This License Agreement covers all existing versions of DTM Data Modeler (Software) and technical support service (Service). This License Agreement is a legal agreement between the end-user (Licensee) and DTM soft (Licensor).

CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO USING THIS PRODUCT. USE OF ANY PORTION OF THIS PACKAGE INDICATES YOUR AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH SUCH TERMS AND CONDITIONS, DO NOT INSTALL THE SOFTWARE.

General Information

1. Licensor is exclusive owner of all DTM Data Modeler copyrights. DTM Data Modeler is protected by copyright laws and international copyright treaties.
2. Demo version. Anyone may install and use demo version of DTM Data Modeler for evaluation and testing purposes free of charge.
3. The product is licensed, not sold. I.e. Licensor grants to Licensee non-exclusive, perpetual, royalty-free right and license to install, configure, execute and otherwise productively use a copy of the Software for the commercial or non-commercial purposes, including internal business purposes. Licensee may install and use each licensed copy of the Software on a single computer. The primary user of the computer on which DTM Data Modeler is installed may make a second copy for his or her exclusive use on a portable computer.
4. Licensee may not reverse engineer, modify, translate, decompile, or disassemble DTM Data Modeler. The Software is licensed as a single product. Its component parts may not be separated for use on more than one computer.
5. Licensee may not rent, lease, or lend the Software. Also, Licensee may not resell, or otherwise transfer for value, the Software.
6. Without prejudice to any other rights, Licensor may terminate this License Agreement if Licensee fail to comply with the terms and conditions of this Agreement. In such event, Licensee must destroy all copies of the Software with all of its component parts.
7. Licensee may permanently transfer all of rights under this license, provided Licensee retain no copies, Licensee transfer all of DTM Data Modeler (including all component parts), and the recipient agrees to the terms of this license.
8. DTM Data Modeler IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. LICENSEE USE DTM Data Modeler AT YOUR OWN RISK. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.

Delivery

Licensor delivers the Software electronically over Internet. The delivery includes installation/activation key, software, documentation^* and additional materials with installation program^*. Licensor confirms that the delivery contains no illicit code or third party code.

^*- the multiplatform edition of the software (if applicable) has online documentation only and requires no installation program.

Licensee Data

Licensor understands and acknowledges that Licensee may manage, modify, summarize, maintain, create derivative works of, and update pre-existing data and information, and generate, manage, modify, summarize, maintain, create derivative works of, and update additional data and information using the Software. Licensor acknowledges and agrees that all rights in any work product created by Licensee shall be solely owned by Licensee. Licensor has no access to mentioned work product without grant by Licensee. Moreover, Licensor shall not seek access to Licensee personal data.

Functionality

Licensor may remove or change any supplemental or non critical functionality of the Software without any notifications. Licensor may change product documentation and project file format. If Licensor deletes any key feature or functionality from the Software equal solution should be provided to Licensee without additional fee.

Third Party Software and Intellectual Property

Licensor hereby confirms that the Software contains no third party components including Open Source code.

Support and Upgrades

During one year after ordering any license of the Software except "Site" and "World" licenses, Licensee are entitled to free technical services and support for DTM Data Modeler which is provided by Licensor. During this period, e-mail support is unlimited and includes technical and support questions. Also, during one year, Licensee may access to free updates to DTM Data Modeler when and as DTM soft publishes them on www.sqledit.com. After end of the described period Licensee may continue to use the software product in accordance with the terms of this Agreement except free support and upgrades. After end of the free support and updates period (one year), Licensee may purchase annual Upgrade and Support subscription. If Licensee has a few licenses, Licensee will access to free upgrade and support period and will use subscriptions independently.

There are two support service levels: Standard and Premium. By default, the Software includes Standard level of the Service. The Premium should be ordered separately. The Premium service offers reduced response time and high priority for support requests. The technical support response time for Standard level is between 2 and 12 hours except Jun, July and August with 2 to 24 hours range. It is available 5 days per week (Monday to Friday). For the Premium level it is 2 to 6 hours 7 days per week.

Export Compliance

Licensor hereby confirms that the Software requires no export controls at a level other than EAR99/AT.

Price Protection

Licensee who purchases volume license of the Software allowed to order additional copies with the same price during following period after initial deal: 3 months for 3 to 5 copies, 6 months for 6 to 10 copies and 9 months for 11 or more copies.

Trademarks information

DTM Data Modeler is trademark of DTM soft.

Licensee hereby grants DTM soft a right to use company name or trade names solely in connection with the rights granted to DTM soft pursuant to marketing materials and web site. If this clause breaches company policy DTM soft is happy to remove it upon request.