» version 1.0 - posted on 2006-02-07
EULA - End User License Agreement
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS.
YOU AGREE THAT ALL OF THE TERMS AND CONDITIONS BELOW APPLY TO YOU AND ANYONE ELSE WHO USES THIS SOFTWARE, IF EITHER:
YOU CLICK THE "ACCEPT" BUTTON, OR
YOU COPY, INSTALL, OR USE THIS COPY OF SQLDATALAYER SOFTWARE, OR
YOU PERMIT OR ENABLE OTHERS TO COPY, INSTALL OR USE THIS SQLDATALAYER SOFTWARE.
IF YOU DO NOT AGREE, PLEASE TERMINATE INSTALLATION IMMEDIATELY, AND DO NOT USE THIS SOFTWARE.
1. SOFTWARE COVERED BY THIS LICENSE
This license agreement ("Agreement") applies only to the version of the SQLDataLayer software package ("SQLDataLayer") with which this Agreement is included. Different license terms may apply to other software packages or other materials from JTNDevelopment, and license terms for later versions of SQLDataLayer may also be changed.
2. USE LICENSE.
(a) Original Distribution Package Necessary. In order to qualify for the use license described below, you must have downloaded or received SQLDataLayer in the form of an original SQLDataLayer distribution package as distributed by JTNDevelopment, including all files contained in such package ("Original Distribution Package"). Current Original Distribution Packages for SQLDataLayer are available from JTNDevelopment. Copies of SQLDataLayer not received in the form of an Original Distribution Package are not licensed for use, copying or transmission by you or others.
(b) You may, free of charge:
install and use SQLDataLayer free of charge, for the purpose of evaluation.
copy, store, distribute and transmit, free of charge, identical copies of this Original Distribution Package of SQLDataLayer to others, as long as it is deemed current by JTNDevelopment.
"Proper use" of SQLDataLayer is use of the SQLDataLayer program fully in accordance with JTNDeveloppment guidelines, as such guidelines may be changed, clarified or corrected by JTNDevelopment from time to time. If you have any questions as to proper use of this SQLDataLayer program, or other guidelines regarding use of SQLDataLayer, you may contact JTNDevelopment via the contact information included in this Original Distribution Package.
(c) You may not:
permit others to use this SQLDataLayer program unless they are properly licensed by JTNDevelopment, either under this Agreement or another agreement from JTNDevelopment.
modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, this SQLDataLayer program.
copy SQLDataLayer except as described above.
sell or license copies of SQLDataLayer to others.
remove any proprietary notices or labels on SQLDataLayer or any other JTNDevelopment software.
(d) All rights not expressly granted by JTNDevelopment in this Agreement are entirely and exclusively reserved to JTNDevelopment.
4. SUPPORT. SQLDataLayer contains online help files. However, hard-copy documentation, telephone assistance and other support are not available under this license.
5. DISCLAIMER OF WARRANTY. JTNDEVELOPMENT DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE AND AGREE THAT YOU HAD FULL OPPORTUNITY TO TEST SQLDATALAYER BEFORE ANY LIVE, PUBLIC OR PRODUCTION USE, THAT YOU ASSUME FULL RESPONSIBILITY FOR SELECTING AND USING SQLDATALAYER AND DISTRIBUTING FILES CREATED THROUGH USE OF SQLDATALAYER, AND THAT IF YOU USE SQLDATALAYER IMPROPERLY OR AGAINST INSTRUCTIONS, YOU CAN CAUSE DAMAGE TO YOUR FILES, SOFTWARE, DATA OR BUSINESS. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SQLDATALAYER IS BORNE BY YOU. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT. Some jurisdictions do not allow exclusions of an implied warranty, so this disclaimer may not apply to you and you may have other legal rights that vary by jurisdiction.
6. LIMITATION OF LIABILITY. IN NO EVENT SHALL JTNDEVELOPMENT, OR ITS MEMBERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF SQLDATALAYER, FILES CREATED USING SQLDATALAYER, OR YOUR RELATIONSHIP WITH JTNDEVELOPMENT. Some jurisdictions do not allow exclusion or limitation of liability for incidental or consequential damages, therefore the above limitation may not apply to you.
7. RESTRICTED RIGHTS LEGEND. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or at 252.211-7015, as applicable, and in similar clauses in the NASA FAR Supplement.
8. TITLE. JTNDEVELOPMENT or its licensors own the SQLDATALAYER software, all other materials in this SQLDATALAYER Original Distribution Package.
9. TERMINATION. The license will terminate automatically if you fail to comply with any of the limitations, conditions or obligations described herein. On termination, you must destroy all copies of the SQLDataLayer software and all other materials in this SQLDataLayer Original Distribution Package and, at JTNDevlopment's sole discretion, any or all of the files created by you using SQLDataLayer and distributed to others.
10. HIGH RISK ACTIVITIES. SQLDataLayer is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of SQLDataLayer could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). JTNDevelopment and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.
11. GENERAL. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between you and JTNDevelopment. Waiver by JTNDevelopment of any violation of any provision of this Agreement shall not be deemed to waive any further or future violation of the same or any other provision. This Agreement and any dispute relating to SQLDataLayer or to this Agreement shall be governed by the laws of the United States and the laws of the State of Washington, without regard to U.S. or Washington choice of law rules. You agree and consent that jurisdiction and proper venue for all claims, actions and proceedings of any kind relating to JTNDevelopment or the matters in this Agreement shall be exclusively in courts located in Washington. If any part or provision of this Agreement is held to be unenforceable for any purpose, including but not limited to public policy grounds, then you agree that the remainder of the Agreement shall be fully enforceable as if the unenforceable part or provision never existed. There are no third party beneficiaries of any promises, obligations or representations made by JTNDevelopment herein.