END USER LICENSE AGREEMENT

IMPORTANT: THIS APPLICATION END USER LICENSE AGREEMENT (“EULA”) IS A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND TABLEPLUS. READ IT CAREFULLY BEFORE COMPLETING THE INSTALLATION PROCESS AND USING THE APPLICATION. IT PROVIDES A LICENSE TO USE THE APPLICATION AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY INSTALLING AND USING THE APPLICATION, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE APPLICATION AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT INSTALL THE APPLICATION AND RETURN THE APPLICATION TO YOUR PLACE OF PURCHASE. THIS EULA SHALL APPLY ONLY TO THE APPLICATION SUPPLIED BY TABLEPLUS. HEREWITH REGARDLESS OF WHETHER OTHER APPLICATION IS REFERRED TO OR DESCRIBED HEREIN.

1. License

TablePlus grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

2. License Restrictions

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

license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of TablePlus or its affiliates, partners, suppliers or the licensors of the Application.

3. Modifications to Application

TablePlus reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

4. Updates

TablePlus may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that TablePlus has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the Application, and (ii) subject to the terms and conditions of this Agreement.

5. Ownership

The foregoing license gives you limited license to use the application. TablePlus and its suppliers retain all rights, title and interest, including all copyright and intellectual property rights, in and to, the application (as an independent work and as an underlying work serving as a basis for any application you may develop), and all copies thereof. All rights not specifically granted in this EULA, including Federal and International Copyrights, are reserved by TablePlus and its suppliers.

6. Privacy Policy

TablePlus collects, stores, maintains, and shares information about you in accordance with its Privacy Policy, which is available at Privacy Policy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

7. Term and Termination

This Agreement shall remain in effect until terminated by you or TablePlus.

TablePlus may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from TablePlus, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your computer.

Termination of this Agreement will not limit any of TablePlus’s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

8. Indemnification

You agree to indemnify and hold TablePlus and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

9. Warranties Disclaimer

The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, TablePlus, 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 Application, 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, TablePlus provides no warranty or undertaking, and makes no representation of any kind that the Application 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.

10. Limitation of Liability

Neither TablePlus nor its suppliers shall be liable to you or any third party for any indirect, special, incidental, punitive or consequential damages (including, but not limited to, damages for the inability to use equipment or access data, loss of business, loss of profits, business interruption or the like), arising out of the use of, or inability to use, the application and based on any theory of liability including breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if TablePlus or its representatives have been advised of the possibility of such damages.

11. Severability

If any provision of this Agreement 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.

12. Amendments to this Agreement

TablePlus reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days’ notice 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 our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

13. Governing Law

This License will be governed by the laws in force in Canada. You hereby consent to the non-exclusive jurisdiction and venue sitting in Canada to resolve any disputes arising under this EULA.

14. Term

By downloading and/or installing this application, the Licensor agrees to the terms of this EULA. This license is effective until terminated. Licensor has the right to terminate your License immediately if you fail to comply with any term of this License. “as is”. Licensor makes no Warranties, express or implied, arising from course of dealing or usage of trade, or statutory, as to any matter whatsoever. In particular, any and all warranties or merchantability, fitness for a particular purpose or non-infringement of third party rights are expressly excluded.

15. Contact Information

If you have any questions about this Agreement, please contact us at [email protected]