WizQL - End User License Agreement (EULA)

Effective Date: May 1, 2025

IMPORTANT – READ CAREFULLY: This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity, hereafter referred to as “Licensee” or “You”) and Rohit Singh, (hereafter referred to as “Licensor” or “We”) for the database management software product known as WizQL, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (collectively, the “Software”).

BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE; YOU MAY, HOWEVER, RETURN IT TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE.

1. Definitions

Software: Refers to the WizQL database management tool, including all its components, updates, patches, documentation, and associated materials provided by the Licensor.
License Key: A unique code or file provided by the Licensor or authorized representatives that enables the Licensee to activate and use the Software according to the purchased license type.
User: An individual authorized by the Licensee to use the Software according to the terms of this EULA.

2. License Grant

Subject to the terms and conditions of this EULA and payment of any applicable license fees, Licensor grants You a revocable, non-exclusive, non-transferable, limited license to install and use the Software strictly for your internal business purposes or personal use, according to the specific license type You have acquired (e.g., Single User, Multi-User, Subscription, Trial).

Single User License: If acquired, allows one specific User to install and use the Software on one or more computers, provided the Software is only used by that single designated User.
Multi-User License: If acquired, allows installation and use by the specific number of Users indicated at the time of purchase, within Your organization.
Subscription License: If acquired, allows use of the Software for the duration of the paid subscription period. Access may cease if the subscription is not renewed.
Evaluation/Trial License: If provided, grants use for a limited time (e.g., 14 or 30 days) solely for evaluation purposes, not for production use. The Software may contain features to automatically disable it after the trial period.

3. License Restrictions

You agree not to, and not to permit others to:

a. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the Software or make the Software available to any third party, except as expressly permitted by your acquired license type.
b. Reverse engineer, decompile, disassemble, modify, translate, or attempt to discover the source code of the Software or any part thereof.
c. Create derivative works based on the Software.
d. Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) of Licensor or its suppliers on the Software.
e. Use the Software in violation of any applicable laws or regulations.
f. Circumvent or attempt to circumvent any license key or activation mechanisms within the Software.

4. Ownership and Intellectual Property

The Software is licensed, not sold. Licensor retains all right, title, and interest in and to the Software, including all copyrights, trademarks, patents, trade secrets, and other intellectual property rights embodied therein. This EULA does not grant You any rights in connection with any trademarks or service marks of the Licensor. All rights not expressly granted are reserved by the Licensor.

5. Third-Party Components

The Software may include third-party software components, libraries, or drivers (“Third-Party Components”). Your use of these Third-Party Components may be subject to additional terms and conditions, often found in accompanying license files or documentation. To the extent required by third-party licenses, their terms will apply to the respective Third-Party Components in lieu of the terms of this EULA.

6. Updates and Modifications

Licensor may, from time to time, provide updates, patches, bug fixes, or other modifications (“Updates”) to the Software, but is under no obligation to do so. Updates may modify or delete certain features or functionality. You agree that all Updates will be deemed part of the Software and subject to the terms of this EULA. Licensor reserves the right to modify, suspend, or discontinue the Software, or any service it connects to, with or without notice and without liability to You.

7. Support Services (If Applicable)

If support services are offered or included with your license purchase, Licensor will provide support as described in the applicable support policy or purchase agreement. Support may be limited to specific channels (e.g., email, web portal) and hours. Licensor is not obligated to provide support for issues arising from improper use, modification by unauthorized parties, or use with incompatible third-party software or hardware.

8. Data Privacy

Licensor may collect and use information about your use of the Software (such as license validation, update checks, anonymous usage statistics, and error reporting) to improve the Software and verify compliance. Any personal information collected will be handled in accordance with Licensor’s Privacy Policy, available at [Link to Your Privacy Policy]. By accepting this EULA, you acknowledge you have read and agree to the terms of the Privacy Policy.

9. Term and Termination

This EULA is effective until terminated.

By Licensee: You may terminate this EULA at any time by uninstalling the Software and destroying all copies in your possession or control.
By Licensor: Licensor may terminate this EULA immediately and without prior notice if You fail to comply with any term or condition of this EULA. Licensor may also terminate subscription-based licenses upon expiration or non-renewal of the subscription term.
Effect of Termination: Upon termination, You must cease all use of the Software and destroy all copies. Termination will not limit any of Licensor’s rights or remedies at law or in equity in case of breach by You. Sections 3, 4, 8, 10, 11, 12, 13, 14, and 15 shall survive termination.

10. Warranty Disclaimer

THE SOFTWARE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LICENSOR, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, LICENSOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA), EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL LICENSOR’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE LICENSE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

12. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Software or your breach of this EULA.

13. Governing Law

This EULA and any disputes arising out of or in connection with it shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to this EULA or the Software shall be instituted exclusively in the competent courts located in Guwahati, Assam, India. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

14. Severability

If any provision of EULA is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

15. Entire Agreement & Amendments

This EULA, together with the Privacy Policy and any other documents incorporated herein by reference, constitutes the entire agreement between You and Licensor relating to the Software and supersedes all prior or contemporaneous understandings regarding such subject matter. Licensor reserves the right, at its sole discretion, to modify or replace this EULA at any time. If a revision is material, we will provide reasonable notice (e.g., 30 days) prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Software after any revisions become effective, you agree to be bound by the revised terms.

16. Contact Information

If you have any questions about this EULA, please contact Licensor at:\ Rohit Singh, Assam, India.
Mail: razein@wizql.com