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JS Tuner Freeware License Agreement

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Java SQL Tuner
JS Tuner (r) Copyright (c) 2004 www.DanHotka.com
All Rights Reserved
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LICENSING ISSUES FOR THE FREE VERSION
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This is a free use version of JS Tuner. This version does include
any bug fixes from any previous versions of JS Tuner.

This version expires periodically. New releases are available by asking Dan.

Contact Info@DanHotka.com with any questions about JS Tuner.

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FREEWARE END-USER AGREEMENT:
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www.DanHotka.com
4300 Sheridan Ave
Des Moines, Iowa 50310
Phone: (515) 279-3361;
email: Info@DanHotka.com web: http://www.DanHotka.com

PLEASE READ THIS AGREEMENT CAREFULLY. BY INSTALLING AND/OR USING THIS SOFTWARE,
YOU INDICATE ACCEPTANCE OF AND AGREE TO BECOME BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS
AGREEMENT, DO NOT INSTALL OR USE THIS SOFTWARE AND PROMPTLY DESTROY ALL
APPLICABLE FILES.

INTRODUCTION
This agreement is made between www.DanHotka.com and you, the user, (hereafter
referred to as "USER"). For the purpose of this agreement, the freeware computer
software program(s) and supporting help files will be referred to as the "Software".

This is a 'USE AT YOUR OWN RISK' tool. The user of this tool agrees to absolve Dan Hotka
of ANY responsibility for losses, costs, damages, or expenses of every nature or kind
due to use of the Program.

1. Grant. Subject to the terms and conditions of this Agreement, the Software
downloaded is licensed not sold, to User by www.DanHotka.com. The "Use" granted hereunder
shall be non-exclusive and non-sub-licensable.

2. This is a 'shareware' and 'freeware' product. You may share it with others, you may not
sell this tool, or bundle it with any other software without the written consent of Dan Hotka.

3. Restrictions. www.DanHotka.com reserves any rights not expressly granted to User and
retains title and full ownership rights under the copyright laws of the United
States or any other jurisdiction or under any federal, state, or foreign laws.
www.DanHotka.com is not obligated to provide and User acquires no right of any kind with
respect to any source code for the Software. User agrees that it has no right
whatsoever to modify the Software or any portion thereof in any manner. User
shall not, nor permit any third party to reverse engineer, decompile,
disassemble or otherwise reduce the Software to any other humanly perceivable
form, and may not modify, adapt, rent, lease, loan or create derivative works
based upon the Software or any part thereof.

4. Export Law Assurances. User shall not export or re-export, or allow the
export or re-export of the Software or any copy, portion or direct product
of the foregoing, in violation of any export laws, restrictions, national
security controls or regulations of the United States or other applicable
foreign agency or authority, without all required licenses and proper
authorizations, to Cuba, Libya, North Korea, Iran, Iraq, or Rwanda or to any
Group D:1 or E:2 country (or any national of such country) specified in the
then current Supplement No. 1 to Part 740 of the U.S. Export Administration
Regulations (or any successor supplement or regulations).Notwithstanding
the foregoing, User may export or re-export the Software between the United
States and Canada, provided User's principle place of business is in North
America.

5. Maintenance. No Maintenance support of any kind is provided with the
Software.

6. Warranty. www.DanHotka.com warrants that it or its licensors retain(s) all
intellectual property rights in the Software and any accompanying written
materials provided by www.DanHotka.com, including but not limited to copyright, and
that it has the legal right to grant User the use granted under this Agreement.

UNLESS OTHERWISE SPECIFICALLY DEFINED WITHIN THIS AGREEMENT, THIS LIMITED
WARRANTY IS THE ONLY WARRANTY PROVIDED BY WWW.DANHOTKA.COM AND ITS LICENSORS EXPRESSLY
DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT
NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN
MATERIALS.

7. Limitation of Remedies and Damages. IN NO EVENT WILL WWW.DANHOTKA.COM, ITS
SUBSIDIARIES OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR
AFFILIATES OF ANY OF THE FOREGOING BE LIABLE TO USER WITH RESPECT TO ANY
SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT
LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY CONSEQUENTIAL,
INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF
BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE,
OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES,
ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING
WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF WWW.DANHOTKA.COM
OR A WWW.DANHOTKA.COM REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
WWW.DANHOTKA.COM'S LIABILITY TO USER FOR DAMAGES FOR ANY CAUSE WHATSOEVER, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO NO GREATER THAN
THE AMOUNT OF MONEY PAID TO WWW.DANHOTKA.COM FOR THE SOFTWARE THAT CAUSED THE DAMAGES.
NO ACTION MAY BE BROUGHT AGAINST WWW.DANHOTKA.COM LATER THAN ONE YEAR FROM THE
TERMINATION OF THIS AGREEMENT.

8. Injunctive Relief and Cumulative Remedies. User hereby expressly agrees
that www.DanHotka.com, in addition to any other rights or remedies which
www.DanHotka.com may possess, shall be entitled to injunctive and other equitable
relief without having to post bond or other security to prevent a material breach
or continuing material breach of this Agreement. No remedy conferred on
www.DanHotka.com by any specific provisions of this Agreement is intended to be
exclusive of any other remedy, and each and every remedy shall be cumulative and shall
be in addition to every other remedy given herein or now or hereafter
existing at law or in equity or by statute or otherwise. The election of
any one or more remedies by www.DanHotka.com shall not constitute a waiver of the
right to pursue other available remedies.

9. Nondisclosure. "Confidential Information" shall be defined to include
Software, source code, object code, documentation and any proprietary tools,
proprietary knowledge or proprietary methodologies disclosed by www.DanHotka.com to
User and not generally known by non-www.DanHotka.com personnel, which User may gain
access to or knowledge of as a result of this Agreement. User shall observe
complete confidentiality with respect to the Software and Confidential
Information, and shall use its best efforts and take all reasonable steps
to protect the Software and Confidential Information from any use,
reproduction, publication, disclosure, or distribution except as specifically
authorized by this Agreement. User shall promptly notify www.DanHotka.com of any known
unauthorized use or disclosure of the Software and will cooperate with www.DanHotka.com
in any litigation brought by www.DanHotka.com against third parties to protect its
proprietary rights.

10. General. This Agreement will be construed under the laws of the State
of Iowa, except for that body of law dealing with conflicts of law.
In the event there is a dispute concerning the subject matter of this
Agreement, the proper venue shall be the County of Polk, State of
Iowa, United States of America. If any provision of this Agreement
shall be held by a court of competent jurisdiction to be contrary to law,
that provision will be enforced to the maximum extent permissible, and
the remaining provisions of this Agreement will remain in full force and
effect.

This Agreement does not supercede any written agreement between User and
www.DanHotka.com.