End User License Agreement
The software product (PostgresCompare) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software product is licensed, not sold.
- 1.1 Installation and Usage: Licences are per user and valid for use on all supported operating systems. Licence keys may be used on multiple (2) computers and operating systems, provided the licence key holder is the primary user.
- 1.2 Backup Copies: You may make copies of the licence key and or PostgresCompare for backup and archival purposes.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- 2.1 Maintenance of Copyright Notices: You must not remove or alter any copyright notices on any copy of PostgresCompare.
- 2.2 Distribution: You may not distribute or sell licence keys or PostgresCompare to third parties. Licences will be revoked if distributed or sold to third parties.
- 2.3 Rental: You may not rent, lease, or lend the licence key or PostgresCompare.
- 3.1 All title, including but not limited to copyrights, in and to PostgresCompare and any copies thereof are owned by PostgresCompare.
- 4.1 The Supplier:
- 4.1.1 does not warrant that the Customer’s use of the Subscription will be uninterrupted or error-free; or that the Subscription and/or the information obtained by the Customer through the Support Services will meet the Customer’s requirements;
- 4.1.2 is not responsible for any delays, delivery failures, or any other loss or damage resulting from the transfer of data over communications networks and facilities, including the internet, and the Customer acknowledges that the Subscription may be subject to limitations, delays and other problems inherent in the use of such communications facilities.
- 4.2 EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, ALL CONDITIONS, WARRANTIES, TERMS AND UNDERTAKINGS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, TRADE PRACTICE, CUSTOM, COURSE OF DEALING OR OTHERWISE (INCLUDING WITHOUT LIMITATION AS TO QUALITY, PERFORMANCE OR FITNESS OR SUITABILITY FOR PURPOSE) IN RESPECT OF THE SUBSCRIPTION ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW.
5. LIMITATION OF LIABILITY
- 5.1 Nothing in this Agreement shall exclude or restrict the liability of either party to the other for death or personal injury resulting from the negligent act of one party or for liability for any fraudulent misrepresentation by a party to this Agreement.
- 5.2 SUBJECT TO THE PROVISIONS OF CLAUSES 5.1, 5.3 AND 5.4, THE LIABILITY OF THE SUPPLIER TO THE CUSTOMER FOR DIRECT LOSS IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CUSTOMER’S USE OF THE SUBSCRIPTION SHALL BE LIMITED IN RESPECT OF ALL CLAIMS ARISING TO THE SUBSCRIPTION FEE PAID BY THE CUSTOMER TO THE SUPPLIER UNDER THIS AGREEMENT IN RESPECT OF THE SUBSCRIPTION PROVIDED IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.
- 5.3 SUBJECT TO THE PROVISIONS OF CLAUSE 5.1, IN NO CIRCUMSTANCES SHALL THE SUPPLIER BE LIABLE TO THE CUSTOMER WHETHER IN CONTRACT, TORT, NEGLIGENCE, BREACH OF STATUTORY DUTY OR OTHERWISE IN RESPECT OF:
- 5.3.1 LOSS OF PROFITS, ANTICIPATED SAVINGS, REVENUE, GOODWILL OR BUSINESS OPPORTUNITY;
- 5.3.2 LOSS OR CORRUPTION OF OR COST OF RESTORATION OF DATA OR FOR USE OF ANY RESULTS OBTAINED BY USE OF THE SOFTWARE; OR
- 5.3.3 ANY INDIRECT, CONSEQUENTIAL, FINANCIAL OR ECONOMIC LOSS OR DAMAGE, COSTS OR EXPENSES, WHATEVER OR HOWEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE CUSTOMER’S USE OF THE SUBSCRIPTION.
6. PAYMENT AND PAYMENT TERMS
- 6.1 The Subscription Fee (together with any levies, duties and/or taxes imposed on the Customer in its jurisdiction including, but not limited to, value added tax, sales tax, use tax and withholding tax) shall be due and payable by the Customer as specified during the purchase process.
- 6.2 If the Customer does not pay the Subscription Fee or any other sums payable under this Agreement when due, the Supplier reserves the right to terminate the Subscription and prevent the Customer from accessing and/or using the Software immediately.