Acute Developer Tools

Disclaimer

The bottom line is that I don't know all the intricacies of your particular system, so there's no way I can guarantee the scripts generated by DB Assessor will never cause loss of data. Backup your database and double check the scripts before running them.

ACUTE DEVELOPER TOOLS END USER LICENSE AGREEMENT FOR DB ASSESSOR

IMPORTANT! READ CAREFULLY! This End-User License Agreement (EULA) is a legal agreement between you (either an individual or a single entity) and Acute Developer Tools (or Andrew Searls, the Developer). YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING THIS SOFTWARE. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE SOFTWARE.

1. GRANT OF LICENSE. The Developer grants you the following rights provided you comply with all the terms and conditions of this EULA:

1.1 Installation and Use. You may install, use, access, display, and run one copy of the Software on a single virtual or physical computer. The Software may not be used on more than one operating system installation at a time.

1.2 Mandatory Activation. Use of the software requires that you supply an activation key over an Internet connection before you may use the software. You may need to reactivate the software if you modify your computer hardware or alter the operating system software. There are technological measures in this Software that are designed to prevent unlicensed use of the Software. The Developer will use those measures to confirm you have a legally licensed copy of the Software. If you are not using a licensed copy of the Software, you are not allowed to install the Software or future Software updates. The Developer will not collect any personal identifiable information from your computer during this process.

1.3 Database Connections. You may use this software license to connect to any number of databases for the purpose of assessment and issue resolution, so long as those databases are accessed from a single licensed installation as described in Section 1.1.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS

2.1 Automatic Updates. The Software will periodically attempt to connect over the Internet to determine if there is a more recent version of the Software available under your license. No personal identifiable information is used during this process. If no Internet connection is available, the Software will continue without checking for updates.

3. RESERVATION OF RIGHTS AND OWNERSHIP. The Developer reserves all rights not expressly granted to you in this EULA. The Software is protected by copyright and other intellectual property laws and treaties. The Developer owns the title, copyright, and other intellectual property rights in the Software. The Software is licensed, not sold.

4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend, or provide commercial hosting services with the Softare or the information and assessments it provides.

6. CONSENT TO USE OF DATA. You agree that the Developer may collect and use technical information gathered as part of the product support services provided to you, if any, related to the Software. The Developer may use this information solely to improve the Software or to provide customized serices or technologies to you and will not disclose this information in a form that personally identifies you. Further, no information about a database or its contents retrieved by the Software will be collected without your review and consent.

7. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components of the Software that the Developer may provide you or make available to you after the date you obtain the initial copy of the Software, unless the Developer provides other terms along with the update, supplement, add-on component, or Internet-based services component. The Developer reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Software. This EULA does not apply to add-on components that are developed by you or for you by some entity other than the Developer, including such add-on components that use the libraries provided in the Software, so long as the libraries provided in the Software are only used by add-on components.working within the Software and not to create applications or provide services, products, or information outside the Software interface. You may not use the libraries provided in the Software to create applications, services, or components that operate outside the Software.

8. EXPORT RESTRICTIONS. You acknowledge that the Software is subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Software, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.

9. SOFTWARE TRANSFER

9.1 Internal. You may move the Software to a different computer operating system installation. After the transfer, you must completely remove the Software from the former computer operating system installation.

9.2 Transfer to a Third Party. The initial user of the Software may make a one-time permanent transfer of this EULA and Software to another end-user, provided the initial user retains no copies of the Software. This transfer must include all of the Software (including component parts, activation keys, any media and printed materials, any upgrades, and this EULA). The transfer may not be an indirect transfer, such as a consignment. Prior to the transfer, the end user receiving the Software must agree to all EULA terms.

10. TERMINATION. Without prejudice to any other rights, the Developer may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the Software and all of its component parts.

11. LIMITED WARRANTY FOR SOFTWARE ACQUIRED IN THE US AND CANADA. The Developer warrants that the Software will perform substantially in accordance with the accompanying materials or the Developer website (http://www.acutedevtools.com) for a period of ninety (90) days from the date of receipt. If an implied warranty or condition is created by your state/jurisdiction and federal or state/provincial law prohibits disclaimer of it, you also have an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS), AS TO ANY DEFECTS DISCOVERED AFTER THE NINETY-DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND. Some states/jurisdictions do not allow limitations on how long an implied warranty or condition lasts, so the above limitation may not apply to you. Any supplements or updates to the Software, including without limitation, any service packs, hot fixes, or update packages provided to you after the expiration of the ninety day Limited Warranty period are not covered by any warranty or condition, express, implied, or statutory.

LIMITATION ON REMEDIES; NO CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive rememdy for any breach of this Limited Warranty is as set forth below. Except for any refund elected by the Developer, YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL DAMAGES, if the Software does not meet the Developer's Limited Warranty, and, to the maximum extent allowed by applicable law, even if any remedy fails of its essential purpose. The terms of Section 13 ("Exclusion of Incidental, Consequential, and Certain Other Damages") are also incorporated into this Limited Warranty. Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may have other rights which vary from state/jurisdiction to state/jurisdiction. YOUR EXCLUSIVE REMEDY. The Developer's entire liability relating to the Software shall be, at the Developer's option from time to time exercised subject to applicable law, (a) return of the amount paid (if any) for the software, or (b) repair or replacement of the Software, that does not meet this Limited Warranty and that is return to the Developer along with proof of purchase (supplied as the associated activation key). You will receive the remedy elected by the Developer without charge, except that you are responsible for any expenses you may incur (e.g. cost of shipping, etc.). This Limited Warranty is void if failure of the Software has resulted from accident, abuse, misapplication, abnormal use, or a virus, trojan, malware, or other malignant third party software. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, and the Developer will use commercially reasonable efforts to provide your remedy within a commercially reasonable time of your compliance with the Developer's warranty remedy procedures.

12. DISCLAIMER OF WARRANTIES. The Limited Warranty that appears above is the only warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications. Except for the Limited Warranty and to the maximum extent permitted by applicable law, the Developer provide the Software and support services (if any) AS IS AND WITH ALL FAULTS, and herby disclaim all other warranties and conditions, whether express, implied or stautory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and a lack of negligence, all with regard to the Software, and the provision of or failure to provide support or other services, information, software, and related content through the Software or otherwise arising out of the use of the Software. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSESSION, CORESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.

13. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DEVELOPER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF THE DEVELOPER, AND EVEN IF THE DEVELOPER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES.

14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of the Developer under any provision of this EULA and your exclusive remedy hereunder (except for any rememdy of repair or replacement elected by the Developer with respect to any breach of the Limited Warranty) shall be limited to the greater of the actual damages you incur in reasonable reliance on the Software up to the amount actually paid by you for the Software or US$5.00. The foregoing limitations, exclusinos and disclaimers (including Sections 11, 12, and 13) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

15. U.S. GOVERNMENT LICENSE RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. 16. APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of California. If you acquired this Software in any other country, then local law may apply. 17. ENTIRE AGREEEMENT; SEVERABILITY. This EULA (including any addendum or amentment to this EULA which is included with the Software) is the entire agreement between you and the Developer relating to the Software and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any other subject matter covered by this EULA. To the extent the terms of any of the Dveloper's polices or programs for support services conflict with the terms of this EULA, the terms of this EULA shal control. If any provision of this EULA is held to be void, invalid, unenforceable or illegal, tthe other provisions shall continue in full force and effect.