PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY. BY CLICKING "I AGREE" OR TAKING ANY STEP TO DOWNLOAD, SET-UP, INSTALL OR USE ALL OR ANY PORTION OF THIS SOFTWARE/PRODUCT YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS EULA.
A. Agreement: means this End-User License Agreement between You and the Company regarding the use of the Software/Product.
B. Application: means the website or digital distribution service like Apple App Store, Google Play Store, etc. by which the Application has been downloaded to your Device.
C. Device: means any device that can access the Software such as a computer, a cellphone or a digital tablet.
D. You: means the individual accessing or using the Software; or the company, or other legal entity on behalf of which such individual is accessing or using the Software, as applicable.
EXADIME LLC, 30 Knightsbridge Road | Suite 525 | Piscataway, NJ 08854, owns all right, title, and interest in and to "Exadime Oracle Database Maintenance and Monitoring Scripts" (the "Product" "Software"), including all intellectual property rights therein. The Software is licensed, but not sold. The structure, organization, and code of the Software are the valuable trade secrets and confidential information owned by EXADIME LLC. The Software is protected by copyright and other intellectual property laws and treaties, including, without limitation, the copyright laws of the United States and other countries. The Software that is subject to this license is referred to in this license as "EODMMS".
The products and/or feature and/or addition thereof and any Software enabling the use thereof, are provided by EXADIME LLC to you ("you" or "User") subject to this Agreement and all modifications thereto including all rules that may be published from time to time by EXADIME LLC (the "Agreement").
You agree to provide true, accurate, current and complete information about yourself. If any information provided by you is untrue, inaccurate, not current or incomplete, EXADIME LLC may terminate your use of the Software.
You may not use this Product/website if (a) you are not of legal age to form a binding contract with us, or (b) you are a person barred from receiving or using the Software/Product under the laws of the United States or other countries, including the country in which you reside or from which you use this website.
i) This license granted to you by EXADIME LLC for use of "EODMMS" is subscription based; and is a personal, non-exclusive, non-transferable, limited license to install and use the Software on a device in your premises, internally.
ii) EXADIME LLC will provide necessary support during the term of this license. EXADIME LLC support responds to the request based on the request priority and the urgency mentioned in the request. If you report any Software bugs, interim patches will be provided.
iii) EXADIME LLC will also provide Software of any new releases, patches and bug fixes during the term of this Agreement.
iv) If you sell, distribute or lease the Software, or otherwise cease using such licensed device, you will no longer be eligible to use the Software and shall ensure that all copies of the Software have been deleted from such device.
v) EXADIME LLC may audit the use of the Software once in a 12 months period.
The term of this license starts from the date you make the necessary payment and agree to the terms and conditions of this EULA, and automatically ends on the date your subscription term ends, unless the subscription is renewed in advance.
You agree to use the Software in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You may not distribute or make "EODMMS" available over a network where it could be used by multiple devices at the same time. You are responsible and liable for any activity by any person who uses the Software on your behalf. You are responsible for maintaining the confidentiality of your password and for any liability resulting from disclosure of your password. You agree to immediately notify EXADIME LLC of any unauthorized use of the Software or any other breach of security known or suspected by you. You agree not to use the Software in any manner to harass, abuse, track, threaten, defame or otherwise infringe or violate the rights of any other party, and that EXADIME LLC is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any our Software Services. You may not rent, lease, lend, sell, redistribute or sublicense "EODMMS". You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the "EODMMS", any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the "EODMMS"). Any attempt to do so is a violation of the rights of EXADIME LLC. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by EXADIME LLC that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
The license is effective until terminated by you or EXADIME LLC. EXADIME LLC reserves the right, but shall have no obligation, to investigate your use of the Software in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request. Your rights under this license will terminate automatically without notice from EXADIME LLC if you fail to comply with any term(s) of this license; if required to do so by law; if the service to specific locations are withdrawn; if it is considered financially not viable; and if it is found that the use of the Software infringes rights of third parties. Upon termination of the license, you shall cease all use of "EODMMS", and destroy all copies, full or partial, of "EODMMS". Within thirty (30) days after termination of this Agreement, You (Licensee) must certify in writing to EXADIME LLC that all copies of the Software have been removed or deleted from the systems in which the software was installed.
You agree that EXADIME LLC may collect and use technical data and related information, including but not limited to technical information about Your device, system and application Software, and peripherals, that is gathered periodically to facilitate the provision of Software updates, product support and other services to you (if any) related to “EODMMS”. EXADIME LLC may use this information to improve its products or to provide services or technologies to you, as long as it is in a form that does not personally identify you. To find out how EXADIME LLC collects and uses your personal information, please visit our Privacy Policy at: www.exadime.com/privacy.
EXADIME LLC uses the services of a third party to help it measure the effectiveness of how visitors use the Software. To do this, EXADIME LLC uses Web beacons and cookies. The type of information EXADIME LLC collects includes the pages visited, the Software downloaded, etc.
The intellectual properties of the "EODMMS" are owned by EXADIME LLC. The structure, organization and code of the Software are the valuable trade secrets and confidential information of EXADIME LLC. EODMMS is protected by copyright, including without limitation by US Copyright Law, international treaty provisions and applicable laws in the country in which it is being used. You agree not to download/ transfer or resell the Software, in whole or in part, to any third party, or allow unauthorized access to the Software, by any third party, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of "EODMMS". EXADIME LLC has the right to impose reasonable conditions providing such information. Any information supplied by EXADIME LLC or obtained by you, as permitted hereunder, may only be used by you for the purpose described herein and may not be disclosed to any third party or used to create any Software/Application which is substantially similar to the expression of “EODMMS”. Requests for information should be directed to the EXADIME LLC Customer Support Department.
"EODMMS" IS OFFERED ON AN “AS IS” BASIS AND NO WARRANTY, EITHER EXPRESS OR IMPLIED, IS GIVEN. EXADIME LLC EXPRESSLY DISCLAIM AND EXCLUDE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS UNDERTAKINGS OR REPRESENTATIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. EXADIME LLC IS NOT LIABLE FOR ANY DAMAGE THAT OCCURS IN PRODUCTION DUE TO THE SOFTWARE. YOU ARE ADVISED TO TEST THE SOFTWARE IN LOWER ENVIRONMENT BEFORE USING THEM IN LIVE PRODUCTION SYSTEM. THIS DISCLAIMER OF LIABILITY ALSO APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE SOFTWARE OR SITE, INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EXADIME LLC DOES NOT WARRANT OR GUARANTEE THAT (1) ALL SOFTWARE VERSIONS SHALL BE PROVIDED WITH SIMILAR GRADES AND LEVELS OF SERVICE, FEATURES, FUNCTIONALITY AND THE ABILITY TO USE THE SOFTWARE OR THE SERVICE, AND THAT (2) THE FUNCTIONS OR SERVICES PERFORMED AND/OR PROVIDED BY EXADIME LLC, ITS SUPPLIERS AND ITS AFFILIATES, IF APPLICABLE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SOFTWARE, AND THE SITE, WILL BE CORRECTED. IT IS YOUR SOLE RESPONSIBILITY TO ISOLATE THE SOFTWARE AND INFORMATION, EXECUTE ANTI-CONTAMINATION SOFTWARE AND OTHERWISE TAKE STEPS TO ENSURE THAT SOFTWARE OR OTHER INFORMATION OBTAINED FROM THE SOFTWARE OR OTHER USERS, IF CONTAMINATED OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM. FURTHERMORE, YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OR FROM THE SOFTWARE, IF APPLICABLE, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA TO YOUR COMPUTER SYSTEM.
IN NO EVENT SHALL EXADIME LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, PARTNERS, SUCCESSORS OR ASSIGNS, BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE EODMMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF EXADIME LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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. EXADIME LLC’s LIABILITY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, PARTNERS AND AFFILIATES) SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
By agreeing to use the Software and/or Site, you agree to defend, indemnify and hold EXADIME LLC, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Software or Site or the creation, the placement or transmission of any message, information, Software or other materials through the Software by you or users authorized by You or related to any violation of this Agreement by You or any user authorized by you.
(i) If any part of this Agreement is found void and unenforceable, it will not affect the validity of the remaining parts of the Agreement, which shall remain valid and enforceable according to the terms.
(ii) Updates may be licensed to you by EXADIME LLC with additional or different terms.
(iii) This is the entire agreement between EXADIME LLC and you relating to the "EODMMS" and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the "EODMMS".
(iv) You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under this Agreement. The EXADIME LLC may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement without notifying you or receiving your consent with the intention of continuing its services.
(v) EXADIME LLC's failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of EXADIME LLC's right to subsequently enforce such provisions or any other provisions of this Agreement.
(vi) No waiver of any provision of this Agreement shall be effective unless in writing.
(vii) The remedies under this EULA are cumulative and no remedy is exclusive of any other remedy except as expressly stated.
(viii) Any provisions that are intended to survive termination will survive termination of this EULA and will continue in full force and effect.
(ix) Any notice required to be given under this EULA will be given in writing and will be in English and may be delivered by Certified Mail Return Receipt Requested or Overnight Courier or by hand, and such notice will be deemed given when it is delivered at the address specified in advance by the recipient party or the address provided by you when entering into this EULA.
(x) If EXADIME LLC is prevented from or delayed in performing any of its obligations under this EULA by an event which is beyond EXADIME LLC's reasonable control and which event will include but not be limited to strike, lock-out, or labour disputes, act of God, fire, flood, storm, war, military action, riot, civil commotion, terrorism, explosion or malicious damage ("Force Majeure Event"), then EXADIME LLC will be excused from performance of, and shall not be liable for any delay or failure to perform under this EULA for so long as the Force Majeure Event continues.
EXADIME LLC may affect certain modifications to this Agreement from time to time and at any time, as well as discontinue any of the features included within the Software, with or without a release of a new version of the Software, and without actual notice to you. You agree that your continuing use of the Software after such change was published, shall constitute your consent to the new or revised Agreement. Please see the latest version of EULA on https://beta.exadime.net/eula
You agree that "EODMMS" will not be transferred or exported into any country or used in any manner prohibited by the US Export Administration Act or any other Export Laws, restrictions or regulations (collectively "Export Laws"). In addition, if "EODMMS" is identified as Export Controlled items under the Export Laws, you represent and warrant that you are not a citizen, or otherwise located within, embargoed countries and you are not otherwise prohibited under the Export Laws from receiving/using "EODMMS". All rights to use "EODMMS" are granted on condition that such rights are forfeited if you fail to comply with the terms of this Agreement.
This Agreement and your use of “EODMMS” is governed by the laws of the State of New Jersey, United States of America, excluding its conflict of law rules and may also be subject to other local, state, national, or international laws.
Any dispute arising out of this Agreement shall be resolved first by discussion between the parties. If the dispute is not resolved within thirty days, the same may be resolved through arbitration in accordance with the then existing rules of the American Arbitration Association. The seat of arbitration shall be New Jersey. Arbitration shall be conducted in English language. Award issued by the arbitrator(s) shall be enforced through the jurisdictional courts concerned.
If you have any questions about this Agreement, you can contact us:
i) By sending us an email to: admin@exadime.com, or
ii) By visiting our website: https://www.exadime.com