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User license agreement

YOUR AGREEMENT TO THIS LICENSE

NON-COMMERCIAL SOFTWARE LICENSE AGREEMENT

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!

1. SCOPE
a. This Agreement describes the licensing of the Software provided to User on a non-commercial basis.
b. If User desires to use the Software on a commercial basis, it must separately purchase a commercial-use license from Polderij.

2. LICENSE
Subject to the other terms of this Agreement, Polderij grants User a perpetual, free-of-charge, non-exclusive, non-transferable, non-commercial license to:
a. Use the Software only (i) in an educational institution environment, (ii) in a personal capacity, or (iii) for non-commercial, evaluation purposes in Userís internal business operations, subject to Section 3 (a) below;
b. Make derivative works of the source code snippets provided with the Software, and to
b. Make one copy of the Software for archival and backup purposes.

3. RESTRICTIONS.
User is specifically prohibited from:
a. Transferring, assigning, sublicensing, or renting the Software or using it in any type of software service provider or outsourcing environment where the functionality of the Software is provided to a third party;
b. Causing or permitting the reverse engineering, decompiling, disassembly, or translation of the Software to discover the source code or create a functional equivalent; or
c. Evaluating or using, or facilitating the evaluation or use, of the Software for the purpose of competing with Polderij.

Polderij reserves all rights not expressly granted.

4. COMMERCIAL USE - USER LICENSE

Commercial Use means you are use ERD Concepts as part of a business
a. during software development processes
b. used in support of profit generation directly or indirectly

For commercial use a purchased license is required. if you have purchased 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 one single person only.

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.

4.1 REFUND POLICY

All sales including rentals (if applicable) are final

4.2 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 7.x.x, you can upgrade to any other version 7.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.

5. 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.

6. 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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