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VBSdb is an open source VBScript object for fast database-driven web
development. You'll be able to publish your database in minutes!
This is a License Agreement
between the VBSdb author ("Licensor") and each user of
VBSdb ("Licencee"). Clicking 'I Accept' Licencee confirms acknowledgement and
acceptance of the terms of this licence agreement.
In consideration of the mutual promises set forth below, Licensor and
Licencee agree as follows:
- Definitions
- The "Software" means the licenced download file content.
- The "Site" means the web site located at www.vbsdb.com on the world-wide
web.
- Licence
-
Subject to all the terms and restrictions hereinafter set forth,
Licensor hereby licences to the Licencee and the Licencee hereby
licences from the Licensor on a non-exclusive, non-transferable basis
the Software solely for personal use by the Licencee. The Software
will be provided through access to the Licensor's web server.
- Permitted Use
-
Licensor hereby grants to Licencee the limited, nonexclusive right
to use the Software solely in accordance with the terms and conditions
of this Agreement.
-
The agreement entitles the Licencee to use the Software for the
purpose of developing web sites.
-
The Licencee is granted the right to print, or modify the software to
be customized ONLY FOR PERSONAL USE.
- Prohibited Use
-
Licencee CANNOT DISTRIBUTE the Software or any of its modification in any form
(printed, electronically relayed, posted to public list services or
bulletin boards, or magnetically stored)
-
Licencee CANNOT use the Software in systems, in which the failure of the Software could
lead directly to death, personal injury, or severe physical or environmental
damage. Licensor specifically disclaim any express or implied warranty of fitness
for such activities.
- Term
-
This Agreement will take effect at the time the Licencee clicks "I Accept" or begin using
the Software, if got by a different means.
- Copyright. Proprietary rights
-
The copyright and all other proprietary rights in the Software are
the sole and exclusive property of Licensor. Licencee acknowledges
that the Software is extremely valuable, is confidential and
proprietary to Licensor, and has been compiled by Licensor through the
expenditure of considerable time, effort and expense. Licencee shall
use best efforts to prevent the disclosure, dissemination, copying and
use of the Software or any portion thereof, in violation of the terms
of this Agreement.
-
The Licencee acknowledges that the Licensor reserves all rights to
the product not herein expressly licenced.
- Licensor Warranty
-
The Software and related documentation are provided "as is",
without warranty of any kind. Further, Licensor does not warrant,
guarantee or make any representations that Licencee's use of the
Software will be uninterrupted or error-free, or that the results
obtained will be successful or will satisfy Licencee's requirements.
Licencee assumes the entire risk as to the results and performance of
the Software and the consideration due under this Agreement reflects
such assumption of risk by Licencee. Licensor makes no representations
or warranties either express or implied, with respect to the Software
or any information contained in the Software including but not limited
to, its quality, performance, time of performance, merchantability
or fitness for a particular use, or non-infringment.
The Licensor offers no warranty for the continued
compatibility of the Software with the software used by the Licencee
and the Licencee accepts full responsibility for purchasing and
upgrading hardware and software as required.
- Limitation of liability, indemnity
-
In no event shall Licensor be liable for indirect, special,
incidental or consequential damages arising out of the use of or
inability to use the Software or for any loss or damage of any nature
caused to any person as a result of the use of the Software even if
Licensor is advised of the possibility of such damages.
-
In no event shall Licensor's liability exceed, in the aggregate, the
total fees paid by Licencee to Licensor hereunder.
-
Licencee shall, and
hereby does, agree to, defend, indemnify and hold Licensor harmless
from and against any claim, liability, loss, injury, damage, cost or
expense (including reasonable attorneys' fees) incurred by Licensor to any third
party arising out of or from any use by
Licencee of the Software hereunder.
- Termination
-
The licenses granted herein shall terminate immediately and without notice from
the Licensor if the Licencee fails to comply with any provision of the License
Agreement.
-
Licensor shall have the right to terminate this Agreement upon
breach of any of its terms by Licencee.
Licensor reserves the right at any time to deny the Licencee access to the Software,
and to terminate this Agreement.
-
Upon termination, Licensee shall destroy all copies of the Software and any related
documentation.
- Data protection
-
Unless otherwise requested by the Licencee in writing to the
Licensor, the Licencee agrees that the Licensor may use the data
provided by the Licencee when licensing the Software for the marketing
and selling of the Licensor's own products and
services, and for sending technical support information.
- Entire Agreement
-
This Agreement contains the entire agreement of the parties as
to the Software and supersedes any and all written or oral prior
agreements and understandings. This Agreement may only be amended or
modified by the Licensor by publication on the Site. Licensee continued use of the
Software following notice of any such modification shall be conclusively deemed
acceptance of the revised terms of this Agreement. If any such revision is
unacceptable to the Licensee, the Licensee shall terminate to use the
Software immediately.
- Governing Laws
-
This Agreement shall be
governed by and construed in accordance with the laws of Italy.
-
Should a dispute arise from this Agreement that cannot be resolved by the
parties in good faith negotiations, both parties agree to submit such dispute to
arbitration in Italy, in the court of Mantova.
- Severability
-
The final determination by a court or regulatory authority of
competent jurisdiction of the invalidity or unenforceability of any
provision(s) of this Agreement shall in no way impair or affect the
validity or enforceability of any other provision of this Agreement,
all of which shall remain fully effective. Both parties shall use
best efforts to rewrite such invalid or unenforceable provision(s)
in a way that will be acceptable to such court and in accordance
with the original intent of such provision(s) and incorporate such
rewritten provision(s) into the Agreement.
- Survival
-
The provisions of Paragraphs 1,3,4,6,7,8,10,11,12,13 and 14 of
this Agreement shall survive the expiration or termination of this
Agreement.
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