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Native DB2 Connector License Agreement By installing and using this software, you agree to the terms of the following license: CUSTOMER shall mean the original customer (either individual or company) who purchased a license. COMPANY shall mean PC SOFT, whose head office is located at 3 rue de Puech Villa, BP 444 08, 34197 Montpellier, France. SOFTWARE shall mean the "Native DB2 Connector" software (also called "Native DB2 Access") purchased by the CUSTOMER. LICENSE shall mean this agreement and the rights and obligations created hereunder by French law. | | 1. License |
This user license is granted to CUSTOMER in exchange for the payment of a purchase price.
This SOFTWARE shall be used with one, and only one, DATA SERVER that uses the given database.
A DATA SERVER corresponds to the environment in which the server process of the database is run. This environment can be physical (a specific CPU) or virtual (a specific memory area).
CUSTOMER shall purchase as many licenses as the number of servers that will be in relation with this SOFTWARE.
For a virtualized DATA SERVER, a SOFTWARE license is required for each virtualized instance.
This license is granted only after full payment of rights as indicated on the price list on the day of the purchase.
| | 2. SOFTWARE ownership |
This SOFTWARE is the property of the COMPANY. CUSTOMER has only purchased the right to use SOFTWARE.
| | 3. Backup copy |
CUSTOMER is allowed to make a single backup copy of the installation package in this SOFTWARE.
Reproducing the documentation, in part or in full, is strictly forbidden.
| | 4. Use |
CUSTOMER agrees to use SOFTWARE for its intended purpose. Modifying, trying to modify, disassembling, or trying to disassemble this SOFTWARE is forbidden. CUSTOMER shall not remove (or try to remove) the copyright mentions that may be displayed and/or included in SOFTWARE.
SOFTWARE shall not be rented, leased or shared.
SOFTWARE shall not be used to create and distribute all or part of a development tool, software for application creation, program generator, or any other software of a type similar to the software. Contact us if you have any questions.
| | 5. Technical support |
The Technical Support for this SOFTWARE is accessible via the "Assistance Directe" service only.
| | 6. Absence of liability |
6.1. SOFTWARE and documentation are sold as is, WITHOUT ANY WARRANTY as to performance, merchantability or fitness for any particular purpose. COMPANY shall not be held liable for damages of any nature whatsoever, including data loss or deterioration, financial or operational loss, discrepancy between the information contained in the documentation and the actual behavior of SOFTWARE, or in case SOFTWARE behaves differently than expected. CUSTOMER is solely responsible for the performance and support of the programs created using SOFTWARE.
6.2. Neither COMPANY nor anyone else who has been involved in the design, the production, or the distribution of SOFTWARE will be liable for any incidental, consequential, indirect or special damages caused to CUSTOMER, any user or third party, even in case of negligence, including but not limited, to the interruption of the good order work of SOFTWARE, the loss of profits, loss of data, loss of brand image, increase of overheads or any other financial loss arising from the use of SOFTWARE or inability to use it even if COMPANY has been notified of the possibility of such damages.
6.3. CUSTOMER acknowledges and agrees that COMPANY may only be liable for direct damages.
6.4. To the maximum extent permitted by applicable law, and except for indemnification obligations, breach of confidentiality and/or intellectual property rights provisions, and breach of CUSTOMER's payment obligations, COMPANY's liability shall not exceed the license fees paid and/or payable by CUSTOMER to COMPANY under the order form giving rise to the claim for the twelve (12) months preceding the event giving rise to the claim.
6.5. It is expressly agreed that any claim for damages against COMPANY arising in connection with these terms and conditions and the use of SOFTWARE will be time-barred twelve (12) months after the event that triggered the claim.
| | 7. License acceptance |
By keeping and using this software, you indicate that understand and agree to the terms of this agreement.This contract cannot be modified, except by an original letter initialled by the COMPANY's general director. PC SOFT, WINDEV and WEBDEV are registered trademarks of COMPANY. This license agreement is governed by French law. Any dispute arising therefrom shall be subject to the exclusive jurisdiction of the courts where COMPANY has its registered office. PC SOFT,
3, rue de Puech Villa
BP 44 408
34197 Montpellier Cedex 5 France |
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