Starting at $199 USD per user (one-time) Pricing is the basic individual user pricing One time includes 1 year of support and maintenance. Ongoing support available at optional cost Volume and Enterprise pricing also available.
Provides standards based ODBC connectivity from Salesforce.com. Enable users to access, analyze and report on data with the SQL-based tool of choice, such as Excel, Tableau, Qlikview or others. Offers full SQL 92 compliance via our powerful SQL Engine.
SIMBA SALESFORCE ODBC DRIVER WITH SQL CONNECTOR SOFTWARE END-USER LICENSE AGREEMENT (EULA)
IMPORTANT - READ CAREFULLY: THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SIMBA TECHNOLOGIES INCORPORATED ("SIMBA"). PLEASE READ THIS AGREEMENT CAREFULLY BEFORE DOWNLOADING, INSTALLING OR USING THE PROGRAM (HEREINAFTER DEFINED). THE PROGRAM MAY INCLUDE PRODUCT ACTIVATION AND OTHER TECHNOLOGY DESIGNED TO PREVENT UNAUTHORIZED USE AND COPYING. BY INSTALLING OR USING THE PROGRAM YOU CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER INFORMATION REQUIRED FOR ACTIVATION AND/OR VALIDATION.
THE TERMS AND CONDITIONS OF THIS AGREEMENT MAY BE MODIFIED BY A SEPARATE SOFTWARE LICENSE AGREEMENT BETWEEN SIMBA AND END USER.
YOU ARE DEEMED TO CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT BY INSTALLING, COPYING, OR OTHERWISE USING THE PROGRAM. FUTHERMORE, THIS AGREEMENT IS ENFORCEABLE AGAINST YOU AND ANY PERSON THAT OBTAINED THE PROGRAM AND ON WHOSE BEHALF IT IS USED.
YOU AGREE TO THE USE OF ELECTRONIC COMMUNICATION TO ENTER INTO THIS AGREEMENT AND HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY LAWS OR REGULATIONS IN ANY JURISDICTION THAT REQUIRE AN ORIGINAL (NON-ELECTRONIC) SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS TO THE EXTENT PERMITTED UNDER APPLICABLE LAW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OR THIS AGREEMENT, DO NOT PROCEED WITH THE DOWNLOAD, INSTALLATION OR USE OF THE PROGRAM.
1. License Grant. This Agreement governs your use of SIMBA's Salesforce ODBC Driver with SQL Connector computer software program (the "PROGRAM"). You represent and warrant that you have authorized the download and installation of the PROGRAM, or the owner of the computer has authorized you to do so. Your rights to use and reproduce the PROGRAM are expressly set out in this Agreement.
2. Ownership Rights. The PROGRAM is licensed and not sold. The PROGRAM is protected by Canadian, United States copyright laws and international treaty provisions. Simba owns and retains all right, title, and interest in and to the PROGRAM, including all copyrights, patents, trade secret rights, trademarks, and other Intellectual Property Rights therein. Nothing in this Agreement, including the possession, installation, or use of the PROGRAM assigns or transfers to any person any title, right or interest to the Intellectual Property Rights in the PROGRAM, except as explicitly specified in this Agreement. For the purposes of this Agreement, the sale of the PROGRAM shall mean and confer only the license right to use the Software as specified in this Agreement. "Intellectual Property Rights" means patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.
3. Permitted Licensed Use and Restrictions. Subject to the terms and conditions of this Agreement, Simba grants a limited non-exclusive, non-transferable, non-sub-licensable and non-perpetual right to you to download, install and use the PROGRAM on a single computer or computing device. You will immediately inform Simba if the PROGRAM is intended to be used on multiple computers or outside the scope of the permitted license. A separate license for any use outside the scope of this Agreement must be obtained from Simba in writing in advance of any such use.
4. Terms of License. The license granted by this Agreement is limited, non-perpetual and is granted on a subscription basis requiring yearly renewal. Failure to renew and pay the subscription fee will cancel and terminate your rights to use the PROGRAM. You have the obligation to pay and remit the subscription fee on a timely basis and in advance.
5. Transfer and Use Restrictions. You may not sell, license, sub-license, lend, rent, share, lease, transmit, telecommunicate, distribute, embed, assign or otherwise transfer the PROGRAM to others. You must comply with all applicable Canadian, United States and other export control laws in your use of the PROGRAM. Except as expressly permitted above, you may not modify, reverse engineer, decompile, decrypt, extract or otherwise disassemble the PROGRAM.
6. The license does not permit you to distribute or make the PROGRAM available over any network where it could be used by multiple devices at the same time. The license does not permit you to directly or indirectly, reverse engineer, adapt, modify, decompile, disassemble, translate the PROGRAM or create derivative works based on the PROGRAM in any way including without limitation, removal of the installer program, electronic end user license agreement, "About" screen, or any copyright or other proprietary notice that appears in the PROGRAM, or otherwise attempt to discover the source code of the PROGRAM. In addition, the license does not permit you to remove or alter any proprietary notices or labels on the PROGRAM. There shall be no rights implied to you or any person using the PROGRAM. The license rights granted under this Agreement shall terminate immediately in the event of material breach of any provisions of this Agreement.
7. Termination. SIMBA may terminate this Agreement immediately and without prior notice if you breach any term, or otherwise fail to comply with this Agreement. In the event of termination for any reason, you agree to immediately destroy and/or erase the original and all copies of the PROGRAM and to discontinue its use, and you will not otherwise retain or store the PROGRAM or any copies thereof, in any form or medium. You also agree to provide to Simba proof of confirmation of your discontinuance and non-use upon request.
8. Warranties. SIMBA warrants for a period of ninety (90) days from the date the PROGRAM is a delivered to you that the PROGRAM shall substantially conform to SIMBA provided written specifications. In the event of any alleged breach of the above express warranties, you shall report the details of such alleged breach in writing to SIMBA within the specified ninety (90) day warranty period. If such alleged breach is reported as required and substantiated by SIMBA, your exclusive remedies shall be, at SIMBA's sole option, for SIMBA to promptly repair or replace the PROGRAM or any portion thereof necessary to remedy the breach or to refund the fees actually received by SIMBA for this license. EXCEPT AS SET FORTH ABOVE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE PROGRAM IS AT YOUR SOLE RISK. SIMBA, AND ANY APPLICABLE LICENSORS, PROVIDES THE PROGRAM (INCLUDING, BUT NOT LIMITED TO, ANY DOCUMENTATION AND SUPPORT) ON AN "AS IS", "WHERE IS" BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, OR CONDITION ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SIMBA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PROGRAM WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE PROGRAM WILL BE ERROR FREE OR UNINTERRUPTED, OR THAT DEFECTS IN PROGRAM WILL BE CORRECTED. FURTHERMORE, SIMBA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SIMBA OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY.
9. DISCLAIMER AND RELEASE. EXCEPT FOR THE EXPRESS WARRANTIES AND INDEMNITIES SET FORTH HEREIN, YOU HEREBY WAIVE, RELEASE AND DISCLAIM, ALL WARRANTIES, CONDITIONS, INDEMNITIES, OBLIGATIONS AND LIABILITIES OF SIMBA AND SIMBA'S LICENSORS AND ALL OTHER REMEDIES, RIGHTS, CAUSES OF ACTION AND CLAIMS AGAINST SIMBA AND SIMBA'S LICENSORS WITH RESPECT TO THE PROGRAM, ALL RELATED DOCUMENTATION AND ANY SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY OBLIGATION, LIABILITY, RIGHT, REMEDY OR CLAIM IN CONTRACT, INCLUDING FUNDAMENTAL BREACH, TORT, NOTWITHSTANDING ANY FAULT, NEGLIGENCE, STRICT LIABILITY OR PRODUCT LIABILITY OF SIMBA AND SIMBA'S LICENSORS (WHETHER ACTIVE, PASSIVE OR IMPUTED) AND ANY OBLIGATION, LIABILITY, REMEDY, RIGHT OR CLAIM FOR INFRINGEMENT. YOU ACKNOWLEDGE THE PROGRAM IS NOT DESIGNED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING, BUT NOT LIMITED TO, OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SIMBA EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF FITNESS FOR SUCH PURPOSES. YOU ACKNOWLEDGE THAT SIMBA IS ONLY WILLING TO ENTER INTO THIS AGREEMENT ON THE CONDITION THAT YOU AGREE TO BE BOUND BY THE LIMITATIONS SET FORTH IN THIS AGREEMENT.
10. LIMITATION OF LIABILITY. SIMBA WILL HAVE NO LIABILITY OR OBLIGATION FOR ANY DAMAGES OR REMEDIES, INCLUDING, WITHOUT LIMITATION, THE COST OF SUBSTITUTE GOODS, LOST OR CORRUPTION OF DATA, LOST PROFITS, LOST REVENUES OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, GENERAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PROGRAM. IN NO EVENT WILL SIMBA'S TOTAL AGGREGATE LIABILITY (WHETHER IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER LEGAL THEORY WITH REGARD TO THE PROGRAM AND/OR THIS AGREEMENT EXCEED THE FEES ACTUALLY RECEIVED BY SIMBA DIRECTLY ATTRIBUTABLE TO THIS LICENSE OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LESSER. Furthermore, SIMBA will not be liable for any delay or failure to perform its obligations under this Agreement as a result of any causes or conditions beyond SIMBA's reasonable control as determined in its sole discretion.
11. Intellectual Property Claims. Subject to Section 10 herein, SIMBA will indemnify and hold you harmless against any damages resulting from use of the PROGRAM finally awarded against you pursuant to a judicial proceeding, to the extent such proceeding is based upon an infringement of any valid U.S. or Canadian patent issued prior to the date you receive the PROGRAM from SIMBA, or any valid U.S. or Canadian copyright by the PROGRAM, provided that you: (i) give written notice of the claim promptly and within thirty (30) days to SIMBA; (ii) give SIMBA sole control of the defense and settlement of the claim; (iii) provide to SIMBA all available information and assistance; and (iv) have not compromised or settled such claim. If the PROGRAM is found to infringe or in SIMBA's opinion is likely to infringe, SIMBA may at its sole discretion elect to: (i) obtain for you the right to use the PROGRAM; (ii) replace or modify the PROGRAM so that it is non-infringing; or (iii) remove the PROGRAM and refund to you your net book value for the PROGRAM. SIMBA will have no obligation under this Section 9 for any claims which result from: (i) use of the PROGRAM in combination with any non-SIMBA provided software (including any portion of the PROGRAM not authored by SIMBA); (ii) SIMBA's compliance with your designs or specifications; (iii) modification of the PROGRAM by you or anyone other than SIMBA; or (iv) use of an allegedly infringing version of the PROGRAM, if the alleged infringement could be avoided by the use of a different version made available to you by SIMBA. This Section 11 sets forth the entire liability of SIMBA and your exclusive remedies for claims of infringement involving the PROGRAM.
12. Confidential Information. You acknowledge that the PROGRAM constitutes confidential information of SIMBA that is proprietary and valuable to SIMBA and its licensors and you will use the same level of care as a reasonable and prudent businessperson would to protect and safeguard the confidentiality of such confidential information while it is in your possession or control. You will not use or reproduce the PROGRAM for any purpose not expressly set out herein and will not disclose to or grant any other party access to the PROGRAM for any purpose, other than as expressly permitted herein. You acknowledge and agree that you will not publish or make public any performance details or information about the PROGRAM without the prior written permission of SIMBA. You acknowledge and agree that performance and testing results are confidential information and will only be shared with those within your organization who have a need to know. If you breach your confidentiality covenants herein, then in addition to any other remedies SIMBA may be entitled to, SIMBA will be entitled to apply to a court of competent equitable jurisdiction for and obtain injunctive relief, including an interlocutory injunction, to enjoin such breach or any anticipated breach. You acknowledge that other remedies will not adequately compensate SIMBA in the event of your breach or anticipated breach of your confidentiality covenants herein. Your confidentiality covenants in this Section 12 will not apply to information which you can conclusively prove: (i) was developed independently by you without the use of the PROGRAM; (ii) is generally available to the public; or (iii) is available to you on a non-confidential basis from other lawful sources.
13. U.S. Government Restricted Rights Legend. If the PROGRAM is acquired by any agency or other part of the U.S. government in a transaction subject to the Federal Acquisition Regulations or the Defense Federal Acquisition Regulations, the PROGRAM is furnished with Restricted Rights. Use, duplication, or disclosure of the PROGRAM by the U.S. government is subject to all applicable restrictions set forth in such Regulations, as amended from time to time, including subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at Section 48 C.F.R. 52.227-19.
14. Survival. Sections 2, 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13, and all other provisions of this Agreement which may reasonably be interpreted as surviving termination of this Agreement, shall survive the termination of this Agreement.
15. Entire Agreement. This Agreement constitutes the entire agreement between you and SIMBA regarding the PROGRAM. If any provision is found to be invalid by a court of competent jurisdiction, the balance of the provisions will remain in full force and effect. This Agreement will be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, excluding its conflict of laws rules. The parties hereby attorn to the jurisdiction of the courts within the Province of British Columbia in the event of any dispute hereunder. The provisions of the U.N. Convention on Contracts For The International Sale of Goods (1980) and the American Law Institute's Principles of the Law of Software Contracts ("Principles") are expressly excluded. The parties agree that (i) the Principles shall have no application whatsoever to the interpretation or enforcement of this Agreement, and (ii) neither party shall invoke the Principles in whole or in part in any proceeding relating to this Agreement. Notwithstanding the foregoing, Simba may bring suit in any appropriate forum or court of competent jurisdiction for any breach of this Agreement or misappropriation of its intellectual property rights, including claims for equitable and injunctive relief.
16. Enurement. The rights, restrictions, limitations, disclaimers and remedies granted to, retained by, or for the benefit of SIMBA will enure to the benefit of and will be enforceable by SIMBA and its licensors, successors and assigns. The obligations, covenants and rights, which apply to you, will enure to your benefit and will be binding on you and your permitted successors and assigns.
17. Publicity. You agree that SIMBA may, at its option, refer to you in its marketing and promotional materials as a licensee of the PROGRAM, unless you advise SIMBA to the contrary in writing within thirty (30) days of the date you receive the PROGRAM from SIMBA.
18. Non-Personal Data. You agree that Simba may collect, maintain, process and use diagnostic, technical and related information, including information related to your device, computer, system, application software, peripherals to facilitate the provision of software update, product support and compliance verification, and otherwise to improve the PROGRAM and other software products and delivery of related services.
19. Taxes. You certify that you are not resident in Canada for purposes of the Excise Tax Act and that you are not registered under that Act. Where applicable, you agree to advise Simba in the event there is any change to your residence status or should you become registered for the purposes of the Excise Tax Act.
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