IMPORTANT: PLEASE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE SOFTWARE. BY DOWNLOADING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
1. Introduction
This License Agreement (“Agreement”) is made and entered into by and between JXB Software Limited, trading as DataFusing (“JXB”), and you, the end user (“You” or “User”). This Agreement governs your use of the DataFusing CloudSQL software (“Software”).
2. License Grant
Subject to the terms and conditions of this Agreement, JXB grants You a non-exclusive, non-transferable license to download and install the Software on a single personal computer for your own use. The license is per user per computer.
3. Trial Period
The Software is offered for a fixed trial period as specified on the DataFusing website. At the end of the trial period, you must either purchase a license or stop using the Software. You agree not to use any workaround, time manipulation, or software modification to extend the trial beyond its designated duration.
4. User Responsibilities
• You are responsible for backing up any data stored within the Software, including SQL history and connection details.
• You are solely responsible for ensuring your access to Oracle Fusion Cloud is authorized and compliant with Oracle’s terms of service. JXB will not be held responsible for any illegal access attempts using CloudSQL.
• You are liable for any damages caused by your misuse of the Software. JXB shall not be liable for damages resulting from misuse, including unauthorized access or data loss.
5. Third-Party Dependencies
CloudSQL relies on Oracle Fusion Cloud APIs. Changes to these APIs may disrupt Software functionality. While JXB will attempt to provide timely updates or alternatives, no refunds will be issued for such disruptions.
6. License Transfer
The license is not transferable to another user. Any attempt to sublicense, assign, or transfer the license shall be void.
7. Subscription and Payment
• The Software requires a monthly subscription fee.
• You are responsible for timely payment of the subscription fee.
• The subscription will automatically renew at the end of the term unless cancelled before the renewal date.Failure to receive payment on or before the subscription end date shall result in the automatic cancellation of the licence without the requirement of further notice to either party.
• All fees are non-refundable once paid, unless required by applicable law.
8. Software Updates
You agree to upgrade the Software as and when notified by JXB through emails or notifications within the software. JXB is not obligated to support older versions. Failure to install updates may limit functionality or cause the Software to stop working. JXB is not responsible for issues arising from outdated versions.
9. Data Collection and Use
JXB may connect to Datafusing.com to validate your license, collect anonymized error event data for software improvement, and collect anonymized usage data to understand user patterns and enhance the user experience. No personal data will be collected or shared with third parties. Both error and usage data will be stored for a maximum of 24 months before deletion.
10. Confidentiality.
10.1. Definition. As used herein, “Confidential Information” means all confidential information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), or otherwise accessed by the Receiving Party, whether orally or written, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. User Confidential Information shall include the User Data; JXB’s Confidential Information shall include the Service and JXB proprietary technology and software; and Confidential Information of each party shall include the terms and conditions of this Agreement and all Orders, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.
10.2. Exclusions. Confidential Information shall not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
10.3. Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall protect the Disclosing Party’s Confidential Information by using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care), and shall not disclose or use any Confidential Information of the Disclosing Party for any purpose outside the scope of this agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Party to those of its employees, contractors and agents who need such access for purposes consistent with this agreement and who are bound by confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.
10.4. Permitted Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is required to do so in connection with any judicial, governmental or administrative proceedings (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigation, demand or similar process) or pursuant to any applicable law (including, without limitation, any securities laws or stock exchange regulations), provided that, to the extent permitted under applicable law, the Receiving Party shall provide prompt notice of such court order or requirement to the Disclosing Party to enable the Disclosing Party to seek a protective order or otherwise prevent or restrict such disclosure. The Receiving Party shall limit such disclosure to the minimum disclosure as required and shall take appropriate measures to avoid or minimize the release of such information in connection with the proceedings for which the Confidential Information is sought.
11. AI-Powered SQL Assistance (Deepseek)
As part of an optional feature, the Software may offer AI-based assistance for SQL analysis using third-party large language models (LLMs), such as Deepseek. This feature may send SQL queries, including instructions and code snippets, to the Deepseek API for analysis or suggestions. No personal data or stored user data will be transmitted.
This AI feature is provided as a complementary and optional service. If you do not wish to share your SQL queries or instructions with Deepseek, you may disable or choose not to use this feature.
You acknowledge and agree that:
• It is your sole responsibility to understand and review the data handling, privacy practices, and terms of service of Deepseek and any associated third-party AI providers.
• JXB does not control how Deepseek processes the information sent to it and disclaims any liability arising from the use or misuse of data by such third-party services.
• By using this feature, you accept any risks associated with sharing your code snippets with third-party AI systems.
12. Reverse Engineering
You are prohibited from attempting to reverse engineer, decompile, or disassemble the Software.
13. Termination
JXB may terminate this Agreement and your access to the Software at any time for any reason, with or without notice. The service will be terminated without notice upon license expiry unless renewed. Upon termination, you must immediately cease all use of the Software and delete all copies in your possession.
14. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales, United Kingdom. Any disputes shall be subject to the exclusive jurisdiction of the courts in England and Wales.
15. Entire Agreement
This Agreement constitutes the entire agreement between JXB and You regarding the Software and supersedes all prior or contemporaneous communications or agreements.
16. Severability
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
17. Force Majeure
JXB shall not be liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including natural disasters, power outages, and other similar events.
18. Contact Us
If you have any questions about this Agreement, please contact JXB at cloudsql@datafusing.com.
BY CLICKING “I AGREE” BELOW, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THIS AGREEMENT AND AGREE TO BE BOUND BY THEM.
