END-USER LICENSE AGREEMENT |
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IMPORTANT: This End User License Agreement contains the terms and conditions regarding your use of
the SOFTWARE (as defined below). This EULA contains material limitations to your rights in that regard.
1. LICENSE. In consideration of your payment of any applicable license fees,
Bright Minds Group Inc. doing business as xSQL Software hereinafter referred
to as ("xSQL") hereby grants to you, the undersigned,
and you accept, a nonexclusive, nontransferable license to install, use, and
display a single copy of the Licensed Software on a single computer. You may
move the Licensed Software from one computer to another, but may not have the
Licensed Software resident on more than one computer unless you have paid a
license for each additional computer. A copy of the Licensed Software may be
made for archival or backup purposes as long as it contains all the original
Licensed Software proprietary notices. You may not sublicense, rent, distribute,
lease or otherwise transfer or assign any or all of your rights in the Licensed
Software. You may use the Licensed Software solely in its original form, and
may not change, alter or modify the Licensed Software, translate, reverse assemble,
reverse compile, disassemble, or in any way reverse engineer the Licensed Software.
This license does not grant you any right to bug, fixes, enhancements, updates
or new versions, but if such are made available to and are obtained by you,
then they shall become part of the Licensed Software and governed by the terms
of this License. xSQL reserves all rights not expressly granted to you
in this License.
2. RIGHTS IN LICENSED SOFTWARE. You acknowledge that the Licensed Software and
any copies, regardless of the form or media in which the original or copies
may exist, are the sole and exclusive property of xSQL; by accepting
this License, you do not become the owner of the Licensed Software recorded
on the media. You further acknowledge that the Licensed Software, including
the code, logic and structure of the Licensed Software, contain valuable trade
secrets belonging to xSQL. You agree to secure and protect the Licensed
Software consistent with the maintenance of xSQL's rights in the Licensed
Software, as set forth in this License.
3. COPIES. The Licensed Software is copyrighted under the laws of the United
States and international treaty provisions. Notwithstanding the copyright, the
Licensed Software contains trade secrets and confidential information of
xSQL. You agree not to disclose or otherwise make available any part of
the Licensed Software to any third party on any basis, other than as set forth
in Paragraph 2. You agree not to make any copies of the documentation that is
provided in hard copy as part of the Licensed Software.
4. TERM. This License shall be perpetual unless you fail to observe any of its
terms, in which case it shall terminate immediately, and without additional
prior notice, provided, however, that copies of the run-time component of the
Licensed Software that are part of the Applications licensed to third parties
may be retained by such licensed third parties in accordance with this Agreement.
Upon termination or expiration of this Agreement, you shall return the original
and all copies, complete or partial, of the Licensed Software to xSQL,
and shall not access such media for the purpose of recovering any of the Licensed
Software from any copies that may exist with respect to media containing regular
backups of your computer or computer system. The terms of Paragraphs 2, 3, 4,
6, 7, 8 and 9 shall survive termination of this Agreement.
5. DISCLAIMER OF WARRANTY. THE LICENSED SOFTWARE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, xSQL
SPECIFICALLY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING
THE USE, OR THE RESULTS OF THE USE, OF THE LICENSED SOFTWARE OR WRITTEN MATERIALS
IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE.
THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED
BY YOU. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY xSQL OR ITS
EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS
WARRANTY, AND YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
6. LIMITATION ON LIABILITY. The Licensed Software may produce inaccurate results
because of a failure or inaccuracy in the performance of the software, because
you input incorrect data, or for many other reasons. You assume full and sole
responsibility for any use you make of the output from the Licensed Software,
and you bear the entire risks of there being an error in the output. You agree
that regardless of the cause of any error or the form of any claim, YOUR SOLE
REMEDY AND xSQL'S SOLE OBLIGATION SHALL BE GOVERNED BY THIS AGREEMENT
AND IN NO EVENT SHALL xSQL'S LIABILITY EXCEED THE PRICE PAID TO xSQL
FOR THE LICENSED SOFTWARE. YOU EXPRESSLY AGREE THAT IN NO EVENT SHALL xSQL
BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES ARISING FROM
BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY,
WHETHER IN TORT OR CONTRACT, EVEN IF xSQL HAS BEEN APPRAISED OF THE LIKELIHOOD
OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION DAMAGES FROM INTERRUPTION
OF BUSINESS, LOSS OF USE OF SOFTWARE, LOSS OF DATA, COST OF RECREATING DATA,
COST OF CAPITAL, COST OF ANY SUBSTITUTE SOFTWARE, OR LOSSES CAUSED BY DELAY.
xSQL shall not be responsible for any damages or expenses resulting from
alteration or unauthorized use of the Licensed Software, or from the unintended
and unforeseen results obtained by you resulting from such use.
7. INDEMNIFICATION. You hereby agree to indemnify xSQL and its officers,
directors, employees, agents, and representatives from each and every demand,
claim, loss, liability, or damage of any kind, including actual attorneys fees,
whether in tort or contract, that it or any of them may incur by reason of,
or arising out of, any claim which is made by any third party with respect any
breach or violation of this Agreement by you or any claims based on the Applications
and the Licensed Software included therein.
8. U.S. GOVERNMENT RESTRICTED RIGHTS. The Licensed Software is Commercial Computer
Software provided with RESTRICTED RIGHTS under Federal Acquisition Regulations
and agency supplements to them. Use, duplication or disclosure by the U.S. Government
is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights
in Technical Data and Computer Software clause at DFAR 255.227-7013 et. seq.
or 252.211-7015, or subparagraphs (a) through (d) of the Commercial Computer
Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses
in the NASA FAR Supplement. Contractor/manufacturer is Bright Minds Group Inc.,
registered in the Dekalb county, in the state of Georgia.
9. EXPORT CONTROLS. None of the Licensed Software, or underlying information
may not be exported, directly or indirectly, without the prior written consent,
if required, by the office of Export Administration of the United States, Department
of Commerce, nor to any country to which the U.S. has embargoed goods, to any
person on the U.S. Treasury Department's list of Specially Designated Nations
or the U.S. Commerce Department's Table of Denials. By consenting to this License
you warrant that you are not located in, under the control of, or a national
or resident of any such country or appear on any such list and further warrant
that you will not distribute the run-time version of the Licensed Software to
any entity that is located in, under the control of, or a national or resident
of any such country or appears on any such list.
10. ENTIRE AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND
IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS
LICENSE IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN
xSQL AND YOU, WHICH SUPERSEDES ANY PROPOSAL, PRIOR AGREEMENT, OR LICENSE,
ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS RELATING TO THE SUBJECT MATTER
OF THIS LICENSE. This License shall be construed in accordance with the internal
laws of Georgia and all disputes shall have exclusive venue in the federal
and state courts in Dekalb County, Georgia, and both parties consent
to the jurisdiction of these courts. If any term of this License shall be found
invalid, the term shall be modified or omitted to the extent necessary, and
the remainder of the License shall continue in full effect.
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xSQL Data Compare new build available
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| xSQL Compare Bundle is a great package of software that has already paid for itself at least ten times over in increased production/decreased labor cost in just the few short months our team has been using it! |
| - Tom H. |
| OnCorps Reports, MN |
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| WOW! What a great piece of software (xSQL Profiler) you have written. Well done!! All the best from Scotland. |
| - Jim B. |
| Sigdev Ltd., Scotland |
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| xSQL Builder provides us with everything we need to automate our database processes. Thanks to this our database update process is now 6 times faster. |
| - Phil H. |
| i2i Innovate to Integrate, UK |
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| This (RSS Reporter) is a very good mashup of traditional sql server management and leading-edge information access! |
| - Robert H. |
| U.S. Xpress Enterprises |
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| ...It also features the best (and simplest) way to move objects and data via sql script I’ve ever seen. I’m hooked. |
| - Steve F. |
| Digital Tools Factory, GA |
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| We have tested ... and compared it with 6 other products. We preferred xSQL Data Compare... |
| - Han van der H. |
| RIVM LTR Laboratory, The Netherlands |
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