End User License Agreement
As of Version 3.3.0 and higher
Software License Agreement
This is a Licensing Agreement between you, the end user of the UltraPort MS SQL Schema Engine (hereafter referred to as software), and HERMETECH INTERNATIONAL LTD (a division of TransWorld Scribes Ltd). Please read this document carefully. In case you do not agree with the said terms and conditions, immediately stop using this software. You may get a refund of the licensing fee paid within 30 days from the date the product was purchased as long as you comply with all requirements outlined in section 10 below.
1. Grant. HERMETECH INTERNATIONAL LTD., subject to the terms and conditions of this Licensing Agreement, hereby grants you a nonexclusive, nontransferable right and license during the term of this Agreement to use software by HERMETECH INTERNATIONAL LTD. for as long as you abide by the provisions stipulated herein. The term of your license is based on the amount of the licensing fee paid based on the then-current price list of HERMETECH INTERNATIONAL LTD.. The software may include functionality that will render it inoperational upon expiration of your license.
2. Copyright. The software specified in this Licensing Agreement is and will be the sole property of HERMETECH INTERNATIONAL LTD. It is subject to copyright and as such is protected to the fullest extent allowable by law.
3. Use Limitations. You may not use the software in any way which threatens or violates the owner's copyright. That includes making copies (with the exception of backup copies), reproducing, modifying, decompiling, reverse engineering, disassembling or making derivative products of the software or decoding it in any other way. All rights not expressly granted are reserved.
4. Transferability. This license is granted to the purchaser and as such does not permit you to sell, lend, assign, lease or transfer ownership of your license or any copy of the software except as outlined in this EULA without the express written permission of HermeTech International Ltd. with one sole exception. Licenses may in the course of business be resold or reassigned by the purchaser to their customers as needed if bundled as part of a larger application or system developed and marketed by the purchaser.
5. Multiple License Installation. All licenses are 'per-computer' and consist of a paired key/counterkey set half of which is determined by the individual computer being granted the license and the other half provided by HERMETECH INTERNATIONAL LTD. via their web-servers.
6. Licenses for Virtual Machines. Unless explicitly specified in the product license purchased all licenses are assumed to be for "physical" computers and "virtual computers" are not explicitly supported. Customers are required to own a separate product license for every Virtual Server or Virtual Machine instance.
7. Short Term Licenses. If the product license is only for a specific number of days it is designated as a 'Short Term License' and will only be valid for that number of days which will begin when the license is activated. Short Term Licenses are not eligible for a refund after license activation. In the event that a Short Term License, once activated, needs to be "reissued" (see Item 8) for any reason HERMETECH INTERNATIONAL LTD reserves the right to charge the customer a per diem charge for the "used" portion of the license term or US$25.00 whichever is greater. The per diem charge will be calculated as the current retail price of the license divided by the license term times the number of days since the license was last activated.
8a. Reissuing Product Licenses. Since product licenses are 'per-computer' HERMETECH INTERNATIONAL LTD recognizes that in the course of normal operations the need may arise to replace outdated or damaged equipment. Also, it is possible that a significant 'reformat' or replacement of an operating system may cause an existing license to become invalid. For these reasons, HERMETECH INTERNATIONAL LTD will allow customers to 'reclaim' existing licenses which are currently installed on equipment which has been lost, stolen, damaged, or is being retired for migration to a new computer (See Item 8b). Certain exceptions may apply in the case of 'Short Term Licenses' (see section on Short Term Licenses) HERMETECH INTERNATIONAL LTD will provide this service free of charge but does so under 'fair use' guidelines defined by HERMETECH INTERNATIONAL LTD. To 'reclaim' a license the customer must provide in writing to HERMETECH INTERNATIONAL LTD (email) the unique identification (Product ID) of the product license being reissued and the reason why the license qualifies for reissue and agree to ensure to the best of their ability that the existing installation has been permanently removed. HERMETECH INTERNATIONAL LTD reserves the right to request additional information or action before providing the reissued license. In the event of violation or abuse of our 'fair use' guidelines outlined in the online help for the product. HERMETECH INTERNATIONAL LTD reserves the right to request payment before reissuing the license of an amount not to exceed the retail price of the product. If a product license which is not explicitly designated as a "Virtual Machine" license is determined by HERMETECH INTERNATIONAL LTD to be installed on a "Virtual Machine" AND an equivalent product license is available for purchase from HERMETECH INTERNATIONAL LTD which is explicitly designated as a "Virtual Machine" license then HERMETECH INTERNATIONAL LTD reserves the right to require that you:
a.Upgrade your license with no penalty charged other than the difference in the current retail price (if any) between the "physical computer" license and the "virtual computer" license.
b.OR pay a "Reissuing Service Fee" not to exceed the current retail price of the product license.
8b. Migrating Product Licenses From One Computer to Another. "License "Migration" is defined as any situation where the customer requires that an activated license be transferred from one computer (Computer A) to another computer (Computer B) and where Computer A is NOT being immediately taken out of service. In instances like this the customer is responsible for insuring that the software and license is completely removed from Computer A within five (5) business days after the license transfer is completed. If a longer period of time is required and a "Short Term" license is available for purchase HERMETECH INTERNATIONAL LTD reserves the right to require that the software license on Computer A be replaced with an appropriate "Short Term" license at the customer's expense.
9. Limited Warranty. HERMETECH INTERNATIONAL LTD. guarantees that the software will correspond in general terms to the description given in the user documentation for 30 days from the date the product was purchased. HERMETECH INTERNATIONAL LTD. does not warrant that the software will operate without interruptions or be bug-free. The warranty stated above is the only warranty given and replaces all other warranties, regardless of whether express or implied, including implied warranties of commercial aptitude and fitness for a specific purpose. In case you make a warranty claim within the 30-day warranty period, the liability of HERMETECH INTERNATIONAL LTD. is limited to replacing the product or refunding you the licensing fee paid.
10. Money back guarantee. HERMETECH INTERNATIONAL LTD provides all customers the ability to try products out before they purchase them. With the exception of Short Term Licenses (see item 7), if, after purchase but before license activation, you determine that the software does not meet your requirements or does not function in accordance with the product documentation, you may return it to HERMETECH INTERNATIONAL LTD. within 30 days of the date of its purchase for a full refund of the licensing fee. To be eligible for a refund, the software license must not have been activated, and all copies of the software stored on your hard disk or otherwise archived must be destroyed, the software must be uninstalled, and the original package must be returned (if applicable). In the event that you have activated the license you may still apply to HERMETECH INTERNATIONAL LTD for a refund within 30 days of the date of its purchase. Such applications will be reviewed on a case-by-case basis which may require that you provide HERMETECH INTERNATIONAL LTD with additional information as to your reason for requesting the refund. Short Term Licenses (see item 8) are not eligible for a refund of any amount after license activation.
11. Limitation of Liability. In no event shall HERMETECH INTERNATIONAL LTD. neither HERMETECH INTERNATIONAL LTD.'s partner be liable for any consequential or special damages or lost profits, including, without limitation, consequential or special damages for work stoppage or loss of work product data caused by the use or inability to use this software, even if HERMETECH INTERNATIONAL LTD. has been advised of the possibility or such damages or losses. By using the software, you agree that HERMETECH INTERNATIONAL LTD.'s liability for damages caused by the use or inability to use this software is governed by the Business Code of New Zealand. In case you suffer any damages for which HERMETECH INTERNATIONAL LTD. is liable to compensate you or in cases where the jurisdiction of a specific country does not permit limiting liability as far as compensation for damages, the contracting parties have agreed that a conventional fine in the amount of the license fee paid for the software will be assessed by you. This fine is inclusive of any and all compensation for damages caused.
12. End User Support. End user "ad-hoc" support via email or telephone is free for all HERMETECH INTERNATIONAL LTD products unless otherwise specified in any signed addendum to this license.
13. Responsibility for Software Updates. In order to ensure that the software functions properly, HERMETECH INTERNATIONAL LTD. publishes updates to this software on its web pages. These updates improve the workings of the software, or remove any bugs. The user is responsible for proper configuration of the software updating process to provide for the highest possible level of functional reliability.
14. Customer Privacy. HERMETECH INTERNATIONAL LTD will take every reasonable effort to maintain customer confidentiality and will not reveal any customer information to any 3rd party, including but not limited to, press releases, announcements, testimonials, website posting, or social media postings without the customer's express consent.