eula.txt

本人使用SQL SERVER 数据库3年

This installer installs both Log Explorer(R) and the Log Explorer Guided Tour. Log Explorer and Guided Tour have separate licenses, which appear below. Please read each carefully.
 
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LUMIGENT TECHNOLOGIES
LOG EXPLORER(R) FOR SQL SERVER(TM)
SOFTWARE LICENSE AGREEMENT
 
**IMPORTANT**
 
Please read this document carefully.  This is a legal agreement between you, as either an individual or an employee or authorized agent of a legal entity ("Licensee"), and Lumigent Technologies, Inc. ("Lumigent"), for the use of a software program known as Lumigent(R) Log Explorer(R) for Microsoft(R) SQL Server(TM).
 
BY CLICKING THE ACCEPTANCE BUTTON, YOU REPRESENT AND AGREE THAT (i) YOU ARE AT LEAST 18 YEARS OF AGE, (ii) YOU ARE AUTHORIZED TO CONSENT TO THESE TERMS ON BEHALF OF LICENSEE, AND (iii) LICENSEE CONSENTS TO BE LEGALLY BOUND BY THESE TERMS.  IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, YOU MUST NOT USE THE SOFTWARE; YOU MUST IMMEDIATELY AND IRREVOCABLY DESTROY THE SOFTWARE AND ITS ACCOMPANYING PRODUCT KEYS AND DOCUMENTATION ("DOCUMENTATION") OR, TO RECEIVE INSTRUCTION ON RETURN OF UNUSED SOFTWARE, CONTACT THE VENDOR FROM WHICH YOU PURCHASED IT.
 
THE SOFTWARE IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES.  THE SOFTWARE IS LICENSED, NOT SOLD.

TERMS AND CONDITIONS OF SOFTWARE LICENSE AGREEMENT
 
1. GRANT OF LICENSE; USE RESTRICTIONS. 

Subject to the terms and conditions of this License Agreement, Lumigent hereby grants to you as Licensee a nonexclusive, nontransferable license, without right of sublicense, to install and use Lumigent(R) Log Explorer(R) for Microsoft(R) SQL Server(TM), together with any updates and modifications to the foregoing, if any, provided to you by Lumigent (collectively, "Software").  The Software is licensed solely in object code format.

The Lumigent(R) Log Explorer(R) Software consists of two separate components: 1) the server component ("Server Software"), and 2) the client interface component ("Client Software").  Each of the components may operate in either evaluation mode (which will be subject to time limits, functionality restrictions, and/or other limitations in Lumigent's sole discretion) ("Evaluation Mode") or full production mode (which will contain the licensed functionality of the component) ("Full Mode").  Licensee may use Software in Evaluation Mode only for training, demonstration, and evaluation purposes, excluding production use.

A product key ("Product Key") will be required to use the Software in Full Mode and may be required for use of the Software in Evaluation Mode.  Licensee may obtain a Full Mode Product Key from Lumigent or an authorized Lumigent(R) Log Explorer(R) vendor upon payment of the corresponding License fee.  A Full Mode Product Key entitles Licensee to use a specified number (zero or more) of each of the components ("Units"), as follows:

(a) if the Full Mode Product Key entitles the use of one or more Units of the Server Software (the "Number of Server Units Licensed"): this License Agreement permits Licensee to install and use up to the Number of Server Units Licensed to support an equivalent number of Instances. Each Server Unit may only be used on the server hardware ("Server") and Instance on which it is first installed; transfer of a licensed Unit of the Server Software from one Server or Instance to another is not permitted without the prior written consent of Lumigent. The number of Instances whose transaction logs may be accessed under this license grant may not exceed the number of Server Units licensed. For the purpose of the preceding sentence, a transaction log is deemed to belong to an Instance only if that log is created or modified by that Instance. As used in this License Agreement, an Instance is a copy or instantiation of SQL Server software that operates independently from any other copy (on the same or different Server), and to which an application, including the Software, can connect. 

(b) if the Full Mode Product Key entitles the use of one or more Units of the Client Software: each Unit of the Client Software is licensed for use by a single individual and may not be shared by multiple individuals, unless Licensee has received the prior written consent of Lumigent.  Licensee may permanently transfer a license for a Unit of the Client Software from one individual to another providing that the recipient must explicitly consent to all of the terms in this License Agreement.

An Evaluation Product Key may be required for the use of one or both components in Evaluation Mode. Licensee may obtain from Lumigent, in Lumigent's sole discretion, an Evaluation Product Key if necessary for use in Evaluation Mode ("Keyed Evaluation Mode"). Licensee may use up to the number of Units specified with the Evaluation Product Key in Keyed Evaluation Mode or, if not so specified, one Unit at most of each of the Client and Server Software. A "Not For Resale" (NFR) Product Key is an Evaluation Product Key that permits installation of one Unit each of the Client and Server Software, only for training, demonstration, and evaluation purposes, excluding production use. For the purposes of this Section 1, if one or both of the components operates in Evaluation Mode without the use of an Evaluation Product Key ("General Evaluation Mode"), Licensee may only use the zero or more Units in General Evaluation Mode for thirty (30) days from the first installation of the component(s) in General Evaluation Mode.  Software licensed in time-limited Evaluation Mode will automatically disable itself at the end of the evaluation period, by employing a restriction mechanism, which restricts the program to a limited working time. This restriction mechanism, and the manner in which it enforces the restriction, is maintained in confidence by Lumigent as a trade secret, and you may not publish, disclose, or reveal it.  You agree that you will not do anything to circumvent or defeat the restriction mechanism.

Licensee agrees that it shall not use, nor permit use of, the Software for any purpose except as expressly authorized in this Section 1.
 
2. RESTRICTIONS.  Licensee may not transfer, lease, assign, sublicense, pledge, rent, share or distribute the Software or any accompanying installation program(s) or Product Key(s) or make it available for timesharing, service bureau, on-line, or other remote access use, unless previous written consent is granted by Lumigent. Licensee agrees that it shall not modify, port, adapt, translate, localize, reverse compile, decrypt, extract, disassemble, or otherwise reverse engineer or attempt to discover the source code of any portion of the Software, Product Key(s), or Product Key mechanism. Licensee agrees that it shall not prepare derivative works of the Software. Licensee further agrees to keep confidential any Product Keys received for use with Log Explorer.

Licensee may only make copies of the Software and any accompanying installation program(s) to support the Grant of License under Section 1.  Licensee agrees that all Units and copies of the Software shall be owned by Lumigent, shall be considered Software subject to this License Agreement, and shall include the same proprietary and copyright notices and legends as supplied by Lumigent and its licensors. Licensee may not disclose the results of any performance, functional or other evaluation or benchmarking of the Software to any third party without the prior written permission of Lumigent. Licensee agrees that it may not remove or use any patent, trademark, copyright, trade secret or other proprietary notices or labels on the Software or Documentation. Lumigent, Log Explorer, and the Lumigent logo are registered trademarks of Lumigent Technologies, Inc.; all other product and company names are property of their respective owners.

3. OWNERSHIP OF SOFTWARE.  Licensee agrees that no title to the Software, or intellectual property in any of the Software, or in any Software copy, is transferred to Licensee, and that all rights not expressly granted to Licensee hereunder are reserved by Lumigent.  This License Agreement is not a sale of the original Software or any copy or portion thereof.
 
4. TRANSFER RESTRICTIONS.   Neither this License Agreement, nor any part thereof, may be transferred to a third party without the written consent of Lumigent.  In addition, the Server Software may not be transferred to another server of the Licensee without the prior written consent of Lumigent. Licensee's license will automatically terminate upon any attempt to transfer the Server Software without Lumigent's written consent.  Except as provided above, or with Lumigent's prior written consent, neither this License Agreement nor any rights or obligations under this License Agreement, in whole or in part, shall be sublicensed, assigned or otherwise transferred and any attempt to sublicense, assign or transfer this License Agreement or any rights or obligation under this License Agreement shall be null and void.
 
5. EXPORT RESTRICTIONS.  You may not export or re-export the Software or any copy or adaptation in violation of any applicable laws or regulations.  Licensee agrees that Licensee does not intend to, and will not, without the prior written approval, if required, of the Office of Export Administration of the U.S. Department of Commerce, Washington, D.C. 20230, transmit either directly or indirectly, any portion of the Software to any country for which such approval is required. This software is subject to the U.S. Export Administration Regulations and other U.S. law, and may not be exported or re-exported to certain countries (currently Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria) or to persons or entities prohibited from receiving U.S. exports (including Denied Parties, Specially Designated Nationals, and entities on the Bureau of Export Administration Entity List or involved with missile technology or nuclear, chemical, or biological weapons).
 
6. TERMINATION.  Lumigent may terminate your Grant of License under Section 1 and/or this License Agreement upon notice for failure to comply with any of these License Agreement terms.  Upon termination, you must immediately destroy the Software, together with all copies and accompanying Product Key(s), in any form.  Licensee may terminate this License Agreement by destroying the Software, together with all copies and accompanying Product Key(s), in any form. The restrictions and obligations contained in Sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 shall survive any expiration or termination of this License Agreement.
 
7. GOVERNING LAW; DISPUTES.  This License Agreement shall be governed by and interpreted in accordance with the laws of The Commonwealth of Massachusetts in the United States of America, excluding its choice of law rules.  Lumigent and Licensee hereby agree that any dispute regarding the interpretation or validity of, or otherwise arising out of, this License Agreement, or relating to the Software licensed hereunder shall be subject to the exclusive jurisdiction of the state courts in Suffolk County, Massachusetts (or, if there is federal jurisdiction, the United States District Court for the Commonwealth of Massachusetts), and the Lumigent and Licensee agree to submit to the personal and exclusive jurisdiction and venue of these courts.

8. PAYMENT AND AUDIT RIGHTS. You are responsible for making full and timely payment for the Software. You shall pay all of Lumigent's reasonable fees, costs and expenses (including reasonable attorneys' fees) if legal action is required to collect outstanding balances. The terms and conditions of this Agreement will prevail over any terms of Licensee's purchase order or other forms used in acquiring a license to the Software, and any conflicting or additional terms in such forms will be of no effect. Lumigent may, upon fifteen (15) days' advance notice and at its expense, conduct an annual audit, during your normal business hours, of your use of the Software and Documentation to verify compliance with this Agreement. You shall provide Lumigent or an authorized representative with access to records, hardware and employees in order to perform the audit. 

9. INTEGRATION.  This License Agreement is the entire agreement between Licensee and Lumigent 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, acknowledgment, or similar communication between parties during the term of this License Agreement.  No modification to this License Agreement will be binding, unless in writing and signed by a duly authorized representative of Lumigent and Licensee.
 
10. SEVERABILITY.  If any provision of this contract is found, by a court of competent jurisdiction, to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and all other provisions shall remain in effect.
 
11. LIMITED WARRANTY AND DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY. Lumigent warrants that it has the authority and right to license the Software, and that the Software will substantially conform to the material printed specifications therefore which are in effect on the date of original delivery of such Software.  Lumigent's warranty obligation shall extend for a period of thirty (30) days from the date of delivery of the Software to Licensee, and is solely for the benefit of Licensee, who has no authority to assign or pass through this warranty to any other person or entity.  Except as provided in this Section, the Software is provided to Licensee on an "AS IS" basis, and Lumigent makes no other warranty of any kind, express or implied, with regard to the Software licensed hereunder.  Lumigent does not warrant or represent that the Software will operate uninterrupted or error free or that all defects in the Software are correctable or will be corrected.  This warranty shall not apply if Software is used other than in accordance with Lumigent's written instructions, or if any of Licensee's hardware equipment associated with the use of Software malfunctions.

THE FOREGOING WARRANTIES ARE IN LIEU OF, AND LUMIGENT DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE.
 
Some states do not allow the exclusion of implied warranties, so the exclusion above may not apply to Licensee.  This warranty gives Licensee specific legal rights, and Licensee may have other rights, which vary from state to state.
 
Lumigent's entire liability and Licensee's exclusive remedy for any defects in the Software shall be the purchase price of the Software.
 
IN NO EVENT SHALL LUMIGENT OR LUMIGENT'S LICENSORS BE LIABLE TO LICENSEE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR DATA AND PERSONAL INJURY), WHETHER OR NOT LICENSEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, ARISING OUT OF THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THE SOFTWARE.  THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  In no event will Lumigent be liable for any claim against Licensee by a third party, and Licensee hereby agrees to defend, indemnify, and hold Lumigent harmless for any claims for costs, damages, expenses (including without limitation, reasonable attorneys' fees) or liability arising out of or in connection with the installation, use and performance of the Software licensed hereunder, whether alone or in combination with any other product or service.
 
Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the limitation above may not apply to Licensee.
 
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Software in this License Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.