Primeworks - Data Port Command License

Data Port Command License

Please read carefully the following terms and conditions before using the Data Port Command. By using this software, you are implicitly accepting the terms of this License.

If you do not agree to all of the terms of this License, please do not use the Data Port Command.

The Scope section applies according to the license you have purchased. A single user license requires an activation key while the royalty free license does not. If you are unsure what license you have purchased, please call Primeworks via info@primeworks.pt.

Scope (Single User)
Data Port Command (SOFTWARE) is licensed, not sold. This License allows for the non-concurrent use of the software, meaning that any licensed copy of the software may only be used on a non-concurrent fashion. This includes personal use by a single person on one or more computers, non simultaneous use on a single workstation by multiple people, but not both. Network access to Data Port Command is possible provided that the number of concurrent individual licenses has been purchased.

During the data porting process, a software component is copied into the mobile device. This component (RemSqlCe.dll) is not subject to distribution or royalty fees, so you may use the SOFTWARE against any number of mobile devices. Please note that Primeworks retains the full copyright of the distributed component.

Scope (Royalty Free)
Data Port Command (SOFTWARE) is licensed, not sold. This License allows for the unlimited distribution of the SOFTWARE as long as it is used as a component by an application developed by the customer. Under such a scenario, the SOFTWARE will be automatically launched by a customer’s application (batch file, executable or other), but never directly from the command line (except for debugging and testing situations). This license does not allow for redistribution of the executable files for purposes other than the ones expressed above. It also precludes the possibility of allowing the customer to develop software that will compete with any of Primework’s offers.

Restrictions
You may not reverse engineer, de-compile, or disassemble the SOFTWARE, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not rent, lease, or lend the SOFTWARE. You may permanently transfer all of your rights under this License, provided the recipient agrees to the terms of this License. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.

Warranty Disclaimer
Primeworks expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.

Limitation of Liability
IN NO EVENT SHALL Primeworks OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF Primeworks HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, Primeworks' LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.

Termination
Without prejudice to any other rights, Primeworks may terminate this License if you fail to comply with the terms and conditions of this License. In such event, you must destroy all copies of the SOFTWARE.

Copyright
The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of Primeworks and you will not acquire any rights to the SOFTWARE except as expressly set forth in this License.

Products / Data Port Command / License Agreement