This is a legal agreement between Skyhawk Systems and you the user. It applies
to any software provided by Skyhawk Systems including the Connect XML-2-DB demo versions.
If you do not agree to these terms and conditions then you may not install or
use the Connect XML-2-DB software.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWN-LOADING
ANY PART OF THE Connect XML-2-DB SOFTWARE. SKYHAWK SYSTEMS WILL ONLY LICENSE THE PROGRAM
MATERIALS TO YOU IF YOU FIRST ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO
NOT AGREE TO THE TERMS OF THIS AGREEMENT DO NOT PROCEED WITH THE INSTALLATION
OF THE Connect XML-2-DB SOFTWARE.
1. License and Ownership.
The Connect XML-2-DB software is licensed and not sold. It and its accompanying files
and/or documents are owned and copyrighted by Skyhawk Systems.. Skyhawk Systems
grants the user a non-exclusive non-transferable license to use the Connect XML-2-DB software
on one computer. If you wish to use the software on more than one computer then
you must purchase additional licenses. If you have purchased a SITE license then
you may use the software on any number of computers at the one physical location.
One physical location means one building or contiguous group of buildings. You
may not reverse engineer, disassemble, decompile or alter this software in any
way except to the extent that the foregoing restriction is expressly prohibited
by applicable law.
2. Copying and Distribution.
You may NOT reproduce and distribute copies of the Connect XML-2-DB distribution files
or any of their constituent files or materials to third parties. You may make
copies for internal backup purposes.
3. Warranty Disclaimer and Limitation of Liability
The Connect XML-2-DB software is licensed to the user on an "AS IS" basis. Skyhawk Systems
MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS Connect XML-2-DB
SOFTWARE AND ITS ASSOCIATED FILES AND DOCUMENTS INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Skyhawk Systems
DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE,
OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. You the user are solely responsible
for determining the appropriateness of the software for your use and accept full
responsibility for all risks associated with its use. Skyhawk Systems is not and
will not be liable for any direct, indirect, special or incidental damages (including
loss of profits or interruption of business) however caused even if Skyhawk Systems
has been advised of the possibility of such damages.
SKYHAWK SYSTEMS WILL NOT BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, OR INDIRECT DAMAGES OR FOR ANY ECONOMIC CONSEQUENTIAL DAMAGES (INCLUDING
LOST PROFITS OR SAVINGS), EVEN IF SKYHAWK SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. SKYHAWK SYSTEMS will not be liable for 1) loss of, or damage
to, your records or data or 2) any damages claimed by you based on any third
party claim. This limitation of liability also applies to any developer of a
Program supplied to SKYHAWK SYSTEMS.
If any provision of this Agreement is held to be unlawful or unenforceable, or otherwise invalid, this Agreement will remain in effect
with the invalid provisions omitted, unless omission would frustrate the intent of the parties, in which case this Agreement will immediately terminate.
5. Complete Agreement.
This Agreement is the entire agreement between you and Skyhawk Systems relating to its subject matter. It supersedes all prior or contemporaneous oral or written communications,
proposals, conditions, representations and warranties and prevails over any conflicting or additional terms of any quote, order, acknowledgment,
or other communication between the parties relating to its subject matter during the term of this Agreement.
No modification to this Agreement will be binding, unless in writing and signed by an authorized representative of each party.
Any action related to this Agreement will be governed by the laws of the State
of California, United States of America.
Copyright © 2003 Skyhawk Systems