DbVisualizer - End-User License Agreement

# End-User License Agreement |
DbVisualizer 10.0 |

# End User License Agreement

Version: 2019-05-03

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between Licensee (either an individual or a single entity) and DbVis Software ("Licensor"), which covers your use of DbVisualizer 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 have already downloaded or installed the Software, you should remove the Software from your system and destroy all copies.

## 1. Definitions

"Licensor" means DbVis Software AB.

"Licensee" means an individual or a legal entity exercising rights under, and complying with all of the terms and conditions of this EULA or a future version of this EULA.

"Software" means software program known as DbVisualizer in binary form, including its documentation, any third party software programs that are owned and licensed by parties other than Licensor and that either integrated with or made part of Software (collectively, "Third Party Software").

"License Certificate" means evidence of a license provided by Licensor to Licensee in electronic or printed form, and defines the optional rights related to the Software.

"License Key" means a unique key-code file, provided by Licensor or its authorized representatives, that enables the Licensee to use the Software.

## 2. Ownership

The Software is the property of Licensor or its suppliers. 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.

## 3. Grant of License

For DbVisualizer Pro:

According to the License Certificate, Licensor grants Licensee a non-exclusive, non-transferable license to use the Software, and sub-sequent versions thereof, under certain obligations and limited rights as set forth in this EULA:

Licensee may:

- use each License Key on more than one computer system, as long as it is always used by the same user. Each additional user of the Software requires an additional License Key.
- make copies of the Software and the License Key as reasonably necessary for the use authorized by this EULA, including as needed for backup and/or archival purposes. No other copies may be made. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.
- The non-transferability notwithstanding, users may transfer a license to another user in the same organization, when, and only when, the designated licensee (user) moves to non-database tasks or leaves the organization.

To keep receiving new versions of the Software and continued support, Licensee must renew the license annually. If Licensee for any reason fail to renew, Licensee retains a perpetual license to continue to use the Software at the feature version they were at when the full License expired.

For DbVisualizer Free:

Licensor grants Licensee a non-exclusive, non-transferable license to use the Software under certain obligations and limited rights as set forth in this EULA:

Licensee may:

- use the Software for commercial and non commercial use.
- make copies of the Software as reasonably necessary for the use authorized by this EULA, including as needed for backup and/or archival purposes. Each copy must reproduce all copyright and other proprietary rights notices on or in the Software Product.

## 4. Evaluation License

A time limited version of the DbVisualizer Pro edition of the Software, Evaluation License, is provided for a period of twenty one (21) days ("Evaluation Period") from the date of issuing a temporary evaluation License Key. 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 DbVisualizer Pro edition 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.

## 5. License Restrictions

Licensee may not:

- reverse engineer, decompile, disassemble, modify, translate, make any attempt to discover the source code of the Software in whole or in part.
- distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge, lease or grant any further rights to use the Software.
- modify or create derivative work based Software in whole or in part.
- tamper with, alter, disable or circumvent the Software's built-in license verification and enforcement capabilities.
- remove of alter any trademark, copyright, logo or other proprietary notices in the Software.
- disclose the License Key in any way.

## 6. Disclaimer of Warranty

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.

## 7. Limitation of Liability

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 of 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.

## 8. Termination

This EULA is effective until terminated. Licensee may terminate this EULA at any time by destroying all copies of Software.

This agreement may be terminated by either party if the other party commits a material breach. Either party will have thirty (30) calendar days following receipt of written notice to remedy any material breaches. Immediately upon termination, any Accessible Code in possession, custody or control of Licensee must be destroyed and written confirmation of such destruction provided to Licensor.

Licensee agrees that upon termination of this EULA for any reason, Licensor may take actions so that Software no longer operates.

## 9. Governing law

This EULA will be governed by the laws of Sweden, without reference to conflict of laws principles. Licensee agrees that any litigation relating to this EULA may only be brought in, and shall be subject to the jurisdiction of, any court of Sweden.

## 10. Severability

If any provision of this EULA is held to be unenforceable, this EULA will remain in effect with the provision omitted, unless omission would frustrate the intent of the parties, in which case this EULA will immediately terminate.

## 11. Integration

This EULA, including License Certificate, 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.

## 12. Third Party Software

Additional copyright notices and license terms applicable to portions of the Software are set forth in the doc/credits.html file.

The software may include third party JDBC driver files. These drivers and corresponding end user licenses are set forth in the jdbc directory of the DbVisualizer distribution. By accepting this EULA you agree to applicable license terms for third party software in the distribution.

### 12.1 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

### 12.2 Non-infringement

Licensor warrants that it has the right to furnish to Licensee the Software free of liens, claims, encumbrances and other restrictions not stated in this EULA, and that the Software does not infringe the intellectual property and/or proprietary rights of any third part.

## 13. Malicious code

Licensor will use reasonable efforts to ensure that Software is free of computer viruses, worms, Trojan horses, back doors, and other malicious code. For vendor to guarantee the authenticity of the Software, Customer must download Software from https://www.dbvis.com or other certified download site, and make sure the digital certificate is correctly prompted and confirmed at download.

## 14. Reservation of rights

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.

Copyright © 2019 DbVis Software AB. All rights reserved.