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.