Introduction
Software License packages are subject to the End User License Agreement below. By paying for a Software License Package, you agree to all the terms of this license. We will then send you the Schedule mentioned in the License, which contains your name and the number licenses for which you have paid.
Separate License agreements cover License packages for redistribution. These will be made available when you make an inquiry to hxsql(at)cluedup.com for redistribution of HXSQL with your applications or software solutions.
End User License Agreement (v. 20150601)
This agreement "Agreement" is between Clued Up Communications Limited (a company registered in England and Wales under number 3945483) referred in this agreement as "Clued Up" and an individual or legal entity referred in this document as the "Licensee". The name of the Licensee and the date of the Agreement are specified in a separate, written schedule "Schedule" provided by Clued Up. The Agreement covers the computer software HyperXtremeSQL, referred in this agreement as "the Software"..
The Schedule specifies the validity period and the number of "Software-as-Service Server Instances", the number of "Server Instances", the number of "Desktop Instances", and the number of "Development Server Instances" of the Software that can be installed or operated. "Software-as-Service Server Instance" shall mean installation or operation by the Licensee on a device acting as a server. "Server Instance" shall mean installation or operation by the Licensee on a device acting as a server solely for internal use by the Licensee. "Desktop Instance" shall mean installation or operation by the Licensee on a device acting as a personal workstation solely for internal use by the Licensee. "Development Server Instance" shall mean installation or operation by the Licensee on a device solely for internal use in software development and testing. In the absence of Schedule, the Software should not be installed or operated by the Licensee.
Clued Up warrants that it has been appointed by the copyright holders and authors of the Software (or is licensed under separate license) to grant limited, non-exclusive permissions contained in this agreement and to enforce the intellectual property rights in the Software. All copyright and other intellectual property rights in the Software are owned by the copyright holders and authors. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software is licensed, not sold. No license, right or interest in any trademark, service mark or copyright is granted except as otherwise expressly granted in this Agreement.
Subject to the terms and conditions of this Agreement, Clued Up grants the Licensee a non-exclusive, and non-transferable license to use the Software, with no more than the number of Software-as-Service Server Instances specified in the schedule, the number of Server Instances specified in the Schedule, the number of Desktop Instances specified in the Schedule, and the number of Development Server Instances specified in the Schedule.
Except as expressly authorized in this Agreement, Licensee
shall not cause
or permit
(a) copying or modification of the Software and any supplied
documentation
(b) decompilation, translation, reverse engineering or discovery
of the source
code of all or any portion of the Software.
This Agreement shall apply also to all updated versions of the Software supplied to the Licensee.
The software is provided "as is" and any express or implied warranties, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose are disclaimed. In no event shall Clued Up Communications Limited, copyright holders or authors be liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of this software, even if advised of the possibility of such damage.
This agreement is governed by and interpreted in accordance
with English
law.