Database WorkbenchtmLicense Agreement


Product: Database Workbench
Author: Upscene Productions
Publisher: Upscene Productions
Latest version: (see elsewhere on this website)
License version: 2.0 from 2014/07/22 for Database Workbench 5, All Editions (if installed product has a newer version, that version is valid)
WWW: http://www.upscene.com
Support: support@upscene.com

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END-USER LICENSE AGREEMENT FOR THIS SOFTWARE
Important - read carefully:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and the mentioned author of this Software for the software product identified above, which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"). The alternate version of SOFTWARE PRODUCT called TRIAL VERSION is a time limited version of SOFTWARE PRODUCT. SOFTWARE PRODUCT may be installed as part and/or accompanying third party software, called a "VAR-installation". TRIAL VERSION may be installed accompanying other software as a demo.

By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE PRODUCT; you may, however, return it to your place of purchase for a full refund.

SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT/TRIAL VERSION is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

LICENSE TYPES

  1. NAMED LICENSE
    A license key for a specific user or company name, license itself stays valid forever.
  2. DATE-RESTRICTED LICENSE
    A license key for a specific user or company name, license valid until pre-determined date.
1. GRANT OF LICENSE.
This EULA grants you the following rights:

Installation and Use:
You may install and use an unlimited number of copies of the TRIAL VERSION.

You may use as many instances of SOFTWARE PRODUCT concurrently as you have licenses for. For VAR-related restrictions, see (4).

Reproduction and Distribution:
You may reproduce and distribute an unlimited number of copies of the TRIAL VERSION; provided that each copy shall be a true and complete copy, including all copyright and trademark notices, and shall be accompanied by a copy of this EULA. Copies of the TRIAL VERSION may be distributed as a standalone product or included with your own product. In case of a VAR-installation, SOFTWARE PRODUCT may only be installed as part of the accompanying third party software.

Duration of updates of SOFTWARE PRODUCT for a NAMED LICENSE:
You are eligable to free updates of SOFTWARE PRODUCT for 1 year. In case of a VAR-installation, the third party will be notified of new releases, not the end-user.

After the first year, additional update periods can be purchased.

Duration of updates of SOFTWARE PRODUCT for a DATE-RESTRICTED LICENSE:
As long as the license is valid, you will get updates.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

Limitations on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Separation of Components.
The SOFTWARE PRODUCT is licensed as a single product. Its component parts may not be separated for use on more than one computer.

Software Transfer.
You may permanently transfer all of your rights under this EULA, provided the recipient agrees to the terms of this EULA.

Termination.
Without prejudice to any other rights, the Author of this Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.

Distribution.
The SOFTWARE PRODUCT may not be sold or be included in a product or package which intends to receive benefits through the inclusion of the SOFTWARE PRODUCT. A third party is allowed to install SOFTWARE PRODUCT as part of third party's software product if the third party has a VAR-license agreement. SOFTWARE PRODUCT is then licensed in name of the third party.

3. COPYRIGHT.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by the Author of this Software. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes.

4. VAR-LICENSE-AGREEMENT.
A third party ("VAR") that wants to install SOFTWARE PRODUCT as part of their own product or to support their own product can do this after purchasing a VAR-license instead of end-user licenses.

A VAR-license does not allow VAR to install SOFTWARE PRODUCT on any number of computers at the VAR office.

A VAR may install SOFTWARE PRODUCT on any number of computers as part of their own product install.

5. U.S. GOVERNMENT RESTRICTED RIGHTS.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in sub-paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or sub-paragraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is

Upscene Productions
Hoessenboslaan 56
5351 PD Berghem
The Netherlands

MISCELLANEOUS

If you acquired this product in Austria, this EULA is governed by the laws of Austria.

If this product was acquired outside Austria, then local law may apply.

Should you have any questions concerning this EULA, or if you desire to contact the author of this Software for any reason, please contact him/her at the email address mentioned at the top of this EULA or write to his address (also mentioned at the top).

LIMITED WARRANTY

NO WARRANTIES.
The Author of this Software expressly disclaims any warranty for the SOFTWARE PRODUCT. The SOFTWARE PRODUCT and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchant-ability, fitness for a particular purpose, or non-infringement. The entire risk arising out of use or performance of the SOFTWARE PRODUCT remains with you.

NO LIABILITY FOR DAMAGES.
In no event shall the author of this Software be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of or inability to use this product, even if the Author of this Software has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.