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 SQL Server to
Oracle Edition ("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:
Authorized Use: SwisSQL grants you a non-exclusive, nontransferable,
world-wide license to Use the Licensed
Software, including user documentation that you have
downloaded from or received on media provided by
SwisSQL, downloaded from SwisSQL ’s website, including
all updates provided through the SwisSQL 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 SwisSQL. "Use" means storing, loading, installing,
executing or displaying the Licensed Software for migrating
one pair of databases. “Single Installation License” means
that one copy of the Licensed Software can be installed only
on one CPU.
User is expected to use SwisSQL Stored Procedure
Migration Tool in accordance with specific license limitations
that restrict the number lines of code migrated between each
pair of databases.
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:
install one copy of the Licensed Software on more than one
CPU;
use the Licensed Software for providing solutions more than
one project;
remove any copyright, trademark or other proprietary notices
from the Licensed Software or its copies;
make any copies except for one back-up or archival copy, for
temporary emergency purpose;
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;
modify or enhance the Licensed Software;
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;
reverse engineer, decompile or disassemble the Licensed
Software.
allow any third parties to access, use or support the
Licensed Software.
3. Support: SwisSQL provides support as set forth in Exhibit
A. SwisSQL 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 SwisSQL’s then current pricing policy.
4. Ownership and Intellectual Property: SwisSQL owns all
right, title and interest in and to the Licensed Software.
SwisSQL expressly reserves all rights not granted to you
herein. The Licensed Software is only licensed and not sold
to you by SwisSQL.
5. Audit: SwisSQL 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.
6. Confidentiality: The Licensed Software contains proprietary
information of SwisSQL 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: SwisSQL 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 SwisSQL be liable
to you or any third party for any special, incidental, indirect,
SwisSQL Software License Agreement
Confidential Page 2 of 2
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 SwisSQL has been advised of the
possibility of such damages. SwisSQL'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.
9. Termination: This Agreement is effective until terminated by
either party. You may terminate this Agreement at any time
by destroying or returning to SwisSQL all copies of the
Licensed Software in your possession. SwisSQL 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 SwisSQL
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.
10. General: 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.
Exhibit A – Support Terms
Classic
Support
Business Hours
9 x 5
Acknowledgement (email response)
2 Business
Days
Email Support
Online Access (documentation, FAQs, release notes and white papers)
Service Pack (cumulative collection of workarounds, patches and bug fixes)
Minor Release (feature releases and service packs, indicated by a change in the decimal)
Telephone Support
Customer Patches (Fixes to severity 1 problems that do not have any acceptable workaround)
Customer Owner (designated technical contact person for all technical issues and escalations)
Upgrade (significant new features, additions to functionalities, indicated by a change in the number to the left of
the decimal)
