End User License Agreement
ORCL Toolbox Ltd.
ORCL Toolbox® SOFTWARE END USER LICENSE AGREEMENT
IMPORTANT: THIS SOFTWARE END USER LICENSE AGREEMENT ("EULA") IS A LEGAL AGREEMENT BETWEEN YOU AND ORCL TOOLBOX. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING ANY OF OUR SOFTWARE. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN SELECT THE "CANCEL" BUTTON NOW.
(a) "ORCL Toolbox" means ORCL Toolbox Ltd and its suppliers and licensors, if any.
(b) "Trial Version", "Alphatest" or "Betatest" means a version of the Software, so identified, to be used to review and evaluate the Software, only.
(c) "Software" means the software program supplied by ORCL Toolbox herewith, which may also include documentation, associated media, printed materials, and online and electronic documentation.
(d) "End User" or "User" means a human being. An Electronic Processes (like for example some automated task that runs on a Server) does not count as a "User" and is covered by the license for the real "User".
This EULA allows you to:
(a) Install and use the Software on as many computers as you want; ORCL-Toolbox licenses "End Users" of the software and not "Installations". You are welcome to install this Software on your work computer as well as on your Laptop and wherever else you might need it.
(b) Make copies of the Software in machine-readable form solely for backup purposes. You must reproduce on any such copy all copyright notices and any other proprietary legends on the original copy of the Software.
3. License Restrictions
(a) Other than as set forth in Section 2, you may not make or distribute copies of the Software, or give access to the software (through a network for example) to any other User unless they have a valid license.
(b) You may not decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.
(c) You may not rent, lease, or sublicense the Software.
(d) You may permanently transfer all of your rights under this EULA only as part of a sale or transfer, provided you retain no copies, you transfer all of the Software (including all component parts, the media and printed materials, any upgrades, this EULA, and the serial numbers), and the recipient agrees to the terms of this EULA. If the Software is an upgrade, any transfer must include all prior versions of the Software. You may not sell or transfer any Software purchased under a volume discount.
(e) You may not modify the Software or create derivative works based upon the Software.
(f) You agree that ORCL TOOLBOX may audit your use of the Software for compliance with the EULA at any time, upon reasonable notice.
(g) In the event that you fail to comply with this EULA, ORCL Toolbox may terminate the license and you must destroy all copies of the Software.
If this copy of the Software is an upgrade from an earlier version of the Software, it is provided to you on a license exchange basis. You agree by your installation and use of this copy of the Software to voluntarily terminate your earlier EULA and that you will not continue to use the earlier version of the Software or transfer it to another person or entity unless such transfer is pursuant to Section 3.
The foregoing license gives you limited license to use the Software. ORCL Toolbox and its suppliers retain all right, title and interest, including all copyrights, in and to the Software and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by ORCL Toobox and its suppliers.
6. LIMITED WARRANTY AND DISCLAIMER
(a) LIMITED WARRANTY.ORCL Toolbox warrants that, for a period of ninety (90) days from the date of delivery (as evidenced by a copy of your receipt): (i) when used with a recommended hardware configuration, the Software will perform in substantial conformance with the documentation supplied with the Software; and (ii) the physical media on which the Software is furnished will be free from defects in materials and workmanship under normal use.
(b) NO OTHER WARRANTY. EXCEPT AS SET FORTH IN THE FOREGOING LIMITED WARRANTY, ORCL TOOLBOX AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NONINFRINGEMENT, TITLE OR QUIET ENJOYMENT. IF APPLICABLE LAW IMPLIES ANY WARRANTIES WITH RESPECT TO THE SOFTWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF DELIVERY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ORCL TOOLBOX, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
7. Exclusive Remedy
Your exclusive remedy under Section 6 is to return the Software to the place you acquired it, with a copy of your receipt and a description of the problem. ORCL Toolbox will use reasonable commercial efforts to supply you with a replacement copy of the Software that substantially conforms to the documentation, provide a replacement for defective media, or refund to you your purchase price for the Software, at its option. ORCL Toolbox shall have no responsibility if the Software has been altered in any way, if the media has been damaged by accident, abuse or misapplication, or if the failure arises out of use of the Software with other than a recommended hardware configuration.
8. LIMITATION OF LIABILITY
(a) NEITHER ORCL TOOLBOX NOR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS, INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THIS EULA BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ORCL TOOLBOX OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
(b) ORCL TOOLBOX'S TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER WILL BE LIMITED TO THE GREATER OF $200 US DOLLARS OR THE AMOUNT PAID BY YOU FOR THE SOFTWARE THAT CAUSED SUCH DAMAGE.
9. Basis of Bargain
The Limited Warranty, Exclusive Remedies and Limited Liability set forth above are fundamental elements of the basis of the agreement between ORCL Toolbox and you. ORCL Toolbox would not be able to provide the Software on an economic basis without such limitations.
10. U.S. GOVERNMENT RESTRICTED RIGHTS LEGEND
This Software and the documentation are provided with "RESTRICTED RIGHTS. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in this EULA and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013 (c)(1)(ii)(OCT 1988), FAR 12.212(a)(1995), FAR 52.227-19, or FAR 52.227-14, as applicable.
11. (Outside of the USA) Consumer End Users Only
The limitations or exclusions of warranties and liability contained in this EULA do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business.
12. General Provisions
This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. All questions concerning this EULA shall be directed to ORCL Toolbox.
13. Third Party Software
(a) Oracle and all Oracle Productnames are a trademark of Oracle, Inc.
(b) Delphi and all Delphi Productnames are a trademark of Embarcadero, Inc.
(c) Solaris, Java, and all Java-based trademarks and logos are trademarks or registered trademarks of Sun Microsystems, Inc. in the U.S. or other countries, and are used under license.
(d) Microsoft, Microsoft Windows and the Microsoft Internet Explorer logo are registered trademarks or trademarks of Microsoft Corporation in the United States and/or other countries.
Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners.