EULA – SharkSQL

End User Licence Agreement (EULA)

By installing SharkSQL you agree that this Agreement forms a legally binding agreement between You (“You” or “Your”) and WDB Tech e.U., and You agree to be bound by all of the terms and conditions stated in this Agreement. If You are trying to access or download SharkSQL on behalf of Your employer or as a consultant or agent of a third party (either “Your Company”), You represent and warrant that You have the authority to act on behalf of and bind Your Company to the terms of this Agreement and everywhere in this Agreement that refers to ‘You’ or ‘Your’ shall also include Your Company. If You do not agree to these terms, do not install SharkSQL.

1. License

WDB Tech e.U. grants You a non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free, limited license to use and copy SharkSQL solely for Your internal business purposes, or if You are an individual, for private use. You may distribute SharkSQL to third parties only as required to support your internal business purposes, provided all such third parties agree to the terms of this Agreement.

2. Restrictions

You must not: (a) transfer, sell, rent, lease, loan or license SharkSQL or parts thereof; (b) modify, decompile, disassemble, reverse engineer SharkSQL, or any subset of the software, including the installation packages of SharkSQL.

3. Ownership

WDB Tech E.U. retain title to and ownership of the SharkSQL. WDB Tech e.U. reserves all rights in SharkSQL, including any software, ideas, concepts, know-how, development tools, techniques or any other proprietary material or information or any improvement or modification thereof. No ownership of SharkSQL is transferred or assigned to you by this Agreement.

4. Warranty

a.) If You are located outside the US or Canada:

AS SharkSQL IS PROVIDED TO YOU FREE OF CHARGE, WDB Tech e.U. DOES NOT GUARANTEE OR WARRANT ANY FEATURES OR QUALITIES OF THE SHARKSQL OR GIVE ANY UNDERTAKING WITH REGARD TO ANY OTHER QUALITY. NO SUCH WARRANTY OR UNDERTAKING SHALL BE IMPLIED BY YOU FROM ANY DESCRIPTION IN SharkSQL OR ANY OTHER MATERIALS, COMMUNICATION OR ADVERTISEMENT. IN PARTICULAR, WDB Tech e.U. DOES NOT WARRANT THAT SharkSQL WILL BE AVAILABLE UNINTERRUPTED, ERROR FREE, OR PERMANENTLY AVAILABLE. ALL WARRANTY CLAIMS RESPECTING SHARKSQL ARE SUBJECT TO THE LIMITATION OF LIABILITY STIPULATED IN SECTION 5 BELOW.

b.) If You are located in the US or Canada:

UNDER THIS AGREEMENT SHARKSQL IS LICENSED TO YOU “AS IS”, WITHOUT ANY WARRANTY, ESCROW, TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER ON THE PART OF WDB Tech e.U.. WDB Tech e.U. MAKES NO EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF SALE OF ANY TYPE WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE. IN PARTICULAR, WDB Tech e.U. DOES NOT WARRANT THAT THE SHARKSQL WILL BE AVAILABLE UNINTERRUPTED, ERROR FREE, OR PERMANENTLY AVAILABLE. YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE OF SHARKSQL, INCLUDING WITHOUT LIMITATION RISKS RELATING TO QUALITY, AVAILABILITY, PERFORMANCE, DATA LOSS, AND UTILITY IN A PRODUCTION ENVIRONMENT.

5. Limitation Liability

IN NO EVENT SHALL WDB Tech e.U. BE LIABLE TO YOU, YOUR COMPANY OR TO ANY THIRD PARTY FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE SHARKSQL, OR AS A RESULT OF ANY DEFECT IN SHARKSQL. UNDER NO CIRCUMSTANCES SHALL WDB Tech e.U. BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES, , EVEN IF SUCH DAMAGES WERE FORESEEABLE.

UNDER THIS AGREEMENT THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU.

6. Indemnity

You will fully indemnify, hold harmless and defend WDB Tech e.U. against law suits based on any claim: (a) that any of Your products, services or related technology that are based on or incorporate the Freeware infringes or misappropriates any patent, copyright, trademark, trade secrets, or other proprietary rights of a third party, or (b) related to Your alleged violation of the terms of this Agreement.

7. Export

SharkSQL is subject to Austrian, EU and US export control regulations. You confirm that: a) You will not use SharkSQL for, and will not allow SharkSQL to be used for, any purposes prohibited by Austrian, EU and US law, including, without limitation, for the development, design, manufacture or production of nuclear, chemical or biological weapons of mass destruction; b) You are not located in Cuba, Iran, Sudan, Iraq, North Korea, Syria, nor any other country to which the United States has prohibited export or that has been designated by the U.S. Government as a “terrorist supporting” country (any, an “US Embargoed Country”); c) You are not a citizen, national or resident of, and are not under the control of, a US Embargoed Country; d) You will not download or otherwise export or re-export SharkSQL, directly or indirectly, to a US Embargoed Country nor to citizens, nationals or residents of a US Embargoed Country; e) You are not listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, nor listed on the United States Department of Commerce Table of Denial Orders or any other U.S. government list of prohibited or restricted parties and f) You will not download or otherwise export or re-export the Freeware, directly or indirectly, to persons on the above-mentioned lists.

8. Support

This agreement does not create any obligation whatsoever for WDB Tech e.U. to provide support services for SharkSQL. WDB Tech e.U. offers support and professional services for SharkSQL; however, these are not included in this agreement and must be agreed separately.

9. Law/Venue

This Agreement shall be governed by Austrian law. The courts of Vienna, Austria shall have exclusive jurisdiction over all matters relating to this Agreement and you consent to such jurisdiction and venue.

10. Miscellaneous

This Agreement is the complete agreement between the parties respecting the Freeware. This Agreement supersedes all prior or contemporaneous agreements or representations with regards to the Freeware. If any term of this Agreement is found to be invalid or unenforceable, the surviving provisions shall remain effective. SAP’s failure to enforce any right or provisions stipulated in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement.

UNDER THIS AGREEMENT THE ENTIRE RISK OF USING THE SOFTWARE IS ASSUMED BY YOU