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IMPORTANT - READ CAREFULLY BEFORE USING THE ACCOMPANYING SOFTWARE
SAP SYBASE® ASE DEVELOPER EDITION
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 SAP SYBASE ASE - DEVELOPER EDITION PROGRAM, DOCUMENTATION AND RELATED EXPLANATORY MATERIALS (THE " PROGRAM"). IF YOU DO NOT ACCEPT OR AGREE WITH THESE TERMS, YOU MAY NOT INSTALL OR USE THE PROGRAM.
YOU ARE REQUIRED TO ACCEPT THE TERMS OF THE AGREEMENT BEFORE YOU CONTINUE TO INSTALL THE 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 PROGRAM AS FOLLOWS:
1. USE OF PROGRAM. You may install and use the Program internally in your organization solely for development purposes subject to a 5GB limit of stored data. The 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 Program except that you may either install the 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 Program in whole or in part (including but not limited to translating or creating derivative works) or reverse engineer, decompile or disassemble the Program (except to the extent applicable laws specifically prohibit such restriction). You may not use the Program for timesharing, rental or service bureau purposes. You shall not remove any copyright notices or other proprietary notices from the Program or documentation and you must reproduce such notices on all copies or extracts of the Program and documentation. Results of benchmark or other performance tests run on the Program may not be disclosed to any third party without Sybase's prior written consent. Transfer of the 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 Program.
3. COPYRIGHT AND OWNERSHIP. The 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 Program as permitted herein and do not acquire any rights of ownership in the Program or any other implied rights or licenses under any intellectual property rights of Sybase.
4. SUPPORT. The 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 Program.
5. CONFIDENTIAL INFORMATION. "Confidential Information" shall include the 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 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 Program does not, by itself, constitute evidence of publication or public disclosure.
6. U.S. GOVERNMENT RESTRICTED RIGHTS. The Program is Commercial Computer Software. Use, duplication and disclosure of the 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 Program. Sybase reserves all unpublished rights under U.S. copyright laws.
7. WARRANTY DISCLAIMER. The 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.
8. 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.
9. 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 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.
10. 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).
11. GOVERNING LAW; COMPLETE AGREEMENT. This Agreement constitutes the complete agreement between the parties with respect to the 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.
12. FREE DOWNLOAD COMPONENTS. The 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 Program are identified at http://www.sybase.com/thirdpartylegal.
13. PRODUCT SPECIFIC LICENSE TERMS. The Program may embed, contain, or be provided with database management software, and other software components or products from either Sybase or third parties. Use of such database management software, and software components or products is only permitted in conjunction with the Program and limited to the same terms and conditions, manner, and capacity for which the Program as a whole is licensed. The terms of this Agreement govern the Sybase components provided with the Program, notwithstanding any other Sybase license documentation that may accompany those components. Additional licenses for Sybase components may be available from Sybase for a fee.
Sybase End User License Agreement (EULA)
BY EXECUTING THE DOWNLOAD FOR THE FOLLOWING RELEASE(s), YOU EXPRESSLY AGREE THAT IF YOU HAVE LICENSED THE SOFTWARE DIRECTLY FROM SYBASE, THE RELEASE(s) ARE PART OF THE RELEVANT SYBASE SOFTWARE PROGRAM(s) WHICH YOU HAVE LICENSED, AND ARE SUBJECT TO THE SAME CONTRACTUAL PROVISIONS APPLICABLE TO THE SOFTWARE.
IF YOU HAVE LICENSED THE RELEVANT SYBASE SOFTWARE FROM SOMEONE OTHER THAN SYBASE OR ITS SUBSIDIARIES, THEN SYBASE DOES NOT EXTEND ANY WARRANTY OF ANY KIND REGARDING THE RELEASE(s) AND THEY ARE 'AS IS' AND 'WITH ALL FAULTS'. HOWEVER, THE RELEASE(s) MAY BE SUBJECT TO THE WARRANTY PROVISIONS OF THE LICENSE AGREEMENT FOR THE RELEVANT SOFTWARE.
SYBASE DOES NOT WARRANT THE RESULTS OF ANY RELEASE(s), OR THAT ANY FAILURES OR ERRORS IN THE RELEASE(s) OR IN THE UNDERLYING SOFTWARE WILL BE CORRECTED. IN NO EVENT WILL SYBASE OR ITS SUBSIDIARIES BE LIABLE FOR ANY LOSS OR INACCURACY OF DATA, LOSS OF PROFITS OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Export Control Restrictions
BY DOWNLOADING AND USING SYBASE SOFTWARE, YOU CONFIRM THAT YOU ARE NOT LOCATED IN ANY COUNTRY UNDER U.S. ECONOMIC EMBARGO (AFGHANISTAN (TALIBAN-CONTROLLED AREAS), CUBA, IRAN, IRAQ, LIBYA, NORTH KOREA, SUDAN AND SYRIA), NOT IDENTIFIED ON ANY U.S. DEPARTMENT OF COMMERCE DENIED PERSONS LIST OR ENTITY LIST OR TREASURY DEPARTMENT DESIGNATED NATIONALS EXCLUSION LIST, AND NOT DIRECTLY OR INDIRECTLY INVOLVED IN THE DEVELOPMENT OR PRODUCTION OF NUCLEAR, CHEMICAL, OR BIOLOGICAL WEAPONS OR MISSILE TECHNOLOGY PROGRAMS AS SPECIFIED IN THE U.S. EXPORT ADMINISTRATION REGULATIONS. YOU CONFIRM YOU WILL NOT EXPORT OR RE-EXPORT THE SOFTWARE. FOR FURTHER DETAILS, PLEASE SEE THE TEXT OF THE
U.S. EXPORT ADMINISTRATION REGULATIONS
By clicking the I ACCEPT button below, you agree to comply with the SAP SYBASE ASE DEVELOPER EDITION LICENSE AGREEMENT, the Sybase End User License Agreement (EULA)
and the export restrictions described above and detailed in the U.S. Export Administration Regulations.