NoSQL Workbench License Agreement

THIS LICENSE AGREEMENT (“LICENSE”) GOVERNS YOUR USE OF THE NOSQL WORKBENCH SOFTWARE (TOGETHER WITH ANY UPDATES AND ENHANCEMENTS TO IT, AND ACCOMPANYING DOCUMENTATION, THE “SOFTWARE”). IF YOU INSTALL OR USE THE SOFTWARE, YOU WILL BE BOUND BY THIS LICENSE. UNLESS OTHERWISE DEFINED IN THIS LICENSE, CAPTIALIZED TERMS WILL HAVE THE SAME MEANING AS SET FORTH IN THE AWS CUSTOMER AGREEMENT POSTED AT AWS.AMAZON.COM/AGREEMENT (THE “AWS AGREEMENT”).

If the geographic location associated with your AWS account is any country within Europe, the Middle East, or Africa (“EMEA”), then Amazon Web Services EMEA SARL (“AWS Europe”) grants this License. If the geographic location associated with your AWS account is any country outside of EMEA, then Amazon Web Services, Inc. (“AWS, Inc.”) grants this License. “AWS Europe” and “AWS, Inc.” are individually referred to herein as an “AWS Licensor”.

AWS Licensor or its licensors own all right, title, and interest in and to the Software and all related technology and intellectual property rights. Subject to the terms of this License and the AWS Agreement, AWS Licensor hereby grants you a personal, limited, nonexclusive, non-transferable, non-sublicenseable license to (a) install the Software on computer equipment owned or controlled by you and (b) use the Software solely (i) for your internal business purposes and (ii) in connection with the Services. You may not use the Software if you do not have an AWS account in good standing. Some components of the Software may also be governed by applicable open-source software licenses located in the software component's source code. Your license rights with respect to these individual components are defined by the applicable open-source software license, and nothing in this License will restrict, limit, or otherwise affect any rights or obligations you may have, or conditions to which you may be subject, under such open-source software licenses.

You may not, and you will not encourage, assist, or authorize any other person to, (a) incorporate any portion of it into your own programs or compile any portion of it in combination with your own programs; or (b) sell, rent, lease, lend, loan, distribute, act as a service bureau, publicly communicate, transform, or sub-license the Software or otherwise assign any rights to the Software in whole or in part; (c) modify, alter, tamper with, repair, or otherwise create derivative works of the Software, or (d) reverse engineer, disassemble, or decompile the Software or apply any other process or procedure to derive the source code of any software included in the Software. All rights granted to you are conditioned on your continued compliance this License, and will immediately and automatically terminate if you do not comply with any term or condition of this License or the AWS Agreement, including any failure to remit timely payment for the Software or the Service.

You may not use the Software for any illegal purpose. The Software is the intellectual property of AWS Licensor or its licensors. The structure, organization, and code of the Software are valuable trade secrets and confidential information of AWS Licensor. The Software is protected by law, including without limitation copyright laws and international treaty provisions. Except for the rights explicitly granted to you in this License, all right, title and interest in the Software are reserved and retained by AWS Licensor and its licensors. You do not acquire any intellectual property or other rights in the Software as a result of downloading the Software.

In order to keep the Software up to date, AWS Licensor may offer automatic or manual updates at any time. If AWS Licensor elects to provide maintenance or support of any kind, AWS Licensor may terminate that maintenance or support at any time without notice to you.

You may terminate this License at any time by uninstalling or destroying all copies of the Software that are in your possession or control. Your rights under this License will automatically terminate without notice if you fail to comply with any of its terms or fail to make timely payment. In the case of termination, you must cease all use and destroy all copies of the Software. AWS Licensor may modify, suspend, discontinue, or terminate your right to use part or all of the Software at any time without notice to you, and in that event AWS Licensor may modify the Software to make it inoperable. AWS Licensor will not be liable to you should it exercise those rights. AWS Licensor’s failure to insist upon or enforce your strict compliance with this License will not constitute a waiver of any of its rights.

a. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT INSTALLATION AND USE OF, AND ANY OTHER ACCESS TO, THE APPLICATION IS AT YOUR SOLE RISK. THE APPLICATION IS DELIVERED TO YOU “AS IS” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND AWS LICENSOR, ITS LICENSORS AND DISTRIBUTORS, AND EACH OF THEIR RESPECTIVE AFFILIATES AND SUPPLIERS (COLLECTIVELY, THE “RELEASED PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A RELEASED PARTY OR AN AUTHORIZED REPRESENTATIVE OF A RELEASED PARTY WILL CREATE A WARRANTY. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

b. TO THE EXTENT NOT PROHIBITED BY LAW, NO RELEASED PARTY WILL BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY RELATED TO THE APPLICATION, INCLUDING WITHOUT LIMITATION ANY DAMAGES ARISING OUT OF LOSS OF PROFITS, REVENUE, DATA, OR USE OF THE APPLICATION, EVEN IF A RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ANY RELEASED PARTY’S AGGREGATE LIABILITY UNDER THIS LICENSE WILL BE LIMITED TO $50.00. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

You are liable for and will defend, indemnify, and hold harmless the Released Parties and their officers, directors, agents, and employees, from and against any liability, loss, damage, cost, or expense (including reasonable attorneys’ fees) arising out of your use of the Software, violation of this License, violation of applicable law, or violation of any right of any person or entity, including without limitation intellectual property rights.

You will comply with all export and re-export restrictions and regulations of the United States Department of Commerce and other United States and foreign agencies and authorities that may apply to the Software, and not to transfer, or encourage, assist, or authorize the transfer of the Software to a prohibited country or otherwise in violation of any applicable restrictions or regulations.

The Software is provided to the U.S. Government as “commercial items,” “commercial computer software,” “commercial computer software documentation,” and “technical data” with the same rights and restrictions generally applicable to the Software. If you are using the Software on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, you will immediately discontinue your use of the Software. The terms “commercial item,” “commercial computer software,” “commercial computer software documentation,” and “technical data” are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement.

AWS Licensor may amend this License at its sole discretion by posting the revised terms on the AWS website (aws.amazon.com) or within the Software. Your continued use of the Software after any amendment's effective date evidences your agreement to be bound by it.

The terms of this License govern the Software and any updates or upgrades to the Software that AWS Licensor may provide that replace or supplement the original Software, unless the update or upgrade is accompanied by a separate license, in which case the terms of that license will govern.