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Toad for Oracle BETA Program

Instructions for Joining the Toad for Oracle BETA Program

The Beta requires that you are running the current commercial copy of Toad for Oracle. If you are not running the latest commercial version you need to go here.
In order to provide and receive feedback, you should join this community so you can post to the BETA discussion forum.
In order to receive email notifications of new beta updates, go to the Toad BETA Discussion and click the Watch Forum link.
Read the Beta Agreement on this page.
Download the installer MSI below and run it. Do not install Toad Beta into your commercial Toad folder or the previous beta folder, if it exists.
Download the latest Beta Update EXE and run it.
If you joined the Toad community (strongly urged) and are watching the BETA forum, you will receive a message when a new beta has been posted with a list of changes, new functionality, bug fixes, etc.
Post your feedback.

Quest Software, Inc.

BETA USAGE AGREEMENT

READ THIS BETA AGREEMENT CAREFULLY.  BY DOWNLOADING, INSTALLING OR USING THE SOFTWARE YOU INDICATE ACCEPTANCE OF AND AGREE TO THE TERMS AND CONDITIONS OF THIS BETA AGREEMENT.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT DOWNLOAD, INSTALL OR USE THE SOFTWARE.


The purpose of this Beta Agreement (“Agreement”) is to set forth the terms and conditions under which Quest Software, Inc., with its principal place of business located at 5 Polaris Way, Aliso Viejo, California 92656 ("Quest"), at its sole discretion will provide to you ("Company") a copy of Quest's software product known as TOAD which contains additional pre-release features, enhancements and upgrades that are not contained in the commercially available version of TOAD and are not intended for use in a production environment ("Software").  Use of the Software shall be for the sole purpose of ongoing pre-release evaluations and testing by Company only.  The specific conditions pertaining to this evaluation are as follows:


1.	Grant of License:  Quest grants to Company, during the term of this Agreement as specified in Section 2 below, the nontransferable, nonexclusive right to use one (1) copy of the Software for the sole purpose of internal pre-release evaluation and testing only.   This right is subject to the following additional specific agreements and covenants by Company concerning the use of the Software:

(i)	Company agrees that the Software is for its own internal, non-production use only and that it shall not sell or transfer any copies of the Software, shall not relicense, rent or lease the Software, use the Software for third party training, commercial time-sharing or service bureau use, or otherwise make the Software available to third parties;

(ii) Company agrees to make no copies of the Software except for backup purposes;

(iii)	Company agrees not to cause or permit the disassembly, reverse compilation, or reverse engineering of the Software, except as otherwise specified by law;

(iv)	Company agrees to make every reasonable effort to prevent others from making or obtaining copies of the Software;

(v)	Company hereby acknowledges Quest's copyright in the Software regardless of whether the copyright notice appears on the Software or whether it has been filed with the United States Copyright Office, and Company does not acquire any rights in the Software, express or implied, other than those specified in this Agreement; and

(vi)	Company agrees and confirms that it understands that, if and when the Software is made commercially available by Quest, the features, performance and configuration of the Software shall be determined by Quest at its sole discretion.

2.	Term and Termination:

(a)	Company's right to use the Software will terminate on the earlier of (i) termination of this Agreement by Quest or (ii) the date of general commercial availability of the Software.  Quest shall have the right, at its sole discretion, to terminate this Agreement with or without cause upon written notice to Company.

(b)	Nothing in this Agreement shall be deemed to require Quest to make the Software commercially available on any particular date nor does Quest make any such representation or warranty, express or implied, regarding any such commercially available version.  Nothing in this Agreement shall be deemed to convey to Company the rights to use a commercially released version of the Software or any components thereof, if and when such are available.  Use of such commercial product shall be subject to a separate agreement between Quest and Company.

(c)	Upon termination of this Agreement as provided above, Company shall cease using and shall return the Software, including all copies, or shall certify in writing that the Software and all copies have been destroyed within ten (10) calendar days of termination of the right to use the Software hereunder.  Quest’s warranty disclaimers set forth in Section 4 and Company’s non-disclosure obligations set forth in Section 5 shall survive the termination of this Agreement.

3.  Company Feedback:  Company agrees to provide Quest with comprehensive information regarding the Software (“Feedback”) as soon as possible after Company learns of such Feedback.  Feedback shall include, but is not limited to, all information regarding any problems or defects in the Software encountered by Company.  Feedback shall also include sections of source code or other simplified test cases sufficient to adequately demonstrate problems or suspected errors Company encounters in the Software.  Company shall transmit Feedback to Quest in any medium reasonably requested by Quest, including via telephone, facsimile, written communication, email to toadbeta@yahoogroups.com, or by joining the yahoo group at http://www.toadsoft.com/maillist.htm.  All Feedback shall become the sole and exclusive property of Quest and may be used by Quest in any way without restriction or obligation to Company.  Quest shall be free to use for any purpose any ideas, concepts, know-how, or techniques resulting from Quest’s access to or work with any information exchanged pursuant to this Agreement.

4.	SPECIFIC WARRANTY DISCLAIMERS:  COMPANY UNDERSTANDS THAT THE SOFTWARE IS EXPERIMENTAL AND THAT QUEST DOES NOT WARRANT THE SOFTWARE IN ANY WAY, INCLUDING BUT NOT LIMITED TO PERFORMANCE OR FEATURES OF THE SOFTWARE.  ALL WARRANTIES REGARDING THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, WHETHER  EXPRESS OR IMPLIED, ARE HEREBY DISCLAIMED BY QUEST.

THE SOFTWARE IS PROVIDED “AS IS” FOR EVALUATION AND TESTING PURPOSES ONLY, AND OWING TO ITS EXPERIMENTAL NATURE, COMPANY IS ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SOFTWARE FOR ANY REASON.  COMPANY AGREES TO USE THE SOFTWARE WITH ALL DUE CAUTION, AND TO TAKE EVERY PRECAUTION TO ENSURE THE INTEGRITY OF DATA, HARDWARE, AND SOFTWARE IN THE SOFTWARE'S OPERATING ENVIRONMENT.  COMPANY FURTHER AGREES THAT QUEST SHALL NOT BE HELD LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY COMPANY OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF QUEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL QUEST’S LIABILITY FOR DAMAGES HEREUNDER EXCEED THE AMOUNTS RECEIVED BY QUEST AS A RESULT OF THIS TRANSACTION.  THESE WARRANTY DISCLAIMERS SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.

5.	Trade Secrets and Confidentiality:  In evaluating the Software, Company recognizes that the Software is confidential and proprietary to and a trade secret owned and/or licensed by Quest.  Company hereby agrees not to disclose any information relating to Software (including, but not limited to, its existence, design and performance capabilities, the results of any performance/benchmark tests, and any authorization codes or license keys) to third parties without the prior written permission from Quest.  Company shall treat all information regarding the Software provided by Quest as Quest’s “Confidential Information”, including without limitation the Software, source code, object code, documentation and any proprietary tools, proprietary knowledge or proprietary methodologies disclosed by Quest to Company under this Agreement.  Company shall hold such Confidential Information in the strictest confidence and take all reasonable steps to protect such from any use, reproduction, publication, disclosure or distribution except as specifically authorized by this Agreement.

6.	Support and Updates:

(a)	Quest shall have no obligation to support or provide support services to Company relating to the Software.  Quest may, however, make such services available to Company at its sole discretion.

(b)	Quest may from time to time make available updates, enhancements and/or modifications to the Software and may, at its sole discretion, provide such updates to Company which will be identified by a change in the Software version number, but is under no obligation to do so.  The provision by Quest to Company of such updates, enhancements and/or modifications to the Software shall be subject to all covenants and conditions of this Agreement, including, but not limited to, the restrictions on Company's use of the Software and Quest's disclaimer of warranties.

7.	Governing Law:  This Agreement shall be governed by the laws of the State of California, U.S.A.  Quest shall, however, have the right to seek relief in any court of competent jurisdiction in order to protect its proprietary rights in the Software.

8.	Export Administration:  Company agrees to comply fully with all relevant export laws and regulations of the United States (“Export Laws”) to assure that neither the Software or any direct product thereof are (1) exported, directly or indirectly, in violation of Export Laws; or (2) are intended to be used for any purpose prohibited by the Export Laws, including, without limitation, nuclear, chemical or biological weapons proliferation.

9.	Entire Agreement:  Except where specifically stated otherwise herein, this Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.  This Agreement may not be modified or amended except in a writing signed by a duly authorized representative of each party.  No other act, document, usage or custom shall be deemed to modify or amend this Agreement.  This Agreement shall also supersede all terms of any unsigned or “shrink wrap” license included in any package, media or electronic version of Software provided under this Agreement.

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Toad for Oracle BETA Program

Instructions for Joining the Toad for Oracle BETA Program

Quest Software, Inc.

BETA USAGE AGREEMENT