Clusterpoint License Agreement

Clusterpoint License Agreement

Clusterpoint is a registered trademark of CLUSTERPOINT LTD. All other brand and product names are trademarks of their respective holders.

LICENSE AGREEMENT This is a legal agreement ("Agreement") between you ("Licensee," either an individual or an entity) and Clusterpoint Ltd. (hereinafter "CLUSTERPOINT"). By installing this software, you agree to be bound by the terms of this agreement. With the sole exception of an existing mutually signed agreement between CLUSTERPOINT and Licensee, this Agreement shall fully supersede and override any other terms relating to this software, including without limitation, terms provided to CLUSTERPOINT's purchasing department pursuant to a purchase order. By using the software, you are agreeing unconditionally to be bound by the terms of this license agreement, even if this license agreement is deemed a modification of any previous arrangement or contract. If you do not agree to the terms of this agreement, CLUSTERPOINT is unwilling to license this software to you, and you may promptly return the software and accompanying items to Clusterpoint for a full refund if applicable.

LICENSE SCOPE CLUSTERPOINT licenses the relevant portion of the "Clusterpoint" software product line in object form as follows, depending on the specific public usage or purchase by Licensee:

Clusterpoint Server: The core database server software written in C/C++ and distributed in binary object format under the multiple licensing model desribed in this License Agreement.

Clusterpoint Server FREE License: Use on one single computer. Free use for public, private and commercial database applications when installed and used in a single hardware server configuration, without using the Clusterpoint Server software clustering functionality. Clusterpoint Server FREE License requires publishing of the Clusterpoint Reference Link from the Licensee's or end- customer's public Web site back to Clusterpoint corporate Web site www.clusterpoint.com. Number of database storages per server, total database volume per server, total number of data objects per each database or total number of database users are not limited by this license. Note: usage under Clusterpoint Server FREE License limited conditions is equivalent to the purchase of the permanent license. Note: under the Clusterpoint Server FREE License the Clusterpoint software can not be re-sold, can not be re-packaged into OEM solution, can not be delivered as an integrated system solution to end-customer, or transferred by any other method, without legal registration of the Clusterpoint software use under free or commercial license by the end-customer according to this license Agreement. Multiple Clusterpoint Server FREE Licenses can be used within the same organization or by the same person only for different projects each where each project clearly is having its own product Web site or its own Internet services Web site, where Clusterpoint Server FREE Licenses are registered as clearly separated by project free use licenses for each project, installed on a single server per project and without use of Clusterpoint Server clustering functionality among different projects. Unless separate Clusterpoint Server FREE License is registered and separate Clusterpoint Reference Link is clearly published for each project on its own Web site or Web page, Clusterpoint software use on multiple servers per single organization is forbidden. Licensing for use on more than a single server or for use on a more than a single virtual machine with Clusterpoint software running on the same hardware sever if configured for using Clusterpoint Server clustering functionality, always requires commercial Clusterpoint Server licensing as for multiple hardware servers and can not be legally covered for use by Clusterpoint Server FREE License. Clusterpoint Server software clustering functionality use under the Clusterpoint Server FREE License is not legal even if enabled by software. Clusterpoint software use for different projects on multiple servers per the same organization or by the same person, even when Clusterpoint Server clustering functionality is not used, under conditions that there is no respective number of Clusterpoint Server FREE Licenses registered and respective number of Clusterpoint Reference Links published for each project, is forbidden. Also aggregation of multiple Clusterpoint Server FREE Licenses into use of the same project even if clustering functionality is not used is forbidden. Other free usage of the Clusterpoint Server may be authorized in accordance with a signed license agreement with CLUSTERPOINT.

Clusterpoint Server SINGLE License: Commercial license for use on one single hardware computer or a single virtual machine. Does not require publishing of Clusterpoint Reference Link. This type of license can be re-sold, can be re-packaged into OEM or integrated systems solutions. However it does not cover Clusterpoint Server use with clustering functionality, even when multiple Clusterpoint Server SINGLE Licenses are obtained. Covers unlimited use on one single server for a single-server or a single virtual machine. Note: use in virtual computers environment requires separate purchases of Clusterpoint Server licenses for every virtual computer. (Other usage of the Clusterpoint Server may be authorized in accordance with a signed license agreement with CLUSTERPOINT.)

Clusterpoint Server CLUSTER License: Commercial license for unlimited use on up to specified number of servers for a multi-server hardware environment in a single organization, covers any cluster functionality usage of Clusterpoint Server among specified number of servers, including database mirroring (replication) in multiple copies, database striping (distributed database) and mirroring of the distributed database into multiple copies. Note: number of databases (storages), number of configured cluster databases per single cluster server, total data volume per cluster or data volume per each cluster node, total number of data objects per database and number of database users are not limited under this license. Note: usage includes all production servers, including back-up servers and load-balancing servers, located in the same or different sites. Note: use on a desktop PC and a laptop requires separate purchases of Clusterpoint Server licenses. Note: use in virtual computers environment requires separate purchases of Clusterpoint Server license for every virtual computer. (Other usage of the Clusterpoint Server may be authorized in accordance with a signed license agreement with CLUSTERPOINT.)

Clusterpoint Server SITE License: Commercial license for indefinite number of computers that could be installed with Clusterpoint software per single organization in one location per year (site), covering any Clusterpoint Server clustering functionality within this site up to certain number of mutually agreed theoretical maximum number of servers. Must be renewed annually to qualify for software maintenance and technical support services. The license can be also used in virtualized environments or in cloud IT infrastructure, where it is not possible to exactly determine number of required servers in cluster. The license is customizable for cost-efficient volume licensing and usage rights terms.

Clusterpoint Server TRIAL License: In the absence of one of the above registered licenses for the Clusterpoint Server software, the Clusterpoint Server software shall be considered licensed for evaluation and test purposes only and can not be used for commercial projects. Evaluation use of this software is contingent upon Licensee's acceptance of the terms of this Agreement, and if Licensee is unwilling to accept these terms then Licensee may not install or use any Clusterpoint Server software that is freely downloadable from Internet and can be installed under the Clusterpoint Server TRIAL License.

Assuming Licensee agrees to the terms of this Agreement, Licensee may use the evaluation version for up to 30 days for evaluation and testing, starting from the day of the first installation. Clusterpoint Server software under the free TRIAL License may not be used other than for internal testing and development purposes. Evaluation versions may not be used in products sold or otherwise provided to end-users without express written permission from CLUSTERPOINT.

License sections below on "Upgrades" and "Technical Support" do not apply to products provided for evaluation.

Clusterpoint Server CLOUD License: one-click deployment Clusterpoint database software license distributed under cloud service as a preconfigured virtual machine image that can be activatedunder either Clusterpoint Server TRIAL License or Clusterpoint Server FREE License, or under other custom commercial licensing agreement terms and conditions of respective cloud service provider.

Clusterpoint Manager License: Clusterpoint web-server based application software written in open source PHP programming language that is packaged and licensed for free use together with of any of the following product licenses: Clusterpoint Server FREE License, Clusterpoint Server TRIAL License, Clusterpoint Server CLOUD License, Clusterpoint Server SINGLE License, Clusterpoint Server CLUSTER License and Clusterpoint Server SITE License. The software provides centralized Web based management and administration of all legally licensed number of computers running any kind of above mentioned Clusterpoint Server software licenses in a single organization. Legal licensing terms and legal limitations for Clusterpoint Manager use are identical to the respective Clusterpoint Server license use that is legally obtained by customer.

Clusterpoint Command Line interface License: Clusterpoint GUI-less console command line inteface application software that is packaged and licensed for free use together with of any of the following product licenses: Clusterpoint Server FREE License, Clusterpoint Server TRIAL License, Clusterpoint Server CLOUD License, Clusterpoint Server SINGLE License, Clusterpoint Server CLUSTER License and Clusterpoint Server SITE License. The software provides management and administration of all legally licensed number of computers running any kind of above mentioned Clusterpoint Server software licenses in a single organization. Legal licensing terms and legal limitations for Clusterpoint Manager use are identical to the respective Clusterpoint Server license use that is legally obtained by customer.

Clusterpoint Transaction Journaling System License: additional commercial software licensing for Clusterpoint Server providing fast enterprise-level database system recovery functionality, licensed along the legal Clusterpoint Server licensing terms obtained by the customer.

Clusterpoint Database Versioning System License: additional commercial software licensing for Clusterpoint Server providing database content versioning functionality maintaining the previously updated versions of data objects within the core database and providing search, licensed along the legal Clusterpoint Server licensing terms obtained by the customer.

Clusterpoint Crawler License: Free use demonstration software together with of any of the following product licenses: Clusterpoint Server FREE License, Clusterpoint Server TRIAL License, Clusterpoint Server SINGLE License, Clusterpoint Server CLUSTER License and Clusterpoint Server SITE License. Includes crawler software for indexing of Web sites, file systems and local intranets. License allows to index unlimited number of desktops, Web and file servers in a single organization. Licensing terms for Clusterpoint Crawler are identical to the respective Clusterpoint Server license that is legally obtained by customer.

Clusterpoint Searcher License: Free application software in PHP programming language with customizable source code together with of any of the following product licenses: Clusterpoint Server FREE License, Clusterpoint Server TRIAL License, Clusterpoint Server SINGLE License, Clusterpoint Server CLUSTER License and Clusterpoint Server SITE License. Includes web-server software developed in PHP for search applications, using Clusterpoint Crawler collected document-type data from Web sites, file systems and local intranets. License allows to use it for search unlimited number of desktops, Web and file servers in a single organization, modify the Clusterpoint Searcher application source code and republish it or re-package it for use in customer own applications. As free software its sample source code can be re-used by customer without any restrictions and limitations, can be freely customized, and does not require referencing Clusterpoint if used.

Clusterpoint Server OEM License: Commercial license for Clusterpoint software use in OEM and other third-party applications requiring a separate licensing agreement not covered by this Licensing Agreement.

Clusterpoint Global Internet Search Platform License (previously Clusterpoint Internet Crawler): Commercial license for Clusterpoint developed application software for collecting and indexing public Web data for Clusterpoint Server database storage from public Internet global addresses and country-specific domain zones. Unlimited use up to specified number of indexing servers for a multi-server licenses in a single organization. Note: usage includes all production servers, including back-up servers and load-balancing servers, located in the same or different sites. Note: use in virtual computers environment requires separate purchases of Clusterpoint Internet Crawler licenses for every virtual computer. Licensing terms for Clusterpoint Global Internet Search Platform are to be mutually agreed with customer, and this software can not be used under any of Clusterpoint Server licenses.

Clusterpoint Network Traffic Surveillance System License: Commercial license for Clusterpoint developed application software for collecting raw IP traffic, re-engineering it back to application objects, and storing and indexing this data for scalable Clusterpoint Server storage shipped under OEM licensing conditions for this application. Licensing terms for Clusterpoint Internet Crawler are to be mutually agreed with customer, and this software can not be used under any of Clusterpoint Server licenses.

BETA TEST VERSIONS This section applies only to use of Beta Test Versions of Clusterpoint software products ("Beta Products").

CLUSTERPOINT makes Beta Products available on a discretionary basis. No right to obtain Beta Products is generally granted in CLUSTERPOINT's license agreements, and no such right exists except where an agreement expressly and explicitly provides otherwise. Therefore, even if Licensee has a separate, written agreement to use CLUSTERPOINT's products and to obtain maintenance releases and upgrades, use of this software is contingent upon Licensee's acceptance of the terms of this Agreement, and if Licensee is unwilling to accept these terms then Licensee may not use Beta Products.

Beta Products are provided for testing and evaluation purposes. The purpose of beta testing is to identify undiscovered bugs in software products through widespread testing. To protect end-users from the risk of such undiscovered bugs, CLUSTERPOINT requires that beta versions of Clusterpoint developer products such as the Clusterpoint Server may not be used other than for internal testing and development purposes. In particular, Beta Products may not be used in products sold or otherwise provided to end-users without express written permission from CLUSTERPOINT. Beta Products may be time-limited and may automatically cease to function after a date specified in the documentation accompanying the beta product.

License sections below on "Upgrades" and "Technical Support" do not apply to Beta Products.

GENERAL USE LIMITATIONS Licensee may not rent, lease, lend, sub license, time-share, distribute, sell or assign the license to use this software. Nor may Licensee use this software on more computers or number of organizations or projects than Licensee's license permits. Licensee may make backup copies of the software strictly for Licensee's own archival purposes. Except as explicitly permitted pursuant to this Agreement, Licensee may not otherwise distribute, copy, reproduce, sub license, sell or otherwise distribute the software.

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

Second Copy. The primary user of a computer on which a copy of the software is installed may make a second copy for his or her exclusive Use on either a home or portable computer, but not both.

Storage/Network Use. You may also store or install a copy of the software on a storage device, such as a network server, for the purpose of using the software on Your computers only over an internal network; however, You must acquire and dedicate necessary number of licenses for each separate computer on which the software is used from the storage device. A license for the software may not be shared or used concurrently on different computers. You shall inform all users of the software of the terms and conditions of this License Agreement.

Packaged License. If You have acquired this License Agreement in a Clusterpoint Server Installation Package, You may make the number of additional copies of the computer software only according to this License Agreement and You may Use each copy only in the manner specified in this License Agreement. You are also entitled to make a corresponding number of second copies for home or portable computer use only in the manner specified in this License Agreement.

Transfer of Software. Licensee may transfer all rights under this License Agreement, except for an evaluation and free Clusterpoint software license, on a permanent basis only, provided Licensee retain no copies, Licensee transfer the License Agreement, the corresponding License Agreement Purchase Order Reference number (if applicable) and all the software products (including without limitation all component parts, media and printed materials, and any upgrades) and the recipient agrees to all the terms and conditions of this License Agreement. If the software is an upgrade product, any transfer must include the latest release, all prior versions and any prior products used to obtain the software.

Termination. This License Agreement is in effect until terminated. Licensee may terminate it at any time by destroying the software and all copies Licensee have made. Unauthorized copying or duplication of the software will result in automatic termination of this License Agreement. Without prejudice to any other rights, CLUSTERPOINT may terminate this License Agreement if Licensee fail to comply with any term or condition of this License Agreement. Upon termination of this License Agreement, Licensee agrees to destroy the software products and all copies Licensee have made.

Not For Resale ("NFR") Software. If the software is identified as "Not For Resale" or "NFR", then, notwithstanding any other terms and conditions of this License Agreement, Licensee may not, for value or other consideration, distribute, resell, dispose of, or transfer the software.

GUARANTEE The software, if purchased under any types of commercial licenses, comes with a 30-day money-back satisfaction guarantee from the Date of this Agreement.

NO SOURCE CODE The licensed software is the applicable above-mentioned versions of Clusterpoint Server in object form. Other than sample source code that may be provided with the Clusterpoint API documentation, and sample Clusterpoint Searcher application source code, the software does not include source code or any rights thereto.

LIMITATIONS ON REVERSE-ENGINEERING, DECOMPILATION AND DISASSEMBLY; OTHER RESTRICTIONS. Licensee acknowledge that the software in source code form remains a confidential trade secret of CLUSTERPOINT and therefore Licensee agree not to reverse-engineer, decompile or disassemble the software, or make any attempt to discover the source code to the software (other than modifications pursuant to the Clusterpoint Web interface, Clusterpoint API sample codes or the Clusterpoint Server programming APIs, to the extent of Licensee's purchased license as set forth herein), except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. Except as expressly permitted in this License Agreement, the software may not be used, copied, translated, redistributed, retransmitted, published, sold, rented, leased, marketed, sub licensed, pledged, assigned, disposed of, encumbered, transferred, altered, modified or enhanced, whether in whole or in part, nor may You create derivative works from or based on the software. You may not remove any proprietary notices, marks or labels from the software.

Any third party software or tools accompanying the software or required by it under operating system environment such as Linux /MacOS/FreeBSD and Windows operating systems and supporting prerequisite software have their own copyright notices and licenses not affected by this Agreement.

LIMITATIONS ON WARRANTY AND LIABILITY. CLUSTERPOINT does not warrant that the software will meet Licensee requirements or that use of the software will be uninterrupted or error-free. CLUSTERPOINT is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems, nor for problems in the interaction of the software with non-CLUSTERPOINT software products.

The software is provided AS IS. To the extent permitted by applicable law, any and all other representations and warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement are expressly excluded and disclaimed. CLUSTERPOINT and its suppliers do not and cannot warrant the performance or results Licensee or Licensee's end-users may obtain by using the software.

In no event shall CLUSTERPOINT be liable for incidental or consequential damages, including lost profits, lost savings, lost opportunities or other incidental or consequential damages arising out of the use of or inability to use the software, even if CLUSTERPOINT has been advised of the possibility of such damages.

Exclusive Remedy. CLUSTERPOINT's entire liability, and Licensee's exclusive remedy, shall be return of the price paid within 30-day money back period, if any requested, and termination of this License Agreement. This remedy is subject to return of the software to CLUSTERPOINT with a copy of Your receipt within this 30-days period or, solely for software that was obtained electronically via "electronic software distribution", to delivery to CLUSTERPOINT of a CLUSTERPOINT-approved "certification of destruction" statement together with proof of purchase within the 30-days period. This Limited Warranty is void if failure of the software has resulted from accident, abuse or misapplication. Outside of the European Union, neither these remedies nor any Support Services are available without proof of purchase from an authorized source.

Under no circumstance may CLUSTERPOINT'S liability to licensee, whether arising under tort, contract, or patent law, and whether arising as a result of the use of the licensed software by licensee or use by any other person, exceed the lesser of the license fee or the amount paid to CLUSTERPOINT during the year prior to any alleged basis of liability.

No Other Warranties. The above warranties are exclusive. To the maximum extent permitted by applicable law, CLUSTERPOINT and its suppliers disclaim all other warranties and conditions, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and those arising out of usage of trade or course of dealing, concerning the software products, and the provision of or failure to provide support services. No oral or written information or advice given by CLUSTERPOINT, its agents, dealers, distributors or employees shall increase the scope of the above warranties or create any other warranties.

No Liability for Damages. Regardless of whether any remedy set forth herein fails of its essential purpose, to the maximum extent permitted by applicable law, in no event shall CLUSTERPOINT or its suppliers (or their respective agents, directors, employees or representatives) be liable for any damages whatsoever (including, without limitation, consequential, incidental, indirect, special, economic, punitive or similar damages, or damages for loss of business profits, loss of goodwill, business interruption, computer failure or malfunction, loss of business information or any and all other commercial or pecuniary damages or losses) arising out of the use of or inability to use the software products or the provision of or failure to provide support services, however caused and on any legal theory of liability (whether in tort, contract or otherwise), even if CLUSTERPOINT has been advised of the possibility of such damages, or for any claim by any other party. Licensee acknowledge that the license fee reflects this allocation of risk. In any event, if any statute implies warranties or conditions not stated in this License Agreement, CLUSTERPOINT's entire liability under any provision of this License Agreement shall be limited to the amount actually paid to CLUSTERPOINT by You to license the software, or, in the case of Support Services, providing such Support Services again or refunding the cost thereof.

TECHNICAL SUPPORT Technical support for Clusterpoint software (collectively, "Products"): CLUSTERPOINT agrees to provide technical support to a single point of contact in the Licensee organization for one year from the Date of this Agreement. Licensee agrees to provide technical support to all other Licensee end-users. Technical support is provided over email. Premium Technical support services are provided under service level agreement terms mutually agreed with Licensee. Licensee of Clusterpoint software Free Community license, Beta License and Evaluation License qualify for limited technical support.

Licensee must list itself as the sole contact for such technical support on end-user software copies and in any accompanying documentation.

Support Services. CLUSTERPOINT may provide Licensee with customer and technical support services related to the software ("Support Services"). Use of Support Services is governed by the CLUSTERPOINT policies and programs described in the software manuals, in "online" or electronic documentation, and/or in other CLUSTERPOINT-provided materials. Any supplemental software code provided to Licensee as part of the Support Services shall be considered part of the software and subject to the terms and conditions of this License Agreement. With respect to any technical information Licensee provide to CLUSTERPOINT as part of the Support Services, CLUSTERPOINT may use such information for its business purposes, including product support and development. CLUSTERPOINT will not utilize such technical information in a manner that identifies Licensee except with explicit permission asked by CLUSTERPOINT and received from Licensee.

UPGRADES Subject to third-party supplier restrictions and charges, CLUSTERPOINT agrees to make available to Licensee under the Clusterpoint commercial software licenses, upon request, any maintenance releases, new and enhanced versions or upgrades of the software that CLUSTERPOINT releases for the same operating system platform for a period of one (1) year from the Date of this Agreement. CLUSTERPOINT may, at its sole discretion, extend the free technical support and upgrade period beyond the above-mentioned one (1) year date.

If the software is identified as an "upgrade", Licensee must be properly licensed to use a product, whether from CLUSTERPOINT or another supplier, that is specified by CLUSTERPOINT as being eligible for the upgrade in order to use the software. Software identified as an upgrade replaces or supplements the product that formed the basis for Licensee eligibility for the upgrade. Notwithstanding any other terms and conditions of this License Agreement, Licensee may transfer the software only in conjunction with the product that formed the basis for Licensee eligibility for the upgrade, unless Licensee destroy such product. If the software is an upgrade from a component of a package of software programs which Licensee licensed as a single product, the software may be used or transferred only as part of that single product package and may not be separated for use on more than specified number of computer.

OTHER TERMS

DATE OF AGREEMENT. The "Date" of this Agreement, as used herein and in all previous and subsequent sections, shall be the day that Licensee first installs or receives (whichever comes first) the software.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between CLUSTERPOINT and Licensee, superseding all previous agreements, and may not be amended other than by a written agreement. Exception: if Licensee has a signed, written license agreement with CLUSTERPOINT granting a license to use this software, such grant of license shall supplement the license grant in this Agreement. Notwithstanding any such separate license agreement, Licensee agrees that the terms of this agreement shall apply to use of any Beta Products, as described in the section on "Beta Products."

LIMITATION ON TRANSFER OF INTELLECTUAL PROPERTY RIGHT IN THE SOFTWARE. The Clusterpoint software is owned by CLUSTERPOINT and its suppliers, and its structure, organization and code are the valuable trade secrets of CLUSTERPOINT and its suppliers. Title, ownership rights and intellectual property rights in and to the software shall remain in CLUSTERPOINT and its suppliers and are protected by European Union and international copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The software is licensed, not sold. There is no transfer to Licensee of any title to or ownership of the software and the license granted under this License Agreement should not be construed as a sale of any right in the software. Licensee must treat the software like any other copyrighted materials (e.g., a book or musical recording) except that Licensee may make one copy of the software solely for backup or archival purposes, only as long as Licensee otherwise comply with the terms and conditions of this License Agreement. Any copies that Licensee is permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on or in the software. Licensee agrees not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the software. Trademarks shall be used in accordance with accepted trademark practice, including identification of trademark owner's name. Such use of any trademark does not give Licensee any rights of ownership in the trademark. Except as explicitly stated above, this Agreement does not grant any intellectual property rights in the software.

All rights not specifically granted under this License Agreement are reserved by CLUSTERPOINT.

PREREQUISITE SOFTWARE. Prerequisite software is an operating system specific software used in mere aggregation way as required by the GNU General Public license (GPL), or as libraries as required by LGPL license, or as software having any other type of public license. CLUSTERPOINT does not claim any ownership and copyrights of the operating system, libraries and utilities referred to in published Clusterpoint software documentation as prerequisite software. CLUSTERPOINT does not distribute this prerequisite software for pay and do not charge for it. Any prerequisite software can be replaced with their functionally equivalent substitutes by Licensee, either commercial or non-commercial, provided that documentation of the Clusterpoint software specifies such compatibility for each specific software and version.

ENTIRE AGREEMENT, GOVERNING LAW. This License Agreement shall not be modify except by a written agreement executed by a duly authorized representative of each of CLUSTERPOINT and Licensee.

Nothing in this License Agreement is intended to exclude, modify or restrict the operation of any applicable statute or other law, the provisions of which cannot lawfully be excluded, modified or restricted. If any court of competent jurisdiction determines that a provision of this License Agreement is illegal, invalid or unenforceable in any jurisdiction, then such provision shall be deemed modified to the minimum extent necessary to make it comply with the applicable statute or law of such jurisdiction, and the remaining provisions of this License Agreement shall continue in full force and effect. Any such modification shall not effect any provisions of this License Agreement in any other jurisdiction where this License Agreement governs the use of the software.

NO WAIVER. The failure to immediately enforce any provisions, rights or remedies under this Agreement shall not constitute a waiver by the party failing to enforce such provision, even if the party failing to enforce such provisions, rights or remedies is aware of the other party's contractual breach.

ARBITRATION. The construction, validity and performance of this Agreement shall be governed by and submitted to the laws of European Union and the non- exclusive jurisdiction of the courts of European Union. Notwithstanding the foregoing, CLUSTERPOINT shall have the right to seek injunctive, or similar, relief in any courts of competent jurisdiction.

OTHER. If any portion of this Agreement is found to be invalid, the remainder shall continue in force. This Agreement shall remain in effect even if the software is uninstalled or deleted after installation.

NOTICES OF PRODUCT NAMING CHANGES:

Clusterpoint Server (previously Clusterpoint DBMS)
Clusterpoint Server FREE License (previously Clusterpoint DBMS Free Community License)
Clusterpoint Server TRIAL License (previously Clusterpoint DBMS Evaluation License)
Clusterpoint Server CLUSTER License (previously Clusterpoint DBMS Cluster License for N-servers)
Clusterpoint Server SINGLE License (previously Clusterpoint DBMS Single Server License)
Clusterpoint Server SITE License (previously Clusterpoint DBMS Site License)
Clusterpoint Transaction Journaling System License (previously Clusterpoint DBMS Transaction Journaling System License)
Clusterpoint Database Versioning System License (previously Clusterpoint DBMS Database Versioning System License)
Clusterpoint Global Internet Search Platform License (previously Clusterpoint Internet Crawler)

CONTACTS

Any notices required to be given in writing to Clusterpoint or any questions concerning this Agreement should be addressed to the following address:

CLUSTERPOINT LIMITED
(Company Number 06927486, please click to check with Companies House)
10-14 ACCOMMODATION ROAD
GOLDERS GREEN
LONDON

NW11 8ED

United Kingdom

Email: please contact us on Clusterpoint Support Email address published on corporate web site: www.clusterpoint.com.