Devgems Data Modeler 1.4

EULA - End User License Agreement

END-USER LICENSE AGREEMENT FOR DEVGEMS DATA MODELER
This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Devgems.com ("Devgems") for the software product "Data Modeler", which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("SOFTWARE "). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.

SOFTWARE PRODUCT LICENSE
The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.

GRANT OF LICENSE
This EULA grants you the following non-exclusive rights:

Installation and Use:
a) You may install and use a copy of TRIAL VERSION of the SOFTWARE only for evaluation purposes, for an evaluation period of 30 days. You may not use the TRIAL VERSION for commercial purposes.
b) You may install and use a copy of the SOFTWARE provided that you hold a license to use it. You may use the SOFTWARE for personal and commercial purposes with the license. You can install the SOFTWARE on a second computer, for your own usage, but you are the sole user of the SOFTWARE and you cannot allow concurrent use of it by more than one individual (you).

UPGRADES
You are eligible to free updates of SOFTWARE as long as the major version number of SOFTWARE is the same. If the SOFTWARE is licensed as upgrade, you may only use the SOFTWARE to replace the previous licensed version of the same SOFTWARE, and you understand that the upgrade is not a second SOFTWARE license granted to you.

REPRODUCTION AND DISTRIBUTION
You may not distribute, rent, lease, loan or sublicense the Software in whole or in part, or transmit it over a network for use on more computers for which you have no valid Licenses.

LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY
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 notwithstanding this limitation. You may not create derivative works or competitor products based upon the SOFTWARE or its parts.

SEPARATION OF COMPONENTS
The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer.

SOFTWARE TRANSFER
You cannot transfer your right under this EULA to another party.

TERM AND TERMINATION OF AGREEMENT
This Agreement takes effect upon installation of the SOFTWARE for the first time. Without prejudice to any other rights, the DEVGEMS 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 and all of its component parts, and notify DEVGEMS.

COPYRIGHT
All title and copyrights in and to the SOFTWARE, including but not limited to any images, animations, video, text, the accompanying printed materials if available, and any copies of the SOFTWARE are owned by DEVGEMS. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes.

LIMITED WARRANTY
The Author of this Software expressly disclaims any warranty for the SOFTWARE. The SOFTWARE and any related documentation is provided "as is" without warranty of any kind, either express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, or no infringement. The entire risk arising out of use or performance of the SOFTWARE remains with you.

NO LIABILITY FOR DAMAGES
In no event shall DEVGEMS be liable for any 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 this product, even if DEVGEMS has been advised of the possibility of such damages.

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