The MySQL Plug-In for Oracle Enterprise Manager
The MySQL Plug-In for Oracle Enterprise Manager 10g/11g Grid Control and Oracle Enterprise Manager 12c Cloud Control can help you monitor both your MySQL and Oracle databases with one solution. These plug-ins were developed by Pythian and, although we retain all rights to the intellectual property, we make them available to DBAs, at no cost, including ongoing updates.
Client User License Agreement
IMPORTANT: THIS SOFTWARE USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND THE PYTHIAN GROUP INC. YOU SHOULD READ AND MUST AGREE TO THESE TERMS BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE SOFTWARE. THIS AGREEMENT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING THE DOWNLOAD OR INSTALL BUTTON AND/OR USING THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL OR USE THE SOFTWARE.
This Pythian Group Inc. (“PYTHIAN”) EULA accompanies a software product (“Software”). The term “Software” shall also include any upgrades, modified versions, updates, additions, and copies of the Software licensed to you by PYTHIAN. This copy of the Software is licensed to you as the end user. “You” as used in the remainder of this License Agreement refers to the licensee.
PYTHIAN grants to you a nonexclusive license to use the Software and Documentation, provided that you agree to the following:
1. Scope.You may install and use the Software on a single enterprise server in conjunction with a licensed version of Oracle Enterprise Manager. Use of the software except within a licensed version of Oracle Enterprise Manager is prohibited.
2. Copyright. The Software is owned by PYTHIAN, and its structure, organization and code are the valuable trade secrets of PYTHIAN. The Software is also protected by Copyright Law. You must treat the Software just as you would any other copyrighted work.
a) You agree not to modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Software.
b) You may not modify the Software or create derivative works based on the Software.
c) You may not sell, rent, lease, or sublicense the Software.
d) You may not export the Software into any country prohibited by Canadian export restrictions or the United States Export Administration Act
e) You may not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
f) In the event that you fail to comply with this EULA, PYTHIAN may terminate the license and you must destroy all copies of the Software (with all other rights of both parties and all other provisions of this EULA surviving any such termination).
4. Disclaimer of Warranty. PYTHIAN MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SOFTWARE, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. AS A RESULT, THE PYTHIAN SOFTWARE IS LICENSED “AS IS”, AND YOU THE LICENSEE ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. THE SOFTWARE IS PROVIDED TO YOU FREE OF CHARGE. PYTHIAN PROVIDES NO TECHNICAL SUPPORT, WARRANTIES OR REMEDIES FOR THE SOFTWARE.
5. Limitation of Liability. IN NO EVENT WILL PYTHIAN BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS OR THE LIKE) RESULTING FROM ANY DEFECT IN THE PYTHIAN SOFTWARE OR ITS DOCUMENTATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, PYTHIAN SHALL HAVE NO LIABILITY FOR ANY INFORMATION STORED OR DISTRIBUTED USING THE PYTHIAN SOFTWARE. PYTHIAN’S LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO $100 OR THE AMOUNT PAID BY YOU TO LICENSE THE SOFTWARE. THE FOREGOING LIMITATIONS ON LIABILITY ARE INTENDED TO APPLY TO ALL ASPECTS OF THIS EULA.
The disclaimer on warranty and limited liability set forth above are fundamental elements of the basis of the bargain between you and PYTHIAN. PYTHIAN would not be able to provide the Software on an economic basis without such limitations.
6. Indemnity. You shall indemnify and hold PYTHIAN harmless from and against all loss, liability, costs, charges, claims and damages to any persons or property based on a breach by you of this agreement, including reasonable attorney’s fees.
7. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other Party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
8. Governing Law and General Provisions. This Agreement will be governed by the laws in force in the Province of Ontario, Canada. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If any part of this Agreement is found void and unenforceable, it will not affect the validity of the balance of the Agreement, which shall remain valid and enforceable according to its terms. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the Canadian Export laws, restrictions or regulations or the United States Export Administration Act. This Agreement may only be modified in writing signed by an authorized officer of PYTHIAN.
The Pythian Group Inc. Client End User License Agreement; rev.05/04/2009;
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