This End-User License Agreement ("EULA") is a legal agreement between you and TheRogerLAB.
This EULA agreement governs your acquisition and use of our ERD DESIGNER software ("Software") directly from TheRogerLAB or indirectly through a TheRogerLAB authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the ERD DESIGNER software. It provides a license to use the ERD DESIGNER software and contains warranty information and liability disclaimers.
By clicking "accept" or installing and/or using the ERD DESIGNER software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by TheRogerLAB herewith regardless of whether other software is referred to or described herein. The terms also apply to any TheRogerLAB updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
TheRogerLAB hereby grants to you a personal, non-transferable, non-exclusive licence to use the ERD DESIGNER software on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the ERD DESIGNER software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the ERD DESIGNER software.
You are not permitted to:
TheRogerLAB shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of TheRogerLAB.
TheRogerLAB reserves the right to grant licences to use the Software to third parties.
To the extent permitted under Law, ERD DESIGNER software is provided under an AS-IS basis. TheRogerLAB shall never, and without any limit, be liable for any damage, cost, expense or any other payment incurred by you as a result of Software’s actions, failure, bugs and/or any other interaction between The Software and your end-equipment, computers, other software or any 3rd party, end-equipment, computer or services. Moreover, TheRogerLAB shall never be liable for any defect in source code written by you when relying on ERD DESIGNER software.
No-Warranty: ERD DESIGNER software is provided without any warranty; you hereby disclaims any warranty that ERD DESIGNER software shall be error free, without defects or code which may cause damage to your computers or to you, and that Software shall be functional. You shall be solely liable to any damage, defect or loss incurred as a result of operating software and undertake the risks contained in running The Software on your Server[s] and Website[s].
No Refunds: As ERD DESIGNER software is intangible goods, you shall not be, ever, entitled to any refund, rebate, compensation or restitution for any reason whatsoever, even if ERD DESIGNER software contains material flaws.
Indemnification: You hereby warrants to hold TheRogerLAB harmless and indemnify TheRogerLAB for any lawsuit brought against it in regards to your use of ERD DESIGNER software in means that violate, breach or otherwise circumvent this license, your intellectual property rights or TheRogerLAB's title in ERD DESIGNER software. TheRogerLAB shall promptly notify you in case of such legal action and request your consent prior to any settlement in relation to such lawsuit or claim.
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to TheRogerLAB.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of UY.