TERMS AND CONDITIONS FOR USE 1. Definitions "License" shall mean this document. "Licensor" shall mean Index Hint LLC. "Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity. "You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License. "Activation Keys" shall mean unique license key-code files or API key values provided by Licensor to enable Your use of Skeema Premium CLI during the subscription period. "Software" shall mean the software program Skeema Premium CLI in binary form for one or more operating system platforms, along with any supplemental files and Activation Keys, made available under the License. 2. Grant of Rights Subject to the terms and conditions of this License, Licensor hereby grants to You a revocable, worldwide, non-exclusive, non-transferable license to use the Software. You may install and use an unlimited number of copies of the Software for Your internal business use. 3. Software Updates You will have access to all updates of the Software released while this License is in effect, without any further fees. 4. Support If You subscribe to the Skeema Plus product tier, technical support is not provided. You may send support inquiries by e-mail to support@skeema.io, but Licensor has no obligation to respond in any timeframe. If You currently have an active subscription to the Skeema Max product tier, You are entitled to technical support by e-mail. Support requests must be sent by e-mail to support@skeema.io, and shall be responded to by e-mail within 2 U.S. business days. Licensor will use reasonable endeavors to solve problems identified by You. However, due to the nature of software, no guarantees are made that any particular problem will be solved. In cases where a problem is solved, no guarantees are made that it will be solved in a particular way, and scheduling of a corresponding new release of the Software shall be solely under Licensor's control. Technical support is limited to general-purpose questions, troubleshooting, and defect reports relating to the Software's documented functionality. Technical support does not include feature request implementation, training materials, tutorials, or consultation regarding how to use the Software to solve Your specific internal business needs or custom use-cases. 5. Restrictions The Software is licensed for Your internal business use. You may not reproduce, distribute, rent, lease, sell, publish, transmit, host, outsource, or otherwise make available the Software, in whole or in part, to any third party. You may not use the Software to create, offer, host, or distribute a competing product which provides relational database management solutions to third parties. A product competes if it acts as a substitute for the functionality or value of the Software. A product may compete even if it provides its functionality via any kind of interface (including services, libraries, or APIs) and even if it is provided free of charge. You may not sub-license, transfer, or assign any of the rights or obligations granted under this License to any other person or legal entity. You may not modify, reverse-engineer, tamper with, or de-compile the Software in any manner. You accept that the Software's mechanisms for validating and renewing Activation Keys requires periodic access to Licensor's remote servers via encrypted (HTTPS) connections over the public Internet. You must not block, restrict, or firewall these connections. Title, copyright, intellectual property rights and distribution rights of the Software remain solely and exclusively with the Licensor. This License does not in any way transfer ownership rights to the Software. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor. If You subscribe to the Skeema Plus product tier, sharding functionality in the Software is limited to mapping each subdirectory to no more than 10 database shards per environment. You agree not to use proxies, middleware, or query routers to map a single subdirectory to more than 10 database shards. These sharding restrictions are waived for all other subscription product tiers. 6. Disclaimer of Warranty Unless required by applicable law or agreed to in writing, Licensor provides the Software on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either expressed, implied, or statutory, including, without limitation, any warranties or conditions of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the Software and assume any risks associated with Your exercise of permissions under this License. Licensor does not warrant that use of the Software will be uninterrupted or error-free. You accept that software in general is prone to bugs and flaws within an acceptable level as determined in the industry. 7. Limitation of Liability Liability of Licensor will be limited to a maximum of the aggregate sum of any fees paid for the Software in the 12 months prior to the event giving rise to the liability. Licensor will not be liable for any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Software (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by You arising out of the use or failure to use the Software), even if Licensor has been advised or is aware of the possibility of such damages. You acknowledge Your obligation to make data backups at regular intervals. In the event of a suspected software defect, You must also take all reasonable additional safety measures. 8. Mention right This section only applies to subscribers of the Skeema Plus product tier. For all other subscription product tiers, this section is waived. If You subscribe to the Skeema Plus product tier, You grant the Licensor the right to mention Your use of the Software as a customer on Licensor's Web site, using Your company name and logo, for the duration of Your subscription to the Skeema Plus product tier. If You subscribe to the Skeema Plus product tier and then later change Your subscription to a different product tier, Licensor will remove Your company name and logo from Licensor's website within 2 business days upon Your written request. 9. Acceptance All terms, conditions and obligations of this License will be deemed to be accepted by You upon first download of the Software. 10. Subscription and Fees The Software is offered on a subscription basis. This License is granted in consideration of Your timely payment of subscription fees at the beginning of each billing period. Your subscription will automatically renew until You choose to cancel it. If You choose to cancel or otherwise opt not to renew the subscription, this License is terminated at the end of Your current billing period. You will not receive any refunds if You cancel the subscription. Cancellation requests must be submitted using the Software's online customer portal. An email or phone request is not considered cancellation. 11. Term and Termination The term of this License will begin upon Acceptance, and shall remain in effect until terminated by either party. You may terminate this License by cancelling Your subscription under the provisions of section 10. Licensor may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate this License with or without prior notice. This License will terminate immediately in the event that You fail to comply with any of its provisions. On termination of this License for any reason, You will promptly destroy all copies of the Software. You accept that upon termination of this License, Licensor will disable Your Activation Keys, rendering the Software inoperable. 12. Litigation Any litigation relating to this License may be brought only in the courts of a jurisdiction where Licensor maintains its principal place of business and such litigation shall be governed by laws of that jurisdiction, without reference to its conflict-of-law provisions. Nothing in this section shall prevent a party's ability to bring cross-claims or counter-claims. 13. Miscellaneous All rights not expressly granted in this License are reserved by Licensor. This License contains the entire agreement between the parties concerning the Software. All understandings have been included in this License, which supersedes any conflicting communications, proposals, quotes, and representations. Only the written terms of this License will bind the parties. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this License. Words in the singular mean and include the plural and vice versa.