CATEGORIESAdmin & Developer Tools
Cloudingo Studio is a developers’ tool to analyze database schema, examine standard and custom fields and objects, and create SOQL queries. In addition, Cloudingo Studio includes SOQL+, an extension of SOQL that functions more like SQL.
END USER LICENSE AGREEMENT
IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE: THIS IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AND SYMPHONIC SOURCE, INC. ("SYMPHONIC SOURCE") COVERING YOUR USE OF THE SYMPHONIC SOURCE SOFTWARE APPLICATION (“SOFTWARE”) THAT YOU HAVE ACQUIRED. YOU ACKNOWLEDGE UPON INSTALLATION OF ANY SOFTWARE THAT YOU HAVE REVIEWED AND AGREED TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS DOCUMENT. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT INSTALL OR USE THE SOFTWARE. IF YOU HAVE ALREADY INSTALLED THIS SOFTWARE AND DO NOT AGREE TO THESE TERMS, PLEASE UNINSTALL THE SOFTWARE AND IMMEDIATELY DISCONTINUE ITS USE. YOU AGREE THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT, AND AGREE TO COMPLY WITH ITS TERMS AND CONDITIONS.
BY CLICKING ON THE "I AGREE" CHECKBOX, DOWNLOADING THE SOFTWARE, OR USING THE EQUIPMENT THAT CONTAINS THIS SOFTWARE, YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IN ADDITION, YOU AGREE THAT THE REGISTRATION INFORMATION THAT YOU HAVE PROVIDED IN ORDER TO OBTAIN A LICENSE KEY IS ACCURATE AND TRUTHFUL. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, UNCHECK THE "I AGREE" CHECKBOX AND THE INSTALLATION PROCESS WILL NOT CONTINUE. IN ADDITION: (1) IF YOU ARE OTHERWISE ATTEMPTING TO DOWNLOAD THE SOFTWARE AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT COMPLETE THE DOWNLOAD; OR, (2) IF THIS SOFTWARE WAS INCLUDED IN EQUIPMENT WHICH YOU PURCHASED AND YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE.
1. DEFINITIONS & GENERAL PROVISIONS
As used herein, “EULA” means an end user license agreement. This EULA is a legal agreement between you (either an individual or an entity) and Symphonic Source, Inc. and its suppliers and resellers (collectively "Symphonic Source") for the Software which may include components provided by suppliers and third-parties to Symphonic Source.
“Software” means the object code versions of the product, together with the updates, upgrades, modifications or enhancements owned and provided by Symphonic Source to you pursuant to this agreement.
"Computer" means the hardware, if the hardware is a single computer system whether physical or virtual, or shall mean the computer system with which the hardware operates, if the hardware is a computer system component.
“Protected Code” means source code contained within the Software that is protected against access by Symphonic Source.
“You”, “Your” means the individual or entity (inclusive of affiliates and subsidiaries) that has licensed the Software under the terms and conditions of this Agreement.
“Salesforce” means Salesforce.com ®
This Software is an application made up of individual software components, each of which was individually written and copyrighted.
The Software is a collective work under U.S. Copyright Law. Upon installation of this Software, Symphonic Source hereby grants you the following license to use the Software in your facility subject to the terms contained herein subject to the licenses referenced herein.
RIGOROUS ENFORCEMENT OF INTELLECTUAL PROPERTY RIGHTS. If this Software is used by the Licensee with any intent to reverse engineer, decompile, create derivative works, and the exploitation or unauthorized transfer of, any Symphonic Source intellectual property and trade secrets, to include any exposed methods or source code where provided, no licensed right of use shall exist, and any products created as a result shall be judged illegal by definition of all applicable law. Any sale or resale of intellectual property or created derivatives so obtained will be prosecuted to the fullest extent of all local, federal and international law.
2. GRANT OF LICENSE. Symphonic Source hereby grants to you a non-exclusive, personal license to use the Software and any related documentation ("Documentation") for the sole purpose of inserting, updating, deleting, exporting, querying data that resides in Salesforce.
3. LICENSE RESTRICTIONS.
(a) You may not: decompile, reverse engineer, disassemble, analyze, modify, adapt, convert, create derivative works from, or otherwise attempt to derive, the Protected Code
(b) You may not: sell, sublicense, redistribute, reproduce, transmit, circulate, disseminate, translate or reduce to or from any electronic medium or machine readable form the Software or any data/information provided to the You through the Software to a person
(c) You may not vary or amend EULA without Symphonic Source’s prior written approval
(d) You may not except as otherwise permitted in this EULA, publish, promote, broadcast, circulate or refer publicly to the Symphonic Source name, trade name, trademark, service mark or logo
(e) You may not commit any act or omission the likely result of which is that Symphonic Source’s reputation will be brought into disrepute or which act or omission could reasonably be expected to have or does have a material and adverse effect on Symphonic Source’s interests.
(f) You agree that you shall only use the Software and Documentation in a manner that complies with all applicable laws in the jurisdictions in which you use the Software and Documentation, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
(g) This EULA does not grant you any rights in connection with any trademarks or service marks of Symphonic Source or its suppliers. All title and intellectual property rights in and to the Software (including but not limited to any images, photographs, animations, video, audio, music, and text incorporated into the Software, and any copies of the Software) are owned by Symphonic Source, its suppliers, or are publicly available. All title and intellectual property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted under this EULA are reserved by Symphonic Source and its suppliers.
In addition, the Software includes license protection mechanisms that are designed to manage and protect the intellectual property rights of Symphonic Source. You must not modify or alter those features to try to defeat the Product use rules that the license protection mechanisms are designed to enforce.
4. TITLE. Title, ownership, rights, and intellectual property rights in and to the Software and Documentation shall remain in Symphonic Source and/or its suppliers. The Software and the Services are protected by the copyright laws of the United States and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software and the Services ("Content") shall be retained by the applicable Content owner and may be protected by applicable copyright or other law. This license gives you no rights to such Content. In addition, Symphonic Source shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Software any suggestions, enhancement requests, recommendations or other feedback provided by You.
5. DATA RIGHTS. You should be aware that Symphonic Source' Software contains functions for collecting information related to your use of the Software. Symphonic Source may also collect and track non-personally identifiable information about you including but not limited to your IP address, the type of hardware you use and the type of browser you employ. Symphonic Source reserves the right to compile, save, use within the scope of Symphonic Source' activities, and analyze any and all of your data (registration data, and use history). Symphonic Source intends to use such data for internal purposes only, including without limitation for the purposes of responding to your requests for information and for contacting you. Symphonic Source may provide aggregated statistics about your use of the Software to third parties, but such information will be aggregated so that it does not identify a particular individual or company.
6. SALESFORCE API & CREDENTIALS. You should be aware that Symphonic Source' Software contains functions to Salesforce. You acknowledge and agree that in order for perform these functions; you will be required to input your Salesforce username, password and token. These credentials may optionally be stored locally on your Computer in an encrypted format. In addition, you acknowledge and agree that Salesforce may limit or govern your API usage based on your Salesforce subscription level.
7. SALESFORCE DATA. You understand and acknowledge that one of the main functions of the Software is to insert, update, delete, export data that resides in Salesforce. In order to perform these functions the Software will use API calls (outlined in section 6 “SALESFORCE API & CREDENTIALS”).
8. PUBLICITY RIGHTS.
(a) You grant Symphonic Source the right to include You as a customer in Software promotional material.
(b) You can deny Symphonic Source this right by submitting a written request via email to email@example.com, requesting to be excluded from Software promotional material. Confirmation of such denial (via reply email) must be received for this exclusion to be effective.
(c) Should You come to be or already be included in Software promotional material, as a result of any prior installations or downloads where You did not request exclusion from Software promotional material, You can at any point in time, submit a written request via email to firstname.lastname@example.org to have Symphonic Source remove the Your name from Software promotional material. Upon receipt of such request, Symphonic Source will remove any reference to You from such promotional material within 30 days and make no further reference to You.
9. LIMITED WARRANTY. You may not assign any of the rights, duties, or obligations under this Agreement to any person or entity, in whole or in part, without the prior written consent of Symphonic Source and any attempt to do so shall be deemed void and/or a material breach of this Agreement. Symphonic Source may assign this Agreement to a parent, subsidiary or affiliated firm or to another entity in connection with the sale or other transfer of all or substantially all of its business assets. Subject to these restrictions, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties, their successors and permitted assigns.
10. LIMITED WARRANTY. SYMPHONIC SOURCE IS PROVIDING AND LICENSING THE SOFTWARE TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
11. NO LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SYMPHONIC SOURCE, INC. BE LIABLE TO YOU FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR DATA BEING RENDERED INACCURATE, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR SOFTWARE PROGRAMS, EVEN IF SYMPHONIC SOURCE, INC. OR A DEALER AUTHORIZED BY SYMPHONIC SOURCE, INC. HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. TERMINATION. You may terminate this agreement at any time by uninstalling and destroying all copies of the Software in Your possession. You also understand and acknowledge that Symphonic Source may disable Your license key and request that you uninstall and destroy all copies of the Software in Your possession. Clauses 1, 4-11, 13-14 shall survive any termination of this Agreement.
13. GENERAL. If any provision of this Agreement is held to be unenforceable, that shall not affect the enforceability of the remaining provisions. This Agreement shall be governed by the laws of the State of Texas and of the United States, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply.
14. COMPLETE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous communications, agreements and understandings, written or oral, with respect to the subject matter hereof including without limitation the terms of any EULA contained in the software or any purchase order issued in connection with this Agreement. This Agreement shall not be amended or modified except in a writing signed by authorized representatives of each party.
15. GOVERNING LAW. This agreement and performance hereunder shall be governed by the law of the State of Texas, USA, regardless of conflict of law provisions , and You hereby irrevocably and unconditionally submit to the exclusive jurisdiction of the courts in Dallas, Texas, USA.
Copyright © 2012-2013 Symphonic Source, Inc. All Rights Reserved. End User License Agreement.
Revised January 9, 2013