END USER LICENSE AGREEMENT
1. SOFTWARE LICENSE AGREEMENT
In this License, "the Product" means the software product "SQLServerBooster".
This License is a legal agreement between you and Erik Véliz.
By proceeding to download or install the Product, and in consideration of your use
of the Product, you are deemed to agree to be bound by the terms of this License.
Erik Véliz permits you to use the Product only in accordance with the terms of this
License and your rights under this License will terminate automatically without
notice if you fail to comply with the terms of this License. Should your rights
under this License terminate for any reason you must immediately cease all further
use of the Product and destroy all copies of it.
2. WARRANTY DISCLAIMER THIS PRODUCT IS DELIVERED TO YOU 'AS IS' AND WITH
ALL FAULTS. ERIK VÉLIZ DO NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN
BY USING THIS PRODUCT. EXCEPT TO THE EXTENT THAT ANY WARRANTY, CONDITION, REPRESENTATION
OR TERM CANNOT BE EXCLUDED OR LIMITED BY LAW, WE MAKE NO WARRANTIES, CONDITIONS,
REPRESENTATIONS OR OTHER TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW,
CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT
OF THIRD PARTY RIGHTS, SATISFACTORY QUALITY AND FITNESS FOR PURPOSE. THE PROVISIONS
OF THIS SECTION 2 SHALL SURVIVE THE TERMINATION OF THIS LICENSE HOWSOEVER CAUSED.
3. PRODUCT LICENSE In consideration of your agreeing to abide by the terms of this
License and subject to your compliance with the terms of this License, Erik Véliz
grants you a non-exclusive, non-transferable license to use the Product for the
following purposes and in the following manner:
- You may NOT resell, charge for, sub-license, rent, lease, loan or distribute the
Product without my prior written consent. We reserve the right to withdraw any such
consent (or part thereof) for any reason and without notice and to demand that you
immediately cease any activity in respect of which permission is withdrawn.
- You may NOT repackage, translate, adapt, vary, modify, alter, create derivative
works based upon, or integrate any other computer programs with, the Product in
whole or in part.
- You may NOT use the Product to engage in or allow others to engage in any illegal
activity. - You may NOT transfer or assign your rights or obligations under this
License to any person or authorize all or any part of the Product to be copied on
to another user's computer.
- You may NOT decompile, disassemble, reverse engineer or otherwise attempt to discover
the source code of the Product except to the extent that you may be expressly permitted
to reverse engineer or decompile under applicable law.
- You are NOT permitted to grant any sub-licenses of the Product. You are under
no obligation to purchase any Product support from Erik Véliz. However, where you
do so, this License is subject to any further limitations which may be set out in
your support agreement with Erik Véliz.
4. ADDITIONAL TERMS FOR BUSINESSES Where you are licensing the Product as a business
and not as a consumer, this license shall take effect between Erik Véliz and you
as a business entity and you shall take all appropriate steps to ensure that the
Product is operated in a proper manner by your employees and staff.
5. INTELLECTUAL PROPERTY RIGHTS The Product is intellectual property of Erik Véliz
and is protected by law. You acknowledge that all intellectual property rights in
the Product anywhere in the world belong to Erik Véliz, that rights in the Product
are licensed (not sold) to you, and that you have no rights in, or to, the Product
other than the right to use them in accordance with the terms of this License.
6. LIMITATION OF LIABILITY IN NO CIRCUMSTANCES WILL ERIK VÉLIZ BE LIABLE TO YOU
FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER (WHETHER IN CONTRACT, TORT, NEGLIGENCE
OR OTHERWISE) INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, LOST SAVINGS, LOST
INFORMATION, LOSS OF DATA NOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES. THE
FOREGOING LIMITATIONS AND EXCLUSION APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW IN YOUR JURISDICTION. Nothing in this License limits Erik Véliz's liability
to you in the event of death or personal injury resulting from my negligence or
for fraud. The provisions of this section 6 shall survive the termination of this
License howsoever caused.
7. LAW AND JURISDICTION This License and any dispute or claim arising out of or
in connection with it or its subject matter or its formation (including non-contractual
disputes or claims) shall be governed by and construed in accordance with Guatemalan
law and submitted to the non-exclusive jurisdiction of the Guatemalan courts.
- If any part of this License is found to be void and unenforceable it will not
affect the validity of the remainder of this License, which shall remain valid and
enforceable according to its terms.
- This License may only be varied in writing and signed by an authorized representative
of Erik Véliz.
- Updates may be licensed to you by Erik Véliz with additional or different terms
but Erik Véliz has no obligation to provide any updates.
- This License is the entire agreement between you and I and supersedes any prior
representations, undertakings or advertising relating to the Product and you acknowledge
that in entering into this License you have not relied on any statement, representation,
advertising, assurance or warranty (whether made negligently or innocently) other
than as expressly set out in this License.
- Erik Véliz is entitled to transfer or assign any of its rights or obligations
under the License.