• home
• support
  • xkoto Support
• contact

• Products
  • GRIDSCALE Overview
  • Features
  • Screenshots
  • System Requirements
  • GRIDSCALE for DB2
  • GRIDSCALE for SQL Server
  • FAQ
  • Demo and Evaluation
• Business Impact
  • Overview
  • Customer Successes
  • Benefits by Role
  • Continuous Availability
  • Scale-Out Performance
  • Dramatic Cost Savings
  • Business Agility
• Resources
  • Resource Center
• Partners
  • Overview
  • Channel Partners
  • Technology Partners
  • Become a Partner
• News+Events
  • Overview
  • Media Coverage
  • Press Releases
  • Calendar of Events
• Company
  • Overview
  • Management Team
  • Board of Directors
  • Investors
  • Careers
  • Contact Us

Support

• Support Overview
• GRIDSCALE for DB2 Support
• Product Licenses

End User License Agreement (EULA)

By installing this software, you are consenting to be bound by, and you become a party to, this license agreement and its term s and conditions.

If this license is granted for evaluation purposes, this agreement will expire 30 days (trial period) after installation, unle ss a full use license upgrade is purchased.

1. License to Use. Customer is granted a non-exclusive and non-transferable license ("License") for the use of the accompanying binary software in machine-readable form, together with accompanying documentation ("Software"). This License is either an Evaluation License, as defined in Section 2 of this Agreement, or a Full Use License as defined in Section 3 of this Agreement.

2. Evaluation License. If no license fee has been paid, this License is an Evaluation License and is granted only for the Trial Period, for the sole purpose of internal testing and evaluating the Software to determine whether the Customer desires to obtain a Full Use License. An Evaluation License may be converted to a Full Use License upon payment of the applicable license fee to xkoto Inc. (herein referred to as xkoto).

3. Full Use License. If a license fee has been paid to xkoto, then a Full Use License is granted, which license allows Customer to use Software for productive use and which shall continue unless and until terminated in accordance with Section 10 of this Agreement.

4. Support and Maintenance. xkoto may provide support services ("Support Services") for the version of Software purchased. Support Services shall be governed by xkoto policies as described in manuals, on-line documentation and any other materials provided by xkoto. Customer agrees to provide xkoto with an updated inventory summarizing the installation configuration of xkoto products on an annual basis if requested. Any technical information provided to xkoto by Customer as part of Support Services may be used by xkoto for business purposes including product support and development. xkoto will not disclose any information that can be explicitly attributed to Customer.

5. Restrictions. Software is confidential copyrighted information and title to Software and all copies thereto is retained by xkoto and/or its licensors including its Third-Party Providers (as herein defined). Customers shall not make copies of Software, other than a single copy for archival purposes and, if applicable, Customer may, for its internal use only, print the number of copies of on-line documentation for which the applicable fee has been paid, in which event all proprietary rights notices on Software shall be reproduced and applied. Customer shall not modify, decompile, disassemble, decrypt, extract, or otherwise reverse engineer Software. Portions of Software are derived from other sources which fall under their own restrictions or limitations, a description of which is contained in the documentation.

6. Confidentiality. Software is confidential and proprietary information of, and contains trade secrets of, xkoto and/or its licensors including its Third-Party Providers. Customer agrees to take adequate steps to protect Software from unauthorized disclosure or use. Customer agrees to allow identification of Customer in xkoto's customer list and display of customer's logo on xkoto's website.

7. Disclaimer of Warranty. THIS SOFTWARE IS PROVIDED BY XKOTO AND THE THIRD-PARTY PROVIDERS "AS IS" AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ARE HEREBY EXCLUDED AND DISCLAIMED TO THE EXTENT ALLOWED BY APPLICABLE LAW. SOFTWARE IS NOT DESIGNED FOR USE IN HIGH RISK ACTIVITIES REQUIRING FAIL-SAFE PERFORMANCE INCLUDING BUT NOT LIMITED TO ON-LINE CONTROL OF AIRCRAFT, AIR TRAFFIC, AIRCRAFT NAVIGATION OR AIRCRAFT COMMUNICATIONS; OR IN THE DESIGN, CONSTRUCTION, OPERATION OR MAINTENANCE OF ANY NUCLEAR FACILITY. XKOTO AND ITS THIRD-PARTY PROVIDERS DISCLAIMS ANY EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, OR WARRANTIES FITNESS FOR SUCH HIGH RISK ACTIVITIES AND CUSTOMER WARRANTS THAT SOFTWARE WILL NOT BE USED OR REDISTRIBUTED FOR SUCH PURPOSE.

8. Limitation of Liability. IN NO EVENT WILL XKOTO OR ITS THIRD PARTY PROVIDERS BE LIABLE FOR ANY LOST REVENUE, PROFIT, OR DATA, OR FOR SPECIAL, INDIRECT, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THE SOFTWARE, EVEN IF XKOTO OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, THE THIRD-PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY DIRECT DAMAGES RELATED TO THE FOREGOING. xkoto's entire liability to Customer shall be limited to direct damages in an amount equal to the license fees paid to xkoto by Customer during the 12 months prior to the event giving rising to the liability in respect of the product causing the liability.

9. Third-Party Provider Software. Third party products delivered by xkoto that are accompanied by a license agreement from the supplier are provided subject to such supplier license agreement. The terms of this Agreement shall not apply to such third party products. xkoto PROVIDES SUCH THIRD PARTY PRODUCTS "AS IS" WITHOUT ANY INDEMNITIES OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, ACCURACY OF INFORMATIONAL CONTENT, CONDITIONS OF MERCHANTABLE QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. xkoto shall not be obligated to provide any Support or error correction services for such third party products, but such services may be available from the third party supplier. Third party products not accompanied by a license agreement from the supplier shall be subject to the terms of this Agreement.

10. Termination. This License is effective until terminated. Customer may terminate this License at any time by destroying all copies of Software including any documentation. This License will terminate immediately without notice from xkoto if Customer fails to comply with any provision of this License. Upon termination, Customer must destroy all copies of Software.

11. Export Regulations. Software, including technical data, is subject to Canadian and U.S. export control and may be subject to export or import regulations in other countries. Customer agrees to comply with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, import, supply or use Software. Customer may not use or otherwise export or re-export Software except as authorized by Canadian and United States law and the laws of the jurisdiction in which Software was obtained. In particular, but without limitation, Customer agrees that none of Software or the underlying information or technology may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Angola, Cuba, Iran, Iraq, Libya, Myanmar, Yugoslavia, North Korea, Sudan, Syria or any other country to which the U.S. has embargoed goods; (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals, Specially Designated Terrorists, Specially Designated Narcotic Traffickers, or the U.S. Commerce Department's Table of Denial Orders; or (iii) to anyone on the country of Canada's Area Control List or those countries to whom export of software is prohibited under the country of Canada's Export Control List, Group 1. By downloading or using Software, Customer agrees to the foregoing and represents and warrants that such Customer is not located in, under the control of, or a national or resident of any such country or on any such list.

12. Governing Law. This Agreement is made under, shall be governed by, and construed in accordance with the laws of the Province of Ontario, Canada, excluding its choice law provisions.

13. Restricted Rights Legend. Software and documentation is a "commercial item," as defined in 48 C.F.R. 2.101 (10/95), consisting of "commercial computer software" and "commercial computer software documentation," as defined in 48 C.F.R. 12.212 (9/95). Use, duplication, or disclosure by the U.S. Government is subject to the restrictions of U.S. GOVERNMENT END USERS consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (6/95). Use, duplication or disclosure by the U.S. government of that portion of Sun's Java Servlet portion of Software is subject to the restrictions as set forth in the Rights in Technical Data and Computer Software Clauses in DFARS 252.227-7013 (c)(1)(ii) and FAR.52.227-19(c)(2) as applicable or such successor clauses as may then be in force and effect.

14. Severability. If any of the above provisions are held to be in violation of applicable law, void, or unenforceable in any jurisdiction, then such provisions are herewith waived to the extent necessary for the License to be otherwise enforceable in such jurisdiction. However, if in xkoto's opinion deletion of any provisions of the License by operation of this paragraph unreasonably compromises the rights or liabilities of xkoto or its licensors, xkoto reserves the right to terminate the License and refund the fee paid by Customer as Customer's sole and exclusive remedy.

15. Entire Agreement. This Agreement is the entire agreement between Customer and xkoto relating to Software and; (i) supersedes all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevails over any conflicting or additional terms of any quote, order, acknowledgement, or similar communication between the parties during the term of this Agreement. No modification to this Agreement will be binding, unless in writing and signed by a duly authorized representative of each party.

16. No Assignment. Software may not be leased, assigned, or sublicensed, or otherwise be made available to third-parties, in whole or in part.

17. Copyrights
2004 - 2008 xkoto Inc., All rights reserved.