This is a software license agreement (“this License Agreement”) between you, meaning your organisation, enterprise, or other association, or you personally if you intend to use the Ebase Xi Community Edition personally ("You", “Your”) and Ebase Technology Ltd. ("Ebase", "We", or "Us"). Your acceptance of this License Agreement is required before installing and using the Ebase Xi Community Edition.
No-Cost License and Limited User Concurrency
This License does not require that You pay anything to Ebase. Subject to Your full compliance with all of the terms and conditions of this Agreement, Ebase grants to You a non-exclusive, non-transferable, non-saleable and royalty-free worldwide license to install and use the Ebase Xi Community Edition. The Ebase Xi Community Edition contains all of the software components and features of the chargeable versions of the Ebase Xi product, but is limited in that it will only support a maximum of ten concurrent run-time users.
You agree that You shall not attempt to exceed the limitation of ten run-time users without first entering into an appropriate license agreement with Ebase and purchasing the license files issued by Ebase required in order to support higher run-time user concurrencies.
Sharing Ebase Community Edition
If You wish to share the Ebase Xi Community Edition with others, You may do so provided that all of the terms of this License Agreement are followed and accepted by others. You may also include the Ebase Xi Community Edition and applications developed using the Ebase Xi Community Edition within products that You offer to third parties for a fee. You may not distribute, transfer, assign, loan, lease, or otherwise make available the Ebase Xi Software to any third party except in accordance with the terms hereof.
Software Ownership and Software Protection
Your rights are defined in this License Agreement. Except as otherwise provided herein, Ebase retains all rights, title, and interest in and to the Ebase Xi Community Edition, including all intellectual property rights therein or relating thereto. You agree that You will not reverse engineer, translate, disassemble, decompile, modify, or otherwise derive the source code of Ebase Xi Community Edition, nor will You permit others to do so (except to the extent reverse engineering restrictions are expressly prohibited by applicable local law, and then only to the extent so prohibited or controlled).
You agree that You will not "hack" or otherwise attempt to modify the behaviour of the Ebase Xi Community Edition for any reason. You agree that You will not remove or alter any copyright notices or other proprietary notices in Ebase Xi Community Edition or any documentation relating thereto.
You agree not to publish performance benchmark results for Ebase Xi Community Edition without Ebase's prior written consent. You may seek such consent by contacting Ebase at email@example.com.
Verification of Proper Usage
We expect that the vast majority of users of the Ebase Xi Community Edition will comply with the terms of this License Agreement. However, in order to ensure that users are not wilfully violating any of the terms of this License Agreement, You agree to cooperate with Us and produce any records or other materials related to Your use of the Ebase Xi Community Edition upon Ebase’s reasonable request.
Support and Updates
You may install service packs to the Ebase Xi Community Edition or upgrade to any new version of the Ebase Xi Community Edition. Service packs and upgrades will be published from time to time on Ebase’s website www.ebasetech.com. If You have opted to receive communications from Ebase, We will make reasonable efforts to promptly notify You of the availability of such updates.
If You encounter difficulties in installing or using Ebase Xi Community Edition, We encourage You to visit Ebase’s user forum or the Ebase Xi Resource Centre. We may from time to time offer support plans for Ebase Xi Community Edition users.
Ebase warrants that, to the best of its knowledge, the Ebase Xi Community Edition does not contain any virus, Trojan horse, worm, or other malicious code. Other than the foregoing warranty, the Ebase Xi Community Edition software is provided "as is" and Ebase and its licensors expressly disclaim all other warranties, express, implied, or statutory, including, without limitation, any warranties of title, non-infringement, merchantability, fitness for a particular use, or arising from a course of dealing, course of performance, or usage of trade. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to You.
If You desire an indemnification agreement of any sort from Ebase, please explore the purchase of one of the chargeable editions of the Ebase Xi platform – see www.ebasetech.com. Ebase does not provide any indemnities for the Ebase Xi Community Edition.
Termination of this License Agreement
You may terminate this License Agreement, including Your rights and obligations contained herein, by uninstalling all instances of Ebase Xi Community Edition and destroying any copy or backup of the Ebase Xi Community Edition software, the downloaded installation package, and any accompanying documentation.
Ebase may terminate this License Agreement immediately if You breach the terms of this License Agreement, or in the event that a court of competent jurisdiction determines that Ebase Xi Community Edition infringes the proprietary rights of a third party. Upon the termination of this Agreement for any reason, You shall cease all use of the Ebase Xi Community Edition.
Limitation of Liability
In no circumstance will Ebase or its licensors have any liability to You or anyone claiming through You for any direct, indirect, incidental, special, or consequential damages, including any lost profits, lost data, equipment downtime, in any way arising out of this license agreement or the installation or use of the Ebase Xi Community Edition, however caused and under any theory of liability, even if Ebase has been advised of the possibility of such damages.
In no event shall Ebase's cumulative liability arising out of this agreement exceed five-hundred dollars ($500.00). These limitations shall apply notwithstanding any failure of essential purpose of any remedy. You and Ebase acknowledge and agree that this section is an essential element of the bargain and without this section the economic terms of this License Agreement would be substantially different. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to You.
U.S. Government Usage
If this License is acquired under a U.S. Government contract, use, duplication, and disclosure of Ebase Xi Community Edition and any accompanying documentation by the U.S. Government is subject to restrictions set forth in this License agreement, which incorporates all applicable FAR provisions; without limitation, You agree that the Ebase Xi Community Edition is delivered as "commercial computer software" as defined in DFARS 252.227-7014 (June 1995) or as a "commercial item" as defined in FAR 2.101(a), or as "restricted computer software" as defined in FAR 52.227-19 (Jun 1987) (or any equivalent agency regulation or contract clause), whichever is applicable. If Ebase Xi Community Edition is licensed for use in the performance of a U.S government prime contract or sub-contract, You agree that the Ebase Xi Community Edition has been developed entirely at private expense.
You agree that the Ebase Xi Community Edition is adequately marked when the restricted rights legend below is affixed to the software or to its storage media and is perceptible directly or with the aid of a machine or device. You agree to conspicuously put the following legend on the Ebase Xi Community Edition media with Your name and address added below the notice:
"RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure is subject to Ebase's and its licensors' standard commercial license terms and for non-DOD Departments and Agencies of the U.S. Government, the restrictions as set forth in FAR 52.227-19(c)(1-2)(Jun 1987).
Ebase Technology Ltd, 4 St. Georges Tower, Hatley St. George, Beds, SG193SH, UK Copyright (c) 2011 Ebase Technology Ltd. All Rights Reserved.”
If You export, re-export or import the Ebase Xi Community Edition, You assume responsibility for complying with applicable laws and regulations and for obtaining required export and import authorisations.
This License Agreement constitutes the complete agreement between You and Ebase with respect to the use of the Ebase Xi Community Edition software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. This License Agreement may be amended only by a writing executed by a senior officer of Ebase. The failure of Ebase to act with respect to a breach of this License Agreement by You or others does not constitute a waiver and shall not limit Ebase's rights with respect to such breach or any subsequent breaches.
Ebase expressly reserves the right to assign this License Agreement and to delegate any of its obligations hereunder. You may not assign, delegate or otherwise transfer (whether by operation of law or otherwise) this Agreement or any of Your rights or obligations hereunder without the prior written consent of Ebase. If any provision of this License agreement is unenforceable, such provision will be changed to accomplish its objectives to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
If You are located in the United States, this License Agreement will be governed in all respects in accordance with the laws of the State of New York without application of its conflicts of laws principles, and without regard to the provisions of any state Uniform Computer Information Transactions Act or similar federal or state laws or regulations. For all other locations, this License Agreement will be governed in all respects in accordance with English law.
Your and Ebase’s respective rights and obligations under this License Agreement shall not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods, as amended.
You agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this License Agreement.
IF I AM DOWNLOADING THE SOFTWARE, THEN BY CLICKING BELOW, I AM INDICATING THAT I HAVE READ, UNDERSTOOD AND AM AGREEING TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.