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Terms and Conditions

Version 1.1 as of March 23, 2023

This website https://www.sqlways.com/ (the Site) is operated by Ispirer Systems, LLC, a company organized and existing under the laws of the State of Washington, with its head office located at 19125 North Creek PKW, STE 120, Bothell, WA 98011, USA (Ispirer). Please read these Terms and Conditions carefully before accessing or using the Site. By accessing or using any part of the Site, you (the User) agree to be bound by these Terms and Conditions. If you do not agree to any of or all the terms and conditions below, then you may not access the Site or use any services. By purchasing software licenses via the Site, you also agree to be bound by specific terms and conditions herein regarding purchase of licenses online.

1. SERVICES OFFERED
1.1. SQLWAYS® Online Converter. The User is offered by Ispirer to use SQLWAYS Online Converter (Converter) free of charge for converting program codes from source programming language into target programming language using the Site. Once your personal account is created, the Converter will accept your code in one of the supported source programming languages and will automatically convert it into the requested target language without human interaction. One-time conversion is available for no more than 10,000 (ten thousand) characters. Number of conversions is unlimited. The Converter is owned by Ispirer Systems LLC., copyrighted and made available to the Users.

1.2. Purchase of Software Licenses Online.
The Site provides an opportunity for registered Users (those, who created personal account and logged in) to buy license keys for using SQLWays Wizard desktop software through online payment. In order to purchase a license key User shall choose a license type (plan), then check characteristics of the license, choose migration direction and validity term of the license key, and click to payment button. After that User will be redirected to MyCommerce payment systems for processing the payment. Please, look through MyCommers Privacy Policy and Terms of Sale and follow the instructions of MyCommerce payment systems to complete the payment. Initiating MyCommerce payment process User proclaim that he\she agrees to the terms of these document, terms of services of MyCommerce and characteristics of the license (plan), chosen to be purchased. Once your payment is processed, the license key will be available in your personal account. You will also receive one or several processing e-mails, that will contain invoice, payment confirmation, notifications on errors, if any, and your license key. You may check Ispirer SQLWays Toolkit End User License Agreement in advance to be fully informed about Ispirer terms of licensing of Ispirer SQLWays Toolkit.

1.3. Representation. Each User represents his or her ability to enter into contracts lawfully, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use the Site; if the User uses the Site on behalf of the legal entity, the User represents its legal authority to bind that entity by these Terms and Conditions.

2. CHANGES
Ispirer at its own discretion from time to time may change or remove features or functionality of the Converter or the Site, as well as change any of the services provided through the Site. It is User’s responsibility to check this page periodically for changes.

3. ACCURACY AND VALIDITY OF DATA
Ispirer does not accept any liability for the data uploaded to the Converter as well as for the resulting converted codes. It is solely the User’s responsibility to determine the suitability of the data for its intended purpose and to obtain all rights and permissions, required for modernization of the uploaded data. Ispirer assumes no responsibility for the timeline, accuracy, reliability, completeness or usefulness of any statement, opinion, advice, service or other information contributed by any User or any third party. Ispirer will make reasonable efforts to convert the code via the Converter accurately, but does not accept liability for its inaccuracy.

4. DATA PROCESSING
Once the code is converted, the User will be able to save, download or copy the result. Both uploaded code and the result, as well as information about the type of conversion, will be stored by Ispirer within 1 (one) year and open for User’s access through the personal account. If the result was not downloaded within the available timeframe, it will be deleted and conversion cannot be reclaimed.

5. DATA PROTECTION AND MONITORING
Converter is setup to be secure. Ispirer may transmit User’s data to its group of companies (affiliated companies), but does not hand over any User’s data to third parties without prior written authorization from the User. User’s codes stored by Ispirer within 1 (one) year may be used by Ispirer to improve the Converter only. Ispirer also may at its own discretion monitor the Converter and Users’ activities thereof to determine and ensure compliance with these Terms and Conditions and to protect itself and other Users from fraudulent, unlawful or abusive use of the Converter.

6. SUPPORT
6.1. Technical Support. Technical support is not provided along with the Converter. The User may refer to Ispirer specific case or question via feedback form on the Contact us tab and Ispirer is entitled to either decline or decide on that case in its sole discretion. Provision of technical support for desktop software is regulated by Ispirer SQLWays Toolkit End User License Agreement. 6.2. Non-Technical Support. If you have any organizational issues or difficulties related to payment, including if you need to return funds paid in error, please, let us know using support@ispirer.com and we will assist you on case-by-case basis.

7. USER’S RESTRICTIONS
User must not modify, enhance, or alter the Converter in any way. User must not transmit any worms or viruses or any code of a destructive nature. User must not remove or alter any copyright notices or other proprietary notices of the Converter. User must not also reverse engine or attempt to extract the source code of the Converter. User may not copy, rent, lease, sell, license, sublicense or distribute in any other way any part of the Converter, the Converter on a standalone basis or as part of a developed application or service. User may not share the personal profile data and password enabling others to use the Converter without registering a new account with new email address. User is responsible for all activities that occur under User’s personal account, regardless of whether the activities are undertaken by the User, User’s employees or any third party (including User’s contractors and agents) and, except to the extent caused by Ispirer’s breach of these Terms and Conditions, Ispirer is not responsible for unauthorized access to User’s account. User has to delete the personal profile if believes an unauthorized third party may be using User’s account or if the account information is lost or stolen.

8. PROPRIETARY RIGHTS AND NON-DISCLOSURE
The User agrees that the Converter, the Site and the authorship, systems, ideas, methods of operation, documentation and other information contained in it, are proprietary intellectual properties and/or the valuable trade secrets of Ispirer, its affiliates, suppliers and/or licensors and are protected by civil and criminal law, and by the law of copyright, trade secret, trademark and patent of the United States, other countries and international treaties. The User may use trademarks only insofar as to identify printed output produced by the Converter in accordance with accepted trademark practice, including identification of trademark owner’s name. Such use of any trademark does not give the User any rights of ownership in that trademark. Ispirer, its affiliates and/or its suppliers own and retain all right, title, and interest in and to the Converter and the Site, including without limitations any error corrections, enhancements, updates or other modifications to the Converter, whether made by Ispirer or any third party, and all copyrights, patents, trade secret rights, trademarks, and other intellectual property rights therein. The User’s use of the Converter does not transfer to the User any title to the intellectual property, and the User will not acquire any rights to the Converter except as expressly set forth in these Terms and Conditions.

9. NO WARRANTY
THE CONVERTER IS OFFERED TO THE USER “AS IS” AND ISPIRER MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. ISPIRER DOES NOT AND CANNOT WARRANT THE PERFORMANCE OF RESULTS THE USER MAY OBTAIN BY USING THE CONVERTER. ISPIRER MAKES NO WARRANTIES CONDITIONS, REPRESENTATIONS, OR TERMS (EXPRESS OR IMPLIED WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING WITHOUT LIMITATION OF THIRD-PARTY RIGHTS, MERCHANTABILITY, INTEGRATION, SATISFACTORY QUALITY, FOR ANY PARTICULAR PURPOSE. ISPIRER DOES NOT AND CANNOT WARRANT THE PERFORMANCE OF THE CONVERTER 24/7 AND ISPIRER IN NO WAY IS RESPONSIBLE FOR FAILURE IN PERFORMANCE OF THE CONVERTER CAUSED BY TECHNICAL BUGS OR OTHER CONDITIONS BEYOND REASONABLE CONTROL OF ISPIRER.

10. LIMITATION OF LIABILITY
IN NO EVENT WILL ISPIRER BE LIABLE TO THE USER FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER OR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL DAMAGES, OR ANY LOST PROFITS OR LOST SAVINGS, EVEN IF AN ISPIRER REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGES, CLAIMS OR COSTS OR FOR ANY CLAIM BY ANY THIRD PARTY. ISPIRER’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS SHALL BE LIMITED TO 100 (ONE HUNDRED) US DOLLARS.

11. APPLICABLELAW AND SETTLEMENT OF DISPUTES
These Terms and Conditions shall be governed by and construed in accordance with the substantive laws of the State of Washington without regard to principles of conflict of laws. If a dispute arises under these Terms and Conditions, the parties agree to first try to resolve the dispute by negotiations. If it proves impossible to arrive at a mutually satisfactory solution by negotiations, any controversy or claim arising out of or relating to these Terms and Conditions, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. The seat of arbitration shall be Seattle, WA.

ISPIRER RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO THE USER IN THESE TERMS AND CONDITIONS.