End-User License Agreement (EULA)

 
 
THIS END-USER LICENCE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND VG SOFTWARE FOR THE SOFTWARE PRODUCT SQL CHECKUP, WHICH INCLUDES COMPUTER SOFTWARE, PRINTED MATERIALS, AND ELECTRONIC DOCUMENTATION (“SOFTWARE”). THE SOFTWARE PRODUCT ALSO INCLUDES ANY SOFTWARE UPDATES, ADD-ON COMPONENTS, WEB SERVICES AND/OR SUPPLEMENTS THAT VG SOFTWARE MAY PROVIDE TO YOU OR MAKE AVAILABLE TO YOU AFTER THE DATE YOU OBTAIN YOUR INITIAL COPY OF THE SOFTWARE PRODUCT. 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, AND DESTROY ALL COPIES. The SOFTWARE is protected by copyright and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.
 
 

GRANT OF LICENCE

VG Software grants you a non-exclusive time-limited license to evaluate the SOFTWARE. After the trial period expires you must either remove the SOFTWARE or purchase a permanent license. A permanent user license may be installed onto a single computer, and optionally onto a laptop computer for exclusive use by the licensed user. The SOFTWARE may be installed only on as many computers as you have permanent user licenses for. Licenses are delivered automatically after purchase via PayPal, and are not pre-verified by a human before processing. Please ensure all order details are correct when placing your order. By purchasing any one of our products online, you agree to pay the full amount listed on our web site for the license purchased. If there is a discrepancy in your order, or your order is charged back, you will be contacted to resolve the matter You are expected to use the SOFTWARE on your system and to thoroughly evaluate its usefulness and functionality before making a purchase. When you first obtain a copy of the SOFTWARE, you are granted an evaluation copy with the free users limitation. This “try before you buy” approach is the ultimate guarantee that the SOFTWARE will perform to your satisfaction; therefore, you understand and agree that there is no refund policy for any purchase of the SOFTWARE.
 
 

OTHER RIGHTS AND LIMITATIONS

The SOFTWARE is time-locked, and may only be used for evaluation purposes for the number of days indicated. You may not attempt to bypass the time-limitation in any way. The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer, but you may freely distribute the trial time-locked version to others. You may not rent, lease, or loan the SOFTWARE. You agree to hold the SOFTWARE in confidence and to take reasonable steps to prevent unauthorized copying.
Reverse engineering. You agree that you will not attempt to reverse compile, modify, translate, or disassemble the SOFTWARE in whole or in part.
SOFTWARE Transfer. Except as specified in this Section, the initial licensee of the SOFTWARE may make a one-time permanent transfer of this EULA and SOFTWARE only directly to an end user. This transfer must include all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA, and, if applicable, the Certificate of Authenticity). Such transfer may not be by way of consignment or any other indirect transfer. The transferee of such one-time transfer must agree to comply with the terms of this EULA, including the obligation not to further transfer this EULA and SOFTWARE Product.
 
 

LICENCE VIOLATION

We collect information about your computer, including a unique computer id to determine the number of installations of the SOFTWARE, and also collect information about your IP address and your e-mail address to identify users. This information is held in the strictest confidence and is used to detect, prevent and prosecute violation of the license terms and conditions.
 
 

COPYRIGHT

All title and copyrights in and to the SOFTWARE, the accompanying printed materials, and any copies of the SOFTWARE, are owned by VG Software. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE.
 
 

LIMITED WARRANTY

VG Software makes no warranty, expressed or implied, about the merchantability or fitness for a particular purpose, of the SOFTWARE during the evaluation period. You install it, and evaluate it, entirely at your own risk. Only when a license has been purchased does VG Software warrant that the SOFTWARE will perform substantially in accordance with the accompanying documentation for a period of ninety (90) days from the date of receipt. Any implied warranties on the SOFTWARE are limited to ninety (90) days, or the shortest period permitted by applicable law, whichever is greater. Any supplements or updates to the SOFTWARE PRODUCT, including without limitation, any (if any) service packs or hot fixes provided to you after the expiration of the ninety (90) day Limited Warranty period are not covered by any warranty or condition, express, implied or statutory. To the maximum extent permitted by the applicable law, VG Software disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE, the accompanying product manual(s) and written material.
 
 

CUSTOMER REMEDIES

VG Software’s entire liability and your exclusive remedy shall be, at VG Software’s option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet VG Software’s Limited. This Limited Warranty is void if failure of the SOFTWARE has resulted from an accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Neither these remedies nor any product support services offered by VG Software are available without proof of purchase from an authorized international source.
 
 

LIMITED LIABILITY

To the maximum extent permitted by applicable law, VG Software shall not be liable for any other damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, business information, or other pecuniary loss) arising out of the use or inability to use this product, even if VG Software has been advised of the possibility of such damages. In any case, VG Software’s entire liability under any provision of this agreement shall be limited to the price paid for the SOFTWARE.
 
 

APPLICABLE LAW

This EULA is governed by the laws in force in the Province of Ontario, Canada. In respect of any dispute, which may arise hereunder, You consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario.
 
 

TERMINATION

Without prejudice to any other rights, VG Software may terminate this EULA if you fail to comply with the terms and conditions herein. In such event, you must destroy all copies of the SOFTWARE and all of its component parts.
 
 

ENTIRE AGREEMENT

THIS IS THE ENTIRE AGREEMENT BETWEEN YOU AND VG SOFTWARE, WHICH SUPERSEDES ANY PRIOR AGREEMENT OR UNDERSTANDING, WHETHER WRITTEN OR ORAL, RELATING TO THE SUBJECT MATTER OF THIS LICENSE.