These Terms of Service (“Terms”) govern your access to and use of the kwikquery.com website (the “Site”) and the TabbyDB software product (“TabbyDB”) distributed by KwikQuery LLC (“KwikQuery,” “we,” “us”). By using the Site or downloading TabbyDB, you agree to these Terms.
1. Use of the Site
You may use the Site for lawful purposes only. You agree not to (a) interfere with or disrupt the Site; (b) attempt to gain unauthorized access to any part of the Site; (c) use the Site to transmit malicious code; or (d) scrape or harvest content from the Site by automated means without our prior written permission.
2. TabbyDB trial license
TabbyDB binaries are provided for evaluation and non-production use under a trial license. Subject to your compliance with these Terms, KwikQuery grants you a limited, non-exclusive, non-transferable, revocable right to download, install, and use TabbyDB solely for internal evaluation purposes for the duration of the trial period.
You may not (a) redistribute, sublicense, sell, rent, or lease TabbyDB; (b) remove or alter any proprietary notices in TabbyDB; or (c) use TabbyDB in production workloads without first entering into a separate commercial agreement with KwikQuery. For commercial or production use, contact asif.shahid@kwikquery.com.
TabbyDB incorporates and is derived from Apache Spark, which is licensed under the Apache License 2.0. Your use of the Apache Spark components within TabbyDB is also subject to the terms of the Apache License 2.0.
3. Intellectual property
The Site, its content, and TabbyDB (other than open-source components governed by their respective licenses) are the property of KwikQuery and are protected by United States and international intellectual property laws. Except as expressly granted in these Terms, no rights or licenses are granted to you.
4. Feedback
If you provide feedback, suggestions, or ideas about TabbyDB or the Site, you grant KwikQuery a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without restriction or compensation.
5. Disclaimers
THE SITE AND TABBYDB ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. KWIKQUERY DOES NOT WARRANT THAT THE SITE OR TABBYDB WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED.
6. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KWIKQUERY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR TABBYDB, EVEN IF KWIKQUERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, KWIKQUERY’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).
7. Indemnification
You agree to defend, indemnify, and hold harmless KwikQuery and its officers, employees, and agents from any claim, demand, or expense arising out of your use of the Site or TabbyDB, your violation of these Terms, or your violation of any rights of a third party.
8. Termination
We may suspend or terminate your access to the Site or TabbyDB at any time, with or without notice, for any reason, including for violation of these Terms. Upon termination, your right to use TabbyDB ceases and you must delete all copies of TabbyDB in your possession.
9. Governing law
These Terms are governed by the laws of the State of Oregon, United States, without regard to its conflict-of-laws principles. Any dispute arising from these Terms will be resolved exclusively in the state or federal courts located in Washington County, Oregon, and you consent to the jurisdiction of those courts.
10. Changes to these terms
We may update these Terms from time to time. The “Last updated” date at the top of this page reflects the most recent revision. Continued use of the Site or TabbyDB after changes are posted constitutes acceptance of the revised Terms.
11. Contact
Questions about these Terms:
KwikQuery LLC
Beaverton, Oregon, USA
asif.shahid@kwikquery.com
This document is provided as general information and is not legal advice. KwikQuery recommends reviewing these Terms with qualified counsel before relying on them.