Database Management Technology 
DATABASE MANAGEMENT TECHNOLOGY, Inc. (DMT) DBAnalyzer License Agreement
SUBSCRIPTION
An active subscription includes the use of DBAnalyzer software and support services during the term of the subscription. A subscription becomes active upon receipt of payment and shall remain active for one calendar year. Subscriptions cannot be cancelled and subscription fees will not be refunded once ordered. A subscription may be renewed on or before the expiration of the current term. Subscriptions not renewed will be considered expired and the customer agrees to discontinue use of all DBAnalyzer software and support services.
SUPPORT
Software support is provided via telephone and e-mail during normal business hours (US Central Time). Bug fixes, minor updates, and new versions are released as needed and shall be made available to all active subscribers. DMT will make every reasonable effort to resolve identified bugs in a timely fashion but makes no guarantee that that any bug will be fixed within a specific time frame.
TITLE AND PROTECTION
All software, including copies provided by DMT or made by Licensee, is the property of DMT
and contains valuable proprietary information and trade secrets of DMT. Licensee agrees
not to disassemble or reverse engineer the software, not to copy the software except for
archive or backup purposes, and to install the software only on the computer system
licensed to use the software.
LIMITATIONS OF LIABILITY
The Licensee agrees that DMT's liability to Licensee hereunder for damages regardless
of the form of action shall not exceed the total amount of the original license price
of the software acquired hereunder. The Licensee further agrees that DMT will not be
liable to Licensee for any loss of data or profits arising out of or in connection with
this agreement or the use or performance of DMT products licensed under this agreement.
No action, regardless of form, arising out of this agreement may be brought by either
party more than one year after the cause of action has occurred, except that an action
for non-payment may be brought within one year of the date of last payment.
WARRANTIES
DMT MAKES NO EXPRESSED OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL DMT BE LIABLE FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES EVEN IF DMT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CHOICE OF LAW AND LIMITATION OF JUDGMENT
Any claims asserted by the Licensee against DMT based on this agreement or any other
causes of action arising out of the relationship between Licensee and DMT shall be
instituted in Jackson County, Missouri and governed by the laws of the state of Missouri.
Any claims asserted by DMT against Licensee based on this agreement or any other causes
of action arising out of the relationship between Licensee and DMT shall be instituted
in the county in which the business of the Licensee maintains a physical address and
governed by the laws of the local jurisdiction in which the county of the Licensee's
business address is located.
LICENSEE EXPRESSLY AGREES AND COVENANTS THAT ANY ACTION OR CLAIM INSTITUTED OR ASSERTED AGAINST DMT BASED UPON OR ARISING OUT OF THE RELATIONSHIP BETWEEN LICENSEE AND DMT, REGARDLESS OF THE FORM OR TYPE OF SUCH CLAIM OR ACTION, SHALL BE LIMITED IN AMOUNT IN ACCORDANCE WITH THE LIMITATION OF LIABILITY PROVISION SET FORTH IN THE SECTION OF THIS CONTRACT ENTITLED "LIMITATIONS OF LIABILITY". ANY JUDGMENT, DECREE OR DECISION ENTERED AGAINST DMT IN AN AMOUNT IN EXCESS OF SUCH LIMITATION OF LIABILITY AS SET FORTH IN THE SECTION OF THIS CONTRACT ENTITLED "LIMITATIONS OF LIABILITY" SHALL BE NULL, VOID, AND UNENFORCEABLE TO THE EXTENT IT VIOLATES SUCH LIMITATION OF LIABILITY PROVISION.
