Terms & Conditions

END USER LICENCE AGREEMENT
Between
dBSea Ltd & User

 

This relates to users having purchased dBSea and owning a licence.


CAREFULLY READ AND UNDERSTAND THIS DOCUMENT.
IF A USER INSTALLS DBSEA THEY ACCEPT TO BE BOUND BY THE CONDITIONS HEREIN.

 


SPECIFICATION

This contract encompasses all programs and modules (herein called Product) that dBSea Ltd, and agents granted license by dBSea Ltd, (herein called Developer) have developed for underwater acoustic assessment.

User is anyone running all or part of the Product on a computer.

Developer only has responsibilities to Users having legally purchased the Product, subsequent to full payment, and only for the duration of the maintenance period (section UPGRADES & SUPPORT).

Licence is a physically or digitally represented key that grants one or more users rights and access to use the full version of the Product.


LICENCING

Licences are given by Developer to the User.

User may not transfer, lease, sub-licence or rent out their licence.

There are 3 licence types (Local, LAN and WAN) available for the Product

Local

A Local licence grants the User rights and option to run 10 concurrent instances of the Product on a single machine and solely as an end user.

Efforts to circumvent this, such as remote desktop, VPNs or other remote access options are in breach of the Local user licence rights.

A Local licence may be shared by multiple end users by physically moving the licence between machines.

LAN

A LAN (Local Area Network) licence has any number of licences attached to it and allows 10 concurrent instances per machine of the Product to run on the same number of machines as there are licences, where machines are connected to the same LAN as a the machine with the licence.

A LAN licence is a multi-user option for a single geographical area. This can be over multiple physical offices but must reflect a single local area e.g. as per User’s organisation regional offices.

Generally, a LAN user must be within 50 km of the machine with the LAN licence, unless agreed with Developer in writing.

To use a LAN licence the User’s machine must either be directly connected to the licence or be connected to the same LAN as the machine with the licence.

WAN

A WAN (Wide Area Network) licence has any number of licences attached to it and allows 10 concurrent instances per machine of the Product to run on the same number of machines as there are licences, where machines are connected to the internet and configured to access the licence on the machine with the licence.

To use a WAN licence the User’s machine must either be directly connected to the licence or be connected via the internet to the machine with the licence.

A WAN licence is a multi-user, multi-location option for worldwide use.

A 1-licence WAN licence allows 10 concurrent instances per machine of the Product to run on 1 machine across 2 physical locations worldwide.

A 2-licence WAN licence allows 10 concurrent instances per machine of the Product to run on 2 machines across 3 physical locations worldwide.

Or generally: An N-licence WAN licence allows 10 concurrent instances per machine of the Product to run on N machines across N+1 physical locations worldwide.

“Locations” are interpreted as per subsection “2 LAN” above, with 50 km as the limit for any one location.


DEVELOPER

Only Developer is allowed to make changes to the Product and accompanying written materials.

Developer will continue to improve and upgrade the Product. It is not the responsibility of Developer to inform the User of changes to the Product outside the “Release Notes”, accessible from within the Product.

Any disadvantage occurring to the User following the use of the Product is not the responsibility of Developer.

Developer will document modifications of the Product, and periodically upgrade accompanying written materials and documentation.

Developer will provide assistance and support as set out in section UPGRADES & SUPPORT.

Developer will prioritise fixing software errors, especially where those inhibit user from using the Product.


USER RESTRICTIONS

All information associated with the Product provided by Developer, outside what Developer has made public, to the User shall be considered “Confidential Information”.

User agrees not to share:

  • Any confidential and proprietary information about the Product that could put the Developer at a disadvantage.

  • Any information that could reasonably aid in deconstructing, reverse engineering or copying the Product.

  • Any Confidential Information that would or might reasonably be expected to provide an advantage to the Developer’s competitors.

  • Any information known by User to be secret or confidential to Developer.

User hereby agrees to indemnify, defend, save and hold harmless Developer with regard to any unauthorized disclosure, circumvention or breach of this Agreement. It is also agreed that, in addition to any other rights or remedies at law or in equity, Developer shall have the right to enjoin any unauthorized circumvention, disclosure, or use of the Confidential Information.

Any modification, adaption, translation, reverse engineering, decompiling, disassemblement, attempt to discover the source code of the software or the creation of any derivative work based on the Product, is strictly prohibited.

User agrees to be bound by licencing terms (section LICENCING) and not to sell on or otherwise transfer the licence without written consent from the Developer.

  • Exempt from this is where User or User’s organisation changes legal ownership and there is a general transfer of ownership.

In the events that User transfers or attempts to transfer the Product without written consent from Developer, any rights associated with this Agreement, or discloses any Confidential Information, then Product Licences and User’s rights will be terminated immediately and automatically by Developer without further notice.

Upon termination, the User shall immediately return any physical hardware and return, destroy or delete any licence or key for access to the full version of the Product. Any termination shall not affect the accrued rights of Developer, nor shall it affect any provision of this Agreement which is expressly or by implication intended to continue in force after such termination.


UPGRADES & SUPPORT

New Users (within 12 month of purchase) and Users paying “Maintenance” fee will receive “Elevated support”. Other user will receive “Basic support”


dBSea Maintenance

An annual subscription is available for Users who wish to receive Elevated support and Product upgrades. This annual fee is 15 % of the current sales price of the licence type of the User. Where a User is outside the initial 12 months after purchase of the Product or has not paid for Maintenance, User can choose to back-pay from last date of being in maintenance to 12 months after the date of payment. In effect if the user is 5 years outstanding the fee is 15 % of current sales price times 5+1 years, or 90 % of current sales price. After 6 years User may choose to buy the Product anew, rather than back-pay.

Basic Support

Basic support is given to all users of dBSea and includes assistance with installation on machines running a recent version of Microsoft Window (version 7 or later).

Versions of the Product of the same major version at the purchased version are available under Basic Support.

Elevated Support

Users that have purchased the Product within the last 12 months or are within a Maintenance period will receive Elevated support.

Developer will prioritise User’s queries over queries from non-paying users.

Developer will assist user in understanding concepts related to the use of the Product.

Developer will review modelling scenarios with respect to the conceptual correctness and efficient use of the Product.

  • Developer will not be required to comment on project specific concepts or modelling input suitability or results where those can make Developer legally liable for their correctness.

Developer will assist in setting up machines to host and access licences.

Developer will provide AV link support where agreed by User and Developer to be beneficial to the support query in question. Time and platform must be agreed by Developer and User prior to commencement. Developer will seek to accommodate the User’s needs, but will commit to no more than 2 hours over any 12 months.

Where feasible, Developer will seek to address specific needs of User either through specific development of the Product or auxiliary app or procedures.

All updates to the Product are available (via internet download) to User under Elevated support.


TRAINING

  • Introduction to dBSea
    Developer will provide 2 hours’ introduction via AV link with a new purchase of the Product. The aim of the introduction is to familiarise the User with the Product, the general use and its limitations. Developer will seek to address any special queries as requested by the User if suitable notice is given (>7 working days[1]). The time of the introduction shall be agreed by both parties, and AV link will use Developer’s choice of service provider (currently Microsoft Teams) or a compatible solution provided by the User at no cost to Developer.


  • Advanced Training
    Developer can offer individualised training on the software usage and advanced training on model setup. Please contact Developer or distributor to discuss the training objectives, schedule and associated costs.


LIMITED WARRENTY

Where licences are contained in a hardware device (“key”) the Developer only guarantees this product for 12 months from purchase of the product and will only replace a malfunctioning key upon receipt of the actual hardware.

If a key is faulty after 12 months, and has been returned to Developer, User can purchase a replacement key for a replacement fee (typically € 150-250 + shipping, depending on key type).

Should a physical licence be misplaced or lost this is the sole responsibility of the User.

Developer is under no obligation to provide new licences at discounted rates.

The Product is provided “as is” with no warranty of accuracy or suitability for certain tasks. Any disadvantage to the User following the use of the Product is entirely the responsibility of the User. User agrees to assume all risks associated with the use of the Product and to hold the Developer free of any disadvantage from the User’s use of the Product.

The Product is not guaranteed to be free of errors.


RESPONSIBILITIES

Secrecy

Data provided to Developer for customer assistance will be viewed as business secrets and not used without the User’s written permission both during the duration of this contract and afterwards.

Notices

To be effective, any notice hereunder shall be in writing, delivered by persons or mailed by certified or registered mail, postage prepaid, to the appropriate party or parties at the addresses set forth on the first page, or to such other address as the parties may hereinafter designate. Any notice given by mail and sent within one country to an address of one of the parties shall be deemed to have been given when 48 hours elapsed from the time when such notice was deposited at a suitable courier. Any notice given by mail and sent internationally to an address of one of the parties shall be deemed to have been given when 10 days elapsed from the time when such notice was deposited at a suitable courier. Any notice hereunder may also be sent via electronic transmission. Any notice given by electronic transmission shall be deemed to have been given when 24 hours have elapsed from time to time when such notice was sent.

General

Changes and annexes to this contract must be in written form and mutually agreed upon between parties.

This Agreement constitutes the entire agreement between Developer, the Distributor and the Customer concerning Maintenance of the dBSea Product. If any provision of this Agreement shall be declared void or enforceable, the validity of this Agreement and all other provisions shall not be affected.

dBSea Ltd.


[1] There are 5 working days in a week, Saturday and Sunday are not working days.

 

Downloads

Clicking the below link implies that you have agreed to the above End User License Agreement

dBSea 2.3.4 full version (requires HASP key or trial licence)