ZeBAze Database Search Engine 1.0

EULA - End User License Agreement

ZeBAze End-User License Agreement (EULA)
IMPORTANT - READ CAREFULLY : This "EULA" (End-User License Agreement) is a legal and enforceable agreement/contract between "You" (either an individual or a legal entity) and "the Author" (Matthieu Cazaux), which covers your use of "the Software" (ZeBAze and its documentation, sample databases and all related components) and supersedes any prior proposal, agreement or contract.

You must read, acknowledge and agree with all the terms, conditions, restrictions and limitations of this EULA before downloading, copying, installing, purchasing, distributing or otherwise using the Software.

If you do not agree to all the terms, conditions, restrictions and limitations of this EULA or if the jurisdiction of your country/state does not allow all the terms, conditions, restrictions and limitations of this EULA then you must not download, copy, install, purchase, distribute or use the Software and must remove all components of the Software from your system.

If you violate any term, condition, restriction or limitation of this EULA, your rights under this agreement/contract will automatically terminate. Such termination shall be in addition to, and not in lieu of, any criminal, civil or other remedies available to the author.

By downloading, copying, installing, purchasing, distributing or otherwise using the Software, You are accepting this EULA and acknowledge and agree to be bound by all the following terms, conditions, restrictions and limitations:
1) RIGHTS

1.1) The Software remains the entire property of the Author and is licensed to You, not sold.

1.2) The Software is protected by international copyright laws and treaties and the Author reserves all rights not expressly granted in this EULA.

1.3) "ZEBAZE" and the ZeBAze logo are registered trademarks of the Author.

1.4) All rights in the Software including copyrights, licensing rights, trademarks, trade rights, design rights, engineering rights, moral rights, and any other intellectual property rights or industrial rights belong to the Author and are not transferred to You.

1.5) Java, JDBC, JRE and the JdbcOdbcBridge Driver are product names and/or registered trademarks of Sun Microsystems, Inc. Windows, ODBC, MS Access, MS Excel and the MS Jet Engine are product names and/or registered trademarks of Microsoft Corporation. Other third-party product names mentioned in the Software are registered trademarks of their respective owners and are hereby acknowledged.
2) RESTRICTIONS

2.0) These restrictions will apply whether or not You purchase a Software License:

2.1) You must not license, sub-license, sell, assign, transfer, pledge or rent the Software or a Software License.

2.2) You must not decompile, reverse engineer, disassemble, modify, adapt, translate or attempt to discover the source code of the Software.

2.3) You must not create derivative works based on or incorporating the Software.

2.4) You must not unlock, delete or bypass any restriction on usage, time limit, access to or number of installations of the Software.

2.5) You must not create, disclose, transfer or make accessible to others any solution to unlock, delete or bypass any restriction on usage, time limit, access to or number of installations of the Software.

2.6) You must not use the Software if You fail to pay any Software License fee due.

2.7) You must not separate the components of the Software.

2.8) You must not use or make accessible the Software over a network.

2.9) You must not use the Software in any activity related to sensitive or dangerous fields of application including, but not limited to, any facility or industry having a direct or indirect influence on the safety or security of people.

2.10) You must not use the Software in any manner not authorized by this EULA.
3) GRANT OF SOFTWARE LICENSE

3.1) EDITIONS OF SOFTWARE LICENSE

3.1.0) Four editions of Software Licenses are available to use the Software and can be with or without fee and with or without limitations.

3.1.1) 30-DAY-TRIAL FULL EDITION : The Author grants You a personal, temporary, once-only, non-exclusive and non-transferable Software License to try and evaluate the FULL Edition of the Software, without fee, for a limited period of 30 consecutive days. You must agree not to use the Software for commercial and/or professional purposes.

3.1.2) RESTRICTED EDITION : At the end of the 30-day-trial evaluation period, the Author grants You a personal, non-exclusive and non-transferable Software License to use the RESTRICTED Edition of the Software, without fee, with a specific limitation on the features offered by the Software. You must agree not to use the Software for commercial and/or professional purposes.

3.1.3) BASIC EDITION : According that You pay the corresponding fee, the Author grants You a personal, non-exclusive and non-transferable Software License to use the BASIC Edition of the Software, with a specific limitation on the features offered by the Software. You can use the Software for personal, commercial and professional purposes.

3.1.4) FULL EDITION : According that You pay the corresponding fee, the Author grants You a personal, non-exclusive and non-transferable Software License to use the FULL Edition of the Software, without limitation on the features offered by the Software. You can use the Software for personal, commercial and professional purposes.

3.2) BEFORE YOU PURCHASE A SOFTWARE LICENSE

3.2.1) You must acknowledge that the purchase of a Software License grants a personal, non-exclusive and non-transferable right for a single user/person to use the Software and that each additional user/person of the Software requires an additional Software License.

3.2.2) You must agree and acknowledge that the Software remains the property of the Author and is licensed to You, not sold.

3.2.3) You must agree and acknowledge that You have tried the Software for the entire evaluation period of 30 consecutive days.

3.2.4) You must agree and acknowledge that You have completely tried all the features of the Software and that the Software is appropriate for your needs and completely fulfills all your requirements.

3.2.5) You must agree and acknowledge that You understand the specific limitation of features offered by each edition of the Software, and that the Software License You want to purchase is for an edition of the Software that is appropriate for your needs and completely fulfills all your requirements.

3.2.6) You must agree and acknowledge that You are completely satisfied with the Software and will not ask for a refund of your purchase.

3.2.7) You must acknowledge that You need to have administration rights on a computer system to install a Software License on it and use the Software.

3.2.8) You must agree and acknowledge that the United Nations Convention for the International Sale of Goods does not apply to this EULA and the purchase of a Software License.

3.2.9) You must verify, have confirmation and acknowledge that the jurisdiction of your country/state allows all the terms, conditions, restrictions and limitations of this EULA.

3.2.10) If you want to purchase a Software License as an upgrade for a specific version/edition of the Software, You must first verify that you have already purchased a Software License for another version/edition of the Software that is eligible for this upgrade.

3.2.11) You must agree to be bound by all the terms, conditions, restrictions and limitations of this EULA.

3.3) AFTER YOU PURCHASE A SOFTWARE LICENSE

3.3.0) According that You pay the corresponding fee, the Author grants You a personal, non-exclusive and non-transferable Software License to use the Software accordingly to your purchase, under certain terms, conditions and restrictions:

3.3.1) You must make copies of the Software and Your Software License for backup and/or archival purposes. The Author declines all responsibility if You lose your initial copy of the Software or Your purchased Software License.

3.3.2) You may use your Software License on more than one computer system, as long as these computer systems are always and only used by You.

3.3.3) You must take appropriate safeguards to protect your licensed Software and your Software License from unauthorized access by other users/persons. If not, the Author reserves the right to terminate the validity of your Software License without prior notice.

3.3.4) You must not license, sub-license, sell, assign, transfer, pledge or rent your Software License or licensed Software.

3.3.5) You must not disclose, transfer or make accessible to others your Software License or licensed Software.

3.3.6) You must not use the Software or your Software License over a network.

3.3.7) You must not use the Software in any manner not authorized by this EULA.
4) SUPPORT SERVICES

4.1) The Author may provide You with free support services related to the Software, only via email and only as a courtesy.

4.2) The Author reserves the rights to provide support services in priority to the users having purchased a Software License.

4.3) The support services are provided "AS IS AND WITH ALL FAULTS", with no warranty of any kind.

4.4) The Author makes every effort to ensure the quality of the support services but due to resource limitations, it may not be possible to resolve all issues and no assurance can be given as to when or if problems will be addressed.

4.5) No warranty can be made that the support services will always be free of charges or uninterrupted, and the Author reserves the right to change the policy of the support services without prior notice.
5) UPDATES AND UPGRADES

5.0) DEFINITIONS

5.0.1) Version : Every version of the Software can be identified by 3 numbers separated by dots, having the format "a.b.c" in which 'a' is the family of the version, 'b' the major release of the version and 'c' the minor release of the version (note that 'c' is optional).

5.0.2) Edition : The Software is available in different editions, each having its specific features and functionalities.

5.0.3) Update : An update is the possibility to use the same Software License for every new release of the Software within the same family of version and the same edition of the Software.

5.0.4) Upgrade : An upgrade is the possibility to use your purchased Software License to, with or without reduced fee, purchase a new Software License for : (1) a newer family of version of the Software or/and (2) a different edition of the Software.

5.1) UPDATES

5.1.1) Updates are provided free of charges for every new version of the Software within the family '1'.

5.1.2) To use a new version of the Software as an update, if any, You must first have purchased a Software License for the same family of version of the Software that is eligible for this update.

5.1.3) The Author does not warrant that a new version of the Software, eligible or not for update, will be made available after You purchase a Software License.

5.1.4) It is your responsibility to frequently verify if a new version of the Software, eligible or not for update, has been made available.

5.1.5) The Author reserves the right to change the policy of update for the family '2' and upper versions of the Software.

5.2) UPGRADES

5.2.1) The Author does not warrant that any version/edition of the Software will be made eligible for upgrade.

5.2.2) To use a version/edition of the Software as an upgrade, if any, You must first have purchased a Software License for another version/edition of the Software that is eligible for this upgrade.

5.2.3) After installing a new version/edition of the Software as an upgrade, if any and if eligible, You may no longer use the previous version/edition of the Software that formed the basis for your upgrade eligibility.
6) DISTRIBUTION

6.0) The Author grants You a personal, non-exclusive and non-transferable authorization to distribute the installation package of the Software (single setup file), via electronic or other ways, provided that:

6.1) You must only and always distribute unmodified and complete copies of the original installation package of the Software.

6.2) You are responsible for always downloading your initial copy of the installation package of the Software directly from the Author's official web site (www.zebaze.com).

6.3) You should always try to distribute the latest available version of the installation package of the Software.

6.4) Your distribution media must clearly present the installation package of the Software as installing the free 30-day-evaluation edition of the Software.

6.5) You are prohibited from charging or requesting donations or payments for the distribution of the installation package of the Software, which must be without fee ("royalty-free").

6.6) You are prohibited from inserting any other software or component within the original installation package of the Software.

6.7) You must not remove or alter any proprietary legend, legal notice or trademark contained in or on the installation package of the Software.

6.8) You must not, for any purpose, distribute copies of a licensed Software or a Software License.

6.9) You must not state that the Author is responsible for any-third party software contained on your distribution media.

6.10) You must verify, have confirmation and acknowledge that You are not distributing the installation package of the Software in a country/state that has a jurisdiction that does not allow all the terms, conditions, restrictions and limitations of this EULA.

6.11) The Software delivered under this EULA may be subject to European Union export laws and may be subject to export or import regulations in other countries. You agree to comply with these laws and regulations and acknowledge that You have the responsibility to obtain such licenses, and pay the corresponding fees if any, to export, re-export, or import as may be required before or after the delivery or distribution of the Software by You.

6.12) You must distribute the installation package of the Software with a license agreement that protects the Author's interests consistently with the terms, conditions, restrictions and limitations contained in this EULA.

6.13) You agree to defend and indemnify the Author from and against any damages, costs, liabilities, settlement amounts, expenses and attorneys' fees incurred in connection with any claim, lawsuit or action by any third party that arises or results from the distribution of the installation package of the Software.

6.14) This EULA and this section of the EULA shall apply to You even if You are not a end-user of the Software.

6.15) Without prejudice to any other rights and without prior notice, the Author may terminate your authorization to distribute the installation package of the Software for any reason, including but not limited to if You fail to comply with the terms, conditions, restrictions or limitations of this EULA.
7) LIMITATION OF WARRANTY

7.1) The Software is provided "AS IS AND WITH ALL FAULTS" without warranty of any kind and the Author does not warrant that the Software or services provided by the Software will meet your requirements or that the operations of the Software will be uninterrupted or error free, and that errors or defects will be corrected.

7.2) You are solely responsible for determining the appropriateness of using the Software during the free evaluation period and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.

7.3) The entire risk arising out of use or performance of the Software remains with You. You agree to ensure that a full and effective data backup is performed on all systems that the Software is used on, or have direct or indirect influence on.

7.4) The Author disclaims all representations, conditions and warranties, expressed, implied, statutory or otherwise, including, but not limited to, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement.

7.5) If the jurisdiction of your country/state does not allow all the terms of this Limitation of Warranty then You must not use the Software.

7.6) The entire Limitation of Warranty will apply regardless of whether or not You accept this EULA, whether or not You purchased a Software License, and will survive termination of this EULA.
8) LIMITATION OF LIABILITY

8.1) In no event shall the Author be liable to You or any third party for any special, incidental, indirect, punitive, exemplary or consequential damages, loss of business, loss of profits, loss of data, loss of programs, loss of equipment, loss of business information, business interruption or any other pecuniary loss or damages whatsoever and without limitation, arising out of the use or inability to use the Software or the provision of or failure to provide support services, even if the Author has been advised of the possibility of such damages.

8.2) The Author's cumulative liability shall not exceed the Software License fee paid by You, even if none, for the use of the Software.

8.3) The Author retains the right to, in its sole discretion, refund the Software License fee paid by You, even if none, as a complete and final resolution for any dispute.

8.4) If the jurisdiction of your country/state does not allow all the terms of this Limitation of Liability then You must not use the Software.

8.5) The entire Limitation of Liability will apply regardless of whether or not You accept this EULA, whether or not You purchased a Software License, and will survive termination of this EULA.
9) TERMINATION

9.1) This EULA is effective until terminated by either party.

9.2) You may terminate this EULA at any time by destroying all copies of the Software and Software Licenses in your possession.

9.3) Without prejudice to any other rights and without prior notice, the Author may terminate this EULA for any reason, including but not limited to if You fail to comply with the terms, conditions, restrictions or limitations of this EULA. Upon termination, You must destroy all copies of the Software and Software Licenses in your possession.

9.4) Non-usage or discontinuation of usage of the Software, including any update or upgrade, or termination of this EULA by either party for any reason whatsoever cannot and will not constitute grounds for requesting a refund of any amount already paid.

9.5) All provisions relating to proprietary rights, restrictions on the Software, limitation of liability and limitation of warranty will survive the termination of this EULA.
10) LEGAL

10.1) This EULA, and any lawful action relating to the Software, are governed and interpreted by the European Union and Spanish laws and jurisdiction, and are subject to the exclusive place of performance of the court of Santa Cruz de Tenerife, Spain, Europe.

10.2) The United Nations Convention for the International Sale of Goods does not apply to this EULA and the purchase of a Software License.

10.3) The Software and Software License delivered under this EULA are subject to European Union export laws and may be subject to export or import regulations in other countries. You agree to comply with these laws and regulations and acknowledge that You have the responsibility to obtain such licenses, and pay the corresponding fees if any, to export, re-export, or import as may be required before or after delivery of the Software to You.

10.4) The headings, sections, sub-sections, numbers and orders of presentation used throughout this EULA are used for convenience only, and do not modify or affect the text to which they relate or the full integrity of this EULA.

10.5) This EULA constitutes the complete and exclusive statement of your agreement/contract with the Author and supersedes all prior proposals, advertising, representations, understandings and agreements whether oral or written and all prior communications with You.

10.6) This EULA applies to updates, supplements or add-on components of the Software unless the Author provides other terms, conditions, restrictions or limitations along with the update, supplement or add-on component.

10.7) If any provision of this EULA is held invalid or unenforceable, the remainder of this EULA shall continue in full force and effect.
11) GENERAL

11.1) The development of new versions of the Software are at the sole discretion of the Author.

11.2) You must acknowledge and agree that a restriction on usage, time limit, access to or number of installations of the Software, designed to prevent unlicensed or illegal use of the Software, will be saved on your computer system when using the Software for the first time.

11.3) You must acknowledge and agree that the restriction on usage, time limit, access to or number of installations of the Software, designed to prevent unlicensed or illegal use of the Software, will remain on your computer system even after the Software is uninstalled.

11.4) You agree that the Author may collect and use technical information gathered from You or provided to You, if any, to improve the Software or other products or to provide customized services or technologies to You or other customers.

11.5) The Author reserves the right to ask You for a written and signed confirmation to testify your compliance to the terms, conditions, restrictions and limitations of this EULA or the termination of this EULA.

11.6) The Author reserves the right to remove from downloading and stop providing old versions of the Software, without prior notice.

11.7) The Author reserves the right to change the fees for any Software License, without prior notice.

11.8) The Author reserves the right not to accept the purchase of Software License for previous versions of the Software.

11.9) The Software requires the use of a database driver. You are completely responsible for the selection and use of this database driver and for always working on copies of your databases.

11.10) The installation package of the Software contains a local Java Runtime Environment, property of Sun Microsystems, Inc. You must read and agree to its User Agreement to use it.

11.11) You must acknowledge that the use of the writing feature of the Software will write data into your database and modify your database.

11.12) The case studies, templates and examples contained in the documentation, tutorial pages and sample databases of the Software are provided AS IS, only as a convenience and do not refer to real situations or people.

11.13) The use of the Software may link You to third party web sites. These links are provided to You only as a convenience and the Author is not responsible for the contents of any third party web site.
12) CONTACTS

12.0) If You have any questions about this EULA, or if You want to contact the Author for any reason, please send an email to info@zebaze.com.