End User License Agreement
IN-MEMORY OLTP SIMULATOR v1.1
Copyright © 2015-2017 Artemakis Artemiou
*** END USER LICENSE AGREEMENT ***
IMPORTANT – READ CAREFULLY: BY DOWNLOADING, INSTALLING, AND/OR USING THE SOFTWARE (DEFINED BELOW), YOU (DEFINED BELOW) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT (DEFINED BELOW). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU MUST NOT DOWNLOAD, INSTALL, OR USE THE SOFTWARE, AND YOU MUST DELETE OR RETURN THE UNUSED SOFTWARE.
When used in this Agreement, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:
“Computer” means a virtual or physical device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions, including without limitation desktop computers, laptops, tablets, mobile devices, telecommunication devices, Internet-connected devices, and hardware products capable of operating a wide variety of productivity, entertainment, or other software applications.
"Licensor" means Artemakis Artemiou. "Licensee" means You or Your Company, unless otherwise indicated.
"SOFTWARE PRODUCT or SOFTWARE" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media with which this Agreement is provided, including but not limited to ((i) registration information, i.e. License key which is unique for a registration name of the Licensee; (ii) related explanatory written materials or files ("Documentation"); and (iii) Software setup files and code samples (if any); and (b) upgrades, modified versions, updates, additions, and copies of the Software, if any, licensed to you by the Licensor (collectively, "Updates").
"Use" or "Using" means to access, download, install, copy or otherwise benefit from using the functionality of the SOFTWARE in accordance with the Documentation.
"Community Edition" means a version or edition of the SOFTWARE that may have limited features.
“Ultimate Edition” means a version or edition of the SOFTWARE that is not a Community Edition of the SOFTWARE and which requires the Licensee to purchase a license and to activate the SOFTWARE in order to be able to use it.
“Activation Code” means the unique resultant value generated via a one-way mathematical transformation based on two essential system components of the Licensee’s Computer (BIOS id and Mainboard id) which cannot identify the Licensee or be backwards calculated to determine the original value.
“Serial Number” means a set of unique characters associated with a specific copy of the Licensed Ultimate Editon of the SOFTWARE issued by the Licensors to the Licensee (based on the specific configuration and release of the SOFTWARE and the license type, license term, and/or number of Computers).
"Activation" means, collectively, the specific Serial Number, Activation Code, and authorization for each copy of the SOFTWARE’s Ultimate Edition issued by the Licensor to the Licensee.
“Retrieve Activation Code Process” means the process based on which the Activation Code is generated for the Ultimate Edition of the SOFTWARE after the Licensee entered in the SOFTWARE the Serial Number he or she was provided with after purchasing a license for Ultimate Edition of the SOFTWARE.
“Software Activation Process” means the process that the Licensee needs to run within the SOFTWARE in order to enable the Ultimate Edition of the SOFTWARE after he or she purchases a license for the Ultimate Edition of the SOFTWARE.
“License File” means the final license file that the Licensor sends to the Licensee only after successfully validating the Serial Number and the Activation Code communicated to the Licensor by the Licensee after the Licensee purchased a license for the Ultimate Edition of the SOFTWARE and ran the Software Activation Process.
2. GRANT OF LICENSE
The Licensor grants you the rights described in this EULA provided that you comply with all the terms and conditions of this EULA:
2.1 General Software License Grant
You are granted a non-exclusive right to download, install and use the SOFTWARE. The Licensor grants the use of the Software Product according to one of the license types below as identified in the product title.
2.1.1 Ultimate Edition
If you purchased a License for the SOFTWARE’s Ultimate Edition, the Licensor grants to you one (1) personal, non-transferable, non-exclusive license to download, install and use a single copy of the SOFTWARE on a single Computer. Use of the SOFTWARE by other individuals is permitted only if said other individual has been licensed to use the SOFTWARE.
The purchased license for the SOFTWARE’s Ultimate Edition allows up to two (2) activations for different hardware configurations but only on the same Computer. To this end, if the Licensee makes extensive changes to his or her computer, he or she can generate a new activation code and run the Software Activation Process again. This can only take place once. This means that the Licensee after completing the second Software Activation Process, he or she will not be provided with additional free activations in case of further hardware changes to his or her computer which may cause the SOFTWARE’s Ultimate Edition not be operational. To this end, in such case, the Licensee will need to purchase a new license and perform a new Activation.
2.1.2 Community Edition (No costs)
If you are using a the Community Edition of the SOFTWARE, which is a free version, then conditioned upon your compliance with the terms and conditions of this Agreement, the Licensor grants you a non-exclusive and non-transferable license to download, install and use the SOFTWARE solely for your personal purposes.
You may not modify the SOFTWARE in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-license, sell, transfer, exploit, alter, translate, modify or adapt the SOFTWARE nor decompile, dissemble or reverse engineer the same nor attempt to do such thing.
You may not lease or rent the SOFTWARE.
2.4 Proprietary notices
You may not remove any proprietary notices or labels on the SOFTWARE.
2.5 Derived Works
You agree that you will not use the SOFTWARE to develop derived works that offer similar functionality as the SOFTWARE or expose the features of the SOFTWARE for use by an unlicensed third party.
2.6 Reservation of Rights
The Licensor reserves all rights not expressly granted herein.
3. SOFTWARE ACTIVATION AND DATA USE
The Community Edition of the SOFTWARE does not require a license to be purchased or an activation to take place.
After purchasing a license for the Ultimate Edition of the SOFTWARE, the Licensee will receive a Serial Number to the email address he or she used for purchasing the license.
After receiving the Serial Number, the Licensee will need to run the Software Activation Process. Based on this process, the Licensee will need to enter in the SOFTWARE’s “Activate Ultimate Edition” dialog the Serial Number and then through the Retrieve Activation Code process generate the Activation Code.
The “Retrieve Activation Code” process uses information about two essential system components of the Licensee’s computer (BIOS id and Mainboard id) and based on this information, it generates a unique hardware hash (a hash is a numeric value derived through a mathematical formula and based upon some other, original value) through a one-way mathematical transformation. This means that the resultant hash value (“activation code”) cannot be backwards calculated to determine the original values and it ensures complete anonymity, thus it cannot identify the Licensee. This process was developed in order to maintain the Licensee’s privacy and it is only used to deter piracy.
The next step is the Licensee to manually send via email to the Licensor the Serial Number and the Activation Code. Then, the Licensor will validate the provided information and if the validation is successful he will provide the Licensee with the License File which he or she can load into the SOFTWARE in order to enable the Ultimate Edition.
The Activation Code generated via the “Retrieve Activation Code” process is used by the Licensor in order to generate a License File that only works on the computer where the Activation Code has been generated. If the Licensee wants to run the Ultimate Edition of the SOFTWARE on another computer, he or she will need to purchase a new license and perform a new Activation. The purchased license for the SOFTWARE’s Ultimate Edition allows up to two (2) activations for different hardware configurations but only on the same Computer. To this end, if the Licensee makes extensive changes to his or her computer, he or she can generate a new activation code and run the Software Activation Process again. This can only take place once. This means that the Licensee after completing the second Software Activation Process, he or she will not be provided with additional free activations in case of further hardware changes to his or her computer which may cause the SOFTWARE’s Ultimate Edition not be operational. To this end, in such case, the Licensee will need to purchase a new license and perform a new Activation.
4.1 The Licensor periodically releases updates to existing versions, and also complete new versions, of the SOFTWARE. For a period of one year following the purchase of the Software Product, updates and new versions are free of costs.
4.2 If this copy of the SOFTWARE is an upgrade from an earlier version of the SOFTWARE, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the SOFTWARE to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the SOFTWARE or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.
You are not allowed to sell the SOFTWARE in any way or include it with other commercial software without explicit permission from the Licensor.
You may not reverse engineer, copy, duplicate or distribute the license schema that is needed to use the SOFTWARE in a design, development or runtime environment. You may not rent, lease, lend, disassemble, decompile or reverse engineer the SOFTWARE or any portions of it.
Without prejudice to any other rights, The Licensor may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form.
7. INTELLECTUAL PROPERTY RIGHTS
7.1 This License does not transmit any intellectual rights on the SOFTWARE. The SOFTWARE and any copies that the Licensee is authorized by the Licensor to make are the intellectual property of and are owned by the Licensor.
7.2 The SOFTWARE is protected by copyright, including without limitation by Copyright Law and international treaty provisions.
7.3 Any copies that the Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the SOFTWARE.
7.4 The structure, organization and code of the SOFTWARE are the valuable trade secrets and confidential information of the Licensor. The Licensee agrees not to decompile, disassemble or otherwise attempt to discover the source code of the SOFTWARE.
7.5 Any attempts to reverse-engineer, copy, clone, modify or alter in any way the installer program without the Licensor's specific approval are strictly prohibited. The Licensee is not authorized to use any plug-in or enhancement that permits to save modifications to a file with software licensed and distributed by the Licensor.
7.6 Any information supplied by the Licensor or obtained by the Licensee, as permitted hereunder, may only be used by the Licensee for the purpose described herein and may not be disclosed to any third party or used to create any software which is substantially similar to the expression of the SOFTWARE.
7.7 Trademarks shall be used in accordance with accepted trademark practice, including identification of trademarks owners' names. Trademarks can only be used to identify printed output produced by the SOFTWARE and such use of any trademark does not give the Licensee any rights of ownership in that trademark.
8. LIMITED WARRANTY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND THE LICENSOR HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SOFTWARE AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SOFTWARE OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
9. SUPPORT SERVICES
The Licensor is not obligated to, but may at its own option, provide the Licensee with free email support.
If a portion of this agreement is held unenforceable, the remainder shall be valid. It means that if one section of the Agreement is not lawful, the rest of the Agreement is still in force. A party's failure to exercise any right under this Agreement will not constitute a waiver of (a) any other terms or conditions of this Agreement, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this Agreement.
11. LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall the Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
12. LANGUAGE OF AGREEMENT
You agree that this EULA be drafted in the English language.