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> Products > Connect for ADO.NET > Performance Tuning Wizard (AGREEMENT) 2.2

ADO.Net - Performance Tuning Wizard (Agreement)

Important: Carefully read the following terms and conditions before using the Performance Wizard. By clicking on the 'I Accept' button, you are consenting to be bound by the terms and conditions of this agreement.

DataDirect Technologies, an operating company of Progress Software Corporation Performance Wizard License Agreement
 
IMPORTANT:  THIS AGREEMENT APPLIES TO THE USE OF A CERTAIN PERFORMANCE WIZARD ("PERFORMANCE WIZARD") TO BE USED IN THE CONFIGURATION OF DATADIRECT'S (HEREINAFTER DEFINED) DRIVER PRODUCTS, (COLLECTIVELY, "DATADIRECT PRODUCTS"). CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE PERFORMANCE WIZARD. BY CLICKING ON THE 'ACCEPT' OR 'YES' BUTTON, YOU ARE CONSENTING TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ACKNOWLEDGING YOUR AUTHORITY TO DO SO ON BEHALF OF YOUR COMPANY (IF APPLICABLE). DATADIRECT TECHNOLOGIES, AN OPERATING COMPANY OF PROGRESS SOFTWARE CORPORATION (HEREINAFTER "DATADIRECT") IS ONLY WILLING TO PROVIDE THE PEFORMANCE WIZARD TO YOU UNDER THESE TERMS AND CONDITIONS. YOUR ACT OF CLICKING ON THE 'ACCEPT' OR 'YES' BUTTON AND/OR ANY USE BY YOU OF THE PERFORMANCE WIZARD WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE 'DO NOT ACCEPT' OR 'NO' BUTTON AND YOU SHALL NOT BE PERMITTED TO USE THE PERFORMANCE WIZARD.


Limited License to Use
Subject to the terms of this Agreement DataDirect grants you a nontransferable and nonexclusive right to use the Performance Wizard solely to determine the configuration of DataDirect Products (such DataDirect Products to be licensed separately). You shall not sell, lease, rent, license, sublicense, distribute, assign or otherwise transfer the Performance Wizard to any third party. You are not authorized to permit any other person to use the Performance Wizard on a time sharing or any other basis.

You shall not use the Performance Wizard for any other purpose other than specified above and you shall not download, copy, modify, translate, decompile, disassemble or reverse engineer the Performance Wizard. You shall not to remove any copyright notices, trademark notices, legends, logos or other notices of proprietary restrictions from the Performance Wizard. You will provide at least the same protection from unauthorized use or copying as you give its own products of like importance, but in no event less than a reasonable standard of protection.  In addition, you shall not disclose information regarding any benchmark or similar test of the Performance Wizard to any third party without DataDirect's prior written consent.  


No Use for Competitive Products
You expressly affirm that you are not currently and have no intention to use the Performance Wizard to work on the development, testing, support, marketing, pricing, or any other function or feature of a software product that is directly or indirectly competitive with the Performance Wizard.  Any such action will be considered a material breach of this Agreement and you shall be obligated to cease using the Performance Wizard.  You acknowledge that use as described in this Section would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain.  Accordingly, you agree that DataDirect will have the right to obtain immediate injunctive relief enjoining any breach of this Section, as well as the right to pursue any and all other rights and remedies available at law or equity for such a breach.


Confidentiality and Proprietary Rights
In the course of using the Performance Wizard, you may obtain information relating to the Performance Wizard and/or the DataDirect Products which is of a confidential and proprietary nature to DataDirect, including, but not limited to, configuration options ("Proprietary Information").  You agree to maintain in strictest confidence and trust all such Proprietary Information, and not use such Proprietary Information other than in the course of performance of the allowed use hereunder or disclose any such Proprietary Information without the prior written consent of DataDirect. You shall (i) limit use and disclosure of the Performance Wizard to its employees who agree to be bound by the terms of this Agreement; and (ii) not provide or disclose of the Performance Wizard to another party. DataDirect is not interested in obtaining any information during the term of this Agreement which you consider to be proprietary or confidential.  You agree that DataDirect shall have no obligation of confidentiality and that there shall be no limitation of use imposed on DataDirect with respect to any ideas, concepts, know-how or techniques relating to the Performance Wizard disclosed by you.  DataDirect shall have the right to use, without restriction or obligation to you any such ideas, concepts, know-how or techniques. 


Termination
DataDirect may terminate this Agreement at any time for any reason (or no reason), with or without notice. Upon any termination of this Agreement, all rights granted herein shall immediately terminate, and you must promptly cease using the Performance Wizard.
 

No Warranty
THE PERFORMANCE WIZARD IS LICENSED ON AN "AS IS" BASIS.  DATADIRECT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE. DATADIRECT'S DISCLAIMER OF WARRANTIES WITH RESPECT TO THE PERFORMANCE WIZARD SHALL NOT BE DIMINISHED OR AFFECTED BY, AND NO OBLIGATION OR LIABILITY SHALL ARISE OUT OF, RENDERING OF TECHNICAL OR OTHER ADVICE OR SERVICE IN CONNECTION WITH THE PERFORMANCE WIZARD. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, AND DO NOT ALLOW A LIMITATION ON HOW LONG ANY IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. 


Limitation of Liability
IN NO EVENT WILL DATADIRECT OR ITS THIRD PARTY SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE PERFORMANCE WIZARD, WHETHER OR NOT INFORMED OF THE POSSIBILITIES OF DAMAGES IN ADVANCE.  THESE LIMITATIONS APPLY TO ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND OTHER TORTS.


Ownership of the Performance Wizard
DataDirect and its suppliers have and will retain all ownership rights to the Performance Wizard, including all patent rights, copyrights, trademarks, service marks, related goodwill, trade secrets and confidential and proprietary information.  You have no rights in the Performance Wizard, except as explicitly stated in this Agreement.


Restricted Country List - Export Law Assurances
You acknowledge that you are not an entity from a country identified by the U.S. Department of Commerce and/or U.S. Department of Treasury as a restricted country.  You acknowledge that the Performance Wizard is subject to the export control laws and regulations of the United States. You confirm and agree that you will not export the Performance Wizard, directly or indirectly, to any country or end-user that is subject to United States export restrictions, or import into any country, except as permitted by the laws and regulations of the applicable country. 
 


U.S. Government Restricted Rights
If this license is acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), then the U.S. Government's rights in the Performance Wizard will be only as set forth herein. Each the Performance Wizard is a "commercial component," as this term is defined in 48 C.F.R. §2.101, consisting of "commercial computer software" and "computer software documentation," as such terms are defined in 48 C.F.R. §252.227-7014(a)(1) and 48 C.F.R. §252.227-7014(a)(5), respectively, and used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, as applicable, and all as amended from time to time. Consistent with 48 C.F.R. §12.212 and 48 C.F.R. §227.7202, and other relevant sections of the Code of Federal Regulations, as applicable, and all as amended from time to time, all U.S. Government entities acquire this Performance Wizard only with those rights set forth in this license agreement. Contractor/manufacturer is DataDirect Technologies, an operating company of Progress Software Corporation, 14 Oak Park, Bedford, MA 01730. Unpublished – all rights reserved under the copyright laws of the United States.


Miscellaneous
This Agreement is governed by the laws of the Commonwealth of Massachusetts, without regard to its choice of law principles. The provisions relating to No Use for Competitive Products, Confidentiality and Proprietary Rights, Termination, No Warranty, Limitation on Liability, Ownership of Performance Wizard, Export Law Assurances and Miscellaneous shall survive the termination of this Agreement. This Agreement is the complete agreement between you and DataDirect concerning the Performance Wizard. The failure or delay of DataDirect to exercise any of its rights under this Agreement or upon any breach of this Agreement is not a waiver of those rights or of the breach.  This Agreement may be updated by DataDirect from time to time.

I accept/do not accept the terms and conditions of the license agreement.