License

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FEEDBACKSERVER 5.0.0 END-USER SOFTWARE LICENSE AGREEMENT
 

IMPORTANT-READ CAREFULLY: This End-User License Agreement ("Software License Agreement" and/or “EULA”) is a legal agreement between you ("Licensee”) (either an individual or a single entity) and Data Illusion Zumbrunn. ("Licensor") for the Data Illusion Zumbrunn software that accompanies this EULA, which includes computer software and may include associated media, printed materials, "online" or electronic documentation, source code, and Internet-based services ("Software"). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE. If you are not using a legally obtained licensed copy of the Software, you are not allowed to install the Software or future Software updates.

Licensor grants Licensee the following rights provided that Licensee complies with all terms and conditions of this Software License Agreement.
 

1. GRANT OF LICENSE

This Agreement grants Licensee a limited, non-exclusive license to use the Software specifically as set forth herein. Licensor reserves all rights not expressly granted to Licensee. The Software consists of server software (Server) and is installed/downloaded directly onto authorized Server(s). Each Server must have a separate license or licenses installed on the Server, and Server may not share the same Software unless written approval by Licensor. The total number of Servers must not exceed the total number of purchased licenses by Licensee.
 

2. SOFTWARE LICENSES RIGHTS AND LIMITATIONS

Licensee may not remove or hide any copyright, or trademark notices from the Software. Licensee may replace the FeedbackServer logo displayed in the administration section of the Software with Licensee's own logo. If you are a service provider (you are not the end user of the product) you must license Software under a Service Provider License Agreement. Licensee may not attempt to modify, use or enable any features not enabled and/or permitted by Licensee Software license.

Source code license of the Software

Licensee is allowed to modify the source code and use the modified version to run the Software as defined in paragraph 13. Licensee shall obtain a license to run each binaries generated using the source code of the Software. Licensee may not remove or hide any copyright, or trademark notices from the Software. Licensee may not attempt to modify, use or enable any features not enabled and/or permitted by Licensee Software license.
 

 3. LIMITATION ON USE AND DISTRIBUTION

Licensee must be the end user of the Software and may not sublicense, re-license, resell, rent or lease any edition or version of the Software except under the terms of a Service Provider License Agreement and/or a Reseller Agreement, as applicable. Licensee may not use the Software to provide any services online or offline based on the Sofware except under the terms of a Service Provider License Agreement and/or a Reseller Agreement. Licensee may not distribute the Software, or any portion thereof, or any derived work thereof, to anyone and/or any other third party without the prior, written approval from Licensor. Licensee is not allowed to combine or distribute the Software with other software without the prior, written approval from Licensor, and Licensee may not license the Software under terms that seek to require that the Software (or any intellectual property in it) be provided in source code form, licensed to others to allow the creation or distribution of derivative works, or distributed with or without charge
 

4. LICENSEE’S RIGHTS AND OBLIGATIONS

The Software is protected by United States copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You must treat the Software like any other copyrighted material. You may not copy any portion of the Software (including but not limited to the printed materials accompanying the Software) without the prior, written consent of Licensor. The Software is licensed, not sold. All rights, title, and copyrights in and to the Software (including, but not limited to, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software) and any copies of the Software are exclusively owned by Licensor and/or its suppliers or third parties having works incorporated into the Software. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law.
 

5. LIMITED WARRANTY

Licensor warrants that for a period of 30 of days after delivery of the Software to Licensee:

A. The physical media on which this copy of the Software is distributed will be free from defects in materials and workmanship under normal use (if are provided as part of the delivery), and

B. The Software will perform in substantial accordance with the Documentation.LICENSEE AGREES THAT IT IS SOLELY RESPONSIBLE FOR THE ACCURACY AND ADEQUACY OF THE SOFTWARE FOR ITS INTENDED USE AND TO THE EXTENT PERMITTED BY LAW AND, WITHOUT WAIVING SOVEREIGN IMMUNITY, LICENSEE WILL INDEMNIFY AND HOLD HARMLESS LICENSOR FROM ANY 3RD PARTY SUIT TO THE EXTENT BASED UPON THE ACCURACY AND ADEQUACY OF THE SOFTWARE IN ITS USE. WITHOUT LIMITATION, THE SOFTWARE IS NOT INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION, COMMUNICATION SYSTEMS OR AIR TRAFFIC CONTROL EQUIPMENT, WHERE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY OR SEVERE PHYSICAL OR

ENVIRONMENTAL DAMAGE.

Limited Warranty and Customer Remedies. Licensor warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that (i) the Software will perform substantially in accordance with any accompanying Documentation for a period of thirty (30) days from the date of receipt, and (ii) any support services provided by Licensor shall be substantially as described in section 6 of this agreement. Some states and jurisdictions do not allow limitations on duration of an implied warranty, so the above limitation may not apply. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to thirty (30) days. Licensor's and its suppliers' entire liability and Licensee’s exclusive remedy shall be, at Licensor's option, either (i) return of the price paid, if any, or (ii) repair or replacement of the Software that does not meet Licensor's Limited Warranty and which is returned to Licensor with a copy of its receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. No Other Warranties and Disclaimer. THE FOREGOING LIMITED WARRANTY AND REMEDIES STATE THE SOLE AND EXCLUSIVE REMEDIES FOR LICENSOR OR ITS SUPPLIER'S BREACH OF WARRANTY. LICENSOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS LICENSEE MAY OBTAIN BY USING THE SOFTWARE. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, AND FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM TO THE EXTENT WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO LICENSEE IN ITS JURISDICTION, LICENSOR AND ITS SUPPLIERS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESSED OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE AS TO ANY OTHER MATTERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, INFORMATIONAL CONTENT OR ACCURACY, QUIET ENJOYMENT, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THIS LIMITED WARRANTY GIVES LICENSEE SPECIFIC LEGAL RIGHTS. LICENSEE MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS SOFTWARE LICENSE AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY LICENSEE FOR THE SOFTWARE PRODUCT. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to Licensee. In such states and jurisdictions, Licensor's liability shall be limited to the greatest extent permitted by law. Licensee agrees that his exclusive remedy under this Software License Agreement shall not exceed five dollar (US $5.00) in total.

Infringement Claims. Except as otherwise disclaimed or provided in this agreement, Licensee herby agree to indemnify, defend and hold harmless Licensor from and against any and all claims, suites, fines causes, actions, liabilities, damages, expenses, legal fees, and obligations (Collectively “CLAIMS”) of any kind arising out of or from, either directly or indirectly, (1) Licensee breach of any use, provision, term or condition of this agreement, or (2) any claim from any third party against Licensor based upon the party’s use of the Software, or (3) If the Software is modified in any manner, that it infringes upon the copyright, trademark, patent, trade secret or other intellectual property rights of a third party. The obligations of this section shall survive expiration or earlier termination of this agreement.
 

6. LIMITED REMEDY

Licensor entire liability and Licensee exclusive remedy shall be:

A. The replacement of any CD-ROM(s) or other media (if provided as part of the delivery) not meeting the Limited Warranty which is returned to Licensor or to an authorized Dealer or Distributor with a copy of Licensee’s receipt, or

B. If Licensor or an authorized Dealer or Distributor are unable to deliver a replacement CD-ROM(s) or other media that is free of defects in materials or workmanship, Licensee may terminate this Agreement by returning the Software and Documentation and Licensee’s money will be refunded.

IN NO EVENT WILL LICENSOR BE LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE (EVEN IF LICENSOR OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.
 

7. TERM AND TERMINATION

This Agreement is effective by installing, copying, or otherwise using the Software. Licensor shall have the right to immediately terminate this License if Licensee fails to perform any obligation required of Licensee under this Agreement or if Licensee becomes bankrupt or insolvent. This License Agreement remains effective until terminated. Licensee may terminate it at any time by destroying all copies of the Software and Documentation in its possession. It will also automatically terminate if Licensee fails to comply with any term or condition of this License Agreement. Licensor may from time to time update the Software License Agreement without prior notice or authorization from Licensee. Source license(s) subscription purchased by Licensee at a per year(s) pricing are starting at the date of the delivered invoice. Licensee shall terminate the usage of the Software at the end of its subscription if Licensee does not renew its subscription within 30 days before the end of its current subscription.
 

8. RETURN OR DESTRUCTION OF SOFTWARE UPON TERMINATION

Upon termination of this License, Licensee shall return to Licensor or destroy the original and all copies of the Software including partial copies and modifications.
 

9. TITLE TO SOFTWARE

Licensor retains title to and ownership of the Software and all modified or updated versions of the Software. Any enhancements made to the Software by Licensee remain the ownership of the Licensee.
 

10. MODIFICATION AND ENHANCEMENTS

Licensee will make no efforts to reverse engineer the Software, or make any modifications or enhancements without Licensor's express written consent, except modifications and enhancements to those parts of the Software delivered with source code. The licensee is not allowed to sublicense, re-license, license, sell, resell, rent or lease modified, enhanced or derived work of the Software in source or binary form to anyone without prior written permission of the Licensor.
 

11. THE SOFTWARE

The Software shall consist of the modules or components shall perform the functions and shall comply with the specifications, identified or set forth in the documentation. The Software contains third party programs. The license terms with those programs apply to your use of them.
 

12. UPGRADES

To use Software upgrade, Licensee must first be licensed for the software that is eligible for the upgrade. Upon upgrade, the upgrade constitutes a single software and this agreement takes the place of the agreement for the software Licensee upgraded from. After upgrade, Licensee may not reverse back upgrade and may no longer use the software Licensee upgraded from and/or permitting such use.
 

13. SOURCE CODE

The Software shall include its Source Code form (the "Source Code"), and all relevant explanations and documentation of the Source Code provided the Licensee purchased a Source Code license. The Source Code includes all source files that are necessary for compilation of the application. The source code does not contain the code parts that checks license key validity and does not include source files or documentation of third party libraries, components or work incorporated with the Software. Licensee may not remove or alter any license check being in the Source Code.

The Source Code is provided for the purposes of education, troubleshooting and modifications. Under no circumstances may any portion of the Source code, or any modified version or derivative work of the Source Code, be distributed, disclosed or otherwise made available to any third party without the express written consent of the Licensor.

Licensee is not allowed combining or distributing the Source code or its parts with other software or software that is licensed under terms that seek to require that the Software (or any intellectual property in it) be provided in source code form, licensed to others to allow the creation or distribution of

derivative works, or distributed without charge. Licensee will take resonable mesures to protect and obfuscate all client side code against code stealing.Under no circumstances may the source code or its part be used in whole or in part, as the basis for creating a product or application that provides the same, or substantially the same, functionality as any product, application, service or online service of Licensor.The Licensor does not provide any technical support for the Source Code modified by Licensee.
 

14. DATABASE CODE

The database schema, stored procedures or functions code can only be used by the Software or modified version of the Software. The Licensee shall change the database schema, stored procedures or functions provided the Licensee purchased Source Code license.
 

15. EVALUATION (TRIAL) AND BETA VERSIONS

The Licensee can use the evaluation (trial) and beta versions of the Software for the limited purposes of demonstrations, testing, trials, design time evaluations and running sample applications. The licensee shall terminate using Software when the trial or beta period expires.
 

16. OPERATING ENVIRONMENT

The Software, and each module or component and function thereof, shall be capable of operating fully and correctly on the combination of computer equipment ("Hardware"), the programming language and the Operating System specified in the documentation.
 

17. TRANSFER OF RIGHT

If substantially all Licensee's assets and/or a controlling interest in Licensee's ownership are acquired, or Licensee is the subject of a merger or reorganization, the Software license and rights granted herein may be transferred to the acquiring/surviving entity, provided Licensee retains no copies of the Software, Licensee transfers all of the Software (including all component parts, the media and printed materials, any upgrades, and this Agreement), and the recipient agrees to the terms of this Agreement in writing with Licensor. If the Software is an upgraded version or edition, any transfer must include all prior versions of the Software.
 

18. SOFTWARE MAINTENANCE

Licensor shall provide to Licensee, without additional charge, copies of the Software and Documentation revised to reflect any enhancements to the Software made by Licensor during the first 30 days after purchase. Such enhancements shall include all modifications to the Software which increase the speed, efficiency or ease of operation of the Software of the Software.
 

19. CONFIDENTIALITY

Licensee agrees that it shall not disclose to any third party any information concerning the customers, trade secrets, methods, processes or procedures or any other confidential, financial or business information of Licensor which it learns during the course of its performance of this Agreement, without the prior written consent of Licensor. This obligation shall survive the cancellation or other termination of this Agreement.

The Software contains trade secrets and proprietary know-how that belong to the Licensor and it is being made available to Licensee in strict confidence.

ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF THE TRADE SECRET RIGHTS OF LICENSOR.
 

20. PUBLICITY

Licensor is allowed to publish the name of the Licensee as a reference on Licensor’s Web site and in Licensor’s marketing materials unless the Licensee expresses a written or spoken disagreement with publishing its name within 30 days after purchase.

 

21. LICENSOR'S PROPRIETARY NOTICES

Licensee agrees that any copies of the Software or Documentation which it makes pursuant to this Agreement shall bear all copyright, trademark and other proprietary notices included therein by. Notwithstanding the preceding sentence, Licensee may add its own copyright or other proprietary notice to any copy of the Software or Documentation which contains modifications to which Licensee has ownership rights pursuant to this Agreement.
 

22. ATTORNEY FEES

If any legal action is necessary to enforce this License, the prevailing party shall be entitled to reasonable attorney fees, costs and expenses in addition to any other relief to which it may be entitled.
 

23. NOTICE

All notices required or permitted to be given by one party to the other under this Agreement, excluding paragraph 20 shall be sufficient if sent by certified mail, return receipt requested, to the parties at the respective addresses set forth above or to such other address as the party to receive the notice has designated by notice to the other party.
 

24. GENERAL PROVISIONS

This agreement is subject to the law of Switzerland, and any disputes concerning or arising out of this agreement will be submited, ruled and be governed by the exclusive jurisdiction of the courts of Canton de Genève in Switzerland. As an exception, Licensor may apply to any court anywhere in the world for an order restraining Licensee use of the Licensor's products and services in breach of this agreement, or following the termination of Licensee's licence, and may enforce any such order.

This Software License Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes all prior written and oral understandings of the parties with respect to the subject matter hereof. Any notice or other communication given under this Software License Agreement shall be in writing and shall have been properly given by either the Licensor or the Licensee to the other if sent by certified or registered mail, return receipt requested, or by overnight courier to the address shown on Licensor's Web site for Licensor and the address shown in Licensor's records, or such other address as the parties may designate by notice given in the manner set forth above. This Software License Agreement will bind and inure to the benefit of the parties and our respective heirs, personal and legal representatives, affiliates, successors and permitted assigns. The failure of either of the Licensor or Licensee at any time to require performance of any provision hereof shall in no manner affect such party's right at a later time to enforce the same or any other term of this Software License Agreement. This Software License Agreement may be amended only by a document in writing signed by both Licensor and Licensee.

In the event of a breach or threatened breach of this Software License Agreement by either party, the other shall have all applicable equitable as well as legal remedies. The Software and its related documentation may not be exported or re-exported in violation of the U.S. Export Administration Act and its implementing regulations or the laws of the jurisdiction in which the Software was obtained. Each party is duly authorized and empowered to enter into and perform this Software License Agreement. If, for any reason, any provision of this Software License Agreement is held invalid or otherwise unenforceable, such invalidity or unenforceability shall not affect the remainder of this Software License Agreement, and this Software License Agreement shall continue in full force and effect to the fullest extent allowed by law. The Licensee knowingly and expressly consent to the foregoing terms and conditions.Should you have any questions concerning this Agreement, or if you desire to contact Licensor for any reason, please access Licensor website at http://www.dataillusion.com

 

 

(c) 2011 Data Illusion Zumbrunn. All Rights Reserved