End User License Agreement
This End User License Agreement is in a generic format that covers all Database Systems provided by FMP Solutions and therefore always uses the terms ‘Database’ or ‘Database System’ in referring to whatever product you have purchased or are licensed to use.
Your own specific EULA may refer to your product directly: for example; “FM Basics” or “FM Accounts” or “Sales Management System”, or “inventory Tracking System” or “Learning Management System”, etc.
In This Agreement, Eric Norris t/as FMP Solutions is referred to as The Company, and, as is set out under The Copyright, Designs and Patents Act 1988, The Company is acknowledged as The Database Author and Owner of the Copyright and Intellectual Property of the multi-table relational database system provided as ‘[Product Name]’, hereinafter referred to as ‘The Database’ or ‘The Database System’.
Terms and Conditions:-
1. The Client is not permitted to download and/or retain copies of the current version, or any previous or future versions of The Database System on any local device or media, except in the case that The Client has purchased a lifetime license to use The Database System and has agreed to protect the Copyright and Intellectual Property of The Database Author.
2. The Client acknowledges that they will not have exclusive use of The Database System, and that The Company has the right to offer The Database System to other users and vendors, except where The Client has agreed an exclusive lifetime licensing arrangement, and has signed an agreement to protect the Copyright and Intellectual Property of The Database Author.
3. The Client and the Client’s employees and any future contractors hired by The Client, or third parties tasked by The Client, must not: rent, lease, sub-license, loan, copy, modify, adapt, merge, translate, transfer, reverse engineer, de-compile, dissemble, disassemble or create derivative works based on the whole or any part of The Database System.
4. The Company has the right to ascertain that any alternative system to be used by The Client following their use of The Database System is not a previous version or rendition thereof, or copy, or reverse engineered, or dissembled, or derivative version of this Database System or any previous Database System provided by The Company to The Client for the same purpose.
5. The Company will provide The Client with a backup service in order that any lost or erroneously deleted data can be restored. The schedule for backups is set by The Company and is as follows: daily backups will preserve copies of The Database on a rolling seven day cycle; weekly backups will preserve copies on a rolling five week cycle; monthly backups will preserve copies on a six months rolling cycle.
6. The Client should inform The Company immediately upon realisation that data has been lost or accidentally deleted. Wherever possible The Company will attempt to find individual deleted records within a stored backup and re-import these records into the latest instance in current use. However The Client must accept that this may not be possible and that The Database System may need to be reset to the status of a previous day, or week, or month.
7. Where a specific user within The Client’s user group makes repetitious errors and/or user support requests, The Company has the right to withdraw support for that user until appropriate training is provided, either by The Company, or by a competent user within The Client’s user group.
8. The Company will maintain the Internet sharing service of The Database via an appropriately specified Internet Server on a nominal 24/7 operational basis. Although The Company takes steps to ensure the least service interruption possible, the Internet server may suffer some outage and disruption caused by the Company’s own Internet Service Provider. The Company cannot be held responsible for such outages or disruptions, or any consequential loss suffered by The Client.
9. From time to time The Company may need to shut down the service for maintenance reasons. The Company will always endeavour to carry out maintenance tasks during weekends, but occasionally some tasks may require to be carried out during normal business hours. Where this is the case, The Company will provide at least one day of notice and guarantee that the service interruption does not exceed a period of two hours.
10. The Client acknowledges that many of the functions provided within The Database System, such as email and printing services, depend upon the hardware and operating systems of their own devices in order to function correctly. It is the responsibility of The Client to ensure that their devices are correctly configured to enable all the functions within The Database System to work as intended.
11. The Client acknowledges that some functions provided within The Database System, such as individual user preferences and password changes, will depend upon each individuals’ access privilege level within their own device. It is the responsibility of The Client to ensure that their users have sufficient administration privileges on their own devices to enable all the functions within The Database System to work as intended.
12. The Client acknowledges that specific network ports are required to be open in order for their FileMaker Pro™ Client Applications to communicate correctly with the FileMaker™ Internet Server that is hosting The Database System. It is the responsibility of The Client to ensure that all of the ports required for correct Client/Server interaction, are open. Complete lists of all open ports required, for all recent versions of FileMaker Pro™, are available via the appropriate version of FileMaker Pro™ Online Help.
13. The Client must ensure that communication of faults of operation or service, and support requests, are communicated in a way that is appropriate for the level of the issue being reported. In general, urgent support issues should be communicated by telephone, with any additional details or images provided by email. Where a telephone call is not answered, The Client’s user must send a standard text message. Communication solely by email and/or Whatsapp messaging is acceptable, but only for non urgent issues, such as instruction requests.
14. The Client accepts that the Company is not responsible for lack of service where The Client’s users cannot access the Database Server for technical reasons beyond the control of The Company. e.g. network problems at The Client’s premises or problems with The Client’s devices.
15. The Company is not responsible for the updating and/or upgrading of any required FileMaker Pro™ application programs installed on The Client’s computers or mobile devices, as may be required by change of, or changes to, operating systems. As with all software, responsibility for the proper functioning of any third party software lies with the software vendor.
16. All payments due under this agreement are due monthly and in advance: i.e. payment for each month is due at the end of the previous month. Any agreement of duration less than six months is payable in full and in advance.
17. The Company has the right to deny or restrict The Client’s access to The Database System in the event that The Client has not paid any sums due to The Company. The Company will be the sole arbiter in such situations, except where overruled by a court of law.
18. Where the Client continues to use The Database System beyond the date of expiry of this agreement, The Client is required to pay the monthly cost as set out in This Agreement as ‘Rollover Cost’. The maximum permissible rollover period is three months, after which a new agreement will be required.
19. Where The Client chooses not to renew the use of The Database System, and upon proper termination of This Agreement, where all terms and conditions of this agreement have been adhered to, and all sums due under this agreement have been paid, The Company will provide The Client with copies of its data exported from all tables within The Database System in a spreadsheet format such as TAB, CSV or XLS. The Company’s data within The Database will then be permanently deleted.