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LIMITED TRANSFER RIGHTS Notwithstanding the foregoing, you may transfer all your rights to use the Software to another person or legal entity provided that: a you also transfer each of this Software License Agreement, the Software, and all other software or hardware bundled or pre-installed with the Software, including all copies, updates and prior versions, and all copies of font software converted into other formats, to such person or entity; b you retain no copies, including backups and copies stored on a computer; c the receiving party secures a personalized key code from Synametrics; and d the receiving party accepts the terms and conditions of this Software License Agreement and any other terms and conditions upon which you legally purchased a license to the Software.
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Some states and jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety 90 days. Synametrics’s and its suppliers’ entire liability and your exclusive remedy shall be, at Synametrics’s option, either i return of the price paid, if any, or ii repair or replacement of the Software that does not meet Synametrics’s Limited Warranty and which is returned to Synametrics with a copy of your receipt.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty 30 days, whichever is longer.
Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Synametrics’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business.
The disclaimer and limited liability above are fundamental to this Software License Agreement between Synametrics and you. Synametrics will indemnify and hold you harmless and will defend or settle any claim, suit, or proceeding brought against you by a third party that is based upon a claim that the content contained in the Software infringes a copyright or violates an intellectual or proprietary right protected by the United States or European Union law “Claim” , but only to the extent the Claim arises directly out of the use of the Software and subject to the limitations set forth in Section 5 of this Agreement except as otherwise expressly provided.
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Notwithstanding the foregoing, you may not transfer education, pre-release, or not-for-resale copies of the Software. Synametrics warrants to the person or entity that first purchases a license for use of the Software pursuant to the terms of this Software License Agreement that i the Software will perform substantially in accordance with any accompanying Documentation for a period of ninety 90 days from the date of receipt, and ii any support services provided by Synametrics shall be substantial as described in Section 6 of this agreement.
Some states and jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
To the extent allowed by applicable law, implied warranties on the Software, if any, are limited to ninety 90 days. Synametrics’s and its suppliers’ entire liability and your exclusive remedy shall be, at Synametrics’s option, either i return of the price paid, if any, or ii repair or replacement of the Software that does not meet Synametrics’s Limited Warranty and which is returned to Synametrics with a copy of your receipt.
This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, Trojan horse, virus, or any other malicious external code. Any replacement Software will be warranted for the remainder of the original warranty period or thirty 30 days, whichever is longer. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
In such states and jurisdictions, Synametrics’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business. The disclaimer and limited liability above are fundamental to this Software License Agreement between Synametrics and you.
Synametrics will indemnify and hold you harmless and will defend or settle any claim, suit, or proceeding brought against you by a third party that is based upon a claim that the content contained in the Software infringes a copyright or violates an intellectual or proprietary right protected by the United States or European Union law “Claim” , but only to the extent the Claim arises directly out of the use of the Software and subject to the limitations set forth in Section 5 of this Agreement except as otherwise expressly provided.
You must notify Synametrics in writing of any Claim within ten 10 business days after you first receive notice of the Claim, and you shall provide to Synametrics at no cost with such assistance and cooperation as Synametrics may reasonably request from time to time in connection with the defense of the Claim. Synametrics shall have sole control over any Claim including, without limitation, the selection of counsel and the right to settle on your behalf on any terms Synametrics deems desirable in the sole exercise of its discretion.
You may, at your sole cost, retain separate counsel and participate in the defense or settlement negotiations. Synametrics shall pay actual damages, costs, and attorney fees awarded against you or payable by you pursuant to a settlement agreement in connection with a Claim to the extent such direct damages and costs are not reimbursed to you by insurance or a third party, to an aggregate maximum equal to the purchase price of the Software.
If the Software or its use becomes the subject of a Claim or its use is enjoined, or if in the opinion of Synametrics’s legal counsel the Software is likely to become the subject of a Claim, Synametrics shall attempt to resolve the Claim by using commercially reasonable efforts to modify the Software or obtain a license to continue using the Software.
If in the opinion of Synametrics’s legal counsel the Claim, the injunction, or potential Claim cannot be resolved through reasonable modification or licensing, Synametrics, at its own election, may terminate this Software License Agreement without penalty, and will refund to you on a pro-rata basis any fees paid in advance by you to Synametrics. This indemnity does not apply to infringements that would not be such, except for customer-supplied elements.
Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase SMP and the level of SMP that you have purchased: a If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance releases or updates.
However, Synametrics, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software.
In addition, Synametrics will provide free technical support to you for thirty 30 days after the date of your purchase the “Support Period” for the purposes of this paragraph a , and Synametrics, in its sole discretion on a case by case basis, may also provide free courtesy technical support during your thirty 30 -day evaluation period. Moreover, it can also be used on any MS Windows environment. Once downloaded, extract the WinSQL files from the archive and install it on your computer.
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Software that is introduced as a separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features. During the Support Period, you may also report any Software problem or error to Synametrics. If Synametrics, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform.
You shall use reasonable efforts to cooperate in the diagnosis or study of errors. Synametrics may include error corrections in maintenance releases, updates, or new major releases of the Software. Synametrics is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact the use of the Software. Updating Software may require the updating of software not covered by this Software License Agreement before installation.
Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by Synametrics under this Software License Agreement. It will be your sole responsibility to: i comply with all Synametrics-specified operating and troubleshooting procedures and then notify Synametrics immediately of Software malfunction and provide Synametrics with complete information thereof; ii provide for the security of your confidential information; iii establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data, or programs.
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Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you. In such states and jurisdictions, Synametrics’s liability shall be limited to the greatest extent permitted by law and the limitations or exclusions of warranties and liability contained herein do not prejudice applicable statutory consumer rights of person acquiring goods otherwise than in the course of business.
The disclaimer and limited liability above are fundamental to this Software License Agreement between Synametrics and you. Synametrics will indemnify and hold you harmless and will defend or settle any claim, suit, or proceeding brought against you by a third party that is based upon a claim that the content contained in the Software infringes a copyright or violates an intellectual or proprietary right protected by the United States or European Union law “Claim” , but only to the extent the Claim arises directly out of the use of the Software and subject to the limitations set forth in Section 5 of this Agreement except as otherwise expressly provided.
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You may, at your sole cost, retain separate counsel and participate in the defense or settlement negotiations. Synametrics shall pay actual damages, costs, and attorney fees awarded against you or payable by you pursuant to a settlement agreement in connection with a Claim to the extent such direct damages and costs are not reimbursed to you by insurance or a third party, to an aggregate maximum equal to the purchase price of the Software.
If the Software or its use becomes the subject of a Claim or its use is enjoined, or if in the opinion of Synametrics’s legal counsel the Software is likely to become the subject of a Claim, Synametrics shall attempt to resolve the Claim by using commercially reasonable efforts to modify the Software or obtain a license to continue using the Software. If in the opinion of Synametrics’s legal counsel the Claim, the injunction, or potential Claim cannot be resolved through reasonable modification or licensing, Synametrics, at its own election, may terminate this Software License Agreement without penalty, and will refund to you on a pro-rata basis any fees paid in advance by you to Synametrics.
This indemnity does not apply to infringements that would not be such, except for customer-supplied elements. Your rights with respect to support and maintenance as well as your upgrade eligibility depend on your decision to purchase SMP and the level of SMP that you have purchased: a If you have not purchased SMP, you will receive the Software AS IS and will not receive any maintenance releases or updates. However, Synametrics, at its option and in its sole discretion on a case by case basis, may decide to offer maintenance releases to you as a courtesy, but these maintenance releases will not include any new features in excess of the feature set at the time of your purchase of the Software.
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There is no guaranteed response time. For the duration of your SMP’s Support Period, you will also be eligible to receive upgrades to the comparable edition of the next version of the Software that succeeds the Software edition that you have licensed for applicable upgrades released during your Support Period. The specific upgrade edition that you are eligible to receive based on your Support Period is further detailed in the SMP that you have purchased.
Software that is introduced as a separate product is not included in SMP. Maintenance releases, updates and upgrades may or may not include additional features. During the Support Period, you may also report any Software problem or error to Synametrics. If Synametrics determines that a reported reproducible material error in the Software exists and significantly impairs the usability and utility of the Software, Synametrics agrees to use reasonable commercial efforts to correct or provide a usable workaround solution in an upcoming maintenance release or update, which is made available at certain times at Synametrics’s sole discretion.
If Synametrics, in its discretion, requests written verification of an error or malfunction discovered by you or requests supporting example files that exhibit the Software problem, you shall promptly provide such verification or files, by email, telecopy, or overnight mail, setting forth in reasonable detail the respects in which the Software fails to perform.
You shall use reasonable efforts to cooperate in the diagnosis or study of errors. Synametrics may include error corrections in maintenance releases, updates, or new major releases of the Software. Synametrics is not obligated to fix errors that are immaterial. Immaterial errors are those that do not significantly impact the use of the Software. Updating Software may require the updating of software not covered by this Software License Agreement before installation.
Updates of the operating system and application software not specifically covered by this Software License Agreement are your responsibility and will not be provided by Synametrics under this Software License Agreement. Synametrics’s obligations under this Section 6 are contingent upon your proper use of the Software and your compliance with the terms and conditions of this Software License Agreement at all times. Synametrics shall be under no obligation to provide the above technical support if, in Synametrics’s opinion, the Software has failed due to the following conditions: i damage caused by the relocation of the software to another location or CPU; ii alterations, modifications or attempts to change the Software without Synametrics’s written approval; iii causes external to the Software, such as natural disasters, the failure or fluctuation of electrical power, or computer equipment failure; iv your failure to maintain the Software at Synametrics’s specified release level; or v use of the Software with other software without Synametrics’s prior written approval.
It will be your sole responsibility to: i comply with all Synametrics-specified operating and troubleshooting procedures and then notify Synametrics immediately of Software malfunction and provide Synametrics with complete information thereof; ii provide for the security of your confidential information; iii establish and maintain backup systems and procedures necessary to reconstruct lost or altered files, data, or programs. Head over to our Contact page and let us know.
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