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TERMS OF USE

 

Thank you for visiting the SQLServerCentral.com website (the "Site"). Please read these Terms of Use carefully as your use of the Site will be subject to them.

1. Introduction

1.1 The Site is owned and operated by Red Gate Software Limited ("Red Gate"), and is hosted in England on Red Gate's behalf. Red Gate is a company registered in the United Kingdom with company number 03857576, with its registered office at Newnham House, Cambridge Business Park, Cambridge CB4 0WZ, England. If you have any questions, comments or queries on the Site, please let us know by contacting us at webmaster@sqlservercentral.com.

1.2 Your use of the Site is subject to these Terms of Use. By using the Site you agree to these Terms of Use.

1.3 We accept no obligation to monitor the use of the Site. However, we reserve the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these Terms of Use or any breach of applicable law or regulation. We will also in our absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

2. Your use of the Site

2.1 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Site to:

(a) post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;

(b) upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(c) download any material posted by another user that you know, or reasonably should know, cannot be copied or otherwise used;

(d) harass, stalk, threaten or otherwise violate the rights of others;

(e) harm or threaten to cause harm to minors;

(f) impersonate anyone else or otherwise misrepresent your identity or status;

(g) hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of Red Gate, its employees, agents or any third party;

(h) collect and process others’ personal data; or

(i) advertise or offer to sell goods or services.

3. If you want to contribute to the Site

3.1 You are free to contribute to the Site (whether through blogs, article commentaries, forums or otherwise), provided that you do so in accordance with these Terms of Use.

3.2 If you contribute to the Site, you must take all reasonable care to ensure that your contributions are:

(a) accurate in all material respects and not misleading;

(b) not defamatory, obscene, offensive, discriminatory or otherwise unlawful; and

(c) otherwise in compliance with Section 2.

3.3 Unless you agree otherwise with us, you will retain ownership of any intellectual property rights in contributions you make to the Site. By contributing to the Site, you automatically grant a non-exclusive, perpetual, worldwide and irrevocable licence, with a right to sub-license, to us to copy, use, adapt, modify, transmit or distribute your contributions as they see fit, provided that such contributions may not be used in any unlawful, defamatory, offensive or discriminatory way.

4. If you want to use material on the Site

4.1 You should ensure that you read and understand all of these Terms of Use before you copy, use, modify or distribute any of the material available on the Site.

4.2 Any material contained in the Site (the "Red Gate Materials") and all intellectual property rights in the Red Gate Materials are either owned by us or have been licensed to us by the rights owner(s) so that we can use those Red Gate Materials as part of the Site. You are only allowed to use the Site, the Red Gate Materials and any intellectual property rights in them on the basis of these Term of Use.

4.3 You are not permitted to copy or use any of the Red Gate Materials for any purpose, although you may print a copy of any page of the Site for your personal, non-commercial use. Replication of content through feeds is not permitted. Feeds are limited to 500 characters and must include a link to the relevant content on sqlservercentral.com.

4.4 You are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material on the Site or from any material copied or printed off from the Site.

4.5 The underlying source code of the Site is proprietary to Red Gate (the "Red Gate Source Code"). You are not permitted to access, reverse engineer, decompile or otherwise use the Red Gate Source Code. The Red Gate Source Code, and all intellectual property rights in and relating to the Red Gate Source Code, are owned by Red Gate.

5. Your privacy

5.1 Usage of any personal information you choose to submit through the Site is governed by our Privacy Policy, which forms part of these Terms of Use. In the event that Red Gate undergoes a reorganisation or is sold to a third party, you agree that any personal information we hold about you may be transferred to that reorganised entity or third party.

6. Disclaimer

General

6.1 We do not, and nothing in these Terms of Use shall act to, exclude or limit our liability for death or personal injury resulting from our negligence, fraud or any other liability which may not be excluded or limited by applicable law. Your statutory rights as a consumer are not affected by any of these terms.

6.2 Subject to paragraph 6.1, in no event shall we be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, exemplary or special damages, loss of sales, loss of revenue, loss of goodwill, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss, however arising.

6.3 Subject to paragraphs 6.1 and 6.2, you agree that the obtaining of any material through the use of the Site is carried out at your own risk and that we have no liability to you in respect of such material or the effects of such material.

6.4 Subject to paragraphs 6.1 to 6.3, our liability to you whether in contract, tort or otherwise, is limited to £250.

6.5 We try to make sure that all information contained on the Site is correct, but we do not accept any liability for any error or omission.

No warranty

6.6 You agree that your use of the Site, and any material or other information made available on the Site ("Site Information"), is on an “as is” and “as available” basis and that your use of the Site and any Site Information is at your sole risk. On that basis, except as expressly set out in these Terms of Use, we do not enter into conditions, warranties or other terms in relation to the Site or Site Information (including any implied term relating to quality or fitness for a particular purpose).

Viruses

6.7 You agree that the obtaining of any material through the use of the Site is carried out at your own risk and that we have no liability to you in respect of such material or the effects of such material.

Links

6.8 The Site may include links to external sites and co-branded pages. We have included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. We are not responsible for the content of these sites and pages or for anything provided by them.

6.9 We are not liable for any action you may take as a result of relying on any information provided in this Site.

7. Suspension of the Site

7.1 We may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will be not necessarily be uninterrupted or error free.

8. Blocking access and removing Site content

8.1 We may, in our absolute discretion:

(a) block you from using the Site where we consider that you have made any contribution to the Site which is misleading, defamatory, obscene, offensive, discriminatory or otherwise unlawful, or where you have otherwise breached these Terms of Use; and/ or

(b) remove from the Site any posting made by you which we consider to be misleading, defamatory, obscene, offensive, discriminatory, materially in accurate or otherwise unlawful or in breach of these Terms of Use.

9. General and governing law

9.1 We may change these Terms of Use from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing or contributing to the Site you are accepting that you are bound by the current Terms of Use. You should check these each time you revisit the Site. These Terms of Use form the entire understanding between you and Red Gate and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these Terms of Use is found to be unenforceable, this shall not affect the validity of any other provision. We may delay enforcing our rights under these terms and conditions without losing them. You agree that we may sub-contract the performance of any of our obligations or may assign these terms and conditions or any of our rights or obligations without giving you notice.

9.2 We will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which we cannot reasonably be expected to control.

9.3 These Terms of Use shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.

Last amended: October 9th, 2007