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End-User License Agreement for PremiumSoft Navicat IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND PREMIUMSOFT CYBERTECH LTD..READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE. THIS EULA SHALL APPLY ONLY TO THE SOFTWARE SUPPLIED BY PREMIUMSOFT CYBERTECH LTD. HEREWITH REGARDLESS OF WHETHER OTHER SOFTWARE IS REFERRED TO OR DESCRIBED HEREIN. 1. Definitions (a) "Non-commercial Version" means a version of the Software, so identified, for use by i) the individual who is a natural person and not a corporation, company, partnership or association or other entity or organization (ii) the individual who is a student, faculty or staff member at an educational institution, and (iii) staff of a non-profit organization or charity organization only. For purposes of this definition, "educational institution" means a public or private school, college, university and other post secondary educational establishment. A non-profit organization is an organization whose primary objective is to support an issue or matter of private interest or public concern for non-commercial purposes. (b) "Not For Resale (NFR) Version" means a version, so identified, of the Software to be used to review and evaluate the Software, only. (c) "PremiumSoft" means PREMIUMSOFT CYBERTECH LTD. and its licensors, if any. (d) "Software" means only the PremiumSoft software program(s) and third party software programs, in each case, supplied by PremiumSoft herewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation. (e) "Unregistered version", "Trial version" or "Demo version" means an unregistered copy of the SOFTWARE ("UNREGISTERED SOFTWARE") which may be used by the USER for evaluation purposes for a period of thirty (30) days following the initial installation of the UNREGISTERED SOFTWARE. At the end of the trial period ("TRIAL PERIOD"), the USER must either register the SOFTWARE or remove it from his system. The UNREGISTERED SOFTWARE may be freely copied and distributed to other users for their evaluation. (f) "Navicat Essentials" means a version of the Software, so identified, to be used for commercial purpose. 2. License Grants The licenses granted in this Section 2 are subject to the terms and conditions set forth in this EULA: (a) Subject to Section 2(b), you may install and use the Software on a single computer; OR install and store the Software on a storage device, such as a network server, used only to install the Software on your other computers over an internal network, provided you have a license for each separate computer on which the Software is installed and run. Except as otherwise provided in Section 2(b), a license for the Software may not be shared, installed or used concurrently on different computers. (b) In addition to the single copy of the Software permitted in Section 2(a), the primary user of the computer on which the Software is installed may make a second copy of the Software and install it on either a portable computer or a computer located at his or her home for his or her exclusive use, provided that: (A) the second copy of the Software on the portable or home computer (i) is not used at the same time as the copy of the Software on the primary computer and (ii) is used by the primary user solely as allowed for such version or edition (such as for educational use only), (B) the second copy of the Software is not installed or used after the time such user is no longer the primary user of the primary computer on which the Software is installed. (c) In the event the Software is distributed along with other PremiumSoft software products as part of a suite of products (collectively, the "Studio"), the license of the Studio is licensed as a single product and none of the products in the Studio, including the Software, may be separated for installation or use on more than one computer. (d) You may make one copy of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software. You may not sell or transfer any copy of the Software made for backup purposes. (e) You agree that PremiumSoft may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse PremiumSoft for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance. (f) Your license rights under this EULA are non-exclusive. 3. License Restrictions (a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network. (b) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. (c) Unless otherwise provided herein, you may not rent, lease, or sublicense the Software. (d) Other than with respect to a Trial / Demo Version, Non-commercial Lite Version or a Not For Resale Version of the Software, you may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, the serial numbers, and, if applicable, all other software products provided together with the Software), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software from which you are upgrading. If the copy of the Software is licensed as part of the whole Studio (as defined above), the Software shall be transferred only with and as part of the sale or transfer of the whole Studio, and not separately. You may retain no copies of the Software. You may not sell or transfer any Trial / Demo Version, Non-commercial Lite Version or Not For Resale Version of the Software. (e) Unless otherwise provided herein, you may not modify the Software or create derivative works based upon the Software. (f) Non-commercial Versions of the Software may not be used for, or distributed to any party for, any commercial purpose. (g) Unless otherwise provided herein, you shall not (A) in the aggregate, install or use more than one copy of the Trial / Demo Version and Non-commercial Lite Version of the Software, (B) download the Trial / Demo Version and Non-commercial Lite Version of the Software under more than one username, (C) alter the contents of a hard drive or computer system to enable the use of the Trial / Demo Version of the Software for an aggregate period in excess of the trial period for one license to such Trial / Demo Version, (D) disclose the results of software performance benchmarks obtained using the Trial / Demo Version or Non-commercial Lite Version to any third party without PremiumSoft prior written consent, or (E) use the Trial / Demo Version of the Software for a purpose other than the sole purpose of determining whether to purchase a license to a commercial or education version of the soft