SXQL Database Software ------------------------------------------------------------------------ Version 1.07 April 2005 ------------------------------------------------------------------------ This program and object code is being provided to "you", the licensee, under the following terms and conditions, which applies to any program, object code, documenatation or other work which contains a notice placed by the copyright holder saying it may be distributed under the terms of this license. The "program", below, refers to any such program, object code or work. By obtaining, using and/or copying this program, you agree that you have read, understood, and will comply with these terms and conditions: Terms and conditions on the use of the program ---------------------------------------------- THIS SOFTWARE CARRIES NO WARRANTY, EXPRESSED OR IMPLIED. THE USER ASSUMES ALL RISKS, KNOWN OR UNKNOWN, DIRECT OR INDIRECT, WHICH INVOLVE THIS SOFTWARE IN ANY WAY. IN PARTICULAR, THE AUTHOR DOES NOT TAKE ANY COMMITMENT IN VIEW OF ANY POSSIBLE THIRD PARTY RIGHTS. THE SOFTWARE IS PROVIDED ``AS IS'', WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHOR BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER DEALINGS IN THE SOFTWARE. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL THE AUTHOR OR ITS LICENSORS BE LIABLE FOR ANY LOST REVENUE, PROFIT OR DATA, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE SOFTWARE, EVEN IF THE AUTHOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event will the authors liability to you, whether in contract, tort (including negligence), or otherwise, exceed the amount paid by you for Software under this Agreement. The foregoing limitations will apply even if the above stated warranty fails of its essential purpose. High Risk Activities. Notwithstanding former Sections, with respect to high risk activities, the following language shall apply: the Software is not designed or intended for use in on-line control of aircraft, air traffic, aircraft navigation or aircraft communications; or in the design, construction, operation or maintenance of any nuclear facility.