Microsoft sql server for sale
Consistent with 48 C. Government end users acquire the Product and such Documentation with only those rights set forth herein. A Change of Control of Licensee shall constitute an assignment hereunder. Limited Warranty. As the sole and exclusive remedy for physically defective media such as the diskettes, cartridges, CD-ROMs, DVDs or magnetic tapes , Progress will replace it free of charge if claimed during the Warranty Period.
As the sole and exclusive remedy for any failure of the Product to materially conform to the Documentation, Progress shall repair or replace the Product if such failure is reported during the Warranty Period or, if Progress, at its discretion, reasonably determines that such remedy is not economically or technically feasible, this Agreement and the licenses granted hereunder will terminate and Progress or its supplier as applicable shall provide a full refund of the license fee paid with respect to the particular Product.
The above warranties do not cover Updates, generic non-configured solution packs, any Product provided on an evaluation basis, or defects to the Product due to accident, abuse, service, alteration, modification or improper installation or configuration by Licensee, its personnel or any third party.
Licensee assumes responsibility for selecting the Product to achieve its intended results and for the use and results obtained from the Product. Further, the Product is not fault tolerant and is not designed, manufactured or intended for use in hazardous environments requiring fail-safe performance including, without limitation, the design, construction, operation or maintenance of any nuclear facility; direct life support machines; weapon systems; or control of aircraft, air traffic, aircraft navigation or aircraft communications , in which the failure of the Product could lead directly or indirectly to death, personal injury or severe physical or environmental damage.
Without limiting the scope of the disclaimers set forth herein, Progress for itself and on behalf of its licensors and their respective suppliers, disclaims any express or implied warranty of fitness for any such high risk uses.
Indemnity 4. Licensee agrees to reasonably cooperate with Progress in the defense, settlement or compromise of any such claim.
Notwithstanding the foregoing, Progress shall have no liability for a claim to the extent based on A the use by Licensee of the Product more than thirty 30 days after Progress has notified Licensee of i , ii or iii , above or B the version of the Product used by Licensee is not the current release version of the Product.
Confidentiality; Notices 5. The foregoing obligations shall be in addition to any obligations set forth in any separate confidentiality agreement between Progress and Licensee.
Licensee may copy the Product only for archival and off-line backup purposes, but not for disaster recovery purposes unless Licensee has purchased the appropriate disaster recovery or replication license. Licensee agrees not to remove any product identification, copyright notices, or other notices or proprietary restrictions from the Product.
Therefore, in addition to any other legal or equitable remedies, Progress shall be entitled to seek injunctive or similar equitable relief against such breach or threat of breach.
All notices and requests in connection with this Agreement to be sent to Licensee shall be given in writing and shall be sent by hand delivery, overnight courier or certified mail with proof of delivery to the address first set forth in the Order. Either party may change its address for receipt of notices upon written notice to the other party, and notices shall be deemed given on the day of receipt or the date evidenced on the proof of delivery, whichever is earlier.
Limitation of Liability. Audit Rights. Such books and records shall include at a minimum the number of licenses purchased and being used by Licensee. At its expense and with reasonable written notice to Licensee, Progress or a third party appointed by Progress may audit the books, records, and if necessary, the systems on which the Product or any Update is installed for the sole purpose of ensuring compliance with the terms of this Agreement.
Progress shall have the right to conduct follow-up audits as necessary. All audits shall be conducted during regular business hours at Licensee's offices and shall not interfere unreasonably with Licensee's activities. Progress shall treat all such records and books as confidential information.
If any audit reveals that Licensee has underpaid license or maintenance and support fees, Licensee shall be invoiced for all such underpaid fees based on Progress list price in effect at the time the audit is completed.
This remedy shall not be exclusive and shall be in addition to any other remedies which Progress may have under this Agreement or otherwise. In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
A waiver of default shall not operate as a waiver of any other default or of the same type of default on future occasions. If the Product is not licensed with Bulk Loading Features and Licensee exceeds 10, rows the Product shall cease to operate. NET release 3. Use Restrictions: 1. Application Specific. If the Order lists a specific application authorized for use with the Product, or if Licensee obtained a Product in conjunction with a software application provided by a third party, the Product is licensed for use only with such application.
Term License. Upon completion of the Term, Licensee shall return all Products licensed under the Order and associated documentation and related information including all copies to Progress, or certify its destruction in a writing delivered to Progress. All license rights in and to the Products under the terms of the Agreement shall terminate at the end of the Term. Operating Systems or Platforms.
Use with any other OS or Platform is strictly prohibited. Without limiting the foregoing, if the Product is a Progress OpenAccess Development Product as defined below , then the additional restriction specified in the preceding sentence applies to any part of the Progress OpenAccess Development Product, including, without limitation, the Progress OpenAccess Runtime Components as defined below contained therein.
Competitive Use. We have 3 packages in stock. Yes, shrinkwrap. For sale only to existing licensees. Yes, missing the EULA card. This is just the empty zipper pack with COA. Yes, sealed zipper pack, three copies. Yes, sealed license package, two copies. Ye4s, shrinkwarp retail box. See also MS BackOffice 2. Yes, sealed zipper pack. Two copies.
Yes, shrinkwrap retail box in collectible condition. Yes, shrinkwrap retail box. Yes, with installation key in original jewel case. No box or manuals. This app can Access your Internet connection. Permissions info. Installation Get this app while signed in to your Microsoft account and install on up to ten Windows 10 devices. Language supported English United States.
Seizure warnings Photosensitive seizure warning. Report this product Report this app to Microsoft Thanks for reporting your concern. Our team will review it and, if necessary, take action. Sign in to report this app to Microsoft. Report this app to Microsoft. Report this app to Microsoft Potential violation Offensive content Child exploitation Malware or virus Privacy concerns Misleading app Poor performance.
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