R:BASE TECHNOLOGIES, INC. LICENSE AGREEMENT
R:BASE 11
Single Seat License
This is a legal agreement between you, the end user ("Licensee"), and R:BASE Technologies, Inc. ("RBTI"). Please read the terms and conditions of this License Agreement before using this software. By you selecting "I accept the license agreement" and clicking "Next" during product installation means you expressly accept the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, you must stop installing the Product and click "Cancel". Your money will be refunded based upon proof of purchase, and in compliance with the return period described in the LIMITED WARRANTY below. A violation of the License, brings damage both financially and to the reputation of RBTI, and in the occurrence of either, both termination of the license agreement and civil damages will be vigorously sought. Once you have clicked "I accept the license agreement", you are entitled to use the Product under the following terms and conditions of this Agreement:
LICENSE
This RBTI License Agreement permits you to use one copy of the R:BASE computer software with associated utilities (the “Program”) and accompanying user documentation (the “Documentation”) on any single computer. If you do not have a Site License or at least one 5 Seat Add-On License, this program can only be installed on a single machine. However, you can open multiple sessions and be connected to the same and/or other local or network databases on the same machine simultaneously. (The 5 Seat Add-On License permits additional seats to access the Program, in 5 seat increments if each is physically linked to a single file server and you have obtained a separate license for a Single Seat version of the Program. 5 Seat Add-On Licenses must be licensed at the same Single Seat version). A Program is “being used” on a computer when it is loaded into a temporary memory or installed on a hard drive in the computer. However, a copy of the Program installed on a network server for the sole purpose of distribution to other computers is not “being used”. Each seat having access to the Program must have an appropriate license. If you anticipate that the number of seats with access to the Program will exceed the number of seats for which you are licensed, you must take steps to ensure that the appropriate licenses are obtained for each seat.
5 SEAT ADD-ON AND SITE LICENSES
If a printed or other form of “hard-copy” License accompanied the copy of the Program you received whose terms vary from this agreement, then the hard-copy License governs your use of the Program. 5 Seat Add-On and Site Licenses allow you to install the Program on the total number of machines for which you are licensed only.
SATELLITE LICENSES
A Satellite License permits a Licensee to use one copy of the copy of the Program on any additional single computer, for additional development to accompany an existing Single Seat License. The Satellite License must be licensed to the same user as the existing Single Seat License. Each seat having access to the Program must have an appropriate license.
EVALUATION LICENSES
If you have purchased or received an Evaluation License for the Program, the Evaluation Licenses are inherently Single Seat licenses and are governed by the same stipulations regarding the limitations of how many machines the Program can be installed on. Evaluation products may have certain features disabled and are not marketed to be a full version product. Lastly, Evaluation Licenses are non-transferable and may contain an expiration date or lockout after a certain period of time.
COPYRIGHT AND RESTRICTIONS
RBTI retains full ownership rights in the Program and Documentation. You may make a single copy of the Program; to be used solely for backup or archival purposes, or you may transfer the Program onto a single hard disk provided you keep the original solely for backup or archival purposes. Such copies shall be owned by RBTI. You may not copy any printed material or Documentation without prior permission. You may not decompile, disassemble cross-compile, reverse engineer, or make or distribute any other form of, or derivative work from, the Program. You may not obscure, alter or remove any RBTI copyright, trademark or proprietary rights notices.
TRANSFER OF LICENSE
You may not lend, rent or lease the Program or Documentation or any copies to any person. A transfer of license is only authorized through completion of the Consent to Assignment and Assumption of Contract agreement from RBTI. Upon license transfer, you are permanently giving such person possession of all copies of the Program and Documentation, are permanently giving up your right to use the Program and Documentation, and the recipient agrees to the terms of this License Agreement.
STEP UPS AND UPGRADE PURCHASES
As the Licensee, you are authorized to use the Program only if you are an authorized user of a qualifying product as determined by RBTI. The new license agreement takes the place of the agreement of the qualifying software you stepped up or upgraded from. After you upgrade, you may no longer use the software from which you upgraded. When you install the upgrade, you must uninstall the copy of the qualifying product.
TERM OF LICENSE
The licensing provided in this License Agreement is perpetual unless you violate any of its terms or conditions, at which time the license will automatically terminate. Upon termination you must return all copies of the Program and Documentation to RBTI or certify in writing to RBTI that all such copies have been destroyed and uninstalled from each workstation and/or network server. RBTI reserves the right to, at its expense and without prior notice, conduct periodic inspections for licensing compliancy. If licensee is found to be in violation of current agreement, RBTI may commence a civil action seeking fines, damages, attorney’s fees and injunctive relief and may also, in appropriate circumstances, seek criminal prosecution.
ACTIVATION CODES
The Program requires activation using a unique code. If you purchase a Single Seat License with or without 5 Seat Add-On Licenses, you agree to comply with the license activation and verification procedure described in this section of the Agreement. The activation technology may prevent your use of the Program if you do not follow the activation process described in this Agreement.
Each activation code is tied to one Windows operating system computer. A dual-boot computer with multiple operating systems cannot activate a Single Seat License on more than one operating system. Any software utilities which alter how the Program is installed on a local drive are not supported. This includes any utilities which alter, remove or transfer the location of the Program on the hard drive, or any hard drive utilities which alter the physical properties of the local drive.
The Program activation can be completed automatically through an Internet connection or manually through a provided email option. In doing so, the Program Registration Number and Computer ID must be provided. License validation allows a number of activations based upon the number of licenses purchased.
If a computer is no longer using the Program, through license transfer or hardware failure, the Activation Key that was used on the computer must be submitted to R:BASE Technologies so the key may be disabled, which will then free up that used activation. Once a key is reported as no longer in use and deactivated, it can no longer be used on that computer. Product deactivation can be performed automatically from within R:BASE. To review the License Key and Activation Key product information, select "Help" > "Product Activation" from the Menu Bar.
Licenses for the Corporate VIP Licenses of the Program are not controlled by activation codes and can be operated from computers that are not connected to the Internet.
SOFTWARE SUPPORT
The availability of software support services is subject to the End of Support (EOS) and End of Life (EOL) product life cycle, and to an active Software Assurance Plan. Where applicable, licensees will be provided with an option to upgrade to the current supported version of a software product.
LIMITED WARRANTY
RBTI warrants to you, as the initial user, the Program will perform substantially in accordance with the Documentation, provided it is used in unaltered form with functioning equipment and operating systems for which it was designed. RBTI will, at its option, with proof of payment within 30 days of the invoice date and after the Program with Documentation has been deactivated and uninstalled, and software installer, whether provided by download or other means, permanently deleted from all drives and folders, issue a full refund. These are your sole remedies for any breach of warranty. No exceptions will be made.
SERVICES PROVIDED WITH PURCHASE
| 1. | 30-Day Limited Complimentary Technical Support |
LICENSEE RESPONSIBILITIES
•To help us expedite the process and provide high quality assistance, the licensee must provide proof of purchase when calling. Proof of purchase is defined as the following: registration number, purchase date, version and build number, and company or individual to which product is registered.
•To have operating system, workstations, and local network installed and functional. RBTI will NOT be responsible for resolving issues not pertaining to the Program.
•Our support staff deals with advanced issues, therefore the person contacting RBTI for assistance should be the system administrator or have other R:BASE/SQL experience and be able to understand and implement the advice given.
•To have the database(s) being converted, safely backed-up before attempting conversion process. RBTI will NOT be held responsible for lost data or corruption as a result of advice given.
R:BASE TECHNOLOGIES, INC. RESPONSIBILITIES
•To provide quality assistance in a timely manner to aid Licensee in the installation of the product within 30 days of the date of purchase.
•To provide a reasonable solution for any resolvable issue. Not all issues are resolvable, and therefore we will acknowledge the existence of known issues or “bugs” which we are presently aware of, that have no reasonable work-around.
RBTI reserves the right to limit the amount of support time allotted to a maximum of 2 HOURS during the 30-Day Complimentary Technical Support Period. We also reserve the right to limit the quantity of calls from a particular Licensee to 30 MINUTES in a single day. Issues are dealt with on a case-by-case basis, and are handled at the discretion of the support agent assigned to the case. Complimentary Support is limited to INSTALLATION and ELEMENTARY CONVERSION related issues ONLY. Our support hours are from 10am. to 6pm. Eastern Time.
For assistance on your APPLICATIONS, DESIGN, or ADVANCED CONVERSION issues, we offer Technical Support Plans of various types to meet your needs. Please visit the SUPPORT area of our website at www.rbase.com for details and pricing.
| 2. | Fixes for Known Issues |
RBTI will provide continued product fixes for known issues or “bugs” for 1 YEAR from the software purchase date. After 1 year, users are urged to acquire the necessary Software Assurance Plan to continue with product support and ongoing activations for reinstallations and license transfers.
| 3. | Enhancement Requests |
RBTI will provide continued product enhancements for requested features for 1 YEAR from the software purchase date. After 1 year, users are urged to acquire the necessary Software Assurance Plan to continue with product support and ongoing activations for reinstallations and license transfers.
| 4. | Periodic Activations |
RBTI will provide periodic product activations of license transfers and/or reinstallations for 1 YEAR from the R:BASE purchase date. Any activation requests that occur beyond the 1 Year purchase date will require an active Software Assurance Plan.
NO OTHER WARRANTIES
Except as explicitly stated above, RBTI makes no express or implied warranties (including any warranties of merchantability or fitness) with respect to the character, function, or capabilities of the program, the documentation or their appropriateness for any user’s purposes. RBTI cannot customize product(s) to meet specific needs in all cases. Examples of customization include, but are not limited to: special character sets, foreign language adaptations, specific device drivers or other localization issues. Under no circumstances will RBTI be held responsible for product functionality once alterations have been made to accommodate individual needs.
DISCLAIMER OF WARRANTY
The Program and the accompanying files are sold "as is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied. Because of the various hardware and software environments into which the Program may be put, No warranty of fitness for a particular purpose is offered. Good data processing procedure dictates that any program be thoroughly tested with non-critical data before relying on it. The user must assume the entire risk of using the Program. Any liability of the seller will be limited exclusively to product replacement or refund of purchase price.
HIGH RISK ACTIVITIES
The Program is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, air traffic control, aircraft navigation or communication systems, direct life support machines, or weapons systems, in which the failure of the Program could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). RBTI specifically disclaims any expression or implied warranty of fitness for High Risk Activities.
LIMITATIONS ON LIABILITIES
RBTI will not be responsible for any costs or damages associated with loss of the use of the Program or any other resources, loss of business or profits, any loss of data, any third-party claims or costs of substitute programs. In no event will RBTI be liable for any incidental, indirect, special, consequential or punitive damages suffered by the user or any other person or entity, whether from the use of the program or documentation, any failure thereof, or otherwise, even if RBTI or its dealers or agents are aware of the possibility of such damages. In no event will RBTI aggregate liability to you or anyone else exceed two times the license fee you paid for the program and documentation in this package. Because some states do not allow the limitation or exclusion of implied warranties and liabilities for consequential or incidental damages, the above limitations may not apply to you.
GENERAL
This License Agreement constitutes the full and complete agreement between parties. RBTI retains all rights not specifically granted herein. RBTI shall not be deemed to have waived any of its rights hereunder or under all copyright laws, trade secrecy laws or otherwise. This Agreement is intended as a legally binding agreement which will be enforced to the full extent permitted under applicable law, in whole or in part. If any one provision of this Agreement is declared invalid or unenforceable, all remaining provisions shall never less remain in effect. The laws of the state of Pennsylvania shall govern this Agreement. RBTI reserves the right to amend, alter, or revoke this agreement at any time. All revisions to this license agreement are available for inspection upon request, supersede conditions in all past agreements, and render prior license agreements void and unenforceable. Both parties named in this license will only be bound to the terms of the most current revision of this agreement.
U.S. GOVERNMENT RESTRICTED RIGHTS
Use, duplication or disclosure by the Government, its agents or employees is subject to all restrictions imposed by law, regulation or government directive, including but not limited to those restrictions set forth in DFARS 252.227-7013 and 48CFR 52.227-19, as applicable.
R:BASE Technologies, Inc.
https://www.rbase.com
rbaseinfo@rbase.com
Copyright 1982-2024 R:BASE Technologies, Inc.
All Rights Reserved
Revised Wednesday, September 04, 2024
