ParamQuery Pro SDK
This is not free software. This Evaluation License is intended for customers who wish to evaluate the ParamQuery PRO.
IMPORTANT: Please read the following Agreement carefully before downloading, installing, copying or otherwise using any part of the ParamQuery PRO that accompanies this Agreement. By clicking the check box marked "Accept" below, or downloading, installing, copying or otherwise using the ParamQuery PRO that accompanies this Agreement, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms of this Agreement do not proceed with your request for the ParamQuery PRO, do not download, install, copy or use the ParamQuery PRO and immediately destroy all copies of the ParamQuery PRO in your possession.
ParamQuery PRO Evaluation License Agreement
This is an Evaluation License Agreement (the “Agreement”) between you and Paramvir Dhindsa (AUTHOR and proprietor of ParamQuery SDK) hereafter mentioned as AUTHOR in rest of the agreement.
1. Definitions.
“ParamQuery PRO” means original program, trial software in source code format, and whole or partial copies of the foregoing, including documentation and examples.
"You" and "Your" refer to any person or entity evaluating this ParamQuery PRO.
2. License.
2.1 Subject to the terms and conditions of this Agreement, AUTHOR grants to You a personal, nonexclusive, non-transferable license (the “License”) for a period of 30 days (the “Evaluation Period”) solely for the purpose of internal evaluation of the suitability of ParamQuery PRO for Your purposes. You may not install the ParamQuery PRO in any production environment nor use it for commercial purposes.
2.2 You may not use the ParamQuery PRO following the Evaluation Period unless you first purchase a license from AUTHOR at the official current price of ParamQuery PRO that is then applicable to your intended use thereof. Unlicensed use of the ParamQuery PRO after the Evaluation period is in violation of international copyright laws. If you do not purchase such a license then by the expiry of Evaluation Period or the earlier termination of this License You must cease all use of the ParamQuery PRO and destroy all copies, full or partial, of the ParamQuery PRO including ParamQuery PRO merged with other programs.
2.3 You agree to ensure that anyone who uses the ParamQuery PRO (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this Agreement.
2.4 Each License is for evaluation by a single user or a single entity.
2.5 You acknowledge that the AUTHOR has no obligation, express or implied, to provide support or maintenance. Limited support and terms and conditions of such support during the Evaluation Period will be at the 'will' of AUTHOR.
2.6 You may not: (a) use, copy, display, perform or distribute the ParamQuery PRO except as provided in this Agreement; (b) reverse assemble, reverse compile, or otherwise translate the ParamQuery PRO without the possibility of contractual waiver; (c) sublicense, rent or lease the ParamQuery PRO; or (d) modify the ParamQuery PRO, per se without prior written approval from AUTHOR.
3. Warranty.
AUTHOR licenses the ParamQuery PRO, documentation and related items in this ParamQuery PRO to You only on an "AS IS" basis. With respect to ParamQuery PRO and other items in the ParamQuery PRO used in the development of Product Offerings AUTHOR makes no representation as to their adequacy for any particular purpose or to produce any particular result. AUTHOR shall not be liable for loss or damage arising out of this Agreement or from the distribution or use of Product Offerings. AUTHOR AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF ANY THIRD PARTY RIGHT IN RESPECT OF THE ITEMS IN THIS ParamQuery PRO OR ANY SERVICES RELATED THERETO.
4. Limitation of Liability.
IN NO EVENT WILL AUTHOR BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES INCLUDING ANY LOST PROFITS, LOST SAVINGS, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE ARISING OUT OF ANY PROVISION OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE ITEMS IN THIS ParamQuery PRO.
5. Indemnification.
5.1 You agree and acknowledge that your obligations under this Agreement are necessary and reasonable in order to protect AUTHOR and that, in addition to any other remedies that may be available, in law, in equity or otherwise, AUTHOR shall be entitled to obtain injunctive relief against the breach or threatened breach of this License Agreement or the continuation of any such breach by you, without the necessity of proving actual damages.
5.2 You agree to indemnify and hold AUTHOR harmless from and against (a) any and all claims, actions or proceedings brought against Company by third parties, and/or (b) all liabilities, damages, losses, and costs (including without limitation court costs and reasonable attorney's fees and fees of other professionals), in each case that arise out of or relate to (a) your breach of this License Agreement, or (b) any claims brought by third parties alleging special, consequential, or incidental damage and arising out of use or operation of the ParamQuery PRO.
6. Confidential Information.
With respect to the ParamQuery PRO, You agree that You will treat the ParamQuery PRO and its components, including without limitation, the Sample Code, with the same degree of care as You accord to Your own confidential information, which You exercise reasonable care to protect.
7. Termination.
This Agreement is effective until terminated. You may terminate your License at any time. If you do so, all your License rights to the ParamQuery PRO are terminated. AUTHOR may terminate your License if you fail to comply with the terms of this Agreement. All rights obligations and duties which, by their nature, survive the expiration or termination of this Agreement shall remain in effect beyond any such expiration or termination. You agree to comply with all applicable laws and regulations.