
License Terms:
License
- Under this Software License Agreement (the "Agreement"), SQLEDT LLC, (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License"), to use the Licensee Product on one of their machines.
- "Software" includes
software libraries and any related printed, electronic and online
documentation and any other files that may accompany the product.
- Title,
copyright, intellectual property rights of the
Software remain exclusively with the Vendor. This Agreement
constitutes a license for use only and is not in any way a transfer of
ownership rights to the Software.
-
The Software may be loaded onto no more than one developer machine. A single copy may be made for backup purposes only.
-
The licensee may not reverse engineer, decompile, or disassemble any portion of the software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
-
The rights and obligations of this Agreement are rights granted to
the Licensee only. The Licensee may not transfer or assign any of the
rights or obligations granted under this Agreement to any other person
or legal entity.
- Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.
License Fee - The
original purchase price paid by the Licensee will constitute the entire
license fee and is the full consideration for this Agreement.
Limitation of Liability - The
Software is provided by the Vendor and accepted by the Licensee "as
is". Liability of the Vendor will be limited to a maximum of the
original purchase price of the Software. The Vendor will not be liable
for any general, special, incidental or consequential damages
including, but not limited to, loss of production, loss of profits,
loss of revenue, loss of data, or any other business or economic
disadvantage suffered by the Licensee arising out of the use or failure
to use the Software.
- The Vendor makes no warranty
expressed or implied regarding the fitness of the Software for a
particular purpose or that the Software will be suitable or appropriate
for the specific requirements of the Licensee.
- The
Vendor does not warrant that use of the Software will be uninterrupted
or error-free. The Licensee accepts that software in general is prone
to bugs and flaws within an acceptable level as determined in the
industry.
Warrants and Representations - The
Vendor warrants and represents that it is the copyright holder of the
Software. The Vendor warrants and represents that granting the license
to use this Software is not in violation of any other agreement,
copyright or applicable statute.
Acceptance - All
terms, conditions and obligations of this Agreement will be deemed to
be accepted by the Licensee ("Acceptance") on installation of the
Software.
User Support - Email support and updates are included for 6 months(Professional)/1 year (Ultimate) from the date of purchase.
Term - The term of this Agreement will begin on Acceptance and is perpetual.
Termination - This
Agreement will be terminated and the License forfeited where the
Licensee has failed to comply with any of the terms of this Agreement
or is in breach of this Agreement. On termination of this Agreement for
any reason, the Licensee will promptly destroy the Software or return
the Software to the Vendor.
Force Majeure - The
Vendor will be free of liability to the Licensee where the Vendor is
prevented from executing its obligations under this Agreement in whole
or in part due to Force Majeure, such as earthquake, typhoon, flood,
fire, and war or any other unforeseen and uncontrollable event where
the Vendor has taken any and all appropriate action to mitigate such an
event.
Miscellaneous - This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
- This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
- Headings
are inserted for the convenience of the parties only and are not to be
considered when interpreting this Agreement. Words in the singular mean
and include the plural and vice versa. Words in the masculine gender
include the feminine gender and vice versa. Words in the neuter gender
include the masculine gender and the feminine gender and vice versa.
- If
any term, covenant, condition or provision of this Agreement is held by
a court of competent jurisdiction to be invalid, void or unenforceable,
it is the parties' intent that such provision be reduced in scope by
the court only to the extent deemed necessary by that court to render
the provision reasonable and enforceable and the remainder of the
provisions of this Agreement will in no way be affected, impaired or
invalidated as a result.
- This Agreement contains the
entire agreement between the parties. All understandings have been
included in this Agreement. Representations which may have been made by
any party to this Agreement may in some way be inconsistent with this
final written Agreement. All such statements are declared to be of no
value in this Agreement. Only the written terms of this Agreement will
bind the parties.
- This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.