On-Premises End-User Licence Agreement

Xima LLC

IMPORTANT-READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Xima LLC or the Xima LLC software product identified above, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (“Product”). An amendment or addendum to this EULA may accompany the Product. YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, DO NOT INSTALL OR USE THE PRODUCT. In addition, by installing, copying, or otherwise using subscription updates that you receive as part of the Product (”UPDATES”), you agree to be bound by the additional license terms that accompany such UPDATES. If you do not agree to the additional license terms that accompany such UPDATES, you may not install, copy, or use such UPDATES.

The Product is licensed through Xima LLC.

  1. Applicability Of License. Depending on the product configuration you have chosen, the Product may consist of product documentation, sample databases, books and periodicals, tools and utilities, database schemas, miscellaneous technical information, toolkits, server applications, and development tools (each, a “COMPONENT,” and collectively “COMPONENTS,” of the Product.) This EULA defines your rights to the COMPONENTS you have elected to receive as part of your purchase of the Product.
  2. General Grant of License. In general, for each license you have acquired for the Product, you are authorized to install the Product on one hard drive according to the terms of this EULA. You have purchased the right to enable a single instance of this Product to log to a single database. You may NOT enable more than one instance of this Product to log at any given time. Doing so is a violation of this agreement. Xima LLC Software may collect identifying data via the Internet during the registration process to enable proper enforcement of this agreement. Xima LLC Software will communicate with Xima LLC via the Internet each day to verify continuing validity of Product registration. If Product is unable to communicate or verify licensing with Xima LLC, the Product will not function as intended. You agree that Xima LLC would not be able to provide the Software on an economic basis without such requirements.
  3.  Additional Rights And Limitations-General.
    1. ​​Limitation On Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
    2. Termination. Without prejudice to any other rights, Xima LLC may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
    3. Consent To Use Of Data. You agree that Xima LLC and its affiliates may collect and use technical information you provide as a part of support services related to the Product.
    4. Not For Resale Software. Product identified as “Not for Resale” or “NFR” may not be resold, transferred, or used for any purpose other than demonstration, test, or evaluation.
    5. Export Restrictions. You acknowledge that the Product is of U.S. origin. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
    6. Ownership. This license gives you limited rights to use the Product. You do not become the owner of, and Xima LLC retains title to, the Product and all copies thereof. All rights not specifically granted in this EULA, including State, Federal and International Copyrights, are reserved by Licensor.
    7. Software Transfer. You may not rent, lease, sell, sublicense, un-bundle and/or repackage for distribution or resale, transfer, or authorize all or any portion of the software to be copied onto another user’s computer except as may be expressly permitted herein.
    8. Update License Terms. All UPDATES shall be considered part of the Product and subject to the terms and conditions of this EULA. Additional license terms may accompany UPDATES (as defined in the first paragraph of this EULA). By installing, copying, or otherwise using any UPDATE, you agree to be bound by the terms accompanying each such UPDATE. If you do not agree to the additional license terms accompanying such UPDATES, do not install, copy, or otherwise use such UPDATES.
    9. Limited Warranty. Xima LLC shall not be liable for any indirect, special, incidental or consequential damages or loss (Including damages for loss of business, loss of data, loss of profits, or the like), whether based on breach of contract, tort (including negligence), product liability or otherwise, even if Xima LLC has been advised of the possibility of such damages. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so this limitation or exclusion may not apply to you. The limited warranty, exclusive remedies and limited liability set forth above are fundamental elements of the basis of the bargain between Xima LLC and you. You agree that Xima LLC would not be able to provide the Software on an economic basis without such limitations.
    10. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and Xima LLC relating to the Product and the Support Services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any Xima LLC policies or programs for Support Services conflict with the terms of this EULA, the terms of this EULA shall control.
      1. The Product is protected by copyright and other intellectual property laws and
        treaties. Xima LLC or its suppliers own the title, copyright, and other intellectual
        property rights in the Product. The Product is licensed, not sold.
      2. This Agreement shall be governed by the internal laws of the State of Utah. All questions concerning this Agreement shall be directed to:

        ​Xima LLC
        Attention: General Counsel
        10757 S. River Front Parkway, Suite 140
        South Jordan, UT 84095