License agreement for Native Sybase Connector
Caution: By installing and using this software, you agree to the terms of the license agreement:
CUSTOMER shall mean the original customer (either individual or company) who purchased a license.
SOFTWARE shall mean the right to use "Native Sybase Connector" (also called "Native Sybase Access") purchased by the CUSTOMER.
This user license is granted to the CUSTOMER in exchange for the payment of a purchase price.
This SOFTWARE shall be used with one, and only one, DATA SERVER that uses the given database.
A DATA SERVER corresponds to the environment in which the server process of the database is run. This environment can be physical (a specific CPU) or virtual (a specific memory area).
The CUSTOMER shall purchase as many licenses as the number of servers that will be in relation with this SOFTWARE.
For a virtualized DATA SERVER, a SOFTWARE license is required for each virtualized instance.
This license is granted only after full payment of rights as indicated on the price list on the day of the purchase.
PC SOFT reserves the rights to terminate this LICENSE if the CUSTOMER violates any provisions hereof and, in the event of such termination, the CUSTOMER agrees to return the SOFTWARE to PC SOFT. The SOFTWARE is the sole and exclusive property of PC SOFT.
CUSTOMER ownership is limited to the DVD purchased (if provided). The CUSTOMER agrees to make no more than one (1) copy for archival purposes and further agrees to label said copies with all information included on original DVD label. If the SOFTWARE has been provided as a setup package, the CUSTOMER is allowed to make only one (1) backup copy. By removing the download card or DVD from their original package, the CUSTOMER agrees to the terms of this LICENSE.
|2. Transfer and reproduction|
The CUSTOMER agrees to take all reasonable steps to exercise due diligence to protect SOFTWARE from unauthorized reproduction, publication, disclosure or distribution. Unauthorized transfer and/or reproduction of these materials may be a crime subjecting the CUSTOMER to civil and criminal prosecution. The CUSTOMER may not transfer any copy of the SOFTWARE to any other person without the prior consent of PC SOFT. PC SOFT reserves the right to revoke this LICENSE and/or seek remedies to which it is entitled should these conditions be violated.
|3. Composite programs|
Using the SOFTWARE or part of it to create a software that could be a competitor of the SOFTWARE is forbidden.
CUSTOMER may not rent or lease the SOFTWARE.
|4. Limited warranty|
The SOFTWARE is sold as is, without any warranty as to performance, merchantability, or fitness for any particular purpose. The entire risk as to the results and performance of this program is assumed by the CUSTOMER. However, to the original purchaser only, PC SOFT guarantees the package that contains the program (if provided) to be free from defects in materials and faulty workmanship under normal use for a period of ninety days from the date of purchase. If during this ninety-day period the DVD should become defective, the CUSTOMER may return the DVD for replacement without charge. The CUSTOMER's sole and exclusive remedy in the event of a defect is expressly limited to the replacement of the DVD as provided above. If failure of a DVD has resulted from an accident or abuse, PC SOFT shall have no responsibility to replace the DVD, under the terms of this limited warranty. Any implied warranties relating to the DVD, including any implied warranties of merchantability and fitness for a particular purpose, are limited to a period of ninety days from the date of purchase. PC SOFT shall not be liable for indirect, special or consequential damages resulting from the use of this product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights. The CUSTOMER and PC SOFT agree that SOFTWARE is not intended as "Consumer Goods" under warranty laws of USA.
PC SOFT maintains a policy of ongoing updates and product improvement. PC SOFT shall provide the CUSTOMER with either copies of updated material or notification of availability and price schedules where appropriate. In the event legal action is brought by either the CUSTOMER or PC SOFT to enforce the terms of this license agreement, the prevailing party shall be entitled to recover reasonable attorney fees and expenses in addition to any other relief deemed appropriate by the court. This LICENSE shall represent the only agreement between the CUSTOMER and PC SOFT. PC SOFT and WINDEV are trademarks of PC SOFT Company, in France and other countries.
By keeping and using this software, you indicate that understand and agree to the terms of this license.
This license shall not be modified by the representations of anyone unless a written amendment has been signed by a corporate officer of PC SOFT.
This license agreement is governed by French Laws; any disputes that may arise are to be settled within the jurisdiction of the courts where PC SOFT has its headquarters.
3, rue de Puech Villa
BP 44 408
34197 Montpellier Cedex 5
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