GENERAL TERMS AND CONDITIONS RELATING TO INTERACTION WITH ENTERPRISEDB

EnterpriseDB uses certain web properties (“Property or “Properties”), namely: www.enterprisedb.com and www.postgresrocks.net.  Registration and use of either property will be governed by the terms and conditions contained in the Properties general terms of use and trademark usage guidelines (“Terms of Use”). Please review the Terms of Use carefully. If you do not agree to the Terms of Use or the provisions contained herein, you may not access or use the Properties and you should immediately exit the Properties. The terms "we" "us" "our" refer to EnterpriseDB. The terms "you" and "your" refer to the user or viewer and/or the company represented by the user of the Properties.  You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. 

The following provisions are additional to those contained in the Terms of Use and specifically depend upon your access and use of the specific parts of the Properties referenced in each paragraph that follows. If you are not accessing or using these parts, then these additional terms will not be applicable to you.

 

PRIVACY

EnterpriseDB's handles your privacy based upon the Property that you are using.   As a result, (i) while on www.enterprisedb.com, this privacy policy and this Privacy Shield Policy shall apply and (ii) while on www.postgresrocks.net, the Privacy Shield Policy and the privacy policy included at www.postgresrock.net shall apply.  While on either site, if you are from the European Economic Area or Switzerland and share personal information with EnterpriseDB, the Privacy Shield Policy shall apply.  Each Privacy Policy is incorporated into these Terms of Use by this reference. Additionally, by using the Properties, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Properties may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted. By using the Properties, you consent to have your personal data transferred to, and processed in, the United States.

 

TERMS OF USE FOR POSTGRES ROCKS

The terms of use relating to www.postgresrocks.net are located here (“PGR Terms”) or its replacement location .  To the extent the PGR Terms differ from those contained in the Terms of Use, the PGR Terms are applicable to you while you are on www.postgresrocks.net

 

TERMS OF USE FOR DOWNLOADING SOFTWARE FOR EVALUATION AND SUBSCRIPTION PURPOSES

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
  • The payment and tax related sections will not be applicable to you since your financial transaction is through the EnterpriseDB authorized partner.
  • If Support is purchased through the EnterpriseDB authorized partner, the Support section
From an authorized EnterpriseDB partner for evaluation purposes Limited Use License N/A

 

TERMS OF USE FOR ACCESS AND USE OF THE MIGRATION PORTAL

In addition to the Terms of Use and Privacy section above, the following terms, conditions and restriction govern your use of the migration portal (“Portal”) and associated software and scripts (“Tools”).  We or our licensors own all right, title, and interest in and to the Portal and Tools, and all related technology and intellectual property rights. Subject to the terms of this Agreement, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to do the following: (a) access and use the Portal and Tools solely in accordance with this Agreement; and (b) copy and use the output of the Portal and the Tools solely for your internal business use. Except as provided in this entire section (Terms of Use for Access and Use of the Migration Portal), you obtain no rights under this Agreement from us, our affiliates or our licensors to the Portal and Tool, including any related intellectual property rights.

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 Portal and Tools.

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 and (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.

 

TERMS OF USE FOR ACCESS AND USE OF EDB POSTGRES CLOUD DATABASE SERVICE

The terms, conditions and limitations set forth here shall govern your access and use of EDB Postgres Cloud Data Services.

 

TERMS OF USE FOR TRAINING

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.

 

END OF TERMS OF USE

Updated: November 27, 2018