KAFKA TOOL PRODUCT LICENSE AGREEMENT
BY DOWNLOADING OR USING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD, INSTALL OR USE THIS LICENSED PRODUCT.
This Kafka Tool Product License Agreement (the "Agreement") is a legal agreement between you and DB Solo LLC. In this Agreement, the term "Licensed Kafka Tool Product" means the Software, including associated media and printed materials, and "online" or electronic documentation. The term "You" or "you" means the company, entity, or individual who is using the Kafka Tool Product.
TERMS AND CONDITIONS
0. EXPORT. You agree that U.S. export control laws and other applicable export and import laws govern your use of the programs, including technical data. You agree that neither the programs nor any direct product thereof will be exported, directly, or indirectly, in violation of these laws, or will be used for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
1. LICENSE TO USE. Subject to the terms of this Agreement, DB Solo LLC grants to You a non-exclusive license ("Product License") to use the Licensed DB Solo Product, in machine readable form, at a single site.
You may install the Kafka Tool Product on more than one computer provided that the Kafka Tool Product is only used by You, not by anyone else.
You understand that the Licensed Kafka Tool Product is a proprietary product of DB Solo LLC, contains trade secrets, and is protected by copyright law. This Agreement does not provide You with title or ownership of any Licensed Kafka Tool Product, but only a right of use. Subject to the Product License granted hereunder, DB Solo LLC retains sole and exclusive ownership of all right, title, and interest in and to the Licensed Kafka Tool Product and all copies thereof.
2. CONFIDENTIALITY AND NONDISCLOSURE. All Kafka Tool proprietary information, including the Licensed Kafka Tool Product and any related source code, object code, content, documentation, training, and technical information provided to You shall be considered "Confidential Information" under this Agreement.
You shall not disclose any Kafka Tool Confidential Information to any person or entity, and shall take at least such measures to protect such Confidential Information as You take to protect Your own proprietary and confidential information. This restriction shall not apply to any Confidential Information which is required to be disclosed by government or judicial order.
All Confidential Information provided to You under this Agreement shall be destroyed promptly upon termination of this Agreement, and upon request, You shall certify in writing to DB Solo LLC that You have done so. The terms of this Section 2, Confidentiality and Nondisclosure, shall survive expiration or termination of this Agreement.
You shall ensure that the Licensed DB Solo Product is not modified, translated, reverse engineered, decompiled, or disassembled in any manner, for any reason.
3. DISCLAIMER OF WARRANTY. DB Solo LLC makes no warranties whatsoever as to the operational performance of the Licensed Kafka Tool Product whose use is licensed under this Product License. THE LICENSED KAFKA TOOL PRODUCT IS PROVIDED "AS IS". DB SOLO LLC DOES NOT WARRANT THAT THE LICENSED KAFKA TOOL PRODUCT OR ITS SERVICES AND SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE OR OPERATE IN A FAULT-TOLERANT MANNER. DB SOLO LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT THESE DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. The entire risk as to the quality and performance of the Licensed Kafka Tool Product, including any server hosting the software provided by DB Solo LLC, is borne by You. Should the Licensed Kafka Tool Product or system prove defective, You, and not DB Solo LLC, assume the entire cost of any service and repair. This disclaimer of warranty constitutes an essential part of this Agreement. THE TERMS OF THIS SECTION 3, DISCLAIMER OF WARRANTY, SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
4. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DB SOLO LLC BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF DB SOLO LLC SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, DB SOLO LLC IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), DB SOLO LLC'S LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE. THE TERMS OF THIS SECTION 4, LIMITATION OF LIABILITY, SHALL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT.
5. GENERAL. (a) Upon termination of this Agreement, You shall promptly unistall and remove any Kafka Tool software, documentation, Licensed Kafka Tool Product and other Kafka Tool Confidential Information. (b) This Agreement is binding upon and will inure to the benefit of a party and its successors and assigns. (d) This Agreement shall be considered an agreement made in New Hampshire and shall be governed by and construed in accordance with the laws of the State of New Hampshire.
NOTICE OF RESTRICTED RIGHTS "Programs delivered subject to the DOD FAR Supplement are 'commercial computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the licensing restrictions set forth in the license agreement. Otherwise, programs delivered subject to the Federal Acquisition Regulations are 'restricted computer software' and use, duplication, and disclosure of the programs, including documentation, shall be subject to the restrictions in FAR 52.227-19, Commercial Computer Software-Restricted Rights (June 1987). "
Last update: 01/31/2015