Updated 14 March 2006
END-USER LICENSE AGREEMENT FOR DANICSOFT SOFTWARE IMPORTANT - PLEASE READ CAREFULLY This Danicsoft End-User License Agreement ("agreement") is a legal agreement between you (either as an individual or a single entity) and Danicsoft, a registered Partnership in British Columbia, Canada, governing the usage and distribution of computer programs and data files and applicable documentation ("products") that are property of Danicsoft. By exercising your privilege to install this Danicsoft Software Product, you agree to be bound by the terms of this agreement. If you do not agree to the terms of this agreement, you may not install and use any Danicsoft Software Products. DANICSOFT SOFTWARE PRODUCT LICENSE. 1. LICENSE SOLD. By purchasing this Danicsoft Software Product, you have purchased a license granting you the privilege to use the Danicsoft Software Product. The Danicsoft Software Product is licensed only to you, and for your use only. Title and ownership of the Danicsoft Software Product, as well as all copyrights and trademarks contained within, remain property of Danicsoft. 2. GRANT OF LICENSE. Subject to any applicable license fees, if any, this agreement grants non- exclusive and non-transferable license to use the product(s) according to the terms and conditions of this agreement. USE. Licensee may: A. For such licensed product(s): install, access, or otherwise use, as appropiate, one copy of this product(s) or any prior version of this product. B. For Evaluation product(s): install, access or otherwise use, as appropriate, one copy of this product(s) under the condition that the Licensee discontinues use after granted trial period expires. Licensee may use product(s) during trial with limitations to product(s) as published by Licensor. 3. TERM AND TERMINATION. This agreement shall remain in effect until terminated in accordance with this section of as otherwise provided in this agreement. Licensee may terminate this agreement at any time, for any reason, by written notice to Licensor. Licensee shall not be entitled to any refund if this license is terminated. Upon termination, Licensee shall discontinue use and certify in writing as destroyed, all copies of the Product(s). 4. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the product(s) shall remain in Danicsoft. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Danicsoft's ownership of or rights with respect to the product(s). The product(s) are protected by copyright and other intellectual property laws and by international treaties. Title and related rights in the content accessed through the product(s) are the property of the applicable content owner and are protected by applicable law. The license granted under this agreement gives Licensee no rights to such content. Any copy shall contain all notices regarding proprietary rights as contained in the product originally delivered by Licensor. 5. RESTRICTIONS. Except as otherwise expressly permitted within this agreement, Licensee may not: (i) modify in any way or create any derivative works of any product(s) or documentation, including translation or localization; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any product(s); (iii) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights of any product(s); (iv) copy any product(s) except as for use as single copy for Licensee, to be used only by Licensee, and not used concurrently with original product(s); (v) RESELL, REDISTRIBUTE, WHOLESALE, OR OTHERWISE TRANSFER LICENSE TO ANY OTHER PARTY; (vi) publish any results of benchmark test run on any product(s) to a third party without Danicsoft's prior electronic or written consent (including where to be published, date of publication and availability of publication such as a URL; or (vii) use any product(s) on a system with more users than the number of licenses held if the product or products are available to all users; or on more computers than the number of licences held, as applicable. 6. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY. All the product(s) are provided "AS IS" without warranty of any kind. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR 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 AND DOCUMENTATION REMAINS WITH LICENSEE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCTS IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.