USAGE OF THIS SITE, SERVICES, SOFTWARE, AND DATA CONSTITUTE YOUR ACCEPTANCE OF THE FOLLOWING TERMS
Db2Go.com STANDARD TERMS AND CONDITIONS
1. GRANT OF LICENSE: You are granted, by Db2Go, a non-exclusive, non-transferable license to operate the computer programs ("Software") in agreement with the user documentation. There is no right is granted to sell, license, sublicense, lease, rent or otherwise transfer the Software or use the Software for third party training, commercial time-sharing, hosting, application service provision or service bureau use, or allow any third party to have access to or use the Software for any reason. The term “Product” includes all Product updates and new versions, if any, you receive from Db2Go.
2. OWNERSHIP OF THE PRODUCT; RESTRICTIONS ON USE: DataBase 2 Go owns and will retain all patent, copyright, trademark, trade secret and other proprietary rights in and to the Product. Your rights are limited to the License and the terms of this Agreement. This is a license agreement. This is NOT an agreement for sale.
- (a) No copy shall be made by you of the “Confidential Information” (this means the Product, all parts, copies and modifications thereof and any other information, in whatever form, received by you from DataBase 2 Go which is identified as being proprietary or confidential at the time of disclosure or should reasonably be understood to be proprietary); except that you may copy the Software as necessary to use it as permitted by Section 1 and for archival purposes only.
- (b) You shall NOT decompile, disassemble, reverse engineer or otherwise reduce the Software code to a human readable form.
- (c) You shall NOT remove from any part of the Confidential Information any notice of proprietary rights or any disclaimer.
- (d) Unless otherwise specified in this Agreement, you shall NOT sell, license, sub-license, rent or otherwise transfer the Product or License without the written permission of Db2Go.
- (e) You shall NOT modify the Product, merge it with other software or documentation or create derivative works based in whole or in part on the Product.
- (f) You shall NOT disclose or permit others to have access to the Confidential Information or any results of benchmark tests.
- You are not purchasing a sole product, database, software, script, or otherwise. You are purchasing access to a membership site which allows you license to the products for an indefinite period of time.
3. TERM AND TERMINATION: The term of this Agreement and the License will continue until all copies of the Product are returned by you to DataBase 2 Go or until this Agreement is terminated. DataBase 2 Go may terminate this Agreement by written notice to you specifying your failure or default. You will reimburse DataBase 2 Go for all reasonable costs incurred by DataBase 2 Go (including attorneys' fees) in collecting past due amounts. Any non-remedial breach shall entitle DataBase 2 Go to terminate this Agreement and all Licenses hereunder immediately upon written notice to you. This remedy shall not be an exclusive remedy and shall be in addition to any other remedies which DataBase 2 Go may have under this Agreement or otherwise.
4. PAYMENT: All fees for Product licenses and Technical Support shall be due and payable by you on the date of this agreement. The fees for Product licenses and or custom work purchased by you shall be non-refundable and non-cancellable.
5. LICENSEE'S RESPONSIBILITIES FOR SELECTION AND USE: You are responsible for the supervision, management and control of the use of the Product, including output of the Product.
6. EXCLUSION OF WARRANTY: You recognize that the Product may have defects or deficiencies which cannot or will not be corrected by Db2Go. DataBase 2 Go IS DELIVERING THE PRODUCT TO YOU "AS IS," AND DataBase 2 Go DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT.
7 . LIMITATIONS OF LIABILITY AND REMEDIES: THE LIABILITY OF DataBase 2 Go AND ITS LICENSORS IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE PRODUCT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER SHALL NOT EXCEED THE LICENSE FEE YOU PAID FOR the applicable copy of the Product and/or particular service that gave rise to any claim. IN NO EVENT SHALL DataBase 2 Go OR ITS LICENSORS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, TORT (INCLUDING NEGLIGENCE) OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PRODUCT OR ANY MATERIALS OR SERVICES FURNISHED HEREUNDER OR FROM Db2Go's PERFORMANCE OF SERVICES, EVEN IF DataBase 2 Go OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You are explicitly prohibited from utilizing the Product for any unlawful purposes, including without limitation in violation of any anti-spam laws whether local, state or federal regulations or policy or executive orders. You hereby agree that DataBase 2 Go shall not be liable for any claims or damages arising from such use and you hereby agree to indemnify DataBase 2 Go from any and all costs, expenses (including attorneys’ fees), damages and liabilities incurred by DataBase 2 Go relating to any such use by you.
8. GENERAL PROVISIONS: This Agreement represents the entire agreement between you and DataBase 2 Go with respect to the Product and subject matter hereof, and supersedes all prior proposals, representations and agreements, whether written or oral, with respect thereto. This Agreement may be amended or modified only by a written agreement executed by you and Db2Go.
I agree, and will not hold DataBase 2 Go responsible for any damages that may occur from any custom work or software as stated above.