IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE:
Licensor has granted a non-exclusive, non-transferable and perpetual license to use the Software (”License”) for a certain number of end users designated by the licensee.
1. RESTRICTED USE.
a) You may not: (i) permit other individuals to use the Software except under the terms listed herein and in accordance with the License; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software; (iii) copy the Software (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or; (v) remove any proprietary notices or labels on the Software. Any such forbidden use shall immediately terminate your rights to the Software.
b) You agree that you shall only use the Software in a manner that complies with the License and with all applicable laws in the jurisdictions in which you use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.
c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
3. BETA RELEASE VERSIONS AND TRIAL PRODUCT VERSIONS.
In the event that the Software is a beta release version, the terms of this Section shall apply. Your right to use the Software expires 120 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commer-cial release of the Software that Licensor intends to distribute. While Licensor intends to distribute a commercial release of the Software, Licensor reserves the right at any time not to release a commercial release of the Software or, if released, to alter fea-tures, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything tocircumvent or defeat the features designed to stop the Software from operating after the license expires.
In the event that the Software is made available as a trial product version, the terms of this Section shall apply. By accepting the Software as a trial product your right to use the Software expires 30 days after installation (or such other period as indicated by the Software) and the Software may cease to function. By accepting the Software as a trial product version you accept the Software 'as is' and waives all express and implied warranties during the trial period. You agree that as a trial product version the Software is not suitable for production use and you agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the trial period expires. Upon termination or expiry of the trial pe-riod, you must either obtain a valid license to continue the use of the Software or destroy the Software.
4. LIMITED WARRANTY AND LIMITATION OF LIABILITY (COMMERCIAL VERSIONS)
For the use of commercial versions of Dynamic Products, the following terms apply :
(a) Licensor warrants the Software will perform substantially in accordance with its published specifications for a period of 30 days from the date that you first use the Software. However, Licensor does not warrant (a) that the Software will be uninterrupted, error-free or secure in operation; or (b) that any defects that may exist in the Software will be corrected; or (c) that the Software will meet your requirements; or (d) that the Software will operate in any combination with other software programs which may be selected for use by you.
(b) THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LICENSOR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS.
(d) Licensor´s sole liability for a breach of this warranty shall be in Licensor´s sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in any accompanying written materials through a procedure different from that set forth in such written materials; or (iii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the Software. Repaired, corrected or replaced Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (30) days after the date Licensor either shipped to you the repaired or replaced Software or advised you as to how to operate the Software, whichever is applicable. Only if you inform Licensor of the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will Licensor be obligated to honor this warranty.
(e) THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR THE LOSS OF BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR THE ABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF LICENSOR WITH RESPECT TO THE SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL REMEDY WILL BE LIMITED EXCLUSIVELY TO THE LICENSE FEE PAID BY YOU FOR THE RIGHT TO USE THE SOFTWARE.
5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY (BETA RELEASE VERSIONS AND TRIAL PRODUCTS).
For the use of Trial and Beta versions of Dynamic Products, the following terms apply:
(a) THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LI-CENSOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY CON-SEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DA-MAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGRE-EMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR´s TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00).
Copyright © 1998-2002 CINTAC A/S and/or its suppliers. Kongevejen 150A, 3460 Birkerød, Denmark. All rights reserved. dynamic ai , Dynamic Financials ® and CINTAC Dynamic are registered trademarks or trademarks of CINTAC A/S.