Excel-DB. Rapid Database Spreadsheet Analysis. Rapid Database Spreadsheet Analysis  
EXCEL-DB SOFTWARE LICENSE AND MAINTENANCE AGREEMENT

This Software License and Maintenance Agreement ("Agreement") is between the Excel-DB licensee ("Licensee") and Rampant TechPress. ("RAMPANT TECHPRESS").

DEFINITIONS

"Software" means the actual copy of all or any portion of the final commercial release(s) of Excel-DB.

RAMPANT TECHPRESS proprietary geographic information system software technology, computer software code, components, dynamic link libraries, and programs delivered on any media, whether provided in source, object, or executable code format(s), inclusive of backups, updates, or upgrades supplied under this Agreement.

LICENSE

This license applies to the registered version of EXCEL-DB. If you are using an evaluation version of EXCEL-DB, see the section titled "Evaluation License" below. You should carefully read the following terms and conditions before using this software.

Unless you have a different license agreement signed by Rampant TechPress. Your use of this software indicates your acceptance of this license agreement and warranty.

Licensee may only use the type and number of copies of the Software, data, and documentation for which the appropriate license fees have been paid to RAMPANT TECHPRESS and in accordance with the licensed configuration on file with RAMPANT TECHPRESS Customer Service. Licensee may not assign the rights granted hereunder, or any of them, without the prior written consent of RAMPANT TECHPRESS.

REGISTERED LICENSE RESTRICTIONS

One registered copy of EXCEL-DB may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both.

For CITRIX, and any other environment where a single copy of Excel-DB can be accessed by multiple users, Excel-DB is licensed on an instantiated per-user basis, based on the actual number of distinct Excel-DB users.

You may access the registered version of EXCEL-DB through a network, provided that you have obtained individual licenses for the software covering all workstations that will access the software through the network. For instance, if 8 different workstations will access EXCEL-DB on the network, each workstation must have its own EXCEL-DB license, regardless of whether they use EXCEL-DB at different times or concurrently.

EVALUATION LICENSE TERMS

Excel-DB is not free software. Subject to the terms below, you are hereby licensed to use this software for evaluation purposes without charge for a period of 10 days.

The macros generated by EXCEL-DB, code written to interface to EXCEL-DB, data extracted from the database by EXCEL-DB or data uploaded by EXCEL-DB into the database may not be used for business purposes apart from for the evaluation of EXCEL-DB. You may not alter or modify or decompile or in any other way engineer the EXCEL-DB software and cannot give anyone else permission to modify it on your behalf.

UNDER NO CIRCUMSTANCES ARE YOU LICENSED TO DISTRIBUTE ANY MATERIAL CREATED BY THE EVALUATION VERSION OF EXCEL-DB.

LICENSE TERM AND FEES

The initial term of this Agreement shall begin on receipt of order (renewal date) and shall continue for twelve (12) consecutive months at the fee(s) noted in the RAMPANT TECHPRESS Quotation.

Thereafter, Licensee may continue the service for annual maintenance and update at the then current fee. Should Licensee decide to extend this Agreement, Licensee shall issue a purchase order in advance of the renewal date at the quoted price. Payment is due annually in advance. Licensee agrees to pay RAMPANT TECHPRESS invoices within thirty (30) days of receipt.

SOFTWARE MAINTENANCE AND YEARLY UPDATE SERVICE

Following the initial purchase of the Software, RAMPANT TECHPRESS will support/maintain the Software for a period of twelve (12) months. Subsequent yearly renewal invoices in the amount of 25% of the original purchase price will be mailed within 90 days of the license key expiration data.

Software support and maintenance will apply only to unmodified Software and to commercially released updated versions of the Software. Software updates are provided only for standard hardware platforms and operating systems supported by RAMPANT TECHPRESS as described in the Software documentation. Licensee is responsible for making or arranging for updates to interfaces for nonstandard devices or custom applications.

RAMPANT TECHPRESS supports users with the installation and maintenance of RAMPANT TECHPRESS Software, assistance in solving problems arising from the use of the Software and bugs submitted by the user.

Licensee may contact Excel-DB Technical Support at USA (800) 766-1884 during USA Eastern Standard Time business hours from 9:00 AM EST to 5:00 PM EST, Monday though Friday.

TERMINATION

This Agreement may be terminated by either party giving the other party thirty (30) days notice of intent to terminate prior to the end of the term identified in Article 1.

LIMITATION OF LIABILITY AND COMPLETE REMEDIES

RAMPANT TECHPRESS will use commercially reasonable efforts to provide corrections or work-around solutions for any errors reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement.

EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, RAMPANT TECHPRESS DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, SYSTEM INTEGRATION, AND NON-INFRINGEMENT. RAMPANT TECHPRESS DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED.

If RAMPANT TECHPRESS fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software.

IN NO EVENT SHALL RAMPANT TECHPRESS BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT RAMPANT TECHPRESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.


APPLICABLE LAWS

The laws of the State of North Carolina and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement.
 

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