End-User License Agreement ("Agreement")
Last updated: August 06, 2018
Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading or using SQL DataTool ("Application").
By clicking the "I Agree" button, downloading or using the Application, you are agreeing to be bound by the terms and conditions of this Agreement.
This Agreement is a legal agreement between you (either an individual or a single entity) and SQL DataTool and it governs your use of the Application made available to you by SQL DataTool.
If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.
The Application is licensed, not sold, to you by SQL DataTool for use strictly in accordance with the terms of this Agreement.
SQL DataTool grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
In addition, You will not:
Remove any copyright, trademark, confidentiality or other proprietary rights notice from the Application, Documentation or related material;
Remove, disable or otherwise limit the effectiveness of any technical protection used by SQL DataTool to (i) manage, monitor, control or analyze the installation of, access to, or use of the Application or (ii) protect SQL DataTool's intellectual property rights;
Use the Application in any way that is fraudulent or otherwise unlawful or tortuous, or has any fraudulent or other unlawful or tortuous purpose or effect;
Interfere with or disrupt the operation of the Application or the servers or networks used to make the Application available, including by hacking or defacing any portion of an Application;
Attempt to probe, scan or test the vulnerability of the Application or to breach or circumvent any security or authentication measures used by the Application;
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").
You acknowledge and agree that SQL DataTool shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. SQL DataTool does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.
Third-Party Services and links thereto are provided solely as a convenience to you and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
Third Party Use of Application
You may permit a third party to Use the Application licensed to You under this EULA if such Use is solely (i) on Your behalf, (ii) for Your internal operations, and (iii) in compliance with this EULA. You agree that you are liable for any breach of this EULA by that third party.
Term and Termination
This Agreement shall remain in effect until terminated by you or SQL DataTool.
SQL DataTool may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from SQL DataTool, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.
Termination of this Agreement will not limit any of SQL DataTool's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.
Limitations and Restrictions
You will not and will not allow a third party to:
- transfer, sell, transmit, host, sublicense, or assign Your rights under this license to any other person or entity, unless expressly authorized by SQL DataTool in writing;
- modify, adapt or create derivative works of the Application or Documentation;
- reverse engineer, decompile, decrypt, copy, disassemble or otherwise attempt to derive the source code for the Application;
- make the functionality of the Application available to third parties, whether as an application service provider, or on a rental, service bureau, cloud service, hosted service, or other similar basis unless expressly authorized by SQL DataTool in writing;
- Use Application that is licensed for a specific device, whether physical or virtual, on another device, unless expressly authorized by SQL DataTool in writing; or
- remove, modify, or conceal any product identification, copyright, proprietary, intellectual property notices or other marks on or within the Application;
Limited Warranty and Disclaimer
- Limited Warranty. SQL DataTool warrants that the Application will substantially conform to the applicable Documentation for the longer (i) the period of licensing or (ii) an update that is made available by SQL DataTool and initiated by You. Updates of the Application may entail functional changes which may not cover Your specific use of the Application. This warranty does not apply if the Application, SQL DataTool product or any other equipment upon which the Application is authorized to be used: (i) has been altered, except by SQL DataTool or its authorized representative, (ii) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by SQL DataTool, (iii) has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (iv) is licensed for beta, evaluation, testing or demonstration purposes or other circumstances for which the Approved Source does not receive a payment of a purchase price or license fee; or (v) has not been provided by an Approved Source. SQL DataTool will use commercially reasonable efforts to deliver to You Application free from any viruses, programs, or programming devices designed to modify, delete, damage or disable the Application or Your data.
- Exclusive Remedy. At SQL DataTool’s option and expense, SQL DataTool will repair errors in the Application at best effort. This remedy is conditioned on You reporting the non-conformance in writing to Your Approved Source within the licensing period.
Except as expressly set forth above, SQL DataTool and its licensors provide Application “as is” and expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non-infringement. SQL DataTool does not warrant that the Application will operate uninterrupted or error-free or that all errors will be corrected. In addition, SQL DataTool does not warrant that the Application or any equipment, system or network on which the Application is used will be free of vulnerability to intrusion or attack.
Limitations and Exclusions of Liability
In no event will SQL DataTool or its licensors be liable for the following, regardless of the theory of liability or whether arising out of the use or inability to use the Application or otherwise, even if a party been advised of the possibility of such damages: (a) indirect, incidental, exemplary, special or consequential damages; (b) loss or corruption of data or interrupted or loss of business; or (c) loss of revenue, profits, goodwill or anticipated sales or savings. All liability of SQL DataTool, its affiliates, officers, directors, employees, agents, suppliers and licensors collectively, to You, whether based in warranty, contract, tort (including negligence), or otherwise, shall not exceed the license fees paid by You to any Approved Source for the Application that gave rise to the claim. This limitation of liability for Application is cumulative and not per incident. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law.
Upgrades and Additional Copies of Application
Notwithstanding any other provision of this EULA, You are not permitted to Use Upgrades unless You, at the time of acquiring such Upgrade:
- already hold a valid license to the original version of the Application, are in compliance with such license, and have paid the applicable fee for the Upgrade; and
- limit Your Use of Upgrades or copies to Use on devices You own or lease; and
- unless otherwise provided in the Documentation, make and Use additional copies solely for backup purposes, where backup is limited to archiving for restoration purposes.
SQL DataTool's property rights
You acknowledge and agree that SQL DataTool and its licensors and suppliers will have all ownership of and all rights with respect to (i) the Application, Documentation, APIs, Metrics and other information or material provided or made available by SQL DataTool to You and (ii) any copies of the foregoing, or any materials or other information based on, derived from or otherwise using any of the foregoing (including all rights under trade secrets, copyrights, trademarks, patents and all other intellectual property or proprietary rights relating to any of the foregoing). The structure and organization, the underlying algorithms and other internals, the protocols, data structures and other externals, and the source code of the Application and the APIs constitute proprietary and confidential information of SQL DataTool, and You will not disclose such information to third parties, or use such information for any purpose other than as required for ordinary-course access to and use of the Applications as set forth in these Terms, without SQL DataTool’s prior written consent. Also, You agree not to access or attempt to access the Application by any means other than the interface SQL DataTool provides or authorizes. In addition, You agree not to engage in any decompiling, disassembling or other reverse engineering or otherwise attempting to discover, learn or study the structure or organization, underlying algorithms or other internals, the protocols, data structures or other externals, or the source code of the Applications or APIs, except as expressly permitted under applicable law notwithstanding a contractual prohibition to the contrary. SQL DataTool may make available or provide access to other confidential and proprietary information (either marked as such or understood to be such under the circumstances). If You receive such information, You will not disclose it to any third party, or use such information for any purpose other than as required for access to and use of the Applications as set forth in these Terms, without SQL DataTool’s prior written consent.
You have only the rights expressly granted to You under these Terms (including any Additional Agreement or Special Terms). All rights not expressly granted are reserved by SQL DataTool and its licensors and suppliers; SQL DataTool and its licensors and suppliers expressly disclaim (and You agree not to assert) any other rights.
You agree not to take any action, or to authorize or encourage any third party to take any action (or cooperate with any third party in taking any action), inconsistent with the foregoing.
SQL DataTool, the Application and organization do not request personal information other than legally required and information required to execute the license services. Other information will not be requested and will not be provided by you to SQL DataTool.
Improvement ideas, additional functionality, feedback and suggestions for the Application are welcome at all times. This information will be used to improve our service offerings according to your needs and requirements, where applicable. No discounts or credits will be given for these improvement ideas, additional functionality, feedback and suggestions.
Amendments to this Agreement
SQL DataTool reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The laws of Netherlands, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.
If you have any questions about this Agreement, please contact us.
The Agreement constitutes the entire agreement between you and SQL DataTool regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and SQL DataTool.
You may be subject to additional terms and conditions that apply when you use or purchase other SQL DataTool's services, which SQL DataTool will provide to you at the time of such use or purchase.