Sequentum SQL Sharp 1.1.0

EULA - End User License Agreement

IMPORTANT: If you are using a free version of SQL Sharp (registered or unregistered) you are not entitled to support or features that require a team license.

SEQUENTUM SQL SHARP LICENSE AGREEMENT

NOTICE TO USER:

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SEQUENTUM PTY LIMITED FOR THE SOFTWARE PRODUCT IDENTIFIED ABOVE. PLEASE READ THE FOLLOWING LICENSE INFORMATION CAREFULLY. BY INSTALLING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Subject to the terms and conditions of this Agreement, Sequentum Pty Limited whose address is 17, 39-41 Raymond Road, Neutral Bay, NSW 2089, Australia ("Sequentum") hereby grants to you a personal, non-exclusive license (a "License") to use the software product identified above (the "Software") and any accompanying printed materials (the "Documentation") on the terms set forth below. Sequentum reserves all rights to the Software and Documentation not expressly granted to you.

Please carefully read the following limitations to the different SQL Sharp licenses.

FREE LICENSE (UNREGISTERED)

If you accept the terms and conditions of this AGREEMENT, you have certain rights and obligations as follows:

YOU MAY:
1. Use one or more copies of the FREE UNREGISTERED VERSION for personal or commercial purposes.
2. Copy and distribute freely the FREE UNREGISTERED VERSION (see "DISTRIBUTION").

YOU MAY NOT:
1. Sublicense, rent or lease the Software or any portion of it.
2. Decompile, disassemble, reverse engineer or modify the Software or any portion of it.
3. Expose the Software functionality directly or in a way that would make your application compete with the Sequentum Software.
4. Use the FREE UNREGISTERED VERSION of the Software in a team of developers that also uses the TEAM VERSION of the software.
5. Use the FREE UNREGISTERED VERSION after the 7 days unregistered period has expired

DISTRIBUTION:

You are hereby licensed to make as many copies of the FREE UNREGISTERED VERSION as you wish and distribute it to anyone provided that all files are intact. You must distribute the install form of the FREE UNREGISTERED VERSION (not the files resulting of an installation). You are not allowed to sell the FREE UNREGISTERED VERSION (except for shipment and handling charges). Computers Magazines are authorized to distribute it on any Cover Disk or CD-ROM without any permission. Please inform us by e-mail each time you distribute the FREE UNREGISTERED VERSION.
FREE LICENSE (REGISTERED)

If you accept the terms and conditions of this AGREEMENT, you have certain rights and obligations as follows:

YOU MAY:
1. Use one or more copies of the FREE REGISTERED VERSION for personal or commercial purposes.

YOU MAY NOT:
1. Sublicense, rent or lease the Software or any portion of it.
2. Decompile, disassemble, reverse engineer or modify the Software or any portion of it.
3. Copy and distribute the FREE REGISTERED VERSION.
3. Expose the Software functionality directly or in a way that would make your application compete with the Sequentum Software.
4. Use the FREE REGISTERED VERSION of the Software in a team of developers that also uses the TEAM VERSION of the software.
TEAM LICENSE

If you accept the terms and conditions of this AGREEMENT, you have certain rights and obligations as follows:

YOU MAY:
1. Install and use the SQL Sharp team version on one computer only. All members of a developer team must have one team license each.

YOU MAY NOT:
1. Sublicense, rent or lease the Software or any portion of it.
2. Decompile, disassemble, reverse engineer or modify the Software or any portion of it.
3. Copy and distribute the TEAM VERSION.
3. Expose the Software functionality directly or in a way that would make your application compete with the Sequentum Software.
4. Use the FREE REGISTERED VERSION or FREE UNREGISTERD VERSION of the Software in a team of developers that also uses the TEAM VERSION of the software.
RESTRICTIONS

Reverse Engineering

You may not modify, translate, reverse engineer, decompile, disassemble (except to the extent applicable laws specifically prohibit such restrictions) or create derivative works based on the Software or Documentation, or any portion thereof.

Competing interests

You agree not to expose the Software functionality directly or in a way that would make your application compete with the Sequentum Software.

Copying

You may not copy the Software or Documentation except as specifically provided by this Agreement.

Transfer

You may not rent, lease, lend or otherwise temporarily transfer the Software or Documentation. You cannot transfer the software and documentation together on a permanent basis unless you obtain written permission to do so from Sequentum management and you retain no copies and the recipient agrees to the terms of this End-User License Agreement.

Proprietary Notices

You may not remove any proprietary notices, labels or marks on the Software or Documentation.

Upgrades

If this version of the Software is an upgrade from another version or other product, this upgrade License supersedes and replaces any previous License. You may use the Software only in conjunction with the upgraded product, unless you destroy the upgraded product.

Use of Sequentums Name

You may not use Sequentums or Sequentums suppliers name, logos, or trademarks in any manner including, without limitation, in your advertising or marketing materials, except as is necessary to affix the appropriate copyright or other proprietary notices as required herein.

TITLE

All title, ownership rights, and intellectual property rights in and to the Software and Documentation and any copies thereof are vested in and shall remain in Sequentum and/or its suppliers. The Software and the Documentation is protected by the copyright laws and other intellectual property laws of Australia and international treaties.

PRIVACY STATEMENT

The Sequentum Privacy Statement found online at http://www.Sequentum.com/privacy/, is incorporated herein by reference.

SUPPORT

Registered users of the Software are entitled to Sequentums standard support services, as such services are modified from time to time in Sequentums discretion.

PROMOTIONAL RIGHTS

By using this Software, you hereby grant to Sequentum a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, publicly perform, publicly display and digitally perform your companys trademarks and service marks on the Sequentum Web site and customer newsletter stating that your company is using Sequentum products and/or
services. Subject to your company approval, which shall not be unreasonably withheld or delayed, Sequentum may issue a press release stating that your company is a user of Sequentum products.

TERMINATION

The License is in effect until terminated. You may terminate this License by ceasing any use of the Software and Documentation, and deleting or otherwise destroying the Software and Documentation. The License will terminate immediately and automatically if you breach any of the terms of this Agreement or otherwise fail to comply with the limitations described herein. If you received this License as part of any Sequentum Beta program, then this License will terminate upon the first public announcement by Sequentum that the commercial release of the Software is available, and you will be required to obtain a license for the commercial version of the Software. On any termination, you must destroy all copies of the Software and Documentation. The "FREE LICENSE (UNREGISTERED)", "FREE LICENSE (REGISTERED)", "TEAM LICENSE ", "RESTRICTIONS", "TITLE", "PRIVACY STATEMENT", "LIMITED WARRANTY" and "LIMITATION OF LIABILITY" sections shall survive any termination of this Agreement.

LIMITED WARRANTY (FREE VERSIONS)

IMPORTANT: The SQL Sharp free unregistered version and free registered version include absolutely no warranties. No warranties, compensation or support will be provided by Sequentum in any circumstances.

THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND SEQUENTUM MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. NO SEQUENTUM AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SEQUENTUM, ITS DIRECTORS AND EMPLOYEES OR ITS SUPPLIERS AND RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION EVEN IF SEQUENTUM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITED WARRANTY (TEAM LICENSE)

This limited warranty applies to Sequentum team licensees only.

Sequentum warrants that the media containing the Software, if such media is provided by Sequentum, is free from defects in material and workmanship and will so remain for ninety (90) days from the date you acquired the Software. Sequentums sole liability, and your sole and exclusive remedy, for any breach of this warranty shall be, in Sequentums sole discretion: (i) to replace your defective media; or (ii) if the above remedy is impracticable, to refund the License fee you paid for the Software. Replaced Software and Documentation shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software, or if longer, for thirty (30) days after the date of shipment to you of the replaced Software. Only if you inform Sequentum of such defect with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will Sequentum be obligated to honor this warranty. Sequentum will use commercially reasonable efforts to replace or refund pursuant to the foregoing warranty within thirty (30) days of being so notified.

THIS IS A LIMITED WARRANTY AND IT IS THE ONLY WARRANTY MADE BY SEQUENTUM. EXCEPT FOR THE LIMITED WARRANTY SET FORTH HEREIN, THE SOFTWARE AND DOCUMENTATION ARE PROVIDED "AS IS" AND SEQUENTUM MAKES NO OTHER WARRANTY, REPRESENTATION, OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY, AND EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THESE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY. NO SEQUENTUM AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.

If any modification is made to the Software or Documentation by you during the warranty period; if the media is subjected to accident, abuse, or improper use; or if you violate the terms of this Agreement, then this warranty shall immediately be voided. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used as described in the Documentation.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM COUNTRY, STATE AND PROVINCE OR BY JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL SEQUENTUM, ITS DIRECTORS AND EMPLOYEES OR ITS SUPPLIERS AND RESELLERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION EVEN IF SEQUENTUM SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SEQUENTUM, ITS DIRECTORS AND EMPLOYEES OR ITS SUPPLIERS AND RESELLERS UNDER THIS AGREEMENT EXCEED SEQUENTUMS LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION.

FURTHERMORE, SOME COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU IN ITS ENTIRETY.

THE EFFECTIVENESS OF THESE LIMITATIONS IS AN EXPRESS PRECONDITION TO YOUR USE OF THIS SOFTWARE. SOME COUNTRIES OR SOME POLITICAL SUBDIVISIONS OF CERTAIN COUNTRIES DO NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SEQUENTUM AND/OR ITS AFFILIATES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED ($100.00) DOLLARS.

GENERAL

This Agreement represents the complete agreement concerning this license between the parties and supersedes all prior or contemporaneous agreements and representations between them with respect to the subject matter. This Agreement may be amended only in a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER, AND SUCH PURCHASE ORDER TERMS SHALL HAVE NO EFFECT ON THIS LICENSE AGREEMENT. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the remainder of this Agreement shall nonetheless remain in full force and effect. This Agreement shall be governed by and construed under New South Wales law (Australia), except as governed by Federal Australia law. All disputes arising under this Agreement shall be brought in the court of competent jurisdiction in Sydney, State of New South Wales in Australia, and you consent to the personal jurisdiction of such court.