SQL Effects Clarity for Sybase ASE distribution permissions and end-user license agreement
SQL Effects Clarity - End User License Agreement
This End User License Agreement ("License") is made between you ("you" or "You")
and SQL Effects ("SQL Effects"). This License contains the terms and conditions
by which SQL Effects provides and you access the computer software, services, and
technology consisting of the software, customization of the Software, documentation,
and associated materials or files distributed with the software.
By clicking the button marked "I Accept" in the install program, or by the act of
installing the software in any manner, you agree to be bound by the terms of this Agreement.
If you do not agree, please click the button marked "I do not accept" and do not install
1. Grant of License. This License permits you to use one copy of the specified version
of the Software for your own internal purposes for a stated trial period free-of-charge, and,
if you pay all fees and charges specified for the Software, you may use the Software on
a permanent-basis. The Software may not be used on more than one computer at a time or
by more than one user at a time. If you have purchased multiple Licenses for the
Software, then at any time you may have as many copies of the Software in use as you have
Licenses. The Software is "in use" on a computer when it is loaded into the temporary
memory (i.e. RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or
other storage device) of that computer.
2. Copyright. The Software is owned by SQL Effects or its suppliers or licensors and
is protected by United States copyright laws and international treaty provisions.
Therefore, you may not use, copy, or distribute the Software without authorization.
This License authorizes you to make one copy of the Software solely for backup or
3. Restrictions. You may not rent, lease or loan the Software. You may not
reverse engineer, decompile or disassemble the Software, except to the extent
the foregoing restriction is expressly prohibited by applicable law. You may
not modify or create derivative works of the Software, in whole or in part.
4. Payment Terms. You may use the Software free-of-charge for a stated trial period,
beginning on the date you first download the software, click the "I Accept" button in the
setup program, or otherwise install the software. If you continue to use the Software
after the stated trial period, you shall pay all fees and charges specified in
SQL Effects’s current fee schedule or in the relevant sales quotation provided by
SQL Effects to you. If you do not wish to use the Software after the stated trial period,
you must delete the Software from your computer equipment or storage device.
SQL Effects may terminate this License if SQL Effects does not receive timely payment
of all amounts due for the use of the Software. You agree to pay any taxes, including
personal property taxes or sales taxes, resulting from your use of the SQL Effects Software.
You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.
5. NO WARRANTIES. YOU ASSUME THE ENTIRE COST OF ANY DAMAGE RESULTING FROM THE INFORMATION
CONTAINED IN OR COMPILED BY THE SOFTWARE. YOU ASSUME ALL RESPONSIBILITIES FOR
SELECTION OF THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF,
USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, SQL Effects DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE SOFTWARE. SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS WHICH VARY FROM JURISDICTION TO JURISDICTION.
6. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, IN NO EVENT SHALL SQL Effects OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY
DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS,
BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS)
ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF SQL Effects HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SQL Effects’S
TOTAL LIABILITY TO YOU FOR ALL DAMAGES IN ANY ONE OR MORE CAUSE OF ACTION EXCEED
THE AMOUNT PAID BY YOU FOR THE SOFTWARE. THIS LIMITATION SHALL APPLY REGARDLESS OF
THE FAILURE OF ANY ESSENTIAL REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
7. U.S. Government-Restricted Rights. The Software is deemed to be "commercial
computer Software" and "commercial computer Software documentation,"
respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable.
Any use, modification, reproduction release, performance, display or disclosure of the
Software and accompanying documentation by the U.S. Government shall be governed
solely by the terms of this License and shall be prohibited except to the extent
expressly permitted by the terms of this License.
8. Export Restrictions. You may not download, export, or re-export the Software (a) into,
or to a national or resident of, any country to which the United States has embargoed goods,
or (b) to anyone on the United States Treasury Department’s list of Specially Designated
Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or
using the Software, you are representing and warranting that you are not located in, under
the control of, or a national or resident of any such country or on any such list.
9. Marketing Use. You agree to allow your company name to be listed as a customer on the
SQL Effects website and other marketing materials. Your individual name will not be
used, except as mutually agreed.
10. General. SQL Effects may terminate this License upon notice at any time if you
breach any of the terms of this License. This License is governed by the laws of the
United States and the State of California, without reference to conflict of
laws principles. This License is the entire agreement between you and SQL Effects and
supersedes any other communications or advertising with respect to the Software. If any
provision of this License is held invalid, the remainder of this License shall continue
in full force and effect.