return them to Licensor. This obligation shall survive the termination of this Agreement.
9. Copyright and proprietary information
9.1 Licensee acknowledges that the Software and all supporting documentation constitute valuable property of Licensor and that all title and ownership rights and related materials remain exclusively with Licensor.
9.2 Licensor reserves all rights with respect to the Software under all applicable laws for the protection of proprietary information, including, but not limited to, trade secrets, copyrights, trademarks, and patents.
9.3 Except as otherwise provided in this Agreement, Licensee shall not cause or permit unauthorized copying, reproduction, or disclosure of any portion of the Software or supporting documentation, or the delivery or distribution of any part thereof to any third person or entity, for any purpose whatsoever, without the prior written permission of Licensor. This restriction shall continue to bind Licensee and its agents and representatives beyond the termination of this Agreement.
10.1 By installing and using the Software, the Licensee hereby agrees to hold harmless, indemnify and defend the DMSoft Technologies, its officers, directors, employees and third party suppliers against any loss, damage, fine, or expense (including attorney's fees) arising out of or related to any claim that the licensee has used the Software in violation of applicable laws in the Licensee's jurisdiction. It is the responsibility of the Licensee to abide by the laws of whichever jurisdiction the Licensee resides in.
DISCLAIMER OF WARRANTY
THIS SOFTWARE IS SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY.
THIS SOFTWARE IS SOLD WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES WHATSOEVER. BECAUSE OF THE DIVERSITY OF CONDITIONS AND HARDWARE UNDER WHICH THIS SOFTWARE MAY BE USED, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE IS OFFERED. THE USER IS ADVISED TO TEST THE SOFTWARE THOROUGHLY BEFORE RELYING ON IT. THE USER MUST ASSUME THE ENTIRE RISK OF USING THE SOFTWARE.
For questions concerning this Agreement, please contact DMSoft Technologies at firstname.lastname@example.org