The Legal Stuff

Before you can download and use our tools, our lawyers would like a few words with you.
Read on down the page and input your agreement at the bottom.

END USER LICENSE AGREEMENT

READ THIS END USER LICENSE AGREEMENT (“EULA”) CAREFULLY. THIS EULA IS A LEGAL AGREEMENT BETWEEN YOU AND BRENT OZAR PLF, LLC (“OZAR”, “WE”, “US,” OR “OUR”). BY CLICKING “I AGREE,” OR OTHERWISE INSTALLING, COPYING, RUNNING, USING OR DISTRIBUTING THE “SOFTWARE” (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS EULA. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT CLICK “I AGREE” OR OTHERWISE INSTALL, COPY, USE OR DISTRIBUTE THE SOFTWARE.

1. License. Subject to your agreement and compliance with these terms and conditions of this EULA, Ozar grants you a limited, personal, royalty-free, revocable, non-exclusive, non-transferable license to use the Software, solely for your internal purposes. Ozar reserves all rights in the Software not expressly granted to you here. The term “Software” means such application software designated as “sp_Blitz®” or “sp_BlitzIndex®,” together with all components thereof and all updates, patches, fixes, modifications and enhancements thereto, including releases of new versions, whether provided to you via download, automatically without additional consent or action on your part or otherwise, and any and all accompanying documentation, files and materials. The Software may include “Clips” (as defined below), and your responsibilities and restrictions related to the Software apply to the Clips

2. Third Party Software. The Software may contain third party software which is subject to additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at www.brentozar.com/go/eula and are made a part of and incorporated by reference into this EULA. By accepting this EULA, you are also accepting the additional terms and conditions, if any, set forth therein.

3. License Restrictions.

a. The Software and the license herein granted may not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part.

b. You may not alter, merge, modify, adapt or translate the Software, or decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

c. You may not use the Software to develop any product having the same primary function as the Software, and you may not create any derivative works or other works that are based on or derived from the Software in whole or in part.

d. Ozar’s name, logo and graphics file that represents the Software shall not be used in any way to promote products developed with the Software. No program, code, part, image, audio sample, or text may be copied or used in any way by you except as expressly permitted by Ozar. All rights not expressly granted hereunder are reserved to Ozar.

e. The Software may contain clipart, photo images, video content, audio clips (collectively referred to as the “Clips”) that are either owned by Ozar or licensed from a third-party. Without limiting any other term or provision of this EULA, you may use such Clips only in conjunction with the Software and only to the extent the use of such Software is permitted pursuant to this EULA.

4. Proprietary Rights. The Software contains copyrighted material, trade secrets and other proprietary material. Ozar owns all right, title and interest in and to the Software including, without limitation, all intellectual and proprietary rights appurtenant thereto, and, except for the limited license granted to you herein, nothing in this EULA shall be construed to transfer, convey, impair or otherwise adversely affect Ozar’s ownership or proprietary rights therein or any other Ozar information or materials, tangible or intangible, in any form and in any medium. sp_Blitz® and sp_BlitzIndex® and other trademarks contained in the Software are trademarks of Ozar. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols, labels, or Clips in the Software. This EULA does not authorize you to use Ozar’s name or any of its trademarks.

5. Data Collection and Use. You hereby agree that Ozar may collect and use certain technical information associated with your use of the Software, including, without limitation, any information provided in connection with any registration, support or technical services for the Software, in accordance with Ozar’s privacy policy available at www.brentozar.com/go/eula. Ozar may audit your Software usage for anti-piracy purposes, to verify a valid registration, and identify if new updates are available for your server or other computing device prior to sending you a notice to install a new Software update, and to assess your use of the Software. You consent to the Software sending usage data (e.g., the number of instances the Software is launched, the device IP address, and/or the version of the Software), for registration, authentication, use and anti-piracy auditing and enforcement purposes and for all usage purposes described in this Section 5.

6. DISCLAIMER OF WARRANTY

a. THE SOFTWARE IS PROVIDE AND LICENSED “AS IS,” AND OZAR DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT TO THE SOFTWARE, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALSO, THERE IS NO WARRANTY OF NON-INFRINGEMENT AND TITLE OR QUIET ENJOYMENT. OZAR DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. NO RIGHTS OR REMEDIES REFERRED TO IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE WILL BE CONFERRED ON YOU UNLESS EXPRESSLY GRANTED HEREIN.

b. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OZAR, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN.

7. LIMITATION OF LIABILITY

a. OZAR SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, COVER, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE EQUIPMENT OR ACCESS DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE), ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE AND BASED ON ANY THEORY OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF OZAR OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

b. THE SOFTWARE MAY CONTAIN “OPEN SOURCE” MATERIALS (E.G., ANY SOFTWARE SUBJECT TO OPEN SOURCE, COPYLEFT, LIBRARY GENERAL PUBLIC LICENSE, LESSER GENERAL PUBLIC LICENSE, MOZILLA LICENSE, BERKELEY SOFTWARE DISTRIBUTION LICENSE, OPEN SOURCE INITIATIVE LICENSE, MIT, APACHE OR PUBLIC DOMAIN LICENSES, OR SIMILAR LICENSE). OZAR MAKES NO WARRANTIES, AND SHALL HAVE NO LIABILITY, DIRECT OR INDIRECT, WHATSOEVER WITH RESPECT TO OPEN SOURCE MATERIALS CONTAINED IN THE SOFTWARE.

8. Indemnification. You agree to defend Ozar, its officers, directors, employees, agents, licensors, representatives, advertisers, business and promotional partners, operational service providers, suppliers, resellers and contractors (the “Ozar Indemnified Parties”) against any and all claims, demands and/or actions and indemnify and hold the Ozar Indemnified Parties harmless from and against any and all losses, damages, costs and expenses (including reasonable attorneys’ fees), resulting from any breach or violation of this EULA, infringement, misappropriation or any violation of the rights of any other party, violation or non-compliance with any law or regulation, the breach or violation of any term or condition of your Agreement with us, any use, alteration or export of the Software or otherwise in connection with this EULA. Ozar reserves the right to assume, at Ozar’s expense, the exclusive defense and control of any claims or actions and all negotiations for settlement or compromise, and you agree to fully cooperate with Ozar upon Ozar’s request.

9. Termination. Ozar has the right to terminate this license and your right to use the Software at any time for any reason, including in the event Ozar reasonably believe you have failed to comply with any term or condition of this EULA. If this license or your right to use the Software terminates for any reason or you must stop all use of the Software and either return to us or destroy the Software and all copies of the Software that are in your possession or under your control. Ozar may ask you to certify your compliance with the foregoing in writing, and you agree to do so if Ozar requests you to do so. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnification and limitations of liability.

10. Export Restrictions. You may not export the Software into any country to which such export is prohibited by the United States Export Administration Act and the regulations thereunder.

11. Governing Law and Interpretation. This EULA and all disputes, claims, actions, suits or other proceedings arising hereunder shall be governed by, and construed in accordance with, the substantive law of the State of Illinois applicable to contracts wholly made and to be performed within the State of Illinois. You agree to irrevocably submit to the sole and exclusive jurisdiction of the courts of the State of Illinois and the Federal courts of the Northern District of Illinois, situated in the City of Chicago, Illinois. You further irrevocably consent to the exercise of personal jurisdiction by such courts and waive any right to plead, claim or allege that Illinois is an inconvenient forum. No amendment, modification, waiver or discharge of any provision of this EULA shall be valid unless made in writing and signed by an authorized representative of Ozar. No failure or delay by Ozar to exercise any right or enforce any obligation under this EULA or otherwise shall impair or be construed as a waiver or on-going waiver of that or any other right or power, unless made in writing and signed by Ozar. If any provision of this EULA is held to be illegal, invalid or unenforceable, the remaining provisions of this EULA shall be unimpaired and remain in full force and effect. This EULA contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written. You agree that any varying or additional terms contained in any written notification or document issued by you in relation to the Software licensed hereunder shall be of no effect. All questions concerning this EULA shall be directed to Help@BrentOzar.com, Attention: EULA.

YOU ACKNOWLEDGE THAT YOU HAVE READ THE ENTIRE AGREEMENT, UNDERSTAND IT, ACKNOWLEDGE YOU ARE BOUND BY IT AND AGREE TO FULLY COMPLY WITH ALL OF ITS TERMS AND CONDITIONS.

This document was last modified on February 28, 2013, and is effective immediately.

Copyright © Brent Ozar PLF, LLC 2013. All Rights Reserved. No part of this EULA may be reproduced without the express and prior written consent of Brent Ozar PLF, LLC.

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