SwisSQL - End of Life Notice Thanks for your interest inSwisSQL
Regret to inform you that we have decided to discontinue any development and investments on this product to best align with our business goals and direction. Existing customers of SwisSQL can avail product support from us till their current support contract expires. For further queries, do email us at email@example.com and we'll be happy to assist you.
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EVALUATION SOFTWARE LICENSE AGREEMENT
SwisSQL Console 5.5
Copyright (c) 2011 ZOHO Corporation. All rights reserved.
PLEASE READ THE TERMS OF THIS SOFTWARE LICENSE AGREEMENT INCLUDING THE EXHIBITS ("AGREEMENT") CAREFULLY BEFORE EITHER (I) COMPLETING THE ELECTRONIC ORDER OR DOWNLOAD OF SwisSQL Console 5.5 ("LICENSED SOFTWARE") FROM AN AUTHORIZED WEB SITE, OR (II) INSTALLING THE LICENSED SOFTWARE FROM MEDIA THAT WAS DELIVERED AFTER BEING ORDERED BY YOU THROUGH AN ALTERNATIVE ORDER PROCESS, AS APPLICABLE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, HAVE UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, EITHER (I) EXIT THE WEB SITE PAGE WITHOUT CONTINUING THE ORDERING PROCESS, OR (II) RETURN THE PROVIDED UNUSED MEDIA AND DOCUMENTATION WITHIN THIRTY (30) DAYS FROM THE DATE OF SHIPMENT OF THE LICENSED SOFTWARE FOR A FULL REFUND OF YOUR PAYMENT, AS APPLICABLE.
1. License Grant:
1.1 Authorized Use: ZOHO Corporation grants you a non-exclusive, non-transferable, world-wide license to Use the Licensed Software, including user documentation that you have downloaded from or received on media provided by ZOHO Corporation, downloaded from ZOHO Corporation's website, including all updates provided through the ZOHO Corporation subscribed support services, where applicable, on a single computer, provided that such access and Use of the Licensed Software is in accordance with the Single Installation License granted by ZOHO Corporation. "Use" means storing, loading, installing, executing or displaying the Licensed Software for creating your developed application. "Single Installation License" means that one copy of the Licensed Software can be installed only on one CPU.
1.2 Third party products: The Licensed Software may contain software which originated with third party vendors and without limiting the general applicability of the other provisions of this Agreement, you agree that (a) the title to any third party software incorporated in the Licensed Software shall remain with the third party which supplied the same; and (b) you will not distribute any such third party software available with the Licensed Software, in any manner.
2. Restrictions on Use:
In addition to all other terms and conditions of this Agreement, you shall not:
(i) install one copy of the Licensed Software on more than one CPU;
(ii) use the Licensed Software for creating more than one application;
(iii) remove any copyright, trademark or other proprietary notices from the Licensed Software or its copies;
(iv) make any copies except for one back-up or archival copy, for temporary emergency purpose;
(v) rent, lease, license, sublicense or distribute the Licensed Software or any portions of it on a standalone basis or as part of your developed application;
(vi) modify or enhance the Licensed Software;
(vii) use the Licensed Software in a computer-based services business or publicly display visual output of the Licensed Software or use the Licensed Software for the benefit of any other person or entity;
(viii) reverse engineer, decompile or disassemble the Licensed Software.
(ix) allow any third parties to access, use or support the Licensed Software.
ZOHO Corporation provides support that includes email support for problem reporting, product updates, and online access to product documentation during the period of your subscription or during the period for which you have paid the then current maintenance and support fee. ZOHO Corporation specifically excludes upgrades from the support programs. Upgrade to the Licensed Software will be provided upon payment of an Upgrade License Fee in accordance with ZOHO Corporation's then current pricing policy.
4. Ownership and Inteillectual Property:
ZOHO Corporation owns all right, title and interest in and to the Licensed Software. ZOHO Corporation expressly reserves all rights not granted to you herein. The Licensed Software is only licensed and not sold to you by ZOHO Corporation.
ZOHO Corporation has the right to audit your Use of the Licensed Software by providing at least seven (7) days prior written notice of its intention to conduct such an audit at your facilities during normal business hours.
The Licensed Software contains proprietary information of ZOHO Corporation that are protected by the laws of the United States and you hereby agree to take all reasonable efforts to maintain the confidentiality of the Licensed Software. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you who come into contact with or access the Licensed Software, and to use reasonable efforts to ensure their compliance with such terms and conditions, including but not limited to, not knowingly permitting such persons to use any portion of the Licensed Software for a purpose that is not allowed under this Agreement.
7. Warranty Disclaimer:
ZOHO Corporation does not warrant that the Licensed Software will be error-free. Except as provided herein, the Licensed Software is furnished "as is" without warranty of any kind, including the warranties of merchantability and fitness for a particular purpose and without warranty as to the performance or results you may obtain by using the Licensed Software. You are solely responsible for determining the appropriateness of using the Licensed Software and assume all risks associated with the use of it, including but not limited to the risks of program errors, damage to or loss of data, programs or equipment, and unavailability or interruption of operations.
Because some jurisdictions do not allow for the exclusion or limitation of implied warranties, the above exclusions or limitations may not apply to you.
8. Limitation of Liability:
In no event will ZOHO Corporation be liable to you or any third party for any special, incidental, indirect, punitive or exemplary or consequential damages, or damages for loss of business, loss of profits, business interruption, or loss of business information arising out of the use or inability to use the program or for any claim by any other party even if ZOHO Corporation has been advised of the possibility of such damages. ZOHO Corporation's entire liability with respect to its obligations under this agreement or otherwise with respect to the Licensed Software shall not exceed the amount of the named developer license fee paid by you for the Licensed Software.
Because some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, the above exclusions or limitations may not apply to you.
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying or returning to ZOHO Corporation all copies of the Licensed Software in your possession. ZOHO Corporation may terminate this Agreement for any reason, including but not limited to your breach of any of the terms of this Agreement. Upon termination, you shall destroy or return to ZOHO Corporation all copies of the Licensed Software and certify in writing that all know copies have been destroyed. All provisions relating to confidentiality, proprietary rights, non-disclosure, and limitation of liability shall survive the termination of this Agreement.
This Agreement shall be construed, interpreted and governed by the laws of the State of California exclusive of its conflicts of law provisions. This Agreement constitutes the entire agreement between the parties, and supersedes all prior communications, understandings or agreements between the parties. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonable effect the intention of the parties. You shall not export the Licensed Software or the derived application except in compliance with United States export regulations and applicable laws and regulations.