NOTICE TO USER: BY INSTALLING OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ IT CAREFULLY.
THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") SHALL GOVERN YOUR INSTALLATION AND USE OF THE ACCOMPANYING SYBASE ADAPTIVE SERVER ENTERPRISE EXPRESS EDITION v15.7.x SOFTWARE PROGRAM, DOCUMENTATION AND RELATED EXPLANATORY MATERIALS (THE "PROGRAMS"). IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU MAY NOT INSTALL OR USE THE PROGRAMS.
YOU ARE REQUIRED TO ACCEPT THE TERMS OF THE AGREEMENT BEFORE YOU CONTINUE TO INSTALL THE PROGRAMS. YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT BY CLICKING “I ACCEPT” BELOW.
UPON YOUR ACCEPTANCE OF THIS AGREEMENT, SYBASE GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO USE THE PROGRAMS AS FOLLOWS:
1. USE OF PROGRAMS. You may install and use the Programs solely for your internal business purposes by your employees, agents and contractors. Additionally, you may permit access to the Programs by External Internet Seats. “External Internet Seats” means Seats which access the Programs via the Internet. “Seat” means a specific identifiable unique accessor of information, such as a terminal, PC, wireless or handheld device, single user workstation or real time device. External Internet Seats may query the Program database and update such database to the extent allowed by your application, but may not use the Programs to develop or modify applications or perform other programming tasks. The Programs may not be transferred, distributed, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to another party without Sybase's prior written consent.
2. COPY RESTRICTIONS AND OTHER RESTRICTIONS. You may not copy the Programs except that you may either install the Programs on your hard disk or make one copy for inactive back-up and archival purposes for your own use. Except as expressly permitted in the documentation, you may not modify or adapt the Programs in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Programs (except to the extent applicable laws specifically prohibit such restriction). You may not use the Programs for timesharing, rental or service bureau purposes. You shall not remove any copyright notices or other proprietary notices from the Programs or Documentation and you must reproduce such notices on all copies or extracts of the Programs and Documentation. Results of benchmark or other performance tests run on the Programs may not be disclosed to any third party without Sybase's prior written consent. Transfer of the Programs outside the country in which it was originally delivered to you is not permitted without Sybase’s prior written consent, and is subject to compliance with all applicable export regulations and restrictions. Upon reasonable notice to you, Sybase may audit your use of the Programs.
3. COPYRIGHT AND OWNERSHIP. The Programs are owned by Sybase, its subsidiaries or their suppliers and are protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Programs as permitted herein and do not acquire any rights of ownership in the Programs or any other implied rights or licenses under any intellectual property rights of Sybase.
4. CONFIDENTIALITY. "Confidential Information" shall include the Program (including methods or concepts utilized therein) and all information identified by Sybase as proprietary or confidential. Confidential Information shall remain the sole property of Sybase and shall not be disclosed to any third party without the express written consent of Sybase; except that you may disclose Confidential Information to consultants performing services for your benefit, provided that such consultants are bound by a written non-disclosure agreement with you protecting such Confidential Information in a manner consistent with this Agreement. Except with respect to the Program, items will not be deemed Confidential Information if (i) available to the public other than by a breach of an agreement with Sybase; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iii) independently developed by you without access to the Confidential Information; or (iv) if proven to have been known to you at the time of disclosure. You shall immediately inform Sybase if you are required to produce Confidential Information by operation of law, and if so requested by Sybase, shall provide reasonable assistance to Sybase in seeking to limit such production. A copyright notice on a Program does not, by itself, constitute evidence of publication or public disclosure.
5. SUPPORT. These Programs are provided on an "as is" basis and are unsupported. This Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Programs.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Programs are Commercial Computer Software. Use, duplication and disclosure of the Programs and Documentation by the U.S. Government is subject to restrictions set forth in this Agreement, which incorporates all applicable FAR provisions, for example FAR Section 52.227-19, or in a written agreement specifying the Government's right to use the Programs. Sybase reserves all unpublished rights under U.S. copyright laws.
7. TERMINATION. This Agreement is effective until terminated. Sybase may immediately terminate this Agreement on notice to you. You may terminate it at any time by destroying the Programs. This Agreement will also terminate if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to destroy all copies of the Programs in any form. All disclaimers of warranties and limitations of liability shall survive any termination of the Agreement.
8. WARRANTY DISCLAIMER. The Programs are provided AS IS, without any warranty whatsoever. SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION ON LIABILITY. NEITHER SYBASE, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF DATA, LOSS OF PROFITS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Programs or any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.
11. ENGLISH LANGUAGE. The parties have requested that the Agreement and all documents contemplated hereby be drawn up in English (les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par las présentes soient rédigés en anglais).
12. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Program and is governed by the laws of the State of California (other than its conflict of law provisions). If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed, as necessary, to eliminate its unenforceability, and all other provisions shall remain unaffected. The failure or delay of either party to exercise any of its rights shall not be deemed a waiver of such rights, and no waiver of any breach of this Agreement shall constitute a waiver of any other breach.
13. PRODUCT SPECIFIC LICENSE TERMS. The Program may contain or be provided with component software products from both Sybase and third parties. Except as set forth below, use of all components is limited to use in the same manner and capacity for which the Program as a whole is licensed. The terms of this Agreement govern the Sybase components provided with the Program, notwithstanding any other Sybase license documentation that may accompany those components. Additional licenses for Sybase components may be available from Sybase for a fee.
A. Sybase Developer Components/Distributable Components/Sample Code. The Program may contain or be provided with developer copies of the Sybase Software Developer’s Kit, Open Server and PowerDesigner® (“Developer Components”). The Developer Components are licensed without further charge for use on a single computer system for development purposes only. Use and distribution of the Distributable Components of the Program and/or of the Developer Components (as specified in and subject to the limitations in the Documentation) is permitted without charge. You may use and modify the source code version of those portions of the Program and/or the Developer Components that are provided as sample code (if any) for your internal use only.
B. Free Download Components. The Program, including any Developer Components provided with it, may include certain third party open source and other free download components (“Free Download Components”). You may have additional rights in the Free Download Components that are provided by the third party licensors of those components. The Free Download Components and any such third party licenses and third party-required notices for the Program are identified at http://www.sybase.com/thirdpartylegal (third party licenses and notices for Free Download Components included as part of the Developer Components are identified under the names of those products). Any obligations undertaken by Sybase in the Agreement relating to the Free Download Components as part of the Program are provided by Sybase alone, and not by the third party licensors of the Free Download Components. A. FURTHER DISCLAIMER OF WARRANTIES AND LIABILITIES. The Free Download Components are provided “AS IS” by the third party licensors, who disclaim all liabilities, damages (even if they have been advised of the possibility of such damages), warranties, indemnities and other obligations of any kind, express or implied, with regard to the Free Download Components. Nothing in the foregoing affects any performance warranty provided by Sybase with regard to the Program as a whole. B. DISCLAIMER OF INDEMNITIES. The Free Download Components are excluded from any indemnity that may be provided by Sybase or its subsidiaries in the Agreement.