Evaluation

CLOUD BASIC EVALUATION SOFTWARE LICENSE TERMS

CLOUDBASIC REPLICATE for SQL Server Self-Install Version EVALUATION

These license terms are an agreement between CLOUDBASIC, Inc (or based on where you live, one of its affiliates) and you. Please read them. They apply to the evaluation software named above, which includes the media on which you received it, if any. The terms also apply to any CLOUDBASIC
• updates,
• supplements,
• Internet-based services, and
• support services
for this software, unless other terms accompany those items. If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE.

IMPORTANT NOTICE:  AUTOMATIC UPDATES TO PREVIOUS VERSIONS OF CLOUDBASIC REPLICATE.  If this software is installed on servers or devices running any supported editions of CLOUDBASIC Replicate prior to 3.4 (or components of any of them) this software will automatically update and replace certain files or features within those editions with files from this software.  This feature cannot be switched off.  Removal of these files may cause errors in the software and the original files may not be recoverable.  By installing this software on a server or device that is running such editions you consent to these updates in all such editions and copies of CLOUDBASIC Replicate (including components of any of them) running on that server or device.

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If you comply with these license terms, you have the rights below.

1. INSTALLATION AND USE RIGHTS.
a. Installation and Use.
• You may install and use one copy of the software on one server at a time. Each copy must be activated against CLOUDBASIC servers. Internet connection is required at the time of software activation. The approximate location of each installed copy will be registered by CLOUDBASIC. You may use the software only to demonstrate and internally evaluate it. If you need to run more than one copy at a time, you need to obtain a different installation copy with a new activation key.
• You may not use the software in a live operating environment unless CLOUDBASIC permits you to do so under another agreement.
b. INTERNET-BASED SERVICES. CLOUDBASIC provides Internet-based services with the software. It may change or cancel them at any time.

2. EVALUATION VERSION LIMITATIONS.
a. The evaluation version of the software is time-sensitive. The software will stop running thirty days after you install it. You will not receive any other notice. You may not be able to access data used with the software when it stops running.
b. The replicated copy of the data cannot be used for production purposes. This software employs data scrambling algorithm. During the seeding process, the data in randomly selected rows and columns in each table are scrambled.

3. THIRD PARTY NOTICES. The software may include third party code, that CLOUDBASIC, not the third party, licenses to you under the terms set forth in this agreement. Notices, if any, for any third party code are included for your information only. Additionally, any third party scripts, linked to, called or referenced from this software, are licensed to you by the third parties that own such code, not by CLOUDBASIC.

4. .NET FRAMEWORK SOFTWARE. The software contains Microsoft .NET Framework software. This software is part of Windows. The license terms for Windows apply to your use of the .NET Framework software.

5. SCOPE OF LICENSE. The software is licensed, not sold. Unless applicable law gives you more rights, CLOUDBASIC reserves all other rights not expressly granted under this agreement, whether by implication, estoppel or otherwise. You may use the software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the software that only allow you to use it in certain ways. You may not
• disclose the results of any benchmark tests of the software to any third party without CLOUDBASIC’s prior written approval;
• work around any technical limitations in the software;
• reverse engineer, decompile or disassemble the software, except and only to the extent that applicable law expressly permits, despite this limitation;
• make more copies of the software than specified in this agreement or allowed by applicable law, despite this limitation;
• publish the software, including any application programming interfaces included in the software, for others to copy;
• share or otherwise distribute documents, text or images;
• rent, lease or lend the software; or
• use the software for commercial software hosting services.
You also may not remove, minimize, block or modify any logos, trademarks, copyright, digital watermarks, or other notices of CLOUDBASIC or its suppliers that are included in the software, including any content made available to you through the software.

6. EXPORT RESTRICTIONS. The software is subject to United States export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the software. These laws include restrictions on destinations, end users and end use. For additional information, see www.cloudbasic.net/exporting.

7. SUPPORT. As part of the product evaluation, you are entitled to receive complimentary product training conducted over the phone, in English, and via sharing of product administrative screens, during standard Pacific Time Zone work hours. Providing of the training is subject to qualified trainer availability and CLOUDBASIC reserves the right to refuse the request for training if a qualified trainer is unavailable or the number of hours to conduct the training is deemed unreasonable at CLOUDBASIC’s own discretion, in which case CLOUDBASIC will refer you to self-service help resources. By requesting complimentary training or support, you agree to grant to CLOUDBASIC the right to list your business as a customer on its web sites by using your business name and logo, and to continue to exercise such a right after you discontinue using CLOUDBASIC Replicate. If you wish to opt out from granting the right to CLOUDBASIC the right to refer to your business as a customer, you have to submit a request by email to CLOUDBASIC, in which case CLOUDBASIC reserves the right to refuse to provide training or support at no cost to you. CLOUDBASIC will remove your business name and logo from its web sites within 7 days.

8. ENTIRE AGREEMENT. This agreement, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

9. APPLICABLE LAW.
a. United States. If you acquired the software in the United States, California state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles. The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.
b. Outside the United States. If you acquired the software in any other country, the laws of that country apply.

10. LEGAL EFFECT. This agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the software. This agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.

11. DISCLAIMER OF WARRANTY. THE SOFTWARE IS LICENSED “AS-IS.” YOU BEAR THE RISK OF USING IT. CLOUDBASIC GIVES NO EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS OR STATUTORY GUARANTEES UNDER YOUR LOCAL LAWS WHICH THIS AGREEMENT CANNOT CHANGE. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, CLOUDBASIC EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FOR AUSTRALIA – you have statutory guarantees under the Australian Consumer Law and nothing in these terms is intended to affect those rights.

12. LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES. YOU CAN RECOVER FROM CLOUDBASIC AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO U.S. $5.00. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

• anything related to the software, services, content (including code) on third party Internet sites, or third party programs, and
• claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.
It also applies even if CLOUDBASIC knew or should have known about the possibility of the damages. The above limitation or exclusion may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.