End user agreement for SQL CodeSecure
SQL CODESECURE END-USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END-USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND DEVELOPER. 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 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, DO NOT INSTALL OR USE THE SOFTWARE.
a) “Authorized Operating Systems” means the desktop, server and standard-laptop versions of the following operating systems:
• Microsoft Windows operating systems (including desktop, server and standard-laptop PC versions of Windows 2000, XP, 2003 and Vista).
b) "Developer" means Christian M. Bautista.
c) "Software" means only the SQL CodeSecure and its “backend” database code and third party software programs, in each case, supplied by Developer therewith, and corresponding documentation, associated media, printed materials, and online or electronic documentation, and all updates or upgrades of the above that are provided to you.
For the avoidance of doubt, no embedded or device versions of the above operating systems, or any other operating systems, are included as Authorized Operating Systems.
2. License Grants
a) You may install and use the Software on a computer that runs an Authorized Operating System. A license for the Software may not be shared, installed or used concurrently on different computers.
b) You agree that Developer may audit your use of the Software for compliance with these terms at any time, upon reasonable notice. In the event that such audit reveals any use of the Software by you other than in full compliance with the terms of this Agreement, you shall reimburse Developer for all reasonable expenses related to such audit in addition to any other liabilities you may incur as a result of such non-compliance.
c) Your license rights under this EULA are non-exclusive.
Certain rights are not granted under this Agreement, but may be available under a separate agreement. If you would like to enter into a distribution agreement or learn of other licensing strategies, please contact Developer at firstname.lastname@example.org or email@example.com.
3. License Restrictions
a) You may not use the Software on any non-PC product or any embedded or device versions of the above operating systems, including, but not limited to, (A) mobile devices, set top boxes (STB), handhelds, phones, web pads, TVs, DVD players, electronic billboards or other digital signage, internet appliances or other internet-connected devices, PDAs, medical devices, ATMs, telematic devices, gaming machines, home automation systems, kiosks, remote control devices, or any other consumer electronics device, (B) operator-based mobile, cable, satellite, or television systems, (C) other closed system devices, or (D) any operating system that is not an Authorized Operating System.
b) You may not make or distribute copies of the Software, or electronically transfer the Software from one computer to another or over a network.
c) You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
d) You may not sell, rent, lease, or sublicense the Software.
e) You may not modify the Software or create derivative works based upon the Software.
g) In the event that you fail to comply with this EULA, Developer may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
h) You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
The foregoing license gives you limited license to use the Software. Developer and its suppliers retain all right, title and interest, including all copyright and intellectual property rights, 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 Developer and its suppliers.
5. WARRANTY DISCLAIMER
a) DEVELOPER AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. DEVELOPER DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.
b) NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY DEVELOPER, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
c) DEVELOPER SHALL HAVE NO RESPONSIBILITY IF THE SOFTWARE HAS BEEN ALTERED IN ANY WAY, OR FOR ANY FAILURE THAT ARISES OUT OF USE OF THE SOFTWARE WITH OTHER THAN A RECOMMENDED HARDWARE CONFIGURATION, PLATFORM OR OPERATING SYSTEM.
6. LIMITATION OF LIABILITY
a) NEITHER DEVELOPER NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF DEVELOPER 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 PURPOSE.
b) DEVELOPER'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $10 OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
c) THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA
7. Third Party Software
The Software may contain third party software which requires notices and/or additional terms and conditions. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.
All questions concerning this EULA shall be directed to: firstname.lastname@example.org.
Developer and other trademarks contained in the Software are trademarks or registered trademarks of Christian M. Bautista in the United States and/or other countries. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This EULA does not authorize you to use Developer’s or its licensors' names or any of their respective trademarks.