License Agreement

R:BASE TECHNOLOGIES, INC. LICENSE AGREEMENT

R:BASE 7.6 Single Seat License

This is a legal agreement between you, the end user (Licensee), and R:BASE Technologies, Inc. (RBTI). Opening this package indicates your agreement with all of the following. If you do not accept the terms of this binding agreement, DO NOT BREAK THE SEAL ON THE DISK PACKAGE. Your money will be refunded upon the return of the unopened product directly to RBTI, or to the authorized developer from which you acquired this package, with proof of purchase, and in compliance with the 30 day return period described in section 5 below.

1. LICENSE. This RBTI License Agreement permits you to use one copy of the R:BASE computer software with associated utilities (the "Program") and accompanying user documentation (the "Documentation") on any single computer provided the Program is being used on only one computer at a time. (The R:BASE Add-On License Pack permits additional seats to access the program, in 5 seat increments if each is physically linked to a single file server and you have obtained a separate license for a Single Seat version of R:BASE. Add-On License Packs must be licensed at the same Single Seat version). A Program is "being used" on a computer when it is loaded into a temporary memory or installed on a hard drive in the computer. However, a copy of the Program installed on a network server for the sole purpose of distribution to other computers is not "being used". Each seat having access to the Program must have an appropriate license. If you anticipate that the number of seats with access to the Program will exceed the number of seats for which you are licensed , you must take steps to ensure that the appropriate licenses are obtained for each seat.

2. COPYRIGHT AND RESTRICTIONS. RBTI retains full ownership rights in the Program and Documentation. You may make a single copy of the Program, to be used solely for backup or archival purposes, or you may transfer the Program onto a single hard disk provided you keep the original solely for backup or archival purposes. Such copies shall be owned by RBTI. You may not copy any printed material or Documentation without prior permission. You may not decompile, disassemble, cross-compile, reverse engineer, or make or distribute any other form of, or derivative work from, the Program. You may not obscure, alter or remove any RBTI. copyright, trademark or proprietary rights notices.

3. TRANSFER OF LICENSE. You may not lend, rent or lease the Program or Documentation or any copies to any person unless you are permanently giving such person possession of all copies of the Program and Documentation, are permanently giving up your right to use the Program and Documentation and the recipient agrees to the terms of this License Agreement.

4. TERM OF LICENSE. The licensing provided in this License Agreement is perpetual unless you violate any of its terms or conditions, at which time the license will automatically terminate. Upon termination you must return all copies of the Program and Documentation to RBTI or certify in writing to RBTI that all such copies have been destroyed and uninstalled from each workstation and/or network server. RBTI reserves the right to, at its expense and without prior notice, conduct periodic inspections for licensing compliancy. If licensee is found to be in violation of current agreement, RBTI may commence a civil action seeking fines, damages, attorneys fees and injunctive relief and may also, in appropriate circumstances, seek criminal prosecution.

5. LIMITED WARRANTY. RBTI warrants to you, as the initial User, that for a period of thirty (30) days from your receipt of the Program and Documentation, 1) the Program will perform substantially in accordance with the Documentation, provided it is used in unaltered form with functioning equipment and operating systems for which it was designed; and 2) the diskettes, CDs, and any accompanying hardware shall be free from defects in materials and workmanship, under normal use and service. RBTI will, at its option, replace defective diskettes, CD's, or correct substantial program errors at no charge, provided you return defective items to RBTI with proof of payment WITHIN 30 DAYS of your acquisition of this package.

UNOPENED product may be returned WITHIN 30 DAYS for a full refund MINUS SHIPPING & HANDLING CHARGES. THESE ARE YOUR SOLE REMEDIES FOR ANY BREACH OF WARRANTY. NO EXCEPTIONS WILL BE MADE.

6. 30 DAY LIMITED COMPLIMENTARY TECH SUPPORT.
A. LICENSEE RESPONSIBILITIES.

1.To help us expedite the process and provide high quality assistance, the licensee must provide proof of purchase when calling. Proof of purchase is defined as the following: INVOICE NUMBER, PURCHASE DATE, VERSION AND BUILD NUMBER, SERIAL NUMBER, AND COMPANY OR INDIVIDUAL TO WHICH PRODUCT IS REGISTERED.

2.To have operating system, workstations, and local network installed and functional. RBTI will NOT be responsible for resolving issues not pertaining to the R:BASE program.

3.Our support staff deals with advanced issues, therefore the person contacting RBTI for assistance should be the system administrator or have other R:BASE/SQL experience and be able to understand and implement the advice given.

4.To have the database(s) being converted, safely backed-up before attempting conversion process. RBTI will NOT be held responsible for lost data or corruption as a result of advice given.

5.Once converted, Licensee is responsible for updating command syntax in APPLICATIONS, altering FORMS and REPORTS to accommodate the 4 digit year function, and other changes as necessary.

B. R:BASE TECHNOLOGIES, INC. RESPONSIBILITIES.

1.To provide quality assistance in a timely manner to aid Licensee in the installation of the product WITHIN 30 DAYS OF DATE OF PURCHASE.

2.To provide a reasonable solution for any resolvable issue. Not all issues are resolvable, and therefore we will acknowledge the existence of known issues or "bugs" which we are presently aware of, that have no reasonable work-around.

RBTI reserves the right to limit the amount of support time allotted to a MAXIMUM OF 2 HOURS DURING THE 30 DAY COMPLIMENTARY TECHNICAL SUPPORT PERIOD. We also reserve the right to limit the quantity of calls from a particular Licensee in a single day. Issues are dealt with on a case by case basis, and are handled at the discretion of the support agent assigned to the case.

Complimentary Support is limited to INSTALLATION related issues ONLY. Our support hours are from 10am. to 6pm. Eastern Time.

For assistance on your APPLICATIONS, DESIGN, OR CONVERSION issues, we offer Technical Support Plans of various types to meet your needs. Please call us at 724-733-0053 or visit the SUPPORT area of our website at http://www.rbase.com for details and pricing.

7. NO OTHER WARRANTIES. EXCEPT AS EXPLICITLY STATED ABOVE, RBTI MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS) WITH RESPECT TO THE CHARACTER, FUNCTION, OR CAPABILITIES OF THE PROGRAM, THE DOCUMENTATION OR THEIR APPROPRIATENESS FOR ANY USER'S PURPOSES. RBTI CANNOT CUSTOMIZE PRODUCT(S) TO MEET SPECIFIC NEEDS IN ALL CASES. EXAMPLES OF CUSTOMIZATION INCLUDE, BUT ARE NOT LIMITED TO: SPECIAL CHARACTER SETS, FOREIGN LANGUAGE ADAPTATIONS, SPECIFIC DEVICE DRIVERS OR OTHER LOCALIZATION ISSUES. UNDER NO CIRCUMSTANCES WILL RBTI BE HELD RESPONSIBLE FOR PRODUCT FUNCTIONALITY ONCE ALTERATIONS HAVE BEEN MADE TO ACCOMMODATE INDIVIDUAL NEEDS.

8. LIMITATIONS ON LIABILITIES. R:BASE Technologies will not be responsible for any costs or damages associated with loss of the use of the Program or any other resources, loss of business or profits, any loss of data, any third party claims or costs of substitute programs. IN NO EVENT WILL RBTI BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES SUFFERED BY THE USER OR ANY OTHER PERSON OR ENTITY, WHETHER FROM THE USE OF THE PROGRAM OR DOCUMENTATION, ANY FAILURE THEREOF, OR OTHERWISE, EVEN IF RBTI OR ITS DEALERS OR AGENTS ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL RBTI AGGREGATE LIABILITY TO YOU OR ANYONE ELSE EXCEED TWO TIMES THE LICENSE FEE YOU PAID FOR THE PROGRAM AND DOCUMENTATION IN THIS PACKAGE. Because some states do not allow the limitation or exclusion of implied warranties and liabilities for consequential or incidental damages, the above limitations may not apply to you.

9. GENERAL. This License Agreement constitutes the full and complete agreement between parties. RBTI retains all rights not specifically granted herein. RBTI shall not be deemed to have waived any of its rights hereunder or under all copyright laws, trade secrecy laws or otherwise. This Agreement is intended as a legally binding agreement which will be enforced to the full extent permitted under applicable law, in whole or in part. If any one provision of this Agreement is declared invalid or unenforceable, all remaining provisions shall never less remain in effect. This Agreement shall be governed and tried by the laws of the state of Pennsylvania, and in the state of Pennsylvania. RBTI reserves the right to amend, alter, or revoke this agreement at any time. All revisions to this license agreement are available for inspection upon request, supercede conditions in all past agreements, and render prior license agreements void and unenforceable. Both parties named in this license will only be bound to the terms of the most current revision of this agreement.

10. U.S. GOVERNMENT RESTRICTED RIGHTS. Use, duplication or disclosure by the Government, its agents or employees is subject to all restrictions imposed by law, regulation or government directive, including but not limited to those restrictions set forth in DFARS 252.227-7013 and 48CFR 52.227-19, as applicable.

R:BASE Technologies. Inc.
3935 Old William Penn Highway
Murrysville, PA 15668-1854
(724) 733-0053 TEL
(724) 733-0196 FAX
URL...: http://www.rbase.com
E-Mail: info@rbasetechnologies.com

Copyright 1982-2009 R:BASE Technologies, Inc. All Rights Reserved

Revised Wednesday, September 12, 2007