EXTREME DATA SYSTEMS
SOFTWARE LICENSE TERMS
SQL
LOCATOR
These license terms are an
agreement between Extreme Data Systems (or based on where you live, one of its
affiliates) and you. Please read
them. They apply to the software named
above, which includes the media on which you received it, if any. The terms also apply to any Extreme Data
· updates,
· supplements,
· Internet-based services, and
· support services
for this software, unless other
terms accompany those items. If so,
those terms apply.
BY USING THE SOFTWARE, YOU
ACCEPT THESE TERMS. IF YOU DO NOT
ACCEPT THEM, DO NOT USE THE SOFTWARE.
IF
YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE
YOU ACQUIRE.
1. OVERVIEW.
a. Software. The
software includes development tools, software programs and documentation.
3. INTERNET-BASED SERVICES. Extreme Data
provides Internet-based services with the software. It may change or cancel them at any time.
4. DOCUMENTATION. Any
person that has valid access to your computer or internal network may copy and
use the documentation for your internal, reference purposes.
5. NOT FOR RESALE
SOFTWARE. You may not sell software marked as “NFR” or “Not for
Resale.”
6. EXPORT
RESTRICTIONS. The software is subject to United States export laws
and regulations. You must comply with
all domestic and international export laws and regulations that apply to the
software. These laws include
restrictions on destinations, end users and end use.
7. SUPPORT SERVICES. Extreme
Data provides support services for the software as described at www.SQLLocator.com.
17. ENTIRE AGREEMENT.
This agreement (including the
warranty below), and the terms for supplements, updates, Internet-based services
and support services that you use, are the entire agreement for the software
and support services.
8. APPLICABLE LAW.
a. United States. If
you acquired the software in the United States, Washington state law governs
the interpretation of this agreement and applies to claims for breach of it,
regardless of conflict of laws principles.
The laws of the state where you live govern all other claims, including
claims under state consumer protection laws, unfair competition laws, and in
tort.
b. Outside the United States. If you acquired the
software in any other country, the laws of that country apply.
9. LEGAL EFFECT. This
agreement describes certain legal rights.
You may have other rights under the laws of your state or 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 state
or country if the laws of your state or country do not permit it to do so.
10. LIMITATION ON AND
EXCLUSION OF DAMAGES. YOU CAN RECOVER
FROM EXTREME DATA AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU
PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING
CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
This limitation applies to
· anything related to the software, services, content
(including code) on third party Internet sites, or third party programs; and
· claims for breach of contract, breach of warranty,
guarantee or condition, strict liability, negligence, or other tort to the
extent permitted by applicable law.
It also applies even if
· repair, replacement or a refund for the software does
not fully compensate you for any losses; or
· Extreme Data knew or should have known about the
possibility of the damages.
Some states do not allow the
exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
They also may not apply to you because your country may not allow the
exclusion or limitation of incidental, consequential or other damages.
***********************************************************************
LIMITED WARRANTY
A. LIMITED
WARRANTY. If you follow the instructions, the software will perform
substantially as described in the Extreme Data materials that you receive in or
with the software.
B. TERM OF
WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED WARRANTY COVERS THE SOFTWARE FOR
ONE YEAR AFTER ACQUIRED BY THE FIRST USER.
IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT
YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS,
WHICHEVER IS LONGER. If the first user transfers the software, the
remainder of the warranty will apply to the recipient.
TO THE EXTENT PERMITTED
BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE
TERM OF THE LIMITED WARRANTY. Some states do not allow limitations on how
long an implied warranty lasts, so these limitations may not apply to you. They also might not apply to you because
some countries may not allow limitations on how long an implied warranty,
guarantee or condition lasts.
C. EXCLUSIONS
FROM WARRANTY. This warranty does not cover problems caused
by your acts (or failures to act), the acts of others, or events beyond Extreme
Data’s reasonable control.
D. REMEDY FOR
BREACH OF WARRANTY. EXTREME DATA WILL
REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE.
IF EXTREME DATA CANNOT REPAIR OR REPLACE IT, EXTREME DATA WILL REFUND
THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND
REPLACEMENT SOFTWARE AT NO CHARGE. IF
EXTREME DATA CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID
FOR THEM, IF ANY. YOU MUST UNINSTALL
THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO EXTREME
DATA WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. CONSUMER
RIGHTS NOT AFFECTED. YOU MAY HAVE
ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT
CHANGE.
F. WARRANTY
PROCEDURES. You need proof of purchase for warranty service.
G. NO OTHER
WARRANTIES. THE LIMITED WARRANTY IS THE
ONLY DIRECT WARRANTY FROM EXTREME DATA.
EXTREME DATA GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR
CONDITIONS. WHERE ALLOWED BY YOUR LOCAL
LAWS, EXTREME DATA EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If your local laws give you any
implied warranties, guarantees or conditions, despite this exclusion, your
remedies are described in the Remedy for Breach of Warranty clause above, to
the extent permitted by your local laws.
H. LIMITATION ON
AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES
TO BREACHES OF THIS LIMITED WARRANTY.
THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE
TO STATE. YOU MAY ALSO HAVE OTHER
RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
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