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{\b\fs28 End User License Agreement}\par
{\b\fs20 SQL Server Health Monitor}\par
Version 1.0 \endash\~June 2026\par
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This End User License Agreement ("Agreement") is a legally binding contract between you, either an individual or a single legal entity ("Licensee" or "you"), and Georg Piwonka, Reichsstra\'dfe 150a, 6800 Feldkirch, Austria ("Licensor", "we" or "us"), for the SQL Server Health Monitor software, including its executables, libraries, documentation, and any updates provided to you (collectively, the "Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree, do not install or use the Software.\par
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{\b\fs22 1. Definitions}\par
"License Key" means the signed license file or key issued by Licensor that activates the Software and defines its permitted scope, including any limit on the number of monitored database servers ("Server Limit"). "Monitored Server" means each distinct SQL Server instance configured for monitoring within the Software.\par
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{\b\fs22 2. Grant of License}\par
Subject to your compliance with this Agreement and payment of all applicable fees, Licensor grants you a non-exclusive, non-transferable, non-sublicensable license to install and use the Software for your internal business purposes, solely within the scope authorized by your License Key and for the duration of its validity period. You may install the Software on the number of systems reasonably necessary to operate it, provided the number of Monitored Servers does not exceed the Server Limit encoded in your License Key.\par
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{\b\fs22 3. License Keys and Activation}\par
The Software requires a valid License Key for full functionality. Without a valid License Key, certain actions (such as adding monitored servers or changing configuration) may be disabled, while read-only functions may remain available. You may not share, resell, sublicense, or otherwise distribute your License Key, nor attempt to use the Software beyond the limits it encodes.\par
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{\b\fs22 4. Restrictions}\par
You shall not, and shall not permit any third party to: (a) copy, modify, or create derivative works of the Software except as expressly permitted; (b) reverse engineer, decompile, or disassemble the Software, except to the extent such restriction is prohibited by applicable mandatory law; (c) rent, lease, lend, sell, sublicense, or provide the Software as a hosted or managed service to third parties; (d) remove or alter any proprietary notices; or (e) circumvent, disable, or tamper with the License Key mechanism, the Server Limit, or any other technical limitation of the Software.\par
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{\b\fs22 5. Ownership}\par
The Software is licensed, not sold. Licensor and its suppliers retain all right, title, and interest in and to the Software, including all intellectual property rights therein. No rights are granted to you other than those expressly set out in this Agreement.\par
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{\b\fs22 6. Third-Party and Open-Source Components}\par
The Software may include third-party or open-source components that are subject to their own license terms. Such terms govern your use of those components and, to the extent of any conflict, prevail over this Agreement with respect to those components.\par
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{\b\fs22 7. Customer Data and Operation}\par
The Software connects to database servers that you designate and processes operational and performance data from them. You are responsible for the systems you connect, for the credentials and connection strings you provide, and for ensuring you are authorized to monitor those systems. The Software stores its data in a database that you control; Licensor does not receive your operational data through normal use of the Software.\par
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{\b\fs22 8. Updates and Support}\par
Licensor may, but is not obligated to, provide updates, upgrades, or support for the Software. Any such updates are governed by this Agreement unless accompanied by separate terms.\par
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{\b\fs22 9. Term and Termination}\par
This Agreement is effective until terminated. It terminates automatically if you breach any of its terms, and may also expire in accordance with the validity period of your License Key. Upon termination you must cease all use of the Software and destroy all copies in your possession. Sections 4, 5, 10, 11, and 13 survive termination.\par
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{\b\fs22 10. Disclaimer of Warranty}\par
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. THE SOFTWARE IS A MONITORING AID AND IS NOT A SUBSTITUTE FOR YOUR OWN OPERATIONAL JUDGMENT, BACKUPS, OR SAFEGUARDS.\par
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{\b\fs22 11. Limitation of Liability}\par
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE. LICENSOR'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR INTENT OR GROSS NEGLIGENCE, OR FOR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE MANDATORY LAW.\par
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{\b\fs22 12. Compliance and Export}\par
You agree to use the Software in compliance with all applicable laws and regulations, including any applicable export-control and sanctions laws.\par
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{\b\fs22 13. Governing Law and Jurisdiction}\par
This Agreement is governed by the laws of the Republic of Austria, excluding its conflict-of-laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement shall be the competent courts of Austria, to the extent permitted by law. Mandatory statutory rights of consumers under the law of their place of residence remain unaffected.\par
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{\b\fs22 14. General}\par
If any provision of this Agreement is held to be unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that most closely reflects the original intent. This Agreement constitutes the entire agreement between the parties regarding the Software and supersedes all prior or contemporaneous understandings. Licensor's failure to enforce any provision shall not constitute a waiver.\par
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{\b\fs22 15. Contact}\par
Questions about this Agreement may be directed to: Georg Piwonka, georg@piwonka.cc, Reichsstra\'dfe 150a, 6800 Feldkirch, Austria.\par
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