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User license agreement |
YOUR AGREEMENT TO THIS LICENSE
This End User License Agreement ("EULA") is a legal
agreement between you
(either an individual or a single entity) and Polderij for
the software
product "ERD Concepts", which includes computer software and
associated
documentation ("Software"). You should carefully read the
following terms
and conditions before using, installing or distributing this
software.
By installing, copying, downloading, accessing or otherwise
using the
Software, you agree to be bound by the terms of this EULA.
IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU MAY NOT
INSTALL OR USE
THIS SOFTWARE!
Polderij reserves the right to change the terms and
conditions at any time.
Customers are encouraged to review the terms and conditions
on a periodic basis
for modifications.
SELECTION AND USE
* Ownership.
This software, including documentation, and/or additional
materials
(the "Software") is owned by Polderij. This Agreement does
not provide you
with title or ownership of Product, but only a right of
limited use as outlined
in this license agreement.
* Limitations on Reverse Engineering, Decompilation and
Disassembly.
The Software in both object code and source code form
includes valuable
trade secret information of Polderij. You may not make any
copies of the
Software beyond the number necessary to exercise your
license rights in
the Software, and shall not provide copies of the Software
to any third
party. You may not reverse engineer, decompile, or
disassemble the Software
or otherwise attempt to gain access to the source code for
the Software.
* Transfer.
You may NOT rent, lease, sell, sublicense, lend or otherwise
transfer or
assign your rights or obligations under this EULA to any
person or entity.
USER LICENSE
The terms and conditions of this EULA describe the permitted
use of each
Licensed Copy of ERD Concepts. This EULA grants you a
non-exclusive,
non-transferable and non-sublicenseable license. For
purposes of this
EULA, if you have a valid single-copy license, you have the
right to use
a single "Licensed Copy" of ERD Concepts; if you or your
organization has
a valid multi-user license, then you or your organization
have/has the right
to use up to a number of "Licensed Copies" of ERD Concepts
equal to the
number of copies indicated in the documents issued by
Polderij when granting
the license.
Each Licensed Copy may be used only by one person at a time.
A single user
Licensed Copy may be installed on multiple computers like a
laptop, workstation
or virtual machine as long as these instances are used by
only one single person.
Each Licensed Copy may be accessed through a network
including a virtual
machine (VM) configuration, provided that you have purchased
rights to use
a Licensed Copy for each workstation or VM that will access
ERD Concepts
through the network. For instance, if 8 different
workstations will access
ERD Concepts on the network, you must purchase rights to use
8 Licensed Copies
of ERD Concepts, regardless of whether the 8 workstations
will access ERD Concepts
at different times or concurrently.
You assume full responsibility for the selection of the
Software to achieve
your intended results and for the installation, use and
results obtained from
the Software.
REFUND POLICY
All sales including rentals (if applicable) are final
UPGRADE POLICY
Fore each copy of ERD Concepts, you will get minor updates
and bug fixes for
free. Minor updates might include bug fixes, new features
and changes to existing
functionality. If you buy ERD Concepts 5.x.x, you can
upgrade to any other version
5.x.x free of charge. Major releases that include significant new functionality
will most likely not be free. Existing users will be able to
upgrade to the new
version for less than the full price, details will be
available when the new version
is announced.
LIMITED WARRANTY
THIS SOFTWARE IS PROVIDED "AS IS" AND "AT YOUR OWN RISK."
WITHOUT WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE
ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT
IS WITH YOU. SHOULD THE PRODUCT PROVE DEFECTIVE, YOU ASSUME
THE COST OF ALL NECESSARY SERVICING OR ERROR CORRECTION.
POLDERIJ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN
THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE
OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR
FREE AND WITHOUT COMPROMISE TO SECURITY SYSTEMS.
LIMITATION OF REMEDIES AND LIABILITY.
POLDERIJ AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS OR
CONFIDENTIAL INFORMATION, LOSS OF PRIVACY, OR ANY OTHER
PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO
USE THE SOFTWARE, EVEN IF POLDERIJ ICT OR ITS SUPPLIERS HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
CASE, THE ENTIRE LIABILITY OF POLDERIJ AND ITS SUPPLIERS
UNDER THIS AGREEMENT AND LIMITED WARRANTY SHALL BE LIMITED
TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE THAT
CAUSES THE DAMAGE. |
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