EXTREME DATA SYSTEMS SOFTWARE LICENSE TERMS

SQL LOCATOR

These license terms are an agreement between Extreme Data Systems (or based on where you live, one of its affiliates) and you.  Please read them.  They apply to the software named above, which includes the media on which you received it, if any.  The terms also apply to any Extreme Data

·      updates,

·      supplements,

·      Internet-based services, and

·      support services

for this software, unless other terms accompany those items.  If so, those terms apply.

BY USING THE SOFTWARE, YOU ACCEPT THESE TERMS.  IF YOU DO NOT ACCEPT THEM, DO NOT USE THE SOFTWARE. 

IF YOU COMPLY WITH THESE LICENSE TERMS, YOU HAVE THE RIGHTS BELOW FOR EACH LICENSE YOU ACQUIRE.

1.   OVERVIEW.

a.   Software.  The software includes development tools, software programs and documentation.

3.   INTERNET-BASED SERVICES.  Extreme Data provides Internet-based services with the software.  It may change or cancel them at any time.

4.   DOCUMENTATION.  Any person that has valid access to your computer or internal network may copy and use the documentation for your internal, reference purposes.

5.   NOT FOR RESALE SOFTWARE.  You may not sell software marked as “NFR” or “Not for Resale.”

6.   EXPORT RESTRICTIONS.  The software is subject to United States export laws and regulations.  You must comply with all domestic and international export laws and regulations that apply to the software.  These laws include restrictions on destinations, end users and end use. 

7.   SUPPORT SERVICES.  Extreme Data provides support services for the software as described at www.SQLLocator.com.

      17. ENTIRE AGREEMENT.  This agreement (including the warranty below), and the terms for supplements, updates, Internet-based services and support services that you use, are the entire agreement for the software and support services.

8.   APPLICABLE LAW.

a.   United States.  If you acquired the software in the United States, Washington state law governs the interpretation of this agreement and applies to claims for breach of it, regardless of conflict of laws principles.  The laws of the state where you live govern all other claims, including claims under state consumer protection laws, unfair competition laws, and in tort.

b.   Outside the United States.  If you acquired the software in any other country, the laws of that country apply.

9.   LEGAL EFFECT.  This agreement describes certain legal rights.  You may have other rights under the laws of your state or country.  You may also have rights with respect to the party from whom you acquired the software.  This agreement does not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so.

10. LIMITATION ON AND EXCLUSION OF DAMAGES.  YOU CAN RECOVER FROM EXTREME DATA AND ITS SUPPLIERS ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.

This limitation applies to

·      anything related to the software, services, content (including code) on third party Internet sites, or third party programs; and

·      claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort to the extent permitted by applicable law.

It also applies even if

·      repair, replacement or a refund for the software does not fully compensate you for any losses; or

·      Extreme Data knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.  They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.


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LIMITED WARRANTY

A.   LIMITED WARRANTY.  If you follow the instructions, the software will perform substantially as described in the Extreme Data materials that you receive in or with the software.

B.   TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES.  THE LIMITED WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER.  IF YOU RECEIVE SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER.  If the first user transfers the software, the remainder of the warranty will apply to the recipient.

TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY.  Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you.  They also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee or condition lasts.

C.   EXCLUSIONS FROM WARRANTY.  This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Extreme Data’s reasonable control.

D.   REMEDY FOR BREACH OF WARRANTY.  EXTREME DATA WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE.  IF EXTREME DATA CANNOT REPAIR OR REPLACE IT, EXTREME DATA WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE.  IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE.  IF EXTREME DATA CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY.  YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO EXTREME DATA WITH PROOF OF PURCHASE TO OBTAIN A REFUND.  THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.

E.   CONSUMER RIGHTS NOT AFFECTED.  YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS, WHICH THIS AGREEMENT CANNOT CHANGE.

F.    WARRANTY PROCEDURES.  You need proof of purchase for warranty service.

G.   NO OTHER WARRANTIES.  THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM EXTREME DATA.  EXTREME DATA GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS.  WHERE ALLOWED BY YOUR LOCAL LAWS, EXTREME DATA EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  If your local laws give you any implied warranties, guarantees or conditions, despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent permitted by your local laws.

H.   LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY.  THE LIMITATION ON AND EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.  YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.

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