Software License Agreement
This online document is provided for pre-sale, historical, and other reference purposes. It does not supercede or modify the License Agreement that is provided with the SQL Tools Version 3 installation package.
Please note that Perfect Sync Software License Agreements are agreements between the users of our products and Perfect Sync, Inc., even if you obtain the product from one of our Authorized Resellers. You may have reached this page through an Authorized Reseller's web site, but it is maintained by Perfect Sync, Inc.
IMPORTANT NOTE: In this document, "SQL Tools" refers to Perfect Sync's SQL Tools Version 3, i.e. SQL Tools products with version numbers 3.00 through 3.99. This License Agreement is separate and distinct from the License Agreements for versions of SQL Tools less than 3.00 and greater than 3.99.
SQL Tools Version 3
Software License Agreement
and Runtime File Distribution Rights
PLEASE READ THIS ENTIRE DOCUMENT.
IT DESCRIBES YOUR LEGAL RIGHTS AND OBLIGATIONS.
SQL TOOLS STANDARD LICENSE
The SQL Tools Standard License allows you to install the SQL Tools Standard development package (the contents of the SQL Tools Installation File as originally received from Perfect Sync or an authorized distributor) on a single development computer, to use the package for software development, and to distribute the SQL Tools Standard Runtime Files with applications which you develop, which require the Runtime Files to operate properly, and which add significant functionality to the Runtime Files.
SQL TOOLS PRO LICENSE
The SQL Tools Pro License allows you to install the SQL Tools Pro development package (the contents of the SQL Tools Installation File as originally received from Perfect Sync or an authorized distributor) on up to four (4) development computers, to use the package for software development, and to distribute the SQL Tools Pro Runtime Files with applications which you develop, which require the Runtime Files to operate properly, and which add significant functionality to the Runtime Files.
IMPORTANT NOTE: Each SQL Tools Runtime File is serialized. The unique Authorization Code that is embedded in each copy of the Runtime Files will allow Perfect Sync to attribute unauthorized or improper distribution to the original licensee. Attempting to change the embedded Authorization Code is a violation of U.S. and international law, and the Runtime Files will self-deactivate or malfunction if tampering is detected. Perfect Sync cannot be held responsible for damage to databases or other files that may be caused by a SQL Tools Runtime File that has been intentionally altered. (See LIMITED WARRANTY below.)
If you have not purchased a SQL Tools Software License from Perfect Sync or an authorized distributor then you are not legally entitled to use the SQL Tools Runtime Files for software development or to distribute the SQL Tools Runtime Files in any manner whatsoever. You may be violating the law and may be subject to prosecution if you distribute this product or use it for software development. Please refer to the U.S. Copyright Act (and other applicable U.S. and international laws and treaties) for information about your legal obligations regarding the use and distribution of copyrighted and other legally protected works.
This Software License is an agreement between the Licensee ("you") and the Licensor (Perfect Sync, Inc.). By installing SQL Tools (the "software") on a computer system and/or by using the SQL Tools machine-executable files (the "Runtime Files") for software development, you agree to the following terms:
The software and documentation is protected by United States copyright law and international treaties. It is licensed for use on a single computer system (SQL Tools Standard License) or on four computer systems (SQL Tools Pro License). If this software is installed on a computer network, you must obtain a separate license for each network workstation (or group of four workstations) where the software can be used for software development, regardless of whether or not the software is actually used concurrently on multiple workstations.
Only individuals or corporations that have purchased a SQL Tools License from Perfect Sync or from an authorized distributor may reproduce and distribute the SQL Tools Runtime Files, and then only with applications that 1) are written by the licensee, 2) require the Runtime Files to operate, and 3) add significant functionality to the Runtime Files. In that case, and provided that your application bears your complete and legal copyright notice or the following notice (in no less than a 10pt font)...
Portions © Copyright 2001 Perfect Sync, Inc.
...you may distribute the SQL Tools Runtime Files royalty free. The SQL Tools DLL Runtime Files may be reproduced and distributed as separate files. The SQL Tools PBLIB and SLL Runtime Files may not be distributed as separate files; they may be reproduced and distributed only when they are linked to, and become part of, an executable program.
The Perfect Sync Authorization Code which is provided in human-readable form with the SQL Tools installation package is also embedded in the SQL Tools Runtime Files and is considered to be part of the Runtime Files. The Authorization Code may be distributed as part of a machine-readable computer program that meets the requirements above, but it may not be distributed in human-readable form (including source code), disclosed physically, electronically, or verbally to any third party, or distributed in any other form. Disclosure or improper distribution of the Authorization Code would allow the unauthorized use of the SQL Tools Runtime Files by others, and is legally equivalent to the unauthorized distribution of the Runtime Files themselves.
No other portion of the SQL Tools package, including documentation, header files, and sample program code, may be distributed in any form except by Perfect Sync or an authorized distributor.
Perfect Sync, Inc. warrants that the physical disks (if any) and physical documentation (if any) are free of defects in workmanship and materials for a period of thirty (30) days from the date of purchase. If the disks or documentation are found to be defective within the warranty period, Perfect Sync, Inc. will replace the defective items at no cost to you. The entire liability of this warranty is limited to replacement and shall not, under any circumstances, encompass any other damages.
PERFECT SYNC, INC. SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This license and limited warranty shall be construed, interpreted, and governed by the laws of the State of Michigan, in the United States of America, and any action hereunder shall be brought only in Michigan. If any provision is found invalid or unenforceable, the balance of this license and limited warranty shall remain valid and enforceable. Use, duplication, or disclosure by the U.S. Government of the computer software and documentation in this product shall be subject to the restricted rights under DFARS 52.227-7013 applicable to commercial computer software. All rights not specifically granted herein are reserved by Perfect Sync, Inc.
If you have any questions about your rights and responsibilities
under this Software License, please contact
Perfect Sync, Inc.
6511 Franklin Woods Drive
Traverse City, Michigan
You can reach us by electronic mail at
UPDATED 07 APR 2011 EP
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