Rocket! 1.0


EULA - End User License Agreement



END USER LICENSE AGREEMENT

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NOTICE TO USER:

THIS IS AN AGREEMENT GOVERNING YOUR USE OF ROCKET! DATA MANAGEMENT, FURTHER DEFINED HEREIN AS

"PRODUCT", AND THE LICENSOR OF THE PRODUCT IS WILLING TO PROVIDE YOU WITH ACCESS TO THE PRODUCT

ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS

AGREEMENT. BELOW, YOU ARE ASKED TO ACCEPT THIS AGREEMENT AND CONTINUE TO INSTALL OR, IF YOU DO

NOT WISH TO ACCEPT THIS AGREEMENT, TO DECLINE THIS AGREEMENT, IN WHICH CASE YOU WILL NOT BE ABLE

TO INSTALL OR OPERATE THE PRODUCT. BY INSTALLING THIS PRODUCT YOU ACCEPT ALL THE TERMS AND

CONDITIONS OF THIS AGREEMENT.

This Electronic End User License Agreement (the "Agreement") is a legal agreement between you

(either an individual or an entity), the "Licensee", and Rocket! Data management (the

"Licensor"), regarding the Licensors software and service titled Rocket! Data management 1.0

owned by the Licensor and/or its respective affiliates and licensors, as applicable pursuant to

a valid license, you are about to download in object code form or other related services,

including without limitation a) all of the contents of the files, license keys or codes, serial

numbers, components, parts, disk(s), CD-ROM(s) or other media with which this Agreement is

provided (the "Software"), and b) all successor upgrades, revisions, patches, enhancements,

fixes, modifications, copies, additions or maintenance releases of the Software, if any,

licensed to you by the Licensor (collectively, the "Updates") provided that Updates shall not

include a new subsequent releases of Rocket! Data management bearing a new first numeral such as

8.0 or 9.0 ("New Releases"), and c) related user documentation and explanatory materials or

files provided in written, "online" or electronic form (the "Documentation" and together with

the Software and Updates, the "Product"). You are subject to the terms and conditions of this

End User License Agreement whether you access or obtain the Product directly from the Licensor,

or through any other source. For purposes hereof, "you" or "Licensee" means the individual

person installing or using the Product on his or her own behalf; or, if the Product is being

downloaded or installed on behalf of an organization, such as an employer, "you" or "Licensee"

means the organization for which the Product is downloaded or installed and it is represented

hereby that such organization has authorized the person accepting this agreement to do so on its

behalf. For purposes hereof the term "organization", without limitation, includes any

partnership, limited liability company, corporation, association, joint stock company, trust,

joint venture, labor organization, unincorporated organization, or governmental authority.

By accessing, storing, loading, installing, executing, displaying, copying the Product into the

memory of a Client Device, as defined below, or otherwise benefiting from using the

functionality of the Product ("Operating"), you agree to be bound by the terms and conditions of

this Agreement. If you do not agree to the terms and conditions of this Agreement, the Licensor

is unwilling to license the Product to you. In such event, you may not Operate or use the

Product in any way and, if applicable, you may return the Product to the place of purchase for a

full refund.

BEFORE YOU PUT A CHECKMARK AT THE "I ACCEPT THE AGREEMENT" BUTTON AND PRESS "NEXT", PLEASE

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT, AS SUCH ACTIONS ARE A SYMBOL OF YOUR

SIGNATURE AND BY CLICKING ON THE "I ACCEPT THE AGREMENT" AND "NEXT" BUTTONS, YOU ARE CONSENTING

TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT AND AGREE THAT THIS AGREEMENT IS

ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF

THE TERMS OF THIS AGREEMENT, CLICK THE "CANCEL" BUTTON AND THE PRODUCT WILL NOT BE INSTALLED ON

YOUR CLIENT DEVICE, AS SUCH TERM IS DEFINED BELOW.

1. Proprietary Rights and Non-Disclosure.

1.1. Ownership Rights. You agree that the Product and the authorship, systems, ideas, methods of

operation, documentation and other information contained in the Product, are proprietary

intellectual properties and/or the valuable trade secrets of the Licensor and/or its respective

affiliates, suppliers and licensors and are protected by civil and criminal law, and by the law

of copyright, trade secret, trademark and patent of the United States, other countries and

international treaties. You may use Licensors trademarks only insofar as to identify printed

output produced by the Product in accordance with accepted trademark practice, including

identification of trademark owners name. Such use of any trademark does not give you any rights

of ownership in that trademark. The Licensor and/or its respective affiliates, suppliers and

licensors own and retain all right, title, and interest in and to the Product, including without

limitations any error corrections, enhancements, Updates or other modifications to the Software,

whether made by Licensor or any third party, and all copyrights, patents, trade secret rights,

trademarks, and other intellectual property rights therein. Your possession, installation or use

of the Product does not transfer to you any title to the intellectual property in the Product,

and you will not acquire any rights to the Product except as expressly set forth in this

Agreement. All copies of the Product made hereunder must contain the same proprietary notices

that appear on and in the Product. Except as stated herein, this Agreement does not grant you

any intellectual property rights in the Product and you acknowledge that the license granted

under this Agreement provides you only with a right of limited use under the terms and

conditions of this Agreement.

1.2. Source Code. You acknowledge that the source code for the Product is proprietary to the

Licensor and constitutes trade secrets of the Licensor. You agree not to modify, adapt,

translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source

code of the Product in any way. Notwithstanding the foregoing, nothing in this Agreement shall

be construed as giving you any access, right or entitlement to the Products source code.

1.3. Serial Number and Confidential Information. You agree that, unless otherwise specifically

provided herein or agreed by the Licensor in writing, the Product, including the specific design

and structure of individual programs and the Product, including without limitation the Serial

Number provided to you by the Licensor and/or its authorized resellers or distributors,

constitute confidential proprietary information of the Licensor. For purposes hereof, "Serial

Number" shall mean a unique sequence of digit and/or symbols provided to you by the Licensor

confirming the purchase of the license from the Licensor, which may carry the information about

the license and the number of permitted users, and enabling the full functionality of the

Product in accordance with the license granted under this Agreement. You agree not to transfer,

copy, disclose, test, provide or otherwise make available such confidential information in any

form and via any means, electronic or non-electronic, to any third party without the prior

written consent of the Licensor. You agree to implement reasonable security measures to protect

such confidential information, but without limitation to the foregoing, shall use best efforts

to maintain the security of the Serial Number provided to you by the Licensor and/or its

authorized resellers or distributors.

1.4. No Modification. You agree not to modify or alter the Product in any way. You may not

remove or alter any copyright notices or other proprietary notices on any copies of the Product.

2. Grant of License.

2.1. License. The Licensor grants you the following rights ("License") and you hereby agree and

accept such License:

a). Trial Version. If you have received, downloaded and/or installed an unregistered trial

version of the Product (the "Trial Version") and are hereby granted an evaluation license for

the Software with such limited and/or abridged functionality as Licensor may, at its sole

discretion, deem necessary or appropriate, and you may Operate the Product only (i) to the

extent such functionalities made available by Licensor, (ii) for evaluation purposes, and (iii)

only during the single applicable evaluation period, if any, granted to you by the Licensor. Any

use of the Product for other purposes or beyond the applicable evaluation period is strictly

prohibited, provided however that, subject to the restrictions contained herein, you may copy

and distribute a trial version of the Software without any modifications whatsoever to any third

party subject to this Agreement. The Trial Version may be freely distributed in its original

format, with exceptions noted below, provided that the distribution package is unmodified. No

person or company may charge a fee for the distribution of the Trial Version without written

permission from the Licensor. The Trial Version may not be bundled or distributed with any other

package without the express written permission of the Licensor.

b). Grant of License. Unless otherwise specifically indicated under a valid license (e.g.

business license or multiple user license as provided below) granted by the Licensor, upon

purchase of the Product (online or otherwise as provided by Licensor), Licensee is granted a

non-exclusive and non-transferable license to install and Operate one (1) copy of the specified

version of the Product by one user account in the operating system ("User") during the term of

this Agreement or subscription term, if applicable, subject to the payment of the applicable

fees and Licensees compliance with the terms hereof, for internal purposes only, on one

computer, workstation, personal digital assistant, smart phone, mobile phones, hand-held

devices, or other electronic devices for which the Software was designed (each a "Client

Device"). The Licensor reserves all rights not expressly granted herein.

c). Multiple Licenses. If you have purchased multiple licenses for the Product, then the number

of all Users on all Client Devices shall not exceed the number indicated in the

invoicing/licensing terms. By way of illustration and not a limitation, if Licensee purchase a

license "up to 5 users (computers)", then the Product can be installed, activated and Operated

in one of the following examples: (i) on 5 computers (workstations), with one account per each

computer, (ii) on one computer (workstation) with five User accounts; or (iii) on one server

under 5 different User accounts, which use and Operate the Product through Local Area Network or

which use and Operate the Product through the server by remote access (such as Windows Terminal

or Remote Desktop Connection). Additionally, Licensor reserves the right to provide for specific

terms and conditions in the individual licenses and such terms may be embedded in Serial Number

specifying other terms, conditions and restrictions of Operating of the Product. If the Product

is licensed as a suite or bundle with more than one specified software product, this license

applies to all such specified software products, subject to any restrictions or usage terms

specified on the applicable price list or product packaging that apply to any of such software

products individually. The Licensor reserves all rights not expressly granted herein.

d). Personal Use License. If the Product is licensed under Personal License upon the terms

specified in the applicable Personal License invoicing or packaging for the Product, you may

make use of the Product solely for Personal Use. For purposes hereof, "Personal Use" shall mean

personal non-commercial use, and not on behalf or for the benefit of any clients and excludes

any commercial purposes whatsoever, which include without limitation: advertising marketing and

promotional materials/services on behalf of an actual client, employer, employee or for your own

benefit, any products that are commercially distributed, whether or not for a fee (including any

photo images, t-shirts, posters, templates, flyers, brochures, calendars, screensavers, "photo

mugs", mailings in hard copy or electronic format), any materials or services for sale or for

which fees or charges are paid or received.

e). Business License. If the Product is licensed under Business License with the Software

provided in Object Code only upon the terms specified in the applicable invoicing or packaging

for the Product, you may Operate of the Product for Business Use (the "Business License"). For

purposes hereof, "Business Use" shall mean any Operation of the Product for legal business,

commercial, or government purpose in accordance with Documentation.

f). Educational Purpose License and Educational Institution Site License. If the Product is

licensed under an Educational Purpose License upon the terms specified in the applicable

Educational Purpose License invoicing or packaging for the Product, you may make use of the

Product solely for Educational Purpose. "Educational Purpose" means any non-commercial study or

research that is undertaken solely in furtherance of ones education, whether or not completed

by a student in pursuit of an educational degree, certificate or diploma and as used by teachers

or facilitates teaching of a class, and all administrative staff, faculty and employees, of any

college, university, trade school or other school ("Educational Institution"). With the

acquisition of an Educational Institution Site License, Licensee may install and Operate the

Product by a number of Users determined by the applicable invoicing terms within one Educational

Institution in one geographic location. Within these limitations, you may install the Product as

a "Network" Product and run the Product from any networked Client Devices on Licensees LAN,

provided that such Client Devices are located exclusively within one office complex within one

geographic location. Educational License may be granted exclusively at the discretion of the

Licensor upon your submission of a written request discussing your and your employer/employees

activities, when applicable, and your reasons for and purposes of Operating the Product.

g). Governmental and Non-profit License. If the Product is licensed under a government license

(the "Government License") or a non-profit license (the "Non-profit License") upon the terms

specified in the applicable invoicing or packaging for the Product, you may make use of the

Product solely for governmental or non-profit purposes, accordingly. "Governmental Purpose"

means any non-commercial study or research that is undertaken solely in furtherance of ones

duties as a government employee. "Non-profit Purpose" means any non-commercial activity or

research that is undertaken solely in furtherance of ones duties as part of the non-profit

organization purposes narrowly interpreted. With the acquisition of a Governmental or Non-profit

License, Licensee may install and Operate the Product by a number of Users determined by the

applicable invoicing terms within one governmental institution or one non-profit organization,

accordingly, in one geographic location. Within these limitations, you may install the Product

as a "Network" Product. Government License and Non-profit License may be granted exclusively at

the discretion of the Licensor upon your submission of a written request discussing your and

your employer/employees activities, when applicable, and your reasons for and purposes of

Operating the Product.

h). Prohibitions. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile,

disassemble, otherwise reverse engineer, assign or transfer the licensed program, or any subset

of the licensed program, except as provided for in this Agreement. Any such unauthorized use

shall result in immediate and automatic termination of this Agreement and the License granted

hereunder and may result in criminal and/or civil prosecution. Neither Products binary code nor

source may be used or reverse engineered to re-create the program algorithm, which is

proprietary, without written permission of the Licensor. All rights not expressly granted here

are reserved by Licensor.

i). Serial Number. You may not give away, sell or otherwise transfer your registration Serial

Number or any copythereof to a third party. Serial Number may not be distributed, except as

provided herein, outside of the area of legal control of the person or persons who purchased the

original License, without written permission of the Licensor. Doing so constitutes an

infringement of Licensors copyright. Licensor retains the right of claims for compensation in

respect of damage which occurred by your giving away the Serial Number or registration code

contained therein. This claim shall also extend to all costs which Licensor incurs in defending

itself.

j). Acceptance of Licensing Terms. Installing and Operating the Product signifies acceptance of

these terms and conditions of the License. If you do not agree with the terms of the license you

must remove all Rocket! Data management software files from your storage devices, including any

back-up or archival copy, and cease to Operate the Product.

k). Term and Termination. The term of this Agreement ("Term") shall begin when you download or

install the Product or pay the applicable license fees (whichever is earlier) and shall continue

unless otherwise terminated pursuant hereto for the term specified in your order. The Licensor

may terminate this Agreement by offering you a superseding agreement for the Product or any

replacement or modified version of or an upgrade or a new release of the Product and

conditioning your continued use of the Product or such replacement, modified or upgraded version

or new release on your acceptance of such superseding agreement. This Agreement may be also

terminated by the Licensor immediately and without notice if you fail to comply with any of your

covenants, obligations or conditions of this Agreement. Without prejudice to any other rights,

this Agreement will terminate automatically if you fail to comply with any of the limitations or

other requirements described herein. Upon any termination or expiration of this Agreement, you

must immediately cease use of the Product and destroy all copies of the Product.

l). No Rights Upon Termination. Upon termination of this Agreement you will no longer be

authorized to Operate or use the Product in any way.

m). Material Terms and Conditions. You specifically agree that each of the terms and conditions

of this Section 2 are material and that failure of you to comply with these terms and conditions

shall constitute sufficient cause for Licensor to immediately terminate this Agreement and the

License granted under this Agreement. The presence of this Section 2.1(m) shall not be relevant

in determining the materiality of any other provision or breach of this Agreement by either

party hereto.

© 2009 Rocket! Data management. All rights reserved. The Product, including the Software and any

accompanying Documentation, are copyrighted and protected by copyright laws and international

copyright treaties, as well as other intellectual property laws and treaties.



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Users Rating:  
  4.5/5     2
Downloads: 230
Updated At: 2024-03-19
Publisher: rocket-data-management
Operating System: windows
License Type: Free Trial