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This license only applies to the Free version of TroSQL.
NOTICE: This end user license agreement (the "EULA") is a legally
binding contract between you, the end user (“User” or “you”), and
Vutog.
Vutog LICENSES THE ENCLOSED TroSQL Free SOFTWARE TO YOU ONLY UPON THE
CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS EULA. PLEASE
READ THE TERMS CAREFULLY. BY OPENING THIS PACKAGE, BREAKING THE SEAL,
INSTALLING OR LOADING THE SOFTWARE, CHECKING THE BOX NEXT TO A STATEMENT
THAT YOU HAVE READ, UNDERSTAND AND AGREE WITH THE PRIVACY POLICY AND TERMS
AND CONDITIONS OR OTHERWISE INDICATING YOUR ASSENT ELECTRONICALLY, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND THAT YOU AGREE TO THE TERMS AND
CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO (OR CANNOT COMPLY WITH)
THE TERMS AND CONDITIONS OF THIS EULA, THEN Vutog IS UNWILLING TO LICENSE
THE SOFTWARE TO YOU, IN WHICH EVENT YOU SHOULD NOT INSTALL OR USE THE
SOFTWARE.
1. License.
The TroSQL Free software that accompanies this license, including the
images, and as well as any upgrades or enhancements to such software
(collectively, the "Software") are the property of Vutog. “Free Version”
means a version of the TroSQL Free software, so identified, to be used
absolutely free for your own purpose for unlimited times and strictly not
for any commercial purpose. The Free Version may not have some features
and the Free Version may be converted to the any TroSQL Paid Licensed
Version. In which case, and at such time, the TroSQL version licensed to
you becomes paid versioned license, subject to all of the terms and
conditions of TroSQL paid EULA. Although Vutog at all times owns the
Software, you will have certain limited rights to use the Software after
your acceptance of all of the terms and conditions of this EULA, which use
shall be subject at all times to your compliance with this EULA. Except as
may be modified by an addendum which may accompany or be added to this
EULA, your rights and obligations with respect to the use of this Software
are as follows:
Provided that you are not in breach of this EULA and that such use is
solely for your personal, non-commercial use, you may install and use
TroSQL Free Software and documentation on any number of computers;
2. Limitations on License.
(a) You shall not:
i. rent, lease, copy, distribute, sub-distribute, license, or otherwise
transfer the Software or its documentation to any other party, except as
may be expressly permitted under this EULA;
ii. decompile or reverse engineer, disassemble, translate, integrate,
customize, make any attempt to discover the source code of the Software or
otherwise reduce the Software to a human perceivable form, or modify or
create derivative works based upon the Software or the documentation in
whole or in part, nor permit any other party to do so;
iii. make copies of the copyrighted Software documentation without the
prior written permission of Vutog provided that for electronic
transactions, Licensee may make one (1) hard copy of such documentation
for each User;
iv. contest, or assist others in contesting, the validity, enforceability,
ownership or title of any Software; and
v. remove or attempt to remove any copyright notices or any other
proprietary legends contained on or within the Software;
vi. use the Software in any libellous, defamatory, fraudulent, lewd,
obscene, or pornographic material or in any material that infringes upon
any third party intellectual property rights, or in any illegal manner;
and
vii. use Vutog’s name, logo, or other trademarks, unless such use is
expressly authorized by Vutog in writing.
3. Intellectual Property.
You agree that the Software contains copyrighted material, trade secrets
and other proprietary material of Vutog and its licensors and is
protected internationally by copyright and other intellectual property
law. All rights not otherwise granted herein are hereby reserved by
Vutog. You further agree that any and all information obtained during
lawful reverse engineering and/or decompiling activities, including but
not limited to, the organization, logic, algorithms and processes of the
Software (the “Work Product”), shall be deemed to be the confidential and
proprietary information of Vutog. Without further remuneration (except
for your out-of-pocket expenses) and whether or not this Agreement is in
effect, you shall,
at Vutog’s request, execute and deliver to Vutog any documents and give
all reasonable assistance which may be essential or desirable to secure
to, assign, and vest in Vutog the sole and exclusive right, title, and
interest in and to all such Work Product.
4. Upgrades to Software and Amendments to the EULA.
To use an upgrade, you must first be licensed for the Software identified
by Vutog as eligible for the upgrade. Vutog may change or amend this
EULA from time to time by posting such changes or amendment (the
“Amendment”) on its website, (www.vutog.com), or by sending an email
communication of such changes to you. In such cases, your continued use of
the Software shall indicate your assent and acceptance of any such Amendment(s). If you do not agree with (or cannot comply with) the
Amendment(s), Vutog is unwilling to continue to license the Software to
you in which case, you must cease all use of the Software, delete or
destroy all copies. No Vutog dealer, agent or employee is authorized to
make any amendment to this EULA.
5. Customer Support for TroSQL Free Versions
As a TroSQL Free Version user, you are eligible to use followings ways of
support as directed at
http://sql.vutog.com/htmpages/sqlsupport.htm :
(i) Report a bug
(ii) Request Feature
(iii) Provide Suggestions
(iv) By writing to
help@vutog.com
Although Vutog is committed to provide the support to Free Version user
but Vutog keeps every right to take its own decision on
a) to respond or not respond to the requestor
b) to implement or not implement the requested feature
c) to implement or not implement the suggestions
d) to fix or not fix the reported bugs
6. Export Law Assurances.
You will comply with all trade
regulations and laws both foreign and domestic. You acknowledge that the
Software licensed under this EULA is subject to the export control laws
and regulations of various countries.
7. Data Collection; Privacy Policy; Third Party Web Sites. You
acknowledge and agree that
Vutog may collect and retain information about you, such as your name,
address, and e-mail address. We encourage you to read and become familiar
with Vutog’s Privacy Policy, the current version of which is located at
http://www.vutog.com/common/htmpages/privacypolicy.htm . Vutog’s Privacy
Policy is hereby incorporated by reference as though fully set forth
herein. By assenting to this agreement, you acknowledge that you have read
and understand our Privacy Policy and agree to its terms. You acknowledge
and agree that your access to any third party web sites, including any
goods, services or information made available from such web sites, is
governed by the terms and conditions and respective privacy policies found
at each third party web site. YOUR USE OF SUCH THIRD PARTY WEB SITES IS AT
YOUR OWN RISK.
8. Termination, Effect of Termination.
This EULA is effective until terminated. You may terminate this EULA at
any time by destroying all copies of the Software and its documentation.
With respect to the TroSQL Free Version, Vutog may terminate this EULA at
any time for convenience, with or without notice to you. This EULA will
terminate immediately without notice from Vutog if you fail to comply
with any provision of this EULA. Upon termination, you must destroy all
copies of the Software and its documentation, provide written
certification to that effect upon Vutog’s request, and cease and desist
from any further use of the Software.
9. DISCLAIMER OF WARRANTIES. Vutog PROVIDES NO REMEDIES OR
WARRANTIES, EXPRESS OR IMPLIED, FOR THE TROSQL FREE VERSION. THE FREE
VERSION IS PROVIDED TO YOU ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY
KIND. WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER
RIGHTS, WHICH VARY FROM STATE TO STATE AND COUNTRY TO COUNTRY. NO ORAL OR
WRITTEN INFORMATION OR ADVICE GIVEN BY Vutog, ITS RESELLERS,
DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY
INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.
10. DISCLAIMER OF DAMAGES; LIMITATION OF LIABILITY. REGARDLESS OF
WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO
EVENT WILL Vutog, ITS RESELLERS OR ITS LICENSORS BE LIABLE TO YOU FOR ANY
SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING BUT NOT
LIMITED TO ANY LOST PROFITS OR LOST DATA OR OTHER COMMERICAL OR ECONOMIC
LOSS ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, HOWEVER
CAUSED, UNDER ANY THEORY OF LIABILITY, EVEN IF Vutog HAS BEEN ADVISED OF
THE POSSIBILTIY OF SUCH DAMAGES. THIS LIMITAITON SHALL APPLY EVEN IN THE
EVENT OF A MATERIAL BREACH. IN THE EVENT THAT THE SOFTWARE IS DEFECTIVE,
Vutog WILL NOT BE RESPONSIBLE FOR ANY DEFECT.
The disclaimers and limitations set forth above will apply regardless of
whether you accept the Software.
11. Relationship of the Parties.
You and Vutog agree that you are not agents, partners or joint venturers,
or and that this EULA does not create any fiduciary duty or comparable
relationship of trust between the parties.
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