Software License Agreement for
SAND CDBMS 8.1 Analytics Database
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SAND TECHNOLOGY INC. (“SAND”), REGARDING THE LICENSE OF THE SAND CDBMS 8.1 Analytics Database (THE “SOFTWARE”) and associated documentation. BY ACCESSING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS SOFTWARE LICENSE AGREEMENT (“AGREEMENT”), THAT YOU UNDERSTAND IT, CONSENT TO BE BOUND BY AND BECOMING A PARTY TO THIS AGREEMENT.
SAND grants you a non-exclusive license to use the free version of the Software and associated documentation (together, the “Free Version”) as indicated herein. You MAY: (a) Redistribute the Free Version by any means (CDROM, Cover Disc, Web site, etc.) as long as you do not modify the original package and distribute only the original install package.
You MAY NOT: (a) sell this Free Version package (except for shipment and handling charges); (b) cause or permit reverse engineering, disassembly, de-compilation or alteration of the Software; (c) create derivate work of all or any portion of the Software; (d) remove any product identification, copyright notices, or other notices or proprietary restrictions from the Software; (e) use the Software for any illegal purpose, or in violation of an local, state, national, or international law.
FREE VERSION DISTRIBUTION
You are hereby licensed to make unlimited copies of the Free Version and distribute to anyone provided that all files are intact. You must distribute the install form of the Free Version (for the sake of clarity, you must distribute the INSTALL file, not the files resulting of an installation). You are not allowed to sell the Free Version (except for shipment and handling charges). Press is authorized to distribute it on any Cover Disk, CD-ROM without permission from SAND. Shareware/Freeware Catalog Web sites are authorized to distribute it as a download file (hosted or linked to SAND’s site) without permission from SAND.
This License is effective until terminated. You may terminate it at any time by destroying the Free Version, together with all copies thereof. This License will also terminate if you fail to comply with any term or condition of this Agreement. SAND may terminate this upon ninety (90) days notice.
Upon termination, you agree to destroy the Free Version, together with all copies thereof.
This Software and its source code are proprietary products of SAND and are protected by copyright and other intellectual property laws, including not but limited to:
SAND CDBMS 8.1 Copyright (C) 1987-2020 SAND Technology Inc.
U.S.Pat. 5,036,457, 5,758,353, 5,835,959, 5,930,805 and 5,974,411,
Australian Pat. 620,365, Canadian Pat. 1,338,601, and Patents Pending.
You acknowledge and agree that the Software is proprietary product of SAND whether or not patented or copyrighted. You further acknowledge and agree that all right, title, and interest in and to the Software, including associated intellectual property rights, is and shall remain with SAND. This Agreement does not convey to You an interest in or to the Software, but only a limited right of use in accordance with the terms of this Agreement.
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SAND DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONNINFRINGEMENT. SAND IS NOT OBLIGATED TO PROVIDE ANY UPDATES TO THE SOFTWARE. SAND DOES NOT WARRANT THAT THE SOFTWARE OR ANY PART THEREOF WILL MEET THE CLIENT’S REQUIREMENTS OR BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT ERRORS WILL BE CORRECTED.
NO LIABILITY FOR DAMAGES
IN NO EVENT AND SHALL SAND BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, DIRECT, INDIRECT, SPECIAL AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING FAULT, NEGLIGENCE AND THE FAILURE OF THE ESSENTIAL PURPOSE.
You shall defend, indemnify and hold harmless SAND, its Affiliates, officers, directors, agents and employees from any liability, loss, damage, cost or expense (including reasonable attorney’s fees) arising out of any act or omission by you in connection with the Software.
GOVERNING LAW AND JURISDICTION
This Agreement and all rights and obligations hereunder, including but not limited to matters of construction, validity and performance, shall be governed by and construed in accordance with the laws of the Province of Ontario.
Each of the parties hereto: (i) irrevocably submits to the exclusive jurisdiction of any Ontario provincial or federal court in any action or proceeding arising out of or relating to this Agreement; and (ii) irrevocably agrees that all claims in respect of such action or proceeding shall be heard and determined in such Ontario provincial or federal court. Each of the parties hereto irrevocably waives, to the fullest extent it may legally do so, any rights to a trial by jury in such action or proceeding and the defense of an inconvenient forum to the maintenance of such action or proceeding. Each of the parties hereto agrees that a final judgment in any such action or proceeding shall be conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.