PLEASE READ THE FOLLOWING LICENSE AGREEMENT CAREFULLY. ANY USE OF SOFTWARE DOWNLOADED OR ACQUIRED BY OTHER MEANS FROM ZOHO Corporation IS PERMITTED ONLY UNDER LICENSE WITH ZOHO Corporation. BY DOWNLOADING THIS SOFTWARE YOU AGREE TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT. INDICATE YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT BY CLICKING ON THE "I AGREE WITH THE LICENSING TERMS" BUTTON. IF YOU DO NOT AGREE TO BE BOUND BY THESE PROVISIONS, YOU SHOULD NOT DOWNLOAD THIS SOFTWARE. DOWNLOADING THIS SOFTWARE CONSTITUTES AN ACCEPTANCE OF THE TERMS OF THIS LICENSE.
This Agreement ("Agreement") is made by and between ZOHO Corporation, and any person (collectively "you", "your" or "I") who completes the download form for use of the SwisSQL - Oracle to Sybase Edition 2.8 Software ("Software").
LICENSE TERMS
Subject to the terms of this Agreement, ZOHO Corporation grants to you a non-exclusive, non-transferable, Evaluation license for trial and evaluation of the Software, in binary object code form, for a period of thirty (30) days from the date of download. You may use any third party software products or modules supplied by ZOHO Corporation solely with the Software, unless the licensing terms of the third party software products or modules specify otherwise. You may not disclose the results of software performance benchmarks to any third party without ZOHO Corporation's prior written consent. This license begins upon downloading and ends thirty (30) days thereafter ("Evaluation Period"). When the license expires you must stop using the Software. You are forbidden from using the Software for any other use or otherwise offering it for resale. ZOHO Corporation retains all rights not specifically granted to you herein.
DISCLAIMER OF WARRANTY
THE SOFTWARE IS PROVIDED "AS-IS"; ZOHO Corporation MAKES NO REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR USE OR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR THAT THE SOFTWARE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE, AND ZOHO Corporation HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES. ZOHO Corporation MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE SOFTWARE OR ABOUT THE ACCURACY OF ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY THE SOFTWARE.
LIMITATIONS ON LIABILITY
EVALUATION USE SOFTWARE IS PROVIDED GRATUITOUSLY AND, THEREFORE, ZOHO Corporation AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND SPECIAL DAMAGES) UNDER ANY THEORY OF LIABILITY (INCLUDING TORT CONTRACT, OR ANY OTHER THEORY) WHETHER SUFFERED BY YOU OR ANY OTHER USER OF THE SOFTWARE, OR ANY THIRD PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU.
SOFTWARE CHANGES
ZOHO Corporation reserves the right at any time not to release or to discontinue release of any Software and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the Software.
OWNERSHIP
All ownership rights, Title and Intellectual Property rights in and to the Software and Documentation shall remain the sole and exclusive property of ZOHO Corporation and/or its Licensors. You agree to abide by the copyright law and all other applicable laws of the United States. You acknowledge that the Software contains valuable confidential information and trade secrets of ZOHO Corporation and/or its Licensors; therefore you agree not to modify the software, or attempt to decipher, de-compile, disassemble or reverse engineer the Software or assist or encourage any third party in doing so.
NON-ASSIGNMENT/BINDING AGREEMENT
Neither this Agreement nor any rights under this Agreement may be assigned or otherwise transferred by you, in whole or in part, whether voluntary or by operation of law without the prior written consent of ZOHO Corporation. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective successors and assigns.
MISCELLANEOUS
If any term, condition, or provision in this Agreement is found to be invalid, unlawful or unenforceable to any extent, the remaining terms, conditions and provisions will continue to be valid and enforceable to the fullest extent permitted by law.
