IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA) is a legal agreement between Licensee (either an individual or a single entity) and Toolsverse LLC ("Licensor"), which covers your use of Data Explorer 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.
"Licensor" means Toolsverse LLC.
"Licensee" means an individual or a legal entity exercising rights under, and complying with, all of the terms and conditions of this EULA or any future version of this EULA.
"Software" means the software program known as Data Explorer and its components in binary form, including its documentation, any third party software programs that are owned and licensed by parties other than Licensor and that are either integrated with or made part of Software (collectively, "Third Party Software").
"License " means evidence of a license provided by Licensor to Licensee in electronic form, and defines the optional rights related to the Software.
The Software is the property of Licensor. 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.
According to the License, Licensor grants Licensee a non-exclusive, non-transferable license to use the Software, and subsequent versions thereof, under certain obligations and limited rights as set forth in this EULA:
A time-limited version of the Software, an Evaluation License, is provided for a period of twenty (20) days ("Evaluation Period") from the date of first use of the Software. 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 commercial components of 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.
Licensee may not:
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.
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 in 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.
This EULA is effective until terminated. Licensee may terminate this EULA at any time by destroying 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.
This EULA, including License, 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.
Additional copyright notices and license terms applicable to portions of the Software are set forth in the doc/credits.html file and in the lib, plugin and jdbc directories.
10.1 IBM DB2 JDBC Universal Driver
The following applies for the IBM DB2 JDBC Universal Driver if it is included with the software.
The IBM DB2 JDBC Driver files or modules may not be:
- used for any purpose other than to enable the application
- copied (except for backup purposes)
- further distributed
- reverse assembled, reverse compiled, or otherwise translated
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.