License Agreement.

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.

4. Severability.

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