Linkway SQL Server Job Monitor

Linkway^® SQL Server Job Monitor License Agreement

Computing Solutions Limited - Company Registered in England and Wales - No. 2540518

IMPORTANT – PLEASE READ CAREFULLY

The license(s) granted herein is/are being granted by Computing Solutions Limited pursuant to installing by you (the "Licensee"), of certain Computing Solutions software products to be used by Licensee, and, if applicable, by Licensee, employees, subcontractors or other agents in performing services for Licensee (such employees, subcontractors and agents collectively referred to herein as "Employees").

By installing the software package, or exercising your rights to make and use copies of the Software (as may be provided for below), Licensee agrees to be bound by, and to require each of its Employees to be bound by, Computing Solutions License Agreement (the "Agreement"). If you do not agree to the terms of this Agreement, then DO NOT install or use the SOFTWARE PRODUCT. If you would like specific rights not granted in this Agreement, please contact Computing Solutions for more information.

CONSENT TO USE DATA

You agree that Computing Solutions Limited and its affiliates may collect and use technical information gathered as part of the product support services provided to you, if any, related to the software.  Computing solutions Limited may use this information solely to improve the product or to provide customised services or technologies to you and will not disclose this information in a form that personally identifies you.

SOFTWARE PRODUCT LICENSE (SERVER)

Licensee and each individual Employee who views, links to, or in any way utilizes (via electronic media or otherwise) the Software must be bound to use the Software in accordance with the terms and conditions set forth herein.

The software is provided either for an evaluation period of 14 days (from issue of key) or following payment of the agreed fee a perpetual license to use is granted for the number of server licenses purchased.

OWNERSHIP RIGHTS

The enclosed software, including, but not limited to, one or more of the following: object code, dynamic link libraries, static libraries, header files, utility programs, make files and scripts, together with the accompanying documentation (collectively known as the "Software") is owned by Computing Solutions or its suppliers and is protected by copyright laws and international treaties. Therefore, you must treat the Software like any copyrighted material (e.g., a book or musical recording) except that you may make either:

(1) Make one backup copy of the Software solely for backup purposes,

or

(2) Transfer the Software to a hard disk and keep the original copy solely for backup purposes.

Computing Solutions grants you the limited right to use the software in the manner set forth in this agreement. Subject to the restrictions contained in this agreement you may:

1. Install the software on one SQL server for each license obtained.

1.1. Should the licensee need to transfer the software to another server or version of SQL Server one free transfer may be obtained by contacting Computing Solutions Limited with the original license key(s).  Subsequent changes are at the sole discretion of Computing Solutions Limited and where so granted a transfer fee may be charged.

2. Make an unlimited number of copies (either in hardcopy or electronic form) of Documentation delivered by Computing Solutions, provided that such copies shall be used solely for internal purposes and shall not be republished or distributed to any third party.

3. Install and use the client software on as many client pc's as licensee requires.

Not withstanding any provisions in this agreement to the contrary you may not:

1. Distribute in any manner any of the header files, object modules or independent static libraries of the Software.

2. Use, copy, or decompile all or any portion of the object code of the Software except as expressly provided in this agreement.

3. Distribute any portion of the Software or any derivative of any portion of the Software in a software development product or otherwise in competition with Computing Solution’s distribution of the Software;

4. Decompile, disassemble or reverse engineer any object code form of any portion of the Software;

5. Rent, sub-license or lease the Software to a third party;

6. Port the Software to any computer Operating System other than one provided by Microsoft^®.

The code of the software is a valuable asset of Computing Solutions. You may not transfer or assign the software or your rights under this agreement.

LIMITED WARRANTY

The software and accompanying written materials (including instructions for use) are provided 'as is'.  Computing Solutions does not warrant, guarantee or make any representations regarding the use, or the results of use, of the software or written materials in terms of correctness, accuracy, reliability, current or otherwise.  You assume the entire risk as to the results and performance of the software.

Computing Solutions does not warrant that the Software will meet your requirements, that operation of the Software will be uninterrupted or error-free, or that all Software errors will be corrected. Computing Solutions is not responsible for problems caused by changes in the operating characteristics of computer hardware or computer operating systems which are made after the release of the Software nor for problems in the interaction of the Software with non-Computing Solutions will have no responsibility to replace or refund the license fee for media damaged by accident, abuse or misapplication.

This software is intended for commercial, institutional, and industrial users. The above warranties are exclusive and in lieu of all other warranties, whether expressed or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. No oral or written information or advice given by Computing Solutions, its employees, distributors, dealers or agents shall increase the scope of the above warranties or create any new warranties. Neither computing solutions nor anyone else who has been involved in the creation, production or delivery of the software shall be liable for any direct, indirect, consequential or incidental damages (including damages for loss of business profits, business losses, business interruption, loss of data, and the like) arising out of the use or inability to use the software, or any other claim by any party even if Computing Solutions has been advised of the possibility of such damages. In the event Computing Solutions is liable for any damages, Computing Solutions liability for damages shall be limited to the amount paid for the software under the terms and conditions of this agreement.

This license shall be governed by and construed in accordance with the laws of England. The Licensee and Computing Solutions hereby submit themselves to the sole jurisdiction of the English Courts.

Computing Solutions Limited
10 St Andrew’s Road,
Droitwich,
Worcestershire,
England
WR9 8DN

http://www.linkway.eu

Copyright^© 2009 Computing Solutions Limited.

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