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End User License Agreement (Guardians for Oracle Application Software)

Important Notice – Please read carefully: Do not install, copy, or use the software, files (defined below), or any part thereof (collectively referred to as the “Software”) of SYNCTobe Technology Co., Ltd. before carefully reading and agreeing to the following terms and conditions. This agreement is a legal agreement (hereinafter referred to as the “Agreement”) between you (an individual or entity or any legal or non-legal organization) (collectively referred to as “you” or “your”) and SYNCTobe   Technology Co., Ltd. and its subsidiaries (hereinafter referred to as “SYNCTobe   Technology”).

If you do not agree to the terms of this agreement, do not install, copy, or use this software. By clicking the “Agree and Accept” button to provide electronic acceptance or by installing, copying, or using this software, you indicate your agreement to all the terms and conditions of this agreement.

These licensing terms shall apply to any installation or update of the software provided by SYNCTobe Technology, unless such installation or update is accompanied by a separate license, in which case the terms of that license shall apply.

Additionally, your act of downloading the software is subject to our Privacy Policy, which can be accessed at the following URL: www.synctobe.com/privacy-policy.

  • Definitions
  1. “Documentation” refers to the installation scripts and online or electronic files that are associated with, included in, or provided in connection with the Software or any of its parts.
  2. “Intellectual Property” refers to all copyrights, trademarks, trade secrets, patents, mask works, and any other intellectual property rights recognized in any jurisdiction worldwide, including all applications and registrations related to them.
  • License

Subject to your compliance with the terms and conditions of this Agreement, SYNCTobe Technology hereby grants you a non-exclusive, non-transferable, royalty-free, revocable, and non-sublicensable limited copyright license, allowing you to use the software solely for the following purposes: (1) Use the software in conjunction with ORACLE RDBMS systems, if applicable; or (2) Analyze or monitor ORACLE RDBMS systems.

  • Restrictions

Apart from the limited authorization explicitly granted in the “Authorization” section of this agreement, you do not have any other rights in this software, whether express or implied, or rights arising from estoppel or other means. The following are additional restrictions on your use of this software. You may not:

  1. Modify or create derivative works of this software.
  2. Copy, distribute, publish, display, sublicense, transfer, or transmit this software in any way.
  3. Decompile, reverse engineer, disassemble, decrypt, modify, or otherwise attempt to derive or discover the source code of the software in a human-readable form, except as permitted by applicable law.
  4. Alter or remove any copyright, trademark, or patent notices in this software.
  5. Use this software for: (i) inventing directly based on confidential information for seeking patent protection; (ii) assisting in analyzing your patents and patent applications; or (iii) modifying existing patents.
  • Feedback

You are not obligated to provide any suggestions, opinions, or other feedback (collectively referred to as “Feedback”) to SYNCTobe Technology regarding this software. However, SYNCTobe Technology may use and incorporate any Feedback received from you to improve this software or other SYNCTobe Technology products, software, and technologies. Therefore, when you provide any Feedback to SYNCTobe Technology, it implies that you grant SYNCTobe Technology and its affiliates and subsidiaries a worldwide, non-exclusive, irrevocable, royalty-free, perpetual license to directly or indirectly use, copy, license, sublicense, distribute, write, have others write, sell, commercialize, and otherwise exploit the Feedback concerning this software or other SYNCTobe Technology products, software, and technologies. You also agree not to provide any Feedback that: (a) you know is subject to any third-party intellectual property rights, or (b) is subject to licensing terms that require the licensing of any product or SYNCTobe Technology intellectual property containing or derived from such Feedback to any third party or sharing with any third party in any way.

  • Your Privacy Rights

We highly value the security of your personally identifiable information. To learn more about how we collect, use, disclose, and manage that information, please refer to our Privacy Policy, which governs your use of this website.

  • Ownership and Copyright of the Software

The software, including all intellectual property rights therein, copies of the software, and trademarks, is and shall remain the sole and exclusive property of SYNCTobe Technology or its licensors. Except as expressly provided in this agreement, you have no rights, ownership, or interests in the software. You agree to prevent any unauthorized copying of the software. All ownership, rights, and intellectual property rights in the software, including all copies thereof (in any form, whole or partial), remain with SYNCTobe Technology. Except as expressly granted in this agreement, SYNCTobe Technology Limited does not grant you any express or implied rights concerning SYNCTobe Technology patents, copyrights, trademarks, or confidential information.

  • Disclaimer

This software is provided on an “as is” basis, without any warranties of any kind. SYNCTobe Technology disclaims any express, implied, or statutory warranties, including but not limited to warranties of merchantability, quality, fitness for a particular purpose, ownership, non-infringement, and any warranties arising from trade usage or that may arise during the use of this software, including but not limited to warranties of continuous or error-free operation of the software. You assume all risks associated with the use of this software. Certain jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you, but only to the extent required by applicable law.

  • Limitation of Liability and Indemnification

To the extent permitted by applicable law, in no event shall SYNCTobe Technology or its licensors be liable for any punitive, direct, incidental, indirect, special, or consequential damages arising out of or in connection with your possession or use of the software or any terms of this agreement, even if SYNCTobe Technology or its licensors have been advised of the possibility of such damages. This includes, but is not limited to, damages resulting from data loss or misuse, loss of profits, loss of confidential information or other information, business interruption, personal injury, loss of privacy, failure to perform any duty (including good faith or reasonable care), negligence, or any other monetary or non-monetary loss.
In no event shall SYNCTobe Technology’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed NT$2,000. You agree to indemnify and hold harmless SYNCTobe Technology, its affiliates, and their respective licensors, directors, officers, employees, affiliates, or agents from and against all losses, damages, liabilities, and other expenses (including reasonable attorney’s fees) arising out of or in connection with your possession or use of the software or any violation of the terms and conditions of this agreement.

  • Termination of License

This agreement may be terminated immediately without notice or judicial decision by SYNCTobe Technology if any of the following circumstances occur: (1) You fail to comply with any terms of this agreement, or (2) You notify SYNCTobe Technology that you wish to terminate this agreement. Upon termination of this agreement, you agree to immediately cease using the software and must delete or destroy all copies of the software. Following termination or expiration of this agreement, all provisions shall remain in effect except for the “License” section.

  • Applicable Law

Governing Law/Jurisdiction. All matters related to this website and/or these terms of use are governed by the laws of Taiwan as the governing law, excluding any conflict of laws or choice of law principles. You agree that any legal disputes arising from this website and/or these terms of use shall be under the exclusive jurisdiction of the Taipei District Court in Taiwan as the court of first instance. While our website is accessible globally, the content on this website may not necessarily be applicable to all individuals or geographical regions. Additionally, this website may provide sections (“Local Sections”) specifically designed for certain geographical regions. Please note that Local Sections may have specific local regulations (“Local Regulations”) that take precedence over these terms of use. If you access and/or use Local Sections and are subject to Local Regulations, we will notify you, and you agree to comply with the Local Regulations. We reserve the right to restrict the provision of this website or any services to any person, any geographical region, or jurisdiction at any time. You are responsible for ensuring compliance with any applicable local laws.

  • General Terms

Without prior written consent from SYNCTobe Technology, you are not permitted to transfer this agreement, and any transfer activities conducted without such consent shall be deemed invalid. The parties do not intend to establish any agency or partnership relationship between them through this agreement. Each provision of this agreement shall be interpreted as valid and enforceable in accordance with applicable law. However, if any provision of this agreement becomes or is declared unenforceable by any court of competent jurisdiction, such provision shall be deleted, and the remaining provisions of this agreement shall remain fully valid. Waiving any part of this agreement in a particular instance does not constitute a waiver of any other part of this agreement, nor does it constitute a waiver of that part in any other circumstance.

  • Full agreement

This agreement constitutes the complete agreement and understanding between the parties with respect to the subject matter of this software, and supersedes and merges all prior oral and written agreements, discussions, and understandings between the parties regarding the subject matter of this agreement. No waiver or modification of any provision of this agreement shall be binding unless in writing and signed by authorized representatives of both parties.

To assist SYNCTobe Technology in enhancing your experience when using PENGSHENG Technology products, SYNCTobe Technology may collect non-personal information and other system information during the installation and/or use of this software.

If you agree to abide by the terms and conditions of this agreement, please click “Accept.” If you do not agree to abide by the terms and conditions of this agreement and click “Decline,” you may not use this software.