END-USER LICENSE AGREEMENT
IMPORTANT: PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: DBSofts Inc.’s End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DBSofts Inc. for the DBSofts Inc. ESF Database Migration Toolkit(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ("ESF DATABASE MIGRATION TOOLKIT"). By installing, copying, or otherwise using the ESF DATABASE MIGRATION TOOLKIT, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and DBSofts Inc., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the ESF DATABASE MIGRATION TOOLKIT.
The ESF DATABASE MIGRATION TOOLKIT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ESF DATABASE MIGRATION TOOLKIT is licensed, not sold.
1. GRANT OF LICENSE.
The ESF DATABASE MIGRATION TOOLKIT is licensed as follows:
(a) Installation and Use.
DBSofts Inc. grants you the right to install and use copies of the ESF DATABASE MIGRATION TOOLKIT on your computer running a validly licensed copy of the operating system for which the ESF DATABASE MIGRATION TOOLKIT was designed [e.g., Windows 2000, Windows 2003, Windows XP, Windows Vista, Windows 7].
(b) Backup Copies.
You may also make copies of the ESF DATABASE MIGRATION TOOLKIT as may be necessary for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.
2.1 Maintenance of Copyright Notices.
You must not remove or alter any copyright notices on any and all copies of the ESF DATABASE MIGRATION TOOLKIT.
2.2 Distribution.
You may not distribute registered copies of the ESF DATABASE MIGRATION TOOLKIT to third parties. Evaluation versions available for download from DBSofts Inc. s websites may be freely distributed.
2.3 Prohibition on Reverse Engineering, DE compilation, and Disassembly.
You may not reverse engineer, decompile, or disassemble the ESF DATABASE MIGRATION TOOLKIT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.4 Single User License.
You may use the Software on a single computer for your personal, educational or business use PROVIDED THAT you have obtained from DBSofts Inc. a Single User License code and key. Under this Single User License, you may only install the software on a computer and that you do not allow concurrent use of the software by more than one individual.
2.5 Multi-User Licenses Pack.
If you have purchased a multi-user licenses pack you have the right to install or access a copy of software on multiple computers up to the number of "Licensed Copies" that you have acquired.
2.6 Rental.
You may not rent, lease, or lend the ESF DATABASE MIGRATION TOOLKIT.
2.7 Support Services.
DBSofts Inc. may provide you with support services related to the ESF DATABASE MIGRATION TOOLKIT ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the ESF DATABASE MIGRATION TOOLKIT and subject to the terms and conditions of this EULA.
2.8 Compliance with Applicable Laws.
You must comply with all applicable laws regarding use of the ESF DATABASE MIGRATION TOOLKIT.
3. TERMINATION
Without prejudice to any other rights, DBSofts Inc. 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 ESF DATABASE MIGRATION TOOLKIT in your possession.
4. COPYRIGHT
All title, including but not limited to copyrights, in and to the ESF DATABASE MIGRATION TOOLKIT and any copies thereof are owned by DBSofts Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the ESF DATABASE MIGRATION TOOLKIT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by DBSofts Inc.
5. NO WARRANTIES
DBSofts Inc. expressly disclaims any warranty for the ESF DATABASE MIGRATION TOOLKIT. The ESF DATABASE MIGRATION TOOLKIT is provided As Is without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, no infringement, or fitness of a particular purpose. DBSofts Inc. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the ESF DATABASE MIGRATION TOOLKIT. DBSofts Inc. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. DBSofts Inc. further expressly disclaims any warranty or representation to Authorized Users or to any third party.
6. LIMITATION OF LIABILITY
In no event shall DBSofts Inc. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of Authorized Users' use of or inability to use the ESF DATABASE MIGRATION TOOLKIT, even if DBSofts Inc. has been advised of the possibility of such damages. In no event will DBSofts Inc. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. DBSofts Inc. shall have no liability with respect to the content of the ESF DATABASE MIGRATION TOOLKIT or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.