License for Customer Use of OneWebSQL

PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING OneWebSQL

This license for the Customer Use of OneWebSQL („License”) is the legal agreement which governs use of e-point SA product OneWebSQL downloadable herefrom. This License sets forth the terms and conditions of the OneWebSQL License only.

By downloading, installing, copying or otherwise using OneWebSQL, you agree to be bound by the terms of this License. If you do not agree to the terms of this License or do not have authority to bind customer to these terms, do not download or use OneWebSQL. OneWebSQL is not sold, but, instead, is only licensed for use, strictly in accordance with this document.

1. Definitions

Customer – means the entity or individual that downloads or uses OneWebSQL

OneWebSQL – means developer tools including Code Generator, RunTime Library and associated materials downloaded with OneWebSQL or available on OneWebSQL's website

Code Generator – means part of OneWebSQL which generates source code from the Data Modeling Tool

RunTime Library – means part of OneWebSQL which is required by the source code generated by the Code Generator

Data Modeling Tool – means third party software, not included in OneWebSQL, for modeling data

Working Days – any day other than Saturday, Sunday and legal holidays in Poland

2. Grant of License

e-point SA hereby grants Customer the following non-exclusive, non-transferable right to use OneWebSQL, with the following limitations:

2.1. All versions

2.1.1. Customer may not alter, modify, adapt, translate, reverse engineer, decompile or disassemble OneWebSQL, nor attempt in any other manner to obtain the source code.

2.1.2. Customer may not sell, transfer, assign, rent, lease or sublicense OneWebSQL to anyone else.

2.1.3. Customer may not distribute copies of OneWebSQL or electronically transfer OneWebSQL from one computer to another or over a network.

2.1.4. Customer may need to activate OneWebSQL via the Internet or telephone; toll charges may apply. There are technological measures in OneWebSQL that are designed to prevent unlicensed or illegal use of OneWebSQL.

2.2. Evaluation version

2.2.1. Evaluation version may be used only to review, demonstrate and evaluate OneWebSQL for a limited time described in product's specification.

2.2.2. Customer may not use any evaluation version of OneWebSQL (especially new downloaded) after the expiration of one evaluation license period. Upon expiration of the evaluation license period, Customer must either obtain a commercial version License to continue using OneWebSQL or cease using OneWebSQL immediately.

2.2.3. The evaluation version may have limited features as described on OneWebSQL website, and will cease operating after a predetermined amount of time due to an internal mechanism within the evaluation version.

2.2.4. Evaluation version may not be used for any commercial purpose, including, but not limited to, development of commercial software or other work within a commercial project or institution.

2.2.5. Customer may install and use one copy of OneWebSQL on a single computer, and, except for making one back-up copy of OneWebSQL, may not otherwise copy OneWebSQL. This License of OneWebSQL may not be shared or used concurrently on different computers.

2.3. Commercial version

2.3.1. Commercial License comes in two versions; one compatible with one of the Data Modeling Tools, and the „JDBC reverse enigineering” version, which requires live database access. Customer may only use the OneWebSQL version Customer has paid a License fee for. To use another version of OneWebSQL, Customer must purchase additional Licensing.

2.3.2. Customer may use only OneWebSQL on such number of computers and for a period according to paid License fee. Customer is required to record the names of computers and computer users which have the right to use OneWebSQL and to share this data with e-point SA upon request.

2.3.3. e-point SA shall issue and deliver to Customer via internet or email, after payment of the License fee, License key for each copy of OneWebSQL. To enable commercial License, Customer is responsible for installing License key as specified in documentation.

2.3.4. The payment terms and conditions for the License fee, payable to e-point SA, are specified on OneWebSQL website.

2.3.5. License key includes license number, Customer name, contact person with email, license expiration, number of concurrent users and license type.

2.4. Educational version

2.4.1. Educational version may be used only for personal activities, experimentation, self-training and education purposes (for noncommercial settings) solely by individuals who are students or faculty members.

2.4.2. Educational version license period is 3 years.

2.4.3. Educational version has the same features as Commercial version.

2.4.4. Educational version may not be used for any commercial purpose, including, but not limited to, development of commercial software or other work within a commercial project or institution.

2.4.5. e-point SA will have no obligation to provide support, updates, patches, bug fixes or other enhancements.

2.4.6. School / institution is required to buy Commercial version if it is going to profit from the project of persons defined in point 2.4.1 above.

2.5. Noncommercial version

2.5.1. Noncommercial version may be used only by individuals and non-profit organizations.

2.5.2. Noncommercial version license period is 1 year.

2.5.3. Noncommercial version has the same features as Commercial.

2.5.4. Noncommercial version may not be used for any commercial purpose, including, but not limited to, development of commercial software or other work within a commercial project or institution.

2.5.5. e-point SA will have no obligation to provide support, updates, patches, bug fixes or other enhancements.

2.6. RunTime Library

2.6.1 Customer may use RunTime Library, obtained during License period, with the source code generated by the Code Generator during License period, with no time limitation.

2.7. Generated source code

2.7.1. All rights to generated source code by Code Generator during License period belong to Customer.

2.8. Audit

2.8.1. You agree that e-point SA may audit your use of OneWebSQL for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of OneWebSQL by you other than in full compliance with the terms of this License, you shall reimburse e-point SA for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.

3. Updates

3.1. OneWebSQL may be updated from time to time. Customer during the License period has the right to use updated, available on OneWebSQL website, version of OneWebSQL or its parts, with no additional fee. By updating to a newer version, the Customer accepts the terms and conditions of the License attached to the newer version.

4. Customer Support

4.1. For a Commercial version, support will be available during the license period as follows:

4.1.1. Standard version support - The response time will be reasonable, but no specific response time guarantees are given

4.1.2. Premium version support - The response time will be 3 Working Days

5. Termination

This License will automatically terminate if Customer fails to comply with any of the terms and conditions hereof. In such event, Customer must destroy all copies of OneWebSQL and all of its component parts.

6. Copyright

All title and copyrights in and to OneWebSQL (including, but not limited to, all images, photographs, animations, video, audio, music, text and other information incorporated into OneWebSQL), the accompanying materials and any copies of OneWebSQL, are owned by e-point SA. OneWebSQL is protected by copyright laws and international treaty provisions. Accordingly, Customer is required to treat OneWebSQL like any other copyrighted material, except as otherwise allowed pursuant to this License, and that Customer may make one copy of OneWebSQL solely for backup or archive purposes.

7. Applicable law

This License shall be deemed to have been made in, and shall be construed pursuant to, the laws of The Republic of Poland. The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed.

8. Use of name and logo

8.1. Customer agrees to be identified as a client of e-point SA and that e-point SA may refer to Customer by name, trade name and trademark, if applicable, and may briefly describe Customer business in e-point's marketing materials, on e-point SA website and in public or legal documents. Customer hereby grants e-point SA a license to use Customer's name and any of Customer's trade names and trademarks solely pursuant to this marketing section.

For an opt-out of this term, please contact e-point SA at:

e-point SA
ul. Filona 16
02-658 Warsaw, Poland
email: contact@OneWebSQL.com

9. Disclaimer of warranties and limitation on liability

9.1 To the maximum extent permitted by applicable law, OneWebSQL is provided "as is" and e-point SA disclaim all warranties, either whether expressed, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Without limiting the foregoing, you are solely responsible for determining and verifying that the OneWebSQL Customer obtains and uses is the appropriate version.

9.2 To the maximum extent permitted by applicable law, in no event shall e-point SA be liable for any special, incidental, indirect or consequential damages whatsoever (including, without limitation, damages for loss of business profits, loss of data, business interruption, loss of business information or any other pecuniary loss) arising out of the use of or inability to use the OneWebSQL, even if e-point SA has been advised of the possibility of such damages.

10. Miscellaneous

10.1. The Customer agrees that he will not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights and/or e-point SA's rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.

10.2. If any provision of this License is inconsistent with or cannot be fully enforced under the law, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the law. This License is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written. Customer agrees that it will not ship, transfer or export OneWebSQL into any country, or use OneWebSQL in any manner prohibited by law of The Republic of Poland or any export laws, restrictions or regulations.

For exceptions or modifications to this License, please contact e-point SA at:
Address: Filona 16, 02-658 Warsaw, Poland
E-mail: contact@OneWebSQL.com