GENERAL TERMS AND CONDITIONS RELATING TO INTERACTION WITH ENTERPRISEDB
NOTE: IF YOU ARE A CUSTOMER THAT HAS AN EXISTING MUTUALLY EXECUTED AGREEMENT IN PLACE WITH ENTERPRISEDB OR AN AUTHORIZED ENTERPRISEDB PARTNER, THE TERMS HEREIN WILL NOT BE APPLICABLE, BUT RATHER THE TERMS AND CONDITIONS OF SUCH MUTUALLY EXECUTED AGREEMENT WILL BE APPLICABLE. IF YOU DO NOT HAVE SUCH AN AGREEMENT, PLEASE CONTINUE TO READ THIS SECTION.
The terms and conditions relating to use of EnterpriseDB software (“Software”) are located here (“Software Agreement”). The agreement applicable is determined by the transaction that you will be participating in with EnterpriseDB (e.g., whether you are evaluating the Software (Limited License) or purchasing a Subscription to the Software, Services or Training (Subscription, Support and Services Agreement)). Certain terms and conditions contained in the Subscription, Support and Services Agreement may not be applicable based who you purchase your Subscription from (i.e., EnterpriseDB or and EnterpriseDB partner). See below for an explanation:
|How you procured the Software||Software Agreement terms and conditions that ARE applicable||Software Agreement terms that are NOT applicable|
|Directly from EnterpriseDB by paying a fee for a Subscription||Subscription, Support and Services Agreement||N/A|
|Directly from EnterpriseDB for evaluation purposes||Limited Use License||N/A|
|From an authorized EnterpriseDB partner as a subscription||Subscription, Support and Services Agreement||
|From an authorized EnterpriseDB partner for evaluation purposes||Limited Use License||N/A|
The Portal and Tools are considered EnterpriseDB Content. You may install and/or use the Content solely for the purpose of analyzing your Oracle database schemas for potential compatibility to EDB Postgres Enterprise Edition. Neither you nor anyone else using your access and use rights hereunder may distribute the Portal or Tools or use it to migrate database schemas without EnterpriseDB’s explicit written permission.
Restrictions. Neither you nor anyone using your access and use rights hereunder will use the Portal or Tools in any manner or for any purpose other than as expressly permitted by this Agreement. Neither you nor anyone using your access and use rights will, or will attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Content, (b) reverse engineer, disassemble, or decompile the Portal and/or Tools or apply any other process or procedure to derive the source code of any software included in the Portal and Tools (except to the extent applicable law doesn’t allow this restriction), (c) or transfer, resell or sublicense the Portal or Tools.
Suggestions. If you provide any suggestions to us or our affiliates, we and our affiliates will be entitled to use the suggestions without restriction. You hereby irrevocably assign to us all right, title, and interest in and to the suggestions and agree to provide us any assistance we require to document, perfect, and maintain our rights in the suggestions.
The Portal and Tools collect non-personally identifiable metrics regarding your use of the Portal and Tools, including the types of database engines used, number of rows processed, duration of the migration or conversion tasks, and migration or conversion task failure status. These metrics may be used to provide, maintain, and improve the quality and feature set of the Service Offerings.
With respect to your database schema information that you enter into the Portal and/or Tools, you authorize and approve EnterpriseDB to: (i) use the Schema information to analyze and provide a compatibility analysis to you; (ii) retain copies of such schema information; (iii) retain all associated schema compatibility data generated through the Portal and/or Tools ((i), (ii) and (iii) collectively referred to as “Your Data”). Your Data will be held as confidential information and will not be disclosed by EnterpriseDB other than (i) to perform the compatibility analysis; (ii) in an anonymized fashion so as to improve upon the Portal, Tools and EnterpriseDB products and services.
THE PORTAL, TOOLS AND RESULTING WORK PRODUCT ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, OR TO THE EXTENT ANY STATUTORY RIGHTS APPLY THAT CANNOT BE EXCLUDED, LIMITED OR WAIVED, WE AND OUR AFFILIATES AND LICENSORS (A) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE PORTAL, TOOLS AND RESULTING WORK PRODUCT, AND (B) DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (I) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, (II) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, (III) THAT THE PORTAL, TOOLS AND RESULTING WORK PRODUCT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, AND (IV) THAT THE PORTAL AND TOOLS ARE SECURE FROM OUTSIDE HACKING.
The terms, conditions and limitations set forth here shall govern your access and use of EDB Postgres Cloud Data Services.
EnterpriseDB grants you access to the training materials (“Training Materials”) accessed through the Properties and the right to use for your own personal review. You are not allowed to or allow anyone else to: (a) copy or use the Training Materials in any manner except as expressly permitted above; (b) copy, allow access, transfer, sell, rent, lease, distribute, or sublicense the Training Material in any way; (c) allow access or permit use of the Training Materials by any third party; (d) modify or create derivative works based upon the Training Materials; or (e) alter or remove any proprietary notices in the Training Materials.
EnterpriseDB and its licensors retain all right, title and interest in and to the Training Materials, and all modifications and enhancements thereto, including all intellectual property rights that are not expressly granted above.
The Training Materials are provided “AS IS” with no warranties or conditions of any kind or nature.
Updated: October 16, 2018