IMPORTANT-READ CAREFULLY: This DataNumen End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and DataNumen, Inc. (“DATANUMEN”) with respect to the DATANUMEN software product, including associated software components and any accompanying distributable files, data and materials developed and provided by DATANUMEN (“SOFTWARE”). By installing, copying, downloading or using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, you may not install or use the SOFTWARE.
Part I of this EULA shall apply to the demo license of the SOFTWARE and Part II to the full license of the SOFTWARE. Part III contains the general provisions for both kinds of licenses.
Part I Demo License
This is not free software. Subject to the terms below, you are hereby licensed by DATANUMEN to use unlimited copy of the SOFTWARE demo version, on unlimited number of computers or workstations, without charge, for unlimited times after you first install the SOFTWARE demo version on any computer or workstation.
Subject to all of the terms of this EULA, you may, without making any payment to DATANUMEN:
1. give exact copies of the SOFTWARE demo version and without charge of any kind to anyone, subject to the terms of this EULA, using tangible media of any kind or via e-mail (but not in a bulk mailing or through unsolicited bulk e-mails);
2. distribute exact copies of the SOFTWARE demo version, subject to the terms of this EULA, if done exclusively by allowing downloads through the public Internet and without charge of any kind; and
3. make as many exact copies of the SOFTWARE demo version as you wish, for purposes of distribution as described in a. and b. above.
For purposes of the foregoing, an “exact copy” of the SOFTWARE demo version means a file that is identical, at the time you create the copy, to the SOFTWARE demo version distribution file available at product homepage.
You are specifically prohibited from charging, or requesting donations, for any distributed copies, however made, or from distributing such copies with other products of any kind, commercial or otherwise, without prior written permission from DATANUMEN. Also, you are specifically prohibited from charging, or requesting donations, for providing access to any hyperlink or other method that allows a user to create or transfer electronically copies of the SOFTWARE demo version.
DATANUMEN reserves the right to revoke any or all distribution rights at any time, for any or no reason.
Part II Full License
Subject to the terms of this EULA, DATANUMEN grants to you, for each Licensed Copy, a limited, non-exclusive, non-transferable, license to install and use the SOFTWARE full version, solely for your internal full purposes.
If you have purchased a single-user license, you have the right to install and use a single copy of the SOFTWARE full version on one computer or workstation for the exclusive use of the person who obtains the license from DATANUMEN. If you have purchased a multi-user license, you have the right to install or access a copy of the SOFTWARE full version on multiple computers up to the number of “Licensed Copies” that you have acquired, as determined below. If you have purchased a site license, you have the right to install or access a copy of the SOFTWARE full version on any number of computers in the organization that has acquired the license.
If you have installed the SOFTWARE full version on one computer(“OLD COMPUTER”) in accordance with the terms of this EULA, you cannot transfer the license from the OLD COMPUTER to another computer unless the OLD COMPUTER will never be used in the future.
You may not give, transfer or sell copies of the SOFTWARE full version to your customer(s), or any third party, in whole or in part, nor include copies of the SOFTWARE full version, in whole or in part, in, or with, products you sell.
Each Licensed Copy may be accessed through a network, provided that you have purchased a Licensed Copy for each workstation that will access the SOFTWARE full version through the network. For instance, if 8 different workstations will access the SOFTWARE full version on the network, you must purchase 8 Licensed Copies of the SOFTWARE full version, regardless of whether the 8 workstations will access the SOFTWARE full version at different times, or concurrently.
If you have purchased a Multi-User License, you are responsible for duplicating and distributing the SOFTWARE full version for use in accordance with the terms of this EULA, and for monitoring the number of copies of the SOFTWARE full version installed and used by your organization and you agree that upon request from DATANUMEN or DATANUMEN’s authorized representative, you will within thirty (30) days fully document and certify the number of copies of the SOFTWARE full version you have installed. Under a Multi-User License, you may install the SOFTWARE full version only on computers operated by, or on behalf of, your organization.
Part III General Provisions
All rights of any kind in the SOFTWARE which are not expressly granted in this EULA are entirely and exclusively reserved to and by DATANUMEN. The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties that are relevant to your use of the SOFTWARE.
You may use, install and distribute the SOFTWARE solely as expressly provided in this EULA. You may not rent, lease, loan, sublicense, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on, the SOFTWARE, in whole or in part, nor permit anyone else to do so. You may not make access to the SOFTWARE available to others in connection with a service bureau, application service provider, or similar full, nor permit anyone else to do so. The license granted hereunder includes no rights in or to the source code version of the SOFTWARE.
Warranty Disclaimers and Liability Limitations
THE SOFTWARE, AND ANY AND ALL ACCOMPANYING SOFTWARE, FILES, DATA AND MATERIALS, ARE DISTRIBUTED AND PROVIDED “AS IS” AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER DNI NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SOFTWARE. NEITHER DNI NOR ANY OF ITS AFFILIATES OR LICENSORS WARRANTS THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE USE OF ANY DATA RECOVERY AND/OR FILE RECOVERY FEATURES WILL BE EFFECTIVE IN RECOVERING DATA CONTAINED IN ANY FILE, IN WHOLE OR IN PART. YOU ACKNOWLEDGE THAT GOOD DATA PROCESSING PROCEDURE DICTATES THAT ANY PROGRAM, INCLUDING THE SOFTWARE, MUST BE THOROUGHLY TESTED WITH NON-CRITICAL DATA BEFORE THERE IS ANY RELIANCE ON IT, AND YOU HEREBY ASSUME THE ENTIRE RISK OF ALL USE OF THE COPIES OF THE SOFTWARE COVERED BY THIS LICENSE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE.
EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, DNI, ITS AFFILIATES OR LICENSORS SHALL NOT BE LIABLE FOR ANY DAMAGE OR FINANCIAL LOSS ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SOFTWARE. ANY LIABILITY OF DNI, ITS AFFILIATES OR LICENSORS WILL BE LIMITED EXCLUSIVELY TO REFUND OF ANY LICENSE FEE PAID TO DNI. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE STATUTES, IN NO EVENT SHALL DNI, OR ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER RELATING TO THE USE OF THE SOFTWARE, OR TO YOUR RELATIONSHIP WITH, DNI, ITS AFFILIATES OR LICENSORS (INCLUDING, WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS OPPORTUNITY OR BUSINESS ADVANTAGE, OR BUSINESS INTERRUPTION), WHETHER BASED UPON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, IN NO EVENT DOES DNI AUTHORIZE YOU OR ANYONE ELSE TO USE THE SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THE SOFTWARE’S FAILURE TO PERFORM CAN REASONABLY BE EXPECTED TO RESULT IN A SIGNIFICANT PHYSICAL INJURY, OR IN LOSS OF PROPERTY, OR LOSS OF LIFE. ANY SUCH USE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO HOLD DNI, ITS AFFILIATES OR LICENSORS HARMLESS FROM ANY AND ALL CLAIMS OR LOSSES RELATING TO SUCH UNAUTHORIZED USE.
The SOFTWARE, including, without limitation, the information included in its accompanying distributable files, data and materials and any activation code and license key and registration code files or information, and the know-how embodied in the SOFTWARE, is confidential and trade secret information (the “Proprietary Information”) that is proprietary to and solely owned or licensed by DATANUMEN, together with all related copyrights and trademarks relating thereto. You agree to maintain the Proprietary Information in strictest confidence for the benefit of DATANUMEN and its licensors. You shall not sell, license, publish, display, distribute, disclose, or otherwise make available or allow to be made available the Proprietary Information, including, without limitation, any activation codes, license keys, registration codes, or registration files, to any third party nor use such Proprietary Information except as authorized by this EULA. The obligations under this paragraph shall survive any termination or cancellation of the License.
This EULA is the complete statement of the agreement between the parties on the subject matter, and merges and supersedes all other or prior understandings, purchase orders, agreements, and arrangements.
You may not assign, sublicense, subcontract, or otherwise transfer any of your rights or obligations or delegate any of your duties under this EULA, in whole or in part, without the prior written consent of DATANUMEN. Notwithstanding anything to the contrary, any assignment of this EULA or any rights or obligations hereunder is contingent upon the intended assignee agreeing to be bound by the terms of this EULA and all responsibilities and obligations of the assignor hereunder.
There are no third-party beneficiaries of any promises, obligations, or representations made by DATANUMEN herein.
Any waiver by DATANUMEN of any violation of this EULA by you shall not constitute, nor contribute to, a waiver by DATANUMEN of any other or future violation by you of the same provision, or any other provision, of this EULA.
If any part of this EULA or the application thereof to any person or circumstance is for any reason held invalid or unenforceable, it shall be deemed severable, and the validity of the remainder of this EULA, or the applications of such provision to other persons or circumstances, shall not be affected thereby.