End-User License Agreement for Source Code
SOURCE CODE FOR SQL SERVER COMPARISON TOOL END-USER LICENSE AGREEMENT
IMPORTANT-READ CAREFULLY: This Source Code for SQL Server Comparison Tool End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and AlfaAlfa Software Corporation ("ASC") for the ASC SOFTWARE identified above, which includes any associated SOFTWARE components (forms, modules and classes), any media, any printed materials, and any online or electronic documentation ("SOFTWARE"). By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE. If the SOFTWARE was mailed to you, return the media envelope along with the rest of the package to the location where you obtained it within 30 days from purchase.
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE. Provided you have purchased license rights to the SOFTWARE, you shall be and hereby are granted a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access, use, copy and modify the SOFTWARE, including the right to make modifications, enhancements, derivative works and/or extensions ("Modifications") to the SOFTWARE. You will not grant, either expressly or impliedly, any rights, title, interest, or licenses to SOFTWARE to any third party.
3. RESTRICTIONS. You may not rent, lease, or lend the SOFTWARE. You may not transfer your rights under this EULA. You may not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of copyright) or for any illegal purpose. You may not distribute the SOFTWARE, or any Modifications to the SOFTWARE, in source code form. Under no circumstances may any portion of the SOFTWARE be disclosed or otherwise made available to any third party. You will not take any action, or assist or otherwise aid anyone else in taking any action that would limit AlfaAlfa Software Corporation' independent development, sale, assignment, licensing or use of its own software or any modification, enhancement, derivative work and/or extension thereto.
Registered Copy. After you have purchased the license for the SOFTWARE, and have received the registration code enabling the registered copy, you are licensed to copy the SOFTWARE only into the computer for which you are a primary user. You may make a second copy for your exclusive use on a portable computer. Under no other circumstances may the SOFTWARE be operated at the same time on more than one computer. You may not duplicate the SOFTWARE in whole or in part, except that you may make one copy of the SOFTWARE for backup or archival purposes. You may terminate this license at any time by destroying the original and all copies of the SOFTWARE in whatever form. You may not transfer your rights under this EULA to any other person or entity. Registration code is a technical measure of copy protection. Registration codes may not be distributed to any other person or entity. Distribution or disclosure of registration codes may constitute a violation the U.S. Digital Millennium Copyright Act (DMCA), and other applicable state or country laws.
4. GENERAL. This License includes full and complete programming source code of SQL Server Comparison Tool, but doesn’t include source code of third party components (ActiveXes and dlls) used by SQL Server Comparison Tool. This License doesn't include redistribution rights for third party components. You may implement any changes and modifications to the SOFTWARE purchased, including fixes and functionality extensions, porting to a new platform etc. The License is royalty-free.
5. SUPPORT SERVICES. You understand and acknowledge that SOFTWARE is licensed as is, and that AlfaAlfa Software Corporation does not provide any technical support for source code (SOFTWARE).
6. TERMINATION. Without prejudice to any other rights, AlfaAlfa Software Corporation may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE.
7. COPYRIGHT. The SOFTWARE is protected by Canadian copyright law and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of AlfaAlfa Software Corporation and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
8. REFUND POLICY. All sales of SOFTWARE are final. No refunds will be given for SOFTWARE.
9. SOFTWARE UPDATES. This license does not grant you any right to any updates to the SOFTWARE.
10. NO WARRANTIES. ALFAALFA SOFTWARE CORPORATION EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL ALFAALFA SOFTWARE CORPORATION OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF ALFAALFA SOFTWARE CORPORATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, ALFAALFA SOFTWARE CORPORATION LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S. $1.00 OR LICENSE FEE PAID BY YOU.
12. COMPLETE AGREEMENT. This EULA constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any party agreement or any purchase order issued in connection with this EULA. This EULA shall not be amended or modified except in a writing signed by authorized representatives of each party.
13. MISCELLANEOUS. The parties hereby agree that the License concluded between them and constituted on these terms and conditions shall be construed in accordance with Canadian Law. If a portion of this EULA is held unenforceable, the remainder shall be valid. It means that if one section of this EULA is not lawful, the rest of the EULA is still in force. A party’s failure to exercise any right under this EULA will not constitute a waiver of (a) any other terms or conditions of this EULA, or (b) a right at any time thereafter to require exact and strict compliance with the terms of this EULA.