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