Sybase IQ Evaluation Edition

IMPORTANT - READ CAREFULLY BEFORE USING THE ACCOMPANYING SOFTWARE

SYBASE® IQ V15.2 - EVALUATION EDITION
LICENSE AGREEMENT

NOTICE TO USER: BY INSTALLING OR USING THIS SOFTWARE YOU ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ IT CAREFULLY.

THE FOLLOWING TERMS AND CONDITIONS ("AGREEMENT") SHALL GOVERN YOUR INSTALLATION AND USE OF THE ACCOMPANYING SYBASE IQ V15.2 - EVALUATION EDITION PROGRAM, DOCUMENTATION AND RELATED EXPLANATORY MATERIALS (THE "EVALUATION PROGRAM"). IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU MAY NOT INSTALL OR USE THE EVALUATION PROGRAM.

YOU ARE REQUIRED TO ACCEPT THE TERMS OF THE AGREEMENT BEFORE YOU CONTINUE TO INSTALL THE EVALUATION PROGRAM.  YOU INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT BY CLICKING I ACCEPT BELOW.

UPON YOUR ACCEPTANCE OF THIS AGREEMENT, SYBASE GRANTS YOU A LIMITED, NON-EXCLUSIVE LICENSE TO USE THE EVALUATION PROGRAM AS FOLLOWS:

1. USE OF EVALUATION PROGRAM. You may install and use the Evaluation Program internally in your organization solely for evaluation purposes on a single computer system. You may not use the Evaluation Program for any development, commercial or production purpose. The Evaluation Program may not be transferred, sold, assigned, sublicensed or otherwise conveyed (whether by operation of law or otherwise) to another party without Sybase's prior written consent.

2. COPY RESTRICTIONS AND OTHER RESTRICTIONS. You may not copy the Evaluation Program except that you may either install the Evaluation Program on your hard disk or make one copy for inactive back-up and archival purposes for your own use. Except as expressly permitted in the documentation, you may not modify or adapt the Evaluation Program in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Evaluation Program (except to the extent applicable laws specifically prohibit such restriction). You may not use the Evaluation Program for timesharing, rental or service bureau purposes. You shall not remove any copyright notices or other proprietary notices from the Evaluation Program or documentation and you must reproduce such notices on all copies or extracts of the Evaluation Program and documentation.  Results of benchmark or other performance tests run on the Evaluation Program may not be disclosed to any third party without Sybase's prior written consent.  Transfer of the Evaluation Program outside the country in which it was originally delivered to you is not permitted without Sybase´s prior written consent, and is subject to compliance with all applicable export regulations and restrictions.  Upon reasonable notice to you, Sybase may audit your use of the Evaluation Program.

3. COPYRIGHT AND OWNERSHIP. The Evaluation Program is owned by Sybase, its subsidiaries or their suppliers and is protected by copyright laws and international treaty provisions. You acquire only the non-exclusive right to use the Evaluation Program as permitted herein and do not acquire any rights of ownership in the Evaluation Program or any other implied rights or licenses under any intellectual property rights of Sybase.

4. SUPPORT. The Evaluation Program is provided on an "as is" basis and is unsupported. This Agreement does not entitle you to any maintenance or other services or any updates or new versions of the Evaluation Program.

5. CONFIDENTIAL INFORMATION.  "Confidential Information" shall include the Evaluation Program (including methods or concepts utilized therein) and all information identified by Sybase as proprietary or confidential.  Confidential Information shall remain the sole property of Sybase and shall not be disclosed to any third party without the express written consent of Sybase; except that you may disclose Confidential Information to consultants performing services for your benefit, provided that such consultants are bound by a written non-disclosure agreement with you protecting such Confidential Information in a manner consistent with this Agreement.  Except with respect to the Evaluation Program, items will not be deemed Confidential Information if (i) available to the public other than by a breach of an agreement with Sybase; (ii) rightfully received from a third party not in breach of any obligation of confidentiality; (iii) independently developed by you without access to the Confidential Information; or (iv) if proven to have been known to you at the time of disclosure.  You shall immediately inform Sybase if you are required to produce Confidential Information by operation of law, and if so requested by Sybase, shall provide reasonable assistance to Sybase in seeking to limit such production.  A copyright notice on the Evaluation Program does not, by itself, constitute evidence of publication or public disclosure.

6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Evaluation Program is Commercial Computer Software. Use, duplication and disclosure of the Evaluation Program and documentation by the U.S. Government is subject to restrictions set forth in this license or in a written agreement specifying the Government's right to use the Evaluation Program. Sybase reserves all unpublished rights under U.S. copyright laws.

7. TERMINATION. Your license to use the Evaluation Program will automatically terminate as of the date thirty (30) days after you install the Evaluation Program.  The evaluation term may be extended in the event Sybase provides you with an evaluation license key which allows the Evaluation Program to operate for an additional period to time. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE EVALUATION PROGRAM MAY CONTAIN A DEVICE WHICH SHALL CAUSE IT NOT TO OPERATE AFTER EXPIRATION OF THE EVALUATION TERM.  In addition, Sybase may immediately terminate this Agreement on notice to you. Upon termination, you shall cease using the Evaluation Program and shall destroy all copies of the Evaluation Program (and associated documentation) in any form. All disclaimers of warranties and limitations of liability shall survive any termination of this Agreement.

8. WARRANTY DISCLAIMER. The Evaluation Program IS provided AS IS, without any warranty whatsoever. SYBASE DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION ON LIABILITY. NEITHER SYBASE, ITS SUBSIDIARIES NOR ANY OF ITS LICENSORS SHALL BE LIABLE FOR ANY LOSS OR DAMAGE HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY INACCURACY OF DATA, LOSS OF PROFITS OR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. EXPORT. You agree to fully comply with all laws and regulations of the United States and other countries ("Export Laws") to assure that neither the Evaluation Program nor any direct products thereof are (1) exported, directly or indirectly, in violation of Export Laws, or (2) are used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical or biological weapons production.

11. ENGLISH LANGUAGE.  The parties agree that the Agreement and all documents contemplated hereby be drawn up in English (les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par las présentes soient rédigés en anglais).

12. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the Evaluation Program and is governed by the laws of the State of California (other than its conflict of law provisions).  If any provision of this Agreement is held to be unenforceable, such provision shall be limited, modified or severed, as necessary, to eliminate its unenforceability, and all other provisions shall remain unaffected.  The failure or delay of either party to exercise any of its rights shall not be deemed a waiver of such rights, and no waiver of any breach of this Agreement shall constitute a waiver of any other breach.

13. FREE DOWNLOAD COMPONENTS.    The Evaluation Program may include certain third party open source and other free download components (“Free Download Components”).  You may have additional rights in the Free Download Components that are provided by the third party licensors of those components. The Free Download Components and any such third party licenses and third party-required notices for the Evaluation Program are identified at http://www.sybase.com/thirdpartylegal.

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