License Agreement

END-USER LICENSE AGREEMENT

Important - Read carefully:

This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Author of this Software ("Learning Mile") for the Software Product "MongoVUE", which includes computer software and may include associated media, printed materials, and "online" or electronic documentation ("Software Product"). The Software Product also includes any updates and supplements to original software provided to you.

By installing, copying, or otherwise using the Software Product, you agree to be bound by the terms of this EULA. If you do not agree to any of the terms of this EULA, you are not permitted to use the Software Product in any way, and all copies of it must be deleted from your system(s) immediately.

The Software Product is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Product is licensed, not sold.

1.     GRANT OF LICENSE. Learning Mile grants you the licence to install and use the following editions of the Software Product ,provided that you comply with all the terms and conditions of this EULA:

a.     General Software License Grant. You are granted a right to install the Software Product and use it to work with the open source MongoDB database engine. MongoVUE grants the use of the Software Product according to one of the license types below as identified in the product title. Licenses purchased for development do not extend to third parties. All entities must have a separate license.

                                      i.        Free /Demo Edition (No costs). Use of the Software Product without purchase of a License shall be limited to evaluation purposes only. You can use the Free version for any development purpose, except for creation of any software that might directly compete with MongoVUE.

                                     ii.        Standard Edition License. If you purchased a Standard License, Learning Mile grants to you one (1) nontransferable, nonexclusive, royalty-free license to use the Software Product and install such Software on a single machine for your single concurrent internal use. You may not duplicate or distribute the Software Product outside of your premises.

                                    iii.        Enterprise Edition License. If you purchased an Enterprise License, Learning Mile grants to you limited, nontransferable, nonexclusive, royalty-free licenses to use copies of the Software Product and install such Software on up to 100 machines, belonging to or owned by the Licensee's Company. You may not duplicate or distribute the Software Product outside of your premises.

b.     Other Components. This license does not apply in any way to open source or free software components that may be distributed or otherwise provided with this product.

c.     Disassembly. You may not modify this product in any manner. You shall not, nor allow others to copy, in whole or in part, emulate, sub-licence, sell, transfer, exploit, alter, modify or adapt the Software Product nor decompile, dissemble or reverse engineer the same nor attempt to do such thing.

d.     Reservation of Rights. MongoVUE reserves all rights not expressly granted herein.

e.     Ownership of the Software Product. You own the physical media on which this Software Product is fixed or recorded, but you do not own the title to or any intellectual property rights in this Software Product. Learning Mile owns title and all intellectual property rights, including the copyright and the right to trade secret protection.

 

2.     DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

a.     Rental. You may not lease or rent the Software Product.

b.     Proprietary notices. You may not remove any proprietary notices or labels on the Software Product.

c.     Consideration. For the rights and license granted in this EULA you will pay Learning Mile the currently published retail price available at mongovue.com or another mutually agreed upon amount to appear on a valid invoice.

d.     Termination. Without prejudice to any other rights, Learning Mile may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software Product and all of its component parts.

e.     Term. The term of this EULA shall continue perpetually from the date of purchase unless terminated according to the provisions in section 2(d).

f.      Derived Works. You agree that you will not use the Software Product to develop derived works that offer similar functionality as the Software Product, expose the features of the Software Product for use by an unlicensed third party. For a period of twelve (12) months from the date of purchase, you agree not to create software that might directly compete with Learning Mile products at the time of the purchase.

g.     Updates. This agreement may be updated from time to time. You hereby agree to comply with all future updates of this license as available on www.mongovue.com

3.     SOFTWARE MAINTENANCE AND UPDATES

a.     Learning Mile periodically releases updates to existing versions, and also complete new versions, of the Software Product. For a period of one year following the purchase of the Software Product, updates and new versions are free of costs to Standard and Enterprise license holders.

b.     In order to receive program updates after the first year it is necessary to pay a renewal fee of 50% based on the latest Software Product price ( see http://www.mongovue.com for the latest posted price). By paying the renewal the license holder is entitled to receive all program updates for another one year.

c.     Learning Mile is not obligated to, but may at its own option, provide free email support.

d.     If this copy of the Software Product is an upgrade from an earlier version of the Software Product, it is provided to you on a license exchange basis. You agree by your installation and use of such copy of the Software Product to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software Product or transfer it to another person or entity unless such transfer is otherwise valid according to the terms of this EULA.

4.     EXPORT RESTRICTIONS. You agree to comply with all applicable international and national laws that apply to the Software, as well as end-user, endues and destination restrictions.

5.     COPYRIGHT. All title and copyrights in and to the Software Product (including but not limited to any images, photographs, text, and "applets" incorporated into the Software Product), the accompanying printed materials, and any copies of the Software Product are owned by Learning Mile. The Software Product is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Product like any other copyrighted material.

6.     LIMITATION OF LIABILITY.

a.     No warranties. Learning Mile expressly disclaims any warranty for the Software Product. The Software Product 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 non-infringement. The entire risk arising out of use or performance of the Software Product remains with you.

b.     No liability for damages. In no event Learning Mile is liable for damages, including any general, special, incidental or consequential damages arising out of the use or inability to use this product (including but not limited to loss of data, or data being rendered inaccurate, or losses sustained by you or third parties, or a failure of the program to operate with any other programs).

7.     MARKETING. You agree to be identified as a customer of Learning Mile and that Learning Mile may refer to you by name, trade name and trademark, if applicable, and may briefly describe your business in Learning Mile's marketing materials, on Learning Mile's web site, in public or legal documents. You hereby grant Learning Mile a right to use your name and any of your trade names and trademarks solely pursuant to this marketing section, without any consideration.

8.     DISCLAIMER. THIS SOFTWARE IS PROVIDED "AS IS", WITHOUT A WARRENTY OF ANY KIND. THE AUTHOR OF THIS SOFTWARE ("LEARNING MILE") DON'T TAKE ANY RESPONSE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING OR DISTRIBUTING THE SOFTWARE. IN NO EVENT WILL LEARNING MILE BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF THE USE OF OR INABILITY TO USE SOFTWARE. THE AUTHOR DOES NOT WARRANT THAT MongoVUE IS FREE FROM BUGS, ERRORS, OR OTHER PROGRAM LIMITATIONS. THE AUTHOR IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. THE AUTHOR WILL NOT BE SUBJECT TO LIABILITY FOR ANY BUGS OR DAMAGES CAUSED BY ANY FEATURES.

9.     LANGUAGE OF AGREEMENT. You agree that this EULA be drafted in the English language.