“DBcloudbin App” Software license terms & conditions Last modified: 05/30/2018 Generally. Tecknolab VAS S.L.U. ("Tecknolab") is willing to grant the following license to install or use the software and/or firmware (“Licensed Software”) pursuant to this License Agreement (“Agreement”), associated with the Tecknolab service “DBcloudbin” (“Service”), to the original purchaser of the Product upon or with which the Licensed Software was installed or associated as of the time of purchase ("Customer") only if Customer accepts all of the terms and conditions of this Agreement. PLEASE READ THESE TERMS CAREFULLY. USING THE SOFTWARE WILL CONSTITUTE CUSTOMER'S ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE LICENSED SOFTWARE. License Grant. Tecknolab grants Customer a non-exclusive, non-transferable, non-assignable, non-sublicensable, non-sublicensable license to install and use this Licensed Software in accordance with the terms and conditions of this Agreement. Acquiring a license for “DBcloudbin App” Tecknolab gives you the permission to install and use the application on a single computer, unless otherwise stated. Additional licenses must be acquired if you wish to use an application on more than one computer. Tecknolab may at its sole discretion offer free and/or paid updates to this application, but Tecknolab is not required to do so. To the extent that this Licensed Software is an integral part of the DBcloudbin online services and allows access to the use thereof from a desktop application, the terms and conditions of DBcloudbin shall also apply, as applicable. The terms and conditions of the DBcloudbin Services can be consulted at the following link (https://www.dbcloudbin.com/terms-and-conditions). By accepting this agreement, the Customer also accepts the terms and conditions of the DBcloudbin online services. Intellectual Property Right. As between Tecknolab and Customer, the copyright and all other intellectual property rights in the Licensed Software are the property of Tecknolab or its supplier(s) or licensor(s). Any rights not expressly granted in this License are reserved to Tecknolab. License Limitations. Customer may not, and may not authorize or permit any third party to: (a) use the Licensed Software for any purpose other than in connection with the Service or in a manner inconsistent with the design or documentations of the Licensed Software; (b) license, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Licensed Software or use the Licensed Software in any commercial hosted or service bureau environment; (c) reverse engineer, decompile, disassemble or attempt to discover the source code for or any trade secrets related to the Licensed Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation; (d) adapt, modify, alter, translate or create any derivative works of the Licensed Software; (e) remove, alter or obscure any copyright notice or other proprietary rights notice on the Licensed Software or Product; or (f) circumvent or attempt to circumvent any methods employed by Tecknolab to control access to the components, features or functions of the Product or Licensed Software. Copying. Customer may not copy the Licensed Software except that one copy of any separate software component of the Licensed Software may be made to the extent that such copying is necessary for Customer's own backup purposes. Open Source. The Licensed Software may contain open source components licensed to Tecknolab pursuant to the license terms specified as below, • GNU General Public License (GPL); • GNU Lesser General Public License (LGPL); • Apache License; Customer may visit http://www.dbcloudbin.com/legal/3rd-party-sw to learn specifics of the open source components contained in the Licensed Software and the respective license terms thereof (“Open Source License”). In the event that this Agreement conflicts with the requirements of the above one or more Open Source License with respect to the use of the corresponding open source components, Customer agrees to be bound by such one or more Open Source License. Disclaimer. TECKNOLAB MAKES NO WARRANTY AND REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE LICENSED SOFTWARE FOR ANY PURPOSE. ALL SUCH INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Tecknolab HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, LICENSED SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL TECKNOLAB BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTION WITH THE USE, PERFORMANCE OR ACCURACY OF THE LICENSED SOFTWARE OR WITH THE DELAY OR INABILITY TO USE THE LICENSED SOFTWARE, OR THE PRODUCT WITH WHICH THE LICENSED SOFTWARE IS ASSOCIATED, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TECKNOLAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Limitation of Liability. IN ANY EVENT, Tecknolab's LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE PROVISIONS OF SECTION 13 OF THE DBcloudbin Service Terms and Conditions. https://www.dbcloudbin.com/terms-and-conditions Limitation of Liability. IN ANY EVENT, Tecknolab's LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE PROVISIONS OF SECTION 13 OF THE DBcloudbin Service Terms and Conditions. Pricing. The download and installation of this software is free of charge. However, access to DBcloudbin services from this application may be subject to charges. DBcloudbin services pricing can be consulted here: https://www.dbcloudbin.com/pricing/ Tecknolab reserves the right, at any time, to establish fees for downloading and installing this software. Termination. Tecknolab may, in addition to any other remedies available to Tecknolab, terminate this Agreement immediately if Customer breaches any of its obligations under this Agreement. Miscellaneous. (a) This Agreement constitutes the entire agreement between Tecknolab and Customer concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Tecknolab. (b) Except to the extent applicable law, if any, provides otherwise, this Agreement will be governed by the law of the Kingdom of Spain, excluding its conflict of law provisions. (c) If any part of this Agreement is held invalid or unenforceable, and the remaining portions will remain in full force and effect. (d) A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. (e) Tecknolab may assign its rights under this Agreement without condition. (f) This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. The terms and conditions of the DBcloudbin services shall apply to the DBcloudbin services accessed through this software: The terms and conditions of the DBcloudbin services shall apply to everything not provided for in this license agreement: https://www.dbcloudbin.com/terms-and-conditions