Mission Critical SQL Server EULA

CONDITIONS OF USE

By using http://sqlha.contentshelf.com (“Site”), YOU AGREE TO BE BOUND BY ITS CONDITIONS OF USE (explained below), LEGAL NOTICES, PRIVACY POLICY, and all disclaimers and terms and conditions.

SQLHA NC LLC reserves the right to make changes to the Conditions of Use and Legal Notices at any time. If you are dissatisfied with the Site, its content or Store Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Site.

Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited.

INTENDED FOR USERS OVER 13

The Site is intended for use by individuals 13 years of age or older. The Site is not directed for use by children under the age of 13. Users under the age of 13 should get the assistance of a parent or guardian to use this Site.

PAYING FOR YOUR ORDER

The Site uses PayPal to check out. No orders are processed by SQLHA NC LLC. You are bound by PayPal’s Legal Agreements for their services. Any issues with processing should be directed at PayPal.

SECURITY AND PRIVACY POLICY

The Site uses the platform provided by ContentShelf.com. We are bound by their Terms of Service. You should specifically look at the Security Overview and Acceptable Use Policy tabs. As noted in Paying for Your Order, we do not process payment; PayPal does.

SITE DISCLAIMERS AND LIMITATION OF LIABILITY

By using the Site, you expressly agree that use of the Site is at your sole risk. The Site is provided on an “AS IS” and “as available” basis. Neither SQLHA NC LLC nor its affiliates, designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, “Associates”) warrant that use of the Site will be uninterrupted or error-free. Neither SQLHA NC LLC nor its Associates warrant the accuracy, integrity or completeness of the content provided on the Site or the products or services offered for sale on the Site. SQLHA NC LLC and its Associates specifically disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability or fitness for a particular purpose. No oral advice or written information given by SQLHA NC LLC or its Associates shall create a warranty. Some states do not allow the exclusion or limitation of certain warranties, so the above limitation or exclusion may not apply to you.

Under no circumstances shall SQLHA NC LLC or its Associates be liable for any direct, indirect, incidental, special or consequential damages that result from your use of or inability to use the SQLHA NC LLC Site, including but not limited to reliance by you on any information obtained from the Site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of SQLHA NC LLC has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through the Site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

DEFINITIONS

Digital Content refers to the book Mission Critical SQL Server and its associated written content such as updates. Scripts refers to downloadable job aides associated with Mission Critical SQL Server.

RETURN POLICY

No returns or refunds are available for digital content. Digital content is provided as-is.

USE OF DIGITAL CONTENT

SQLHA NC LLC grants you a limited, nonexclusive, nontransferable, revocable, and personal license to access and use the Digital Content for your reference and informational purposes and/or for providing professional services to your clients, subject to the following:

  • You may print text of any Digital Content file for your own use. You may NOT copy, paste, or print any diagrams, figures, or artwork contained in any Digital Content file. Except as provided herein, you shall not copy, paste, print, reproduce, or otherwise duplicate any Digital Content file.
  • You may annotate the text contained in any Digital Content file.
  • You shall not modify, alter, revise or otherwise change any Digital Content.
  • You shall not create derivative works from or of any Digital Content.
  • You shall not use any robot, spider, data miner, crawler, scraper, or other automated means to access or index the Digital Content or any portion thereof, including but not limited to any metadata associated with the Digital Content.
  • You shall not bypass, modify, tamper, defeat or circumvent any security components (if implemented), special rules or other applications that protect this Site or the Digital Content.
  • You shall not move, copy, reproduce, network or otherwise transfer any Digital Content file to any computer or other device of any other person; provided, however, that you may transfer Digital Content files to your own computers or other devices to the extent permissible by the applicable file-reading program.
  • You shall not share, lend, lease, rent, sell, license, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Digital Content available to any other person.

For the avoidance of doubt, any universities, libraries or other similar institutions purchasing Digital Content hereunder shall not be allowed to make such Digital Content available to any third party, including their faculty, students, patrons, members or any other person. SQLHA NC LLC reserves the right to modify or discontinue the offering of any Digital Content at any time. If a unit of Digital Content becomes unavailable prior to download but after purchase, your sole and exclusive remedy is the refund of the purchase price paid for such Digital Content. Some Digital Content may not remain available for re-download from your eBook library, if for example, SQLHA NC LLC no longer has the necessary rights or other licenses, consents or permissions to that Digital Content or has otherwise determined to no longer make such Digital Content available. Digital Content already downloaded by you will not be affected. Digital Content is in PDF format which is readable in many different programs both free and commercial for many different platforms.

USE OF SCRIPTS

SQLHA NC LLC grants you a limited, nonexclusive, nontransferable, revocable, and personal license to access and use the Scripts for your reference and informational purposes and/or for providing professional services to your clients, subject to the following:

  • You may use Scripts for personal or business use.
  • All headers must remain intact in the Scripts and you may not claim Scripts as your work or as an owner of them.
  • You may modify Scripts and/or create derivative works to suit your needs as long as the prior provision is maintained.
  • You shall not sell, license, sublicense, transfer, network, reproduce, display, distribute, or otherwise make any of the Scripts available as a product.

SOFTWARE NOT INCLUDED

The Digital Content is currently provided in Portable Document Format (PDF). Other formats such as ePUB and Kindle/MobiPocket are not currently supported. Software to view content in these formats is available on most computing platforms, either as part of the device firmware or as downloads from the Internet.

LIMITED WARRANTY

SQLHA NC LLC warrants only that the Digital Content will be readable on the platform(s) stated on the download Site, using recommended reader software current at the time of download. This limited warranty, including the implied warranties of merchantability and fitness for a particular purpose, are limited in duration to ninety (90) days from the date of original download. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. The limited warranty set forth herein is exclusive and in lieu of all others, whether oral or written, express or implied. The Publishers specifically disclaims all other warranties. This limited warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.

OWNERSHIP OF THE DIGITAL CONTENT AND SCRIPTS

All intellectual property rights, including without limitation, all trade secrets, copyrights, trademarks and patent rights in and to the Digital Content remain the sole property of SQLHA NC LLC and is protected by the copyright laws of the United States, the United Kingdom, and worldwide by various copyright and intellectual property laws and treaties. No title or license right is granted to you except as expressly set forth in this Agreement. You agree to abide by any and all additional copyright notices, information, or restrictions associated with this product. By accessing and/or using the Digital Content in any way, you acknowledge the validity and enforceability of the copyright owners and agree that you will not in any way infringe, either directly or indirectly, the owner’s copyrights in and to the Digital Content.

DIGITAL CONTENT AND SCRIPTS DISCLAIMER OF WARRANTIES

ALL DIGITAL CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SQLHA NC LLC, ITS AFFILIATES AND SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY NOT APPLY TO YOU. SQLHA NC LLC, ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT ACCESS TO THE DIGITAL CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SQLHA NC LLC, ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY DIGITAL CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE SELECTION OF THE DIGITAL CONTENT TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF ANY DIGITAL CONTENT, INCLUDING THOSE TO ANY THIRD PARTY. UNDER NO CIRCUMSTANCES SHALL ANY DIGITAL CONTENT BE DEEMED LEGAL, TAX OR SUCH OTHER PROFESSIONAL ADVICE. YOU ARE ENTIRELY RESPONSIBLE FOR OBTAINING YOUR OWN LEGAL, TAX OR PROFESSIONAL ADVICE OR SERVICES FROM A QUALIFIED PROFESSIONAL.

 

DIGITAL CONTENT AND SCRIPTS LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL SQLHA NC LLC OR ITS AFFILITES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR LOST SAVINGS, DOWNTIME, DAMAGED SYSTEMS, WHETHER BASED IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. SQLHA NC LLC’S AGGREGATE LIABILITY ARISING OUT OF YOUR USE OF, OR INABILITY OR USE, ANY DIGITAL CONTENT WILL NOT EXCEED THE LESSER OF FIFTY US DOLLARS ($50 US) OR THE INITIAL AMOUNT ACTUALLY PAID BY YOU TO SQLHA NC LLC (WHICHEVER AMOUNT IS LOWER) FOR THE ITEM OF DIGITAL CONTENT GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless SQLHA NC LLC, its licensors, and any of their respective officers, directors, employees, subcontractors, agents, successors, assigns, affiliates or subsidiaries, from and against any and all claims, causes of action, lawsuits, proceedings, losses, damages, costs and expenses (including reasonable legal and accounting fees) arising or resulting from (i) your violation of this Agreement or any other applicable terms or conditions; (ii) your unauthorized use of any Digital Content or Scripts; (iii) any incomplete or inaccurate information or data provided by you; or (iv) your negligence or willful misconduct. SQLHA NC LLC reserves the right, at its discretion, to assume or participate, at your and your organization’s expense, in the investigation, settlement and defense of any action or claim to which it is entitled to indemnification. No claim shall be settled without SQLHA NC LLC’s prior written consent unless such settlement includes a complete release of SQLHA NC LLC from all liability and does not contain or contemplate any payment by, or injunctive or other equitable relief binding upon, SQLHA NC LLC.

TERMINATION

This Agreement will terminate immediately without notice from SQLHA NC LLC if in SQLHA NC LLC’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all the Digital Content obtained from this Site.

US EXPORT ISSUES

No Digital Content from this Site may be downloaded or otherwise exported or re-exported in violation of any applicable U.S. export laws, rules or regulations.

GOVERNMENT RESTRICTED RIGHTS

The Digital Content is provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the government is subject to restrictions as set forth in applicable laws and regulations and in this Agreement. Use of any Digital Content or Scripts by the government constitutes acknowledgment of SQLHA NC LLC’s or other owner’s proprietary rights in them.

GOVERNING LAW AND GENERAL PROVISIONS

This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of North Carolina, without giving effect to any principles of conflicts of law. The state and federal courts in the State of North Carolina shall be the exclusive jurisdiction for all disputes relating to this Agreement. EACH PARTY, TO THE EXTENT PERMITTED BY LAW, KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ITS RIGHT TO A TRIAL BY JURY IN ANY ACTION OR LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT AND THE TRANSACTIONS IT CONTEMPLATES. If any provision of this Agreement shall be held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein. SQLHA NC LLC may revise this Agreement at any time without notice by updating this posting. You may not assign this Agreement or any right or obligation hereunder.

COMPLETE AGREEMENT

This License constitutes the entire agreement between the parties with respect to the use of the Digital Content or Scripts licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing from the SQLHA NC LLC.