End-User License Agreement
IMPORTANT – READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you and DBeaver Corporation to regulate your use of theCloudBeaver software and its related components.
CloudBeaverCommunity Edition is free to use and open-source (licensed under Apache 2.0 license).
CloudBeaver is proprietary software available on AWS Marketplace. It is licensed under this EULA and AWS Elemental End User License Agreement. In case of some discrepancies AWS Elemental EULA prevails.
If you do not agree to all of the terms of this EULA, you should not use the CloudBeaver software and its related components.
1. Definitions in this EULA
“Licensor” means DBeaver Corp.
“Licensee” means an individual or a legal entity exercising rights under and complying with all of the terms and conditions of this EULA or futureversions of this EULA.
“Software” means the software program known as CloudBeaver in binary form, including its documentation, any third-party software programs that are owned and licensed by parties other than Licensor and that are either integrated with or made part of Software (collectively, “Third Party Software”).
“License Certificate” means evidence of a license provided by Licensor toLicensee in electronic or printed form and defining the optional rights relatedto the Software.
CloudBeaver is distributed as AMI on AWS Marketplace. An Amazon Machine Image (AMI) is a special type of virtual appliance that is used to create a virtual machine within the Amazon Elastic Compute Cloud (“EC2”).
The Software is the property of Licensor or its suppliers. The Software is licensed, not sold. Title and copyrights to the Software, in whole and in part,all copies thereof and all modifications, enhancements, derivatives and otheralterations of the Software regardless of who made any modifications, if any,are, and will remain, the sole and exclusive property of Licensor.
3. Grant of Rights
According to the License Certificate, Licensor grants Licensee a non-exclusive,non-transferable rights to use the Software, and sub-sequent versions thereof,under certain obligations and limited rights as set forth in this EULA.
– Use Software on Amazon Machine Image.
– Make copies of the Software as reasonably necessary forthe use authorized by this EULA, including backup and/or archival purposes. Noother copies may be made. Each copy must reproduce all copyright and otherproprietary rights notices on or in the Software Product.
– Notwithstanding the non-transferability, Licensee may transfer a license toanother user in the same organization, when, and only when, the designatedLicensee (user) moves to non-database tasks or leaves the organization.
4. Evaluation License
A time limited version of the Software, Evaluation License, is provided for a period of thirty (30) days (“Trial Period”) from the date of subscription to the product. During Trial Period Licensee can use the product without paying software charges on the product.
The time limited version is subject to allterms set forth in this EULA with the exception that theEvaluation License isnot for general commercial use.
5. License Restrictions
Licensee may not:
– Reverse engineer, decompile, disassemble, modify, translate, attempt todiscover the source code of the Software in whole or in part.
– Distribute, copy, publish, assign, sell, bargain, convey, transfer, pledge,lease or grant any further rights to use the Software.
– Modify or create derivative work-based Software in whole or in part
– Tamper with, alter, disable or circumvent the Software’s built-in licenseverification and enforcement capabilities.
– Remove of alter any trademark, copyright, logo or other proprietary noticesin the Software.
6. Disclaimer of Warranty
Unless specified in this EULA, all express or implied conditions,representations and warranties, including any implied warranty of fitness for aparticular purpose are disclaimed, except to the extent that these disclaimersare held to be legally invalid.
7. Limitation of Liability
To the extent not prohibited by law, in no event will Licensor (or anythird-party developer) be liable for any lost revenue, profit or data, or forspecial, indirect, consequential, incidental or punitive damages, however causedregardless of the theory of liability, arising out of or related to the use ofor inability to use Software, even if Licensor has been advised of thepossibility of such damages.
In no event will Licensor’s liability to Licensee, whether in contract, tort(including negligence), or otherwise, exceed the amount paid by Licensee forSoftware under this EULA. The foregoing limitations will apply even if the abovestated warranty fails of its essential purpose. Some states do not allow theexclusion of incidental or consequential damages, so some of the terms above maynot be applicable to Licensee.
This EULA is effective until terminated. Licensee may terminate this EULA at anytime by destroying all copies of Software.
This agreement may be terminated by either party if the other party commits amaterial breach. Either party will have thirty (30) calendar days following thereceipt of written notice to remedy any material breaches. Immediately upontermination, any Accessible Code in possession, custody or control of Licenseemust be destroyed and written confirmation of such destruction provided toLicensor.
Licensee agrees that upon termination of this EULA for any reason, Licensor maytake actions so that Software no longer operates.
If any provision of this EULA is held to be unenforceable, this EULA will remainin effect with the provision omitted, unless omission would frustrate the intentof the parties, in which case this EULA will immediately terminate.
This EULA is the entire agreement between Licensee and Licensor relating to itssubject matter. It supersedes all prior or contemporaneous oral or writtencommunications, proposals, representations and warranties and prevails over anyconflicting or additional terms of any quote, order, acknowledgment, or othercommunication between the parties relating to its subject matter during the termof this EULA. No modification of this EULA will be binding, unless in writingand signed by an authorized representative of each party.
11. Reservation of rights
All rights not expressly granted in this EULA are reserved by Licensor.Licensor reserves the right at any time to cease the support of the Software andto alter prices, features, specifications, capabilities, functions, licensingterms, release dates, general availability or other characteristics of theSoftware.
12. Licensor Representations
Licensor represents, warrants, and covenants that it and each of its affiliatesand their respective agents and subcontractors (i) use and will continue to usecommercially reasonable efforts to ensure that there is no slavery, humantrafficking, and/or child or forced labor in any part of their respectivebusinesses or supply chain; (ii) have not, and their respective directors,officers, and employees have not, been convicted of any offense involvingslavery, human trafficking, and/or child or forced labor; and (iii) are notcurrently and have not in the past been the subject of any investigation,inquiry, or enforcement proceedings in relation to an alleged offense inconnection with slavery, human trafficking, and/or child or forced labor.