Liquid Controls DB Manager - Manual (Page 3)

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sofTware lICense agreemenT
- InTroduCTIon
Read this license carefully. You agree that by using the itemized software package, you have
agreed to the software license terms and conditions. This agreement constitutes complete and
entire agreement between you and Liquid Controls with respect to this product.
1. Liquid Controls hereby grants to Licensee a nonexclusive
license to use DBManager (hereinafter referred to as
“Licensed Software”)
2. Under the License granted herein, Licensee may use the
fieldized machine readable (executable code) copy of the
Software, including any subsequent updates which may
be provided. Licensee shall not, without Liquid Controls’
prior written consent, (a) rent, lease, lend, sublease or
otherwise transfer the materials hereunder; (b) remove
or obscure proprietary or copyright notices which may
be set forth on the Licensed Software; or (c) alter,
decompile, or disassemble the program.
3. One (1) copy of the Licensed Software, including any
software distributed on disks may be made for backup
purposes only. No other copies may be made or used
without the written consent of Liquid Controls.
4. Title. No title to ownership of any Licensed Software is
transferred to the Licensee.
5. Upgrades. License upgrades may become available for
the Licensed Software. Any cost associated with such
upgrades will solely be determined by Liquid Controls.
6. Warranty. Liquid Controls makes and licensee receives
no warranty express or implied and there are expressly
excluded all warranties of merchantability and fitness for
a particular purpose.
7. Limitation of Liability. Licensee shall have the sole
responsibility for adequate protection and backup of
its data in connection with the Licensed Software. In
no event shall Liquid Controls be liable for (a) special,
indirect or consequential damages; (b) any damages
whatsoever resulting from loss of use, data, or profits,
product, inaccurate input or work delays, or any direct
property damage arising out of or in connection with this
agreement or the use or performance of the Licensed
Software.
8. Termination. Liquid Controls may terminate this software
license granted hereunder and require return of the
Licensed Software if Licensee fails to comply with these
license terms and conditions.
9. Licensee acknowledges that it has read this agreement,
understands it, and agrees to be bound by its terms, and
further agrees that this is the complete and exclusive
statement of the agreement between Liquid Controls
and Licensee, which supersedes and merges all prior
proposals, understandings, and all other agreements, oral
or written, between the parties relating to this agreement.
This agreement may not be modified or altered except by
written instrument duly executed by both parties.
10. This Agreement and performance hereunder shall be
construed and interpreted under the laws of the State of
Illinois.
11. If any provision of this agreement is invalid under any
applicable statute or rule of law, it is to that extent to be
deemed omitted.
12. Licensee may not assign or sublicense, without the prior
written consent of Liquid Controls, its rights, duties, or
obligations under this Agreement to any person or entity
in whole or in part.
13. The waiver or failure of Liquid Controls to exercise in any
respect any right provided herein shall not be deemed a
waiver of any further right hereunder.