End user agreement for SQL Decryptor
SQL Decryptor End User License Agreement ("EULA")
IMPORTANT NOTICE: Please read this Agreement carefully.
This License Agreement (the "Agreement") is a legal agreement between you (an individual or an entity) and Optillect LLC for the SQL Decryptor software product, which includes computer software and electronic documentation. You should carefully read the following terms and conditions before using the Software product.
BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU (HEREINAFTER "CUSTOMER" OR "YOU") ARE EXPRESSLY AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THESE TERMS ARE CONSIDERED AN OFFER BY OPTILLECT LLC, ASA ("Optillect"), ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. OPTILLECT IS WILLING TO MAKE THE SOFTWARE AVAILABLE TO YOU ONLY UPON THE CONDITION THAT YOU ACCEPT THE TERMS OF THIS AGREEMENT. WRITTEN APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF THIS AGREEMENT. THE SOFTWARE PRODUCT IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE SOFTWARE PRODUCT.
TERMS AND CONDITIONS.
For purposes of this Agreement, the following terms will have the following meanings:
1.1 "Customer" or "you" means the legal entity or person who orders or downloads the Software.
1.2 "Documentation" means the standard end-user technical documentation, specifications, materials and other information Optillect supplies with the Software.
1.3 "Software" means the proprietary Optillect software products delivered to you hereunder (including but not limited to the SQL Decryptor), together with any update or upgrade thereto, when and if made available to you by Optillect. Software may include Third Party Software.
1.4 "Third Party Software" means the software of certain third parties which Optillect may deliver with the Software.
1.5 "Install", "Installing", "Installation" or "Installed" in connection with the Software includes the downloading of the Software from the Optillect's or any third party's remote server.
1.6 "Use" means to cause a computer system to execute any machine-executable portion of the Software in accordance with the Documentation or to make use of any Documentation or related materials in connection with the execution of any machine-executable portion of the Software.
1.7 "License" means this Agreement, supported by one or more Key Files.
1.8 "Key File" means computer file that contains additional restrictions (in non human-readable form) to Use this major version of the Software. The Key File is considered as a part of the Software which provided on fee basis or for free by Optillect or any authorized third-party.
1.9 "Support" means the support and updated for the Software.
2.1 Subject to the terms and conditions of this Agreement, Optillect hereby grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to Install and Use the Software supplied to Customer hereunder, as Installed on your personal computer, including your laptop, desktop or on computers within Customer's organization.
2.2 The Software abides by "Pay if you like" model, which implies that Optillect gives you charge-free license by default, but if only and only if you like the Software you can (but not obliged to) purchase the License by your sole decision for the fee set by Optillect.
This agreement only gives you some rights to Use the Software. Optillect reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may Use the Software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the Software that only allow you to Use it in certain ways.
Customer shall not and shall not allow any third party to:
3.1 Use the Software except as expressly permitted under Section 2.
3.2 Work around any technical limitations in the software.
3.3 Reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for the Software, (a) except and only to the extent that applicable law expressly permits, despite this limitation, or (b) solely to the extent required debugging changes to any third party LGPL-libraries linked to by the Software.
3.4 Separate the component programs of the Software for use on different computers.
3.5 Adapt, alter, publicly display, publicly perform, translate, embed into any other product or otherwise create derivative works of, or otherwise modify the Software.
3.5 Sublicense, lease, rent, loan, transfer, or distribute the Software to any third party.
3.6 Remove, alter or obscure any proprietary notices on the Software, or the applicable documentation therefore.
3.7 Allow third parties to access or Use the Software, including without limitation any use in any application service provider environment, service bureau, or time-sharing arrangements.
4. THIRD PARTY SOFTWARE.
4.1. Third Party Software is subject to separate terms and conditions included with, or contained in the setup installation segments of such Third Party Software. The license restrictions contained in this License Agreement do not apply to Third Party Software to the extent they are inconsistent with such Third Party Software terms.
4.2. The Customer is obliged to abide by these third parties license terms. Consequently they are part of this License Agreement.
4.3. The Software uses a third-party library, named ICSharp.AvalonEdit, in original (unmodified) binary form, which is licensed under The GNU Lesser General Public License (LGPLv3). You can download this third party library and its source code from <www.avalonedit.net>, and found the corresponding license agreement in the installation directory of SQL Decryptor or at <http://www.opensource.org/licenses/lgpl-3.0.html>.
5. PROPRIETARY RIGHTS.
Customer acknowledges and agrees that the Software, including without limitation the Software's sequence, structure, organization, source code and applicable documentation contains valuable trade secrets and other intellectual property of Optillect and its suppliers and is considered Optillect's confidential information. The Software is licensed and not sold to Customer, and no title or ownership to such Software or the intellectual property rights embodied therein passes as a result of this Agreement or any act pursuant to this Agreement. The Software and all intellectual property rights therein are the exclusive property of Optillect and its suppliers, and all rights in and to the Software not expressly granted to Customer in this Agreement are reserved. Optillect owns all copies of the Software, however made. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Optillect, except to the extent necessary for Customer to Use the Software as expressly permitted under this Agreement.
6. SUPPORT SERVICES.
6.1 The Software is provided "AS IS", therefore we may not provide support services even though you paid for the License.
6.2 Optillect provides the Support via e-mail, its web-site and forums. Other kind of support services are not guaranteed.
7. TERM AND TERMINATION.
The term of this Agreement will commence upon your download of the Software and will continue in perpetuity. This Agreement will immediately terminate upon your breach of this Agreement, unless such breach is curable and is actually and immediately cured by you after Optillect provides notice of breach to you. Upon the termination of this Agreement, you will discontinue all use of the Software, promptly destroy or have destroyed the Software and any copies thereof, and, upon request by Optillect, certify in writing to Optillect that such destruction has taken place. These remedies are cumulative and in addition to any other remedies available to Optillect. Sections 1, 3, 4, 5, 7, 8, 9, and 10 shall survive such termination.
8. LEGAL EFFECT.
This Agreement describes certain legal rights. You may have other rights under the laws of your country. You may also have rights with respect to the party from whom you acquired the Software. This Agreement does not change your rights under the laws of your country if the laws of your country do not permit it to do so.
9. DISCLAIMER OF WARRANTIES.
THE SOFTWARE IS PROVIDED "AS IS," AND ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, ACCURACY OR COMPLETENESS, SATISFACTORY QUALITY, AND QUIET ENJOYMENT, OR OTHER WARRANTIES OR CONDITIONS ARISING BY STATUTE, OPERATION OR LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE ARE HEREBY DISCLAIMED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. OPTILLECT DOES NOT WARRANT THAT THE USE OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THIS WARRANTY DISCLAIMER IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND OPTILLECT. OPTILLECT WOULD NOT PROVIDE THE SOFTWARE ABSENT SUCH DISCLAIMER. NO REPRESENTATIONS OR WARRANTIES ARE MADE BY ANY SUPPLIERS TO OPTILLECT UNDER OR BY VIRTUE OF THIS AGREEMENT.
10. LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPTILLECT OR ITS OWNERS, EMPLOYEES, AGENTS, ASSOCIATES, AFFILIATES, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF OPTILLECT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.