NabuSQL
|
Termini di utilizzo e di vendita
Informativa sulla privacy
Contratto di licenza (EULA)
EN
HR
IT
DE
NabuSQL
|
Termini di utilizzo e di vendita
Informativa sulla privacy
Contratto di licenza (EULA)
EN
HR
IT
DE
This End-User License Agreement ("Agreement") is entered into between Nabukodonozor d.o.o. as the licensor ("Licensor") and the natural or legal person who installs, activates or uses the NabuSQL software ("User"). The software is licensed, not sold, as a copyrighted work and intellectual property of the Licensor.
By installing, activating or using the NabuSQL software, the User confirms that they have read, understood and accepted the terms of this Agreement. If the User does not agree with these terms, they must not install or use the software.
Under this Agreement, the Licensor grants the User a limited right to use the desktop application NabuSQL under the terms and conditions set out in this Agreement.
Provided that the User has lawfully obtained the license and complies with this Agreement, the Licensor grants the User a non-exclusive, non-transferable and limited license to install and use one copy of the NabuSQL software on one computer. One license may be used only for one computer at a time.
The User acquires the right to use the software after duly paying the license fee according to the Licensor's valid price list, offer, invoice, purchase order or other commercial document.
In order to use the software lawfully, the User is provided with a unique installation / activation / license key. The license key is used to authorize a copy of the software and may only be used within the scope corresponding to the granted license (one computer).
The User must keep the license key confidential and must not disclose, publish, share or provide it to any third party. Any use of the key contrary to this Agreement shall be deemed unauthorized use of the software.
If the User wishes to move the license to another computer (for example, replacement or failure of the existing one), this is only allowed under the conditions and procedure defined by the Licensor (e.g. prior deactivation / contacting support).
The User may install and use NabuSQL solely for its own internal needs and in accordance with the documentation, technical instructions and limitations of the granted license. Unless otherwise expressly approved in writing by the Licensor, the license does not include the right to provide multi-tenant hosting, make the software available to third parties as a service, rent, sub-license or commercially distribute the software.
Unless expressly permitted by mandatory law, the User must not:
All copyrights, industrial property rights, trade secrets, source and object code, database structure, user interface design, names, trademarks and other rights in and to the NabuSQL software belong exclusively to the Licensor and/or its licensors. Under this Agreement, the User does not acquire ownership of the software, but only a limited right to use the software in accordance with this Agreement.
Unless otherwise agreed under a separate maintenance or support contract, the Licensor is not obliged to provide upgrades, updates, bug fixes, technical support or new versions of the software. The Licensor may, but is not obliged to, provide updates from time to time, which shall be deemed part of the NabuSQL software.
The User is solely responsible for creating backups of its databases, files, configurations and any other data used together with the software. The Licensor does not warrant that the operation of the software will be uninterrupted or error-free and recommends regular backups, especially before any significant changes, upgrades or system migrations.
To the maximum extent permitted by applicable law, the NabuSQL software is provided "as is" and "as available", without any express or implied warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement of third-party rights, uninterrupted operation or compatibility with any specific hardware, operating system or software environment.
The Licensor does not warrant that the software will meet all User's needs or that the operation of the software will be entirely error-free, without interruptions or security incidents. The User is responsible for assessing whether the software meets its business, technical and security requirements.
To the maximum extent permitted by applicable law, the Licensor, its employees, contractors and licensors shall not be liable for any indirect, incidental, special, punitive or consequential damages, including without limitation loss of profit, loss of revenue, loss of data, business interruption, loss of business opportunities or the cost of procuring substitute software or services, arising out of or in connection with the installation, use of or inability to use the NabuSQL software, even if the Licensor has been advised of the possibility of such damages.
If, notwithstanding the foregoing, the Licensor's liability should still arise, the aggregate liability of the Licensor to the User shall be limited to the amount actually paid by the User for the NabuSQL license giving rise to the claim. The limitations in this section shall not apply in cases where liability cannot be validly excluded or limited under mandatory provisions of law (e.g. intentional misconduct, gross negligence, liability for death or personal injury).
This Agreement remains in force as long as the User complies with it or until the license expires if it is granted for a fixed term. If the User breaches any provision of this Agreement, the Licensor may, without prior notice, refuse activation, deactivate the license to the permitted extent and/or terminate the User's right to use the software.
Upon termination of the license, the User must immediately cease using the software, uninstall all copies of the software and, upon the Licensor's request, confirm that use has ceased. The provisions on intellectual property, disclaimer of warranties, limitation of liability and governing law shall survive termination of this Agreement.
The User may not transfer this Agreement or the license to any other person without the prior written consent of the Licensor. Any attempted transfer in violation of this provision shall be void, unless applicable law explicitly provides otherwise.
If, during activation, license verification, support or upgrading, the Licensor processes personal or technical data, such processing is carried out in accordance with applicable data protection laws and the Licensor's Privacy Policy. The User should review the then-current Privacy Policy published on the Licensor's website before installing and activating the software.
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Croatia. Any disputes arising out of or in connection with this Agreement shall be subject to the jurisdiction of the competent court at the Licensor's registered seat, unless mandatory provisions of law provide otherwise.
If any provision of this Agreement is held to be void, illegal or unenforceable, this shall not affect the validity of the remaining provisions, which shall remain in force to the maximum extent permitted by law. This Agreement constitutes the entire agreement between the parties with respect to the licensing of the NabuSQL software, except for parts expressly governed by a separate written contract, offer, invoice, purchase order or maintenance terms.