PowerDBTools 2.2

EULA - End User License Agreement

End-User License Agreement for PowerDBTools

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between Licensee (either an individual or a single entity) and Ogma Inc ("Licensor"), which covers your use of PowerDBTools and related software components ("Software").
If you do not agree to all of the terms of this EULA, then you should not download, install and use the Software. If you already downloaded or installed the Software, you should remove the Software from your system and destroy all copies.

1. Definitions
"Licensor" means Ogma Inc.
"Licensee" means an individual or a legal entity exercising rights under, and complying with all of the terms and conditions of this EULA or a future version of this EULA.
"Software" means software program known as PowerDBTools in binary form, including its documentation, any third party software programs that are owned and licensed by parties other than Licensor and that either integrated with or made part of Software (collectively, "Third Party Software").
"License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form, and defines the optional rights related to the Software.
"License Key" means a unique key-code file, provided by Licensor or its authorized representatives, that enables the Licensee to use the Software.

2. Ownership
The Software is the property of Licensor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part and all copies thereof, and all modifications, enhancements, derivatives and other alterations of the Software regardless of who made any modifications, if any, are, and will remain, the sole and exclusive property of Licensor.

3. Grant of License
According to the License Certificate, Licensor grants Licensee a non-exclusive, non-transferable license to use the Software, under certain obligations and limited rights as set forth in this EULA:
Licensee may:
" use each License Key on one computer system. Each additional user or computer requires an additional License Key.
" make copies of the Software and the License Key as reasonably necessary for the use authorized by this EULA, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

4. Evaluation License
A time limited version of the Software, Evaluation License, is provided for a period of twenty one (21) days ("Evaluation Period") from the date of issuing a temporary evaluation License Key. The time limited version is subject to all terms set forth in this EULA with the exception that the Evaluation License is not for general commercial use.
The Software contains a feature that will automatically disable the Software after the Evaluation Period has expired. Licensee may not disable, destroy, or remove this feature of the Software, and any attempt to do so will be in violation of this EULA and immediately terminate this agreement.

5. License Restrictions
Licensee may not:
" reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software in whole or in part.
" distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the Software.
" modify or create derivative work based Software in whole or in part.
" tamper with, alter, disable or circumvent the Software's built-in license verification and enforcement capabilities.
" remove of alter any trademark, copyright, logo or other proprietary notices in the Software.
" disclose the License Key in any way.

6. Disclaimer of Warranty
Unless specified in this EULA, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement are disclaimed, except to the extent that these disclaimers are held to be legally invalid.

7. Limitation of Liability
To the extent not prohibited by law, in no event will Licensor (or any third-party-developer) be liable for any lost revenue, profit or data, or for special, indirect, consequential, incidental or punitive damages, however caused regardless of the theory of liability, arising out of or related to the use of or inability to use Software, even if Licensor has been advised of the possibility of such damages.
In no event will Licensor's liability to Licensee, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by Licensee for Software under this EULA. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. Some states do not allow the exclusion of incidental or consequential damages, so some of the terms above may not be applicable to Licensee.

8. Termination
This EULA is effective until terminated. Licensee may terminate this EULA at any time by destroying all copies of Software. This EULA will terminate immediately without notice from Licensor if Licensee fails to comply with any provision of this EULA. Upon termination, Licensee must destroy all copies of Software.
Licensee agrees that upon termination of this EULA for any reason, Licensor may take actions so that Software no longer operates.

9. Governing law
This EULA will be governed by the laws of Southern California USA, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this EULA may only be brought in, and shall be subject to the jurisdiction of, any court of Southern California.

10. Severability
If any provision of this EULA is held to be unenforceable, this EULA will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this EULA will immediately terminate.

11. Integration
This EULA, including License Certificate, is the entire agreement between Licensee and Licensor relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications, proposals, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment, or other communication between the parties relating to its subject matter during the term of this EULA. No modification of this EULA will be binding, unless in writing and signed by an authorized representative of each party.

12. Reservation of rights
All rights not expressly granted in this EULA are reserved by Licensor.
Licensor reserves the right at any time to cease the support of the Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.