End user agreement for ClearSQL
NORDIC TREE SOFTWARE
CLEARSQL SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA")
IS A LEGAL AGREEMENT BETWEEN YOU, EITHER AN INDIVIDUAL OR
A SINGLE ENTITY ("CUSTOMER" OR "YOU"), AND NORDIC TREE SOFTWARE.
READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND
USING THE SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE
AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS.
BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR
ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE
TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY
THESE TERMS, THEN SELECT THE "CANCEL" BUTTON, DO NOT INSTALL
THE SOFTWARE AND RETURN THE SOFTWARE TO YOUR PLACE OF PURCHASE
FOR A FULL REFUND.
(a) "Nordic Tree" means Nordic Tree Software and its suppliers
and licensors, if any.
(b) "Not For Resale (NFR) Version" means a version of the Software,
so identified, to be used to review and evaluate the Software, only.
(c) "Software" means the ClearSQL software program supplied by
Nordic Tree herewith, which may also include documentation,
associated media, printed materials, and online and electronic
This EULA allows you to:
(a) Install and use the Software on a single computer; OR install and
store the Software on a storage device, such as a network server,
used only to install the Software on your other computers over
an internal network, provided you have a license for each separate
computer on which the Software is installed and run. A license for
the Software may not be shared or used concurrently on different
(b) Make one copy of the Software in machine-readable form solely for
backup purposes. You must reproduce on any such copy all copyright
notices and any other proprietary legends on the original copy of
(c) If Nordic Tree designates the Software as a "Not For Resale (NFR)
Version" version, then Customer's license rights under this EULA
shall extend solely for a 30 day evaluation period, during which
Customer's use is restricted solely to permit Customer to determine
whether to purchase an ongoing license to the Software. Customer may
make a reasonable number of copies of the Demo version of this
Software, including documentation, for internal distribution,
provided that any such copies are unmodified and exact.
Customer is specifically prohibited from charging or requesting
donations for any such copies; and from distributing Demo versions
of the Software to third parties without prior written permission.
Unregistered use of the Software, including documentation, beyond
the 30 day evaluation period violates federal copyright laws.
NFR versions are provided strictly on an "as is" basis and Section 6(a)
does not apply.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute
copies of the Software, or electronically transfer the Software from
one computer to another or over a network.
(b) You may not decompile, reverse engineer, disassemble, or otherwise
reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) You may permanently transfer all of your rights under this EULA
only as part of a sale or transfer, provided you retain no copies,
you transfer all of the Software (including all component parts,
the media and printed materials, any upgrades, this EULA, and
the serial numbers), and the recipient agrees to the terms of
this EULA. If the Software is an upgrade, any transfer must include
all prior versions of the Software. You may not sell or transfer any
Software purchased under a volume discount.
(e) You may not modify the Software or create derivative works based upon
(f) In the event that you fail to comply with this EULA, Nordic Tree may
terminate the license and you must destroy all copies of the Software.
If this copy of the Software is an upgrade from an earlier version of the Software,
it is provided to you on a license exchange basis. You agree by your installation
and use of this copy of the Software to voluntarily terminate your earlier EULA and
that you will not continue to use the earlier version of the Software or transfer
it to another person or entity unless such transfer is pursuant to Section 3.
The foregoing license gives you limited license to use the Software.
Nordic Tree and its suppliers retain all right, title and interest, including
all copyrights, in and to the Software and all copies thereof. All rights not
specifically granted in this EULA, including Federal and International Copyrights,
are reserved by Nordic Tree and its suppliers.
6. LIMITED WARRANTY AND DISCLAIMER
(a) LIMITED WARRANTY. Nordic Tree warrants that, for a period of ninety (60)
days from the date of delivery (as evidenced by a copy of your receipt):
(i) when used with a recommended hardware configuration, the Software will
perform in substantial conformance with the documentation supplied with
the Software; and (ii) the physical media on which the Software is furnished
will be free from defects in materials and workmanship under normal use.
(b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY,
NORDIC TREE AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS
OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF
NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY
WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED
IN DURATION TO SIXTY (60) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY NORDIC TREE, ITS DEALERS, DISTRIBUTORS,
AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE
OF THIS WARRANTY.
(c) (USA ONLY) SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Software to the place you
acquired it, with a copy of your receipt and a description of the problem.
Nordic Tree will use reasonable commercial efforts to supply you with a replacement
copy of the Software that substantially conforms to the documentation, provide
a replacement for defective media, or refund to you your purchase price for the
Software, at its option. Nordic Tree shall have no responsibility if the Software
has been altered in any way, if the media has been damaged by accident, abuse
or misapplication, or if the failure arises out of use of the Software with other
than a recommended hardware configuration.
8. LIMITATION OF LIABILITY
(a) NEITHER NORDIC TREE NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS,
LOSS OF PROFITS, BUSINESS INTERRUPTION OR DELAY, OR LOSS OR INABILITY
TO USE DATA), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE
OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF
CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF NORDIC TREE OR ITS REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF
A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL
(b) NORDIC TREE'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE
WHATSOEVER WILL BE LIMITED TO THE SUM OF ANY AMOUNTS PAID BY YOU FOR
THE SOFTWARE TO NORDIC TREE.
9. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth
above are fundamental elements of the basis of the agreement between
Nordic Tree and you. Nordic Tree would not be able to provide the Software
on an economic basis without such limitations.
10. General Provisions
This EULA contains the complete agreement between the parties with respect
to the subject matter hereof, and supersedes all prior or contemporaneous
agreements or understandings, whether oral or written.
ClearSQL is trademark of Nordic Tree Software
Third party trademarks, trade names, product names and logos may be
the trademarks or registered trademarks of their respective owners.