END-USER LICENSE AGREEMENT
PLEASE READ CAREFULLY BEFORE ACCESSING THE PRODUCT/S: This End-User License
Agreement is a legal agreement between you (either an individual or a corporate
entity) and DataGroup for the DataGroup product/s that accompanies this agreement,
which includes associated products, tools and reference materials and DataGroup
services ("Product/s"). Additions or addenda to this agreement may
accompany the Product/s.
YOU AGREE TO BE BOUND BY THE TERMS &
CONDITIONS OF THIS AGREEMENT BY INSTALLING, COPYING, OR USING THE PRODUCT/S. IF
YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE PRODUCT/S; YOU MAY RETURN IT
TO YOUR PLACE OF PURCHASE FOR A FULL REFUND, IF APPLICABLE
1. GRANT OF LICENSE. DataGroup grants you the following rights provided that
you fully comply with all terms and conditions of this agreement:
1.1 Installation and use. You may:
(a) install and use a copy of the Product/s on one stand-alone computer or
other device; and
(b) install an additional copy of the Product/s on a second, portable device
for the exclusive use of the primary user of the first copy of the Product/s.
1.2 Alternative Rights for
Storage/Network Use. As an alternative to Section 1.1(a), you may install a
copy of the Product/s on a network storage device, such as a server computer,
and allow one access device, such as a personal computer, to access and use
that licensed copy of the Product/s over a private network. You must obtain a
license to the Product/s for each additional device that accesses and uses the Product/s
installed on the network storage device, except as permitted by Section 1.4 of
1.3 License Grant for remote access. You may use remote access technologies to
access and use your licensed copy of the Product/s, provided that only the
primary user of the device hosting the remote desktop session accesses and uses
the Product/s with a remote access device. These remote desktop rights do not
permit you to use the Product/s on both the device hosting the remote desktop
session and the access device at the same time.
1.4 License Grant for remote after-sales services. You may permit any device to
access and use your licensed copy of the Product/s for the sole purpose of
providing you with technical support and after-sales services.
1.5 License Grant for Tools and Reference Data. The Product/s may include
certain tools, graphics and reference data that are identified in the Product/s
for your use.
• You may copy and modify
the Reference Data, and license, display and distribute them, along with your
modifications as part of your product/s products and services, including your
web sites, but you are not licensed to do any of the following:
• You may not sell, license or distribute copies of the Tools and Reference
Data by themselves or as part of any collection, product or service if the
primary value of the product or service is in the Tools and Reference Data.
• You may not grant customers of
your product or service any rights to license or distribute the Tools and
• You may not license or distribute
any of the Tools and Reference Data that include representations of
identifiable individuals, governments, logos, initials, emblems, trademarks, or
entities for any commercial purposes or to express or imply any endorsement or
association with any product, service, entity, or activity.
• You may not create fraudulent or false
works, as defined by federal law at the time the work is created, using the Tools
and Reference Data. In addition, you
must (a) indemnify and defend DataGroup from and against any claims or
lawsuits, including attorneys’ fees that arise from or result from the
licensing, use or distribution of Tools and Reference Data as modified by you,
and (b) include a valid copyright notice on your products and services that
include the Tools and Reference Data.
1.6 License Grant for Documentation. The documentation that accompanies the Product/s
is licensed for internal, non-commercial reference purposes only.
1.7 License Grant for Templates. The Product/s may include document/data
templates. You may copy and modify the document/data templates available as
part of the DataGroup product/s that accompanies this agreement and distribute
such templates along with your modifications for use by other licensees of the Product/s.
You also may copy, modify and distribute the templates available through
related Internet-based services along with your modifications for use by other
licensees of the Product/s, but only for personal or commercial correspondence
involving person-to-person communication. You are not licensed to do any of the
• You may not sell, resell, license, rent, lease, lend, or otherwise transfer
for value, the templates.
• You may not distribute the templates available via Internet-based services as
part of any product or service.
• You may not copy or post any templates available through Internet-based
services on any network computer or broadcast it in any media.
You must indemnify and defend DataGroup against any claims or lawsuits,
including attorneys’ fees, which arise from or result from the licensing or distribution
of the templates as modified by you.
2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
2.1 Mandatory Activation. THERE ARE TECHNOLOGICAL MEASURES IN THIS PRODUCT/S
THAT ARE DESIGNED TO PREVENT UNLICENSED USE OF THE PRODUCT/S.
You may not be able to exercise your rights to the Product/s under this agreement
after a finite number of product launches unless you activate your copy of the Product/s
in the manner described during the launch sequence. You may also need to
reactivate the Product/s if you modify your computer hardware or alter the Product/s.
DataGroup will use those measures to confirm you have a legally licensed copy
of the Product/s. If you are not using a licensed copy of the Product/s, you
are not allowed to install the Product/s or future Product/s updates. DataGroup
will not collect any personally identifiable information from your device
during this process.
2.2 Internet-Based Services. You may not use any DataGroup Internet-based
services associated with the Product/s in any manner that could damage,
disable, overburden, or impair such services or interfere with any other party’s
use and enjoyment of them. You may not attempt to gain unauthorized access to
any service, account, computer systems or networks associated with the Internet-based
2.3 Speech/Handwriting Recognition. If the Product/s includes speech and/or
handwriting recognition component(s), you should understand that speech and
handwriting recognition are inherently statistical processes; that recognition
errors are inherent in the processes; that it is your responsibility to provide
for the handling of such errors and to monitor the recognition processes and
correct any errors. Neither DataGroup nor its suppliers shall be liable for any
damages arising out of errors in the speech and handwriting recognition
2.4 Report-Writing Run-time Product/s Limitations. The Product/s may contain
report-writing run-time product/s. Other than use with the Product/s, you may
not use the Run-time Product/s with any other product/s application nor use the
Run-time Product/s as part of any process or system that is used to
automatically deliver, share or distribute documents or other work created
using the Run-time Product/s.
3. RESERVATION OF RIGHTS AND OWNERSHIP. DataGroup reserves all rights not
expressly granted to you in this agreement. The Product/s is protected by
copyright and other intellectual property laws and treaties. DataGroup or its
suppliers own the title, copyright, and other intellectual property rights in
the Product/s. The Product/s is licensed, not sold. This agreement does not
grant you any rights to trademarks or service marks of DataGroup.
4. LIMITATIONS ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may
not reverse engineer, decompile, or disassemble the Product/s, except and only
to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
5. NO RENTAL/COMMERCIAL HOSTING. You may not rent, lease, lend or provide
commercial hosting services with the Product/s.
6. CONSENT TO USE OF DATA. You agree
that DataGroup and its affiliates may collect and use technical information
gathered as part of the product support services provided to you, if any,
related to the Product/s. DataGroup may use this information solely to improve
our products or to provide customized services or technologies to you and will
not disclose this information in a form that personally identifies you.
7. LINKS TO THIRD PARTY SITES. DataGroup is not responsible for the contents of
any third-party sites or services, any links contained in third-party sites or
services, or any changes or updates to third-party sites or services. DataGroup
is providing these links and access to third-party sites and services to you
only as a convenience, and the inclusion of any link or access does not imply
an endorsement by DataGroup of the third-party site or service.
8. ADDITIONAL PRODUCT/S/SERVICES. This agreement applies to updates,
supplements, add-on components, or Internet-based services components, of the Product/s
that DataGroup may provide to you or make available to you after the date you
obtain your initial copy of the Product/s, unless they are accompanied by
separate terms. DataGroup reserves the right to discontinue Internet-based
services provided to you or made available to you through the use of the Product/s.
9. UPGRADES. To use Product/s identified as an upgrade, you must first be
licensed for the product/s identified by DataGroup as eligible for the upgrade.
After installing the upgrade, you may no longer use the original product/s that
formed the basis for your upgrade eligibility, except as part of the upgraded product/s.
10. NOT FOR RESALE. Product/s may not be sold or otherwise transferred for
value, or used for any purpose other than demonstration, test or evaluation.
11. ACADEMIC PRODUCT/S. To use Product/s identified for "Academic" use you must
be a Qualified User. For qualification-related questions, please contact the DataGroup.
12. EXPORT RESTRICTIONS. You acknowledge that the Product/s is subject to U.S. export
jurisdiction. You agree to comply with all applicable international and
national laws that apply to the Product/s, including the U.S. Export
Administration Regulations, as well as end-user, end-use, and destination
restrictions issued by U.S.
and other governments.
13. SEPARATION OF COMPONENTS. The Product/s is licensed as a single product.
Its component parts may not be separated for use on more than one device.
14. PRODUCT/S TRANSFER. Internal. You may transfer your copy of the Product/s
to a different device. After the transfer, you must completely remove the Product/s
from the former device. Transfer to Third Party. If you are the person who
initially licensed the Product/s, you may make a one-time permanent transfer of
this agreement, Product/s and Certificate of Authenticity (if applicable) to
another end user, provided that you do not retain any copies of the Product/s.
This transfer must include all of the Product/s (including all component parts,
the media and printed materials, any upgrades, this agreement, and, if
applicable, the Certificate of Authenticity) . The transfer may not be an
indirect transfer, such as a consignment. Prior to the transfer, the end user
receiving the Product/s must agree to all the agreement terms.
15. TERMINATION. Without prejudice to any other rights, DataGroup may terminate
this agreement if you fail to comply with the terms and conditions of this agreement.
In such event, you must destroy all copies of the Product/s and all of its
16. LIMITED WARRANTY FOR PRODUCT/S ACQUIRED IN THE US
DataGroup warrants that the Product/s will perform substantially in accordance
with the accompanying materials for a period of ninety (90) days from the date
of receipt. If an implied warranty or condition is created by your state/jurisdiction
and federal or state/provincial law prohibits disclaimer of it, you also have
an implied warranty or condition, BUT ONLY AS TO DEFECTS DISCOVERED DURING THE
PERIOD OF THIS LIMITED WARRANTY (NINETY DAYS). AS TO ANY DEFECTS DISCOVERED
AFTER THE NINETY DAY PERIOD, THERE IS NO WARRANTY OR CONDITION OF ANY KIND.
Some states/jurisdictions do not allow limitations on how long an implied
warranty or condition lasts, so the above limitation may not apply to you. Any
supplements or updates to the Product/s, including without limitation, any (if
any) services or fixes provided to you after the expiration of the ninety day
Limited Warranty period are not covered by any warranty or condition, express,
implied or statutory.
LIMITATION ON REMEDIES; NO
CONSEQUENTIAL OR OTHER DAMAGES. Your exclusive remedy for any breach of this
Limited Warranty is as set forth below. Except for any refund elected by DataGroup,
YOU ARE NOT ENTITLED TO ANY DAMAGES, INCLUDING BUT NOT LIMITED TO CONSEQUENTIAL
DAMAGES, if the Product/s does not meet DataGroup’s Limited Warranty, and, to
the maximum extent allowed by applicable law, even if any remedy fails of its
essential purpose. The terms of Section 18 ("Exclusion of Incidental,
Consequential and Certain Other Damages") are also incorporated into this
Limited Warranty. Some states/jurisdictions do not allow the exclusion or
limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This Limited Warranty gives you specific legal
rights. You may have other rights which vary from state/jurisdiction to
YOUR EXCLUSIVE REMEDY. DataGroup’s
and its suppliers’ entire liability and your exclusive remedy for any breach of
this Limited Warranty or for any other breach of this agreement or for any
other liability relating to the Product/s shall be, at DataGroup’s option from
time to time exercised subject to applicable law, (a) return of the amount paid
(if any) for the Product/s, or (b) repair or replacement of the Product/s, that
does not meet this Limited Warranty and that is returned to DataGroup with a
copy of your receipt. You will receive the remedy elected by DataGroup without
charge, except that you are responsible for any expenses you may incur (e.g.
cost of shipping the Product/s to DataGroup) . This Limited Warranty is void if
failure of the Product/s has resulted from accident, abuse, misapplication,
abnormal use or a virus. Any replacement Product/s will be warranted for the
remainder of the original warranty period or thirty (30) days, whichever is
longer, and DataGroup will use commercially reasonable efforts to provide your
remedy within a commercially reasonable time of your compliance with DataGroup’s
warranty remedy procedures. Outside the United
States or Canada,
neither these remedies nor any product support services offered by DataGroup
are available without proof of purchase from an authorized international
17. DISCLAIMER OF WARRANTIES. The
Limited Warranty that appears above is the only express warranty made to you
and is provided in lieu of any other express warranties or similar obligations
(if any) created by any advertising, documentation, packaging, or other
communications. Except for the Limited Warranty and to the maximum extent
permitted by applicable law, DataGroup and its suppliers provide the Product/s
and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim
all other warranties and conditions, whether express, implied or statutory,
including, but not limited to, any (if any) implied warranties, duties or
conditions of merchantability, of fitness for a particular purpose, of
reliability or availability, of accuracy or completeness of responses, of
results, of workmanlike effort, of lack of viruses, and of lack of negligence,
all with regard to the Product/s, and the provision of or failure to provide
support or other services, information, product/s, and related content through
the Product/s or otherwise arising out of the use of the Product/s. ALSO, THERE
IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION,
CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT/S.
18. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DATAGROUP OR ITS
SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY
DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED
TO THE USE OF OR INABILITY TO USE THE PRODUCT/S, THE PROVISION OF OR FAILURE TO
PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, PRODUCT/S, AND RELATED CONTENT
THROUGH THE PRODUCT/S OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT/S, OR
OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN
THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), MISREPRESENTATION, STRICT
LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF DATAGROUP OR ANY
SUPPLIER, AND EVEN IF DATAGROUP OR ANY SUPPLIER HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
19. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you
might incur for any reason whatsoever (including, without limitation, all
damages referenced herein and all direct or general damages in contract or
anything else), the entire liability of DataGroup and any of its suppliers
under any provision of this agreement and your exclusive remedy hereunder
(except for any remedy of repair or replacement elected by DataGroup with
respect to any breach of the Limited Warranty) shall be limited to the greater
of the actual damages you incur in reasonable reliance on the Product/s up to
the amount actually paid by you for the Product/s or US$5.00. The foregoing
limitations, exclusions and disclaimers (including Sections 16, 17 and 18)
shall apply to the maximum extent permitted by applicable law, even if any remedy
fails its essential purpose.
GOVERNMENT LICENSE RIGHTS. All Product/s provided to the U.S. Government
pursuant to solicitations issued on or after December 1, 1995 is provided with
the commercial license rights and restrictions described elsewhere herein. All Product/s
provided to the U.S. Government pursuant to solicitations issued prior to
December 1, 1995 is provided with "Restricted Rights" as provided for in FAR,
48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as
21. APPLICABLE LAW. If you acquired this Product/s in the United States, this agreement is governed by the
laws of the State of Delaware.
If you acquired this Product/s in Canada,
unless expressly prohibited by local law, this agreement is governed by the
laws in force in the Province of Ontario, Canada; and, in respect of any
dispute which may arise hereunder, you consent to the jurisdiction of the
federal and provincial courts sitting in Toronto,
Ontario. If you acquired this Product/s
in the European Union, Iceland,
Norway, or Switzerland,
then local law applies. If you acquired this Product/s in any other country,
then local law may apply.
22. ENTIRE AGREEMENT; SEVERABILITY. This agreement (including any addendum or
amendment to this agreement which is included with the Product/s) is the entire
agreement between you and DataGroup relating to the Product/s and the support
services (if any) and they supersede all prior or contemporaneous oral or
written communications, proposals and representations with respect to the Product/s
or any other subject matter covered by this agreement. To the extent the terms
of any DataGroup policies or programs for support services conflict with the
terms of this agreement, the terms of this agreement shall control. If any
provision of this agreement is held to be void, invalid, unenforceable or
illegal, the other provisions shall continue in full force and effect.
The following DATAGROUP GUARANTEE applies to you if you acquired this Product/s
in any other country:
Statutory rights are not affected. The
following guarantee is not restricted to any territory and does not affect any
statutory rights that you may have from your reseller or from DataGroup if you
acquired the Product/s directly from DataGroup. If you acquired the Product/s
or any support services in Australia,
New Zealand or Malaysia,
please see the "Consumer rights" section below.
The guarantee: The Product/s is designed and offered as a general- purpose product/s,
not for any user’s particular purpose. You accept that no Product/s is error
free and you are strongly advised to backup any interactive files regularly.
Provided that you have a valid license, DataGroup guarantees that a) for a
period of 90 days from the date of receipt of your license to use the Product/s
or the shortest period permitted by applicable law it will perform
substantially in accordance with the written materials that accompany the Product/s;
and b) any support services provided by DataGroup shall be substantially as
described in applicable written materials provided to you by DataGroup and DataGroup
support engineers will use reasonable efforts, care and skill to solve any
problem issues. In the event that the Product/s fails to comply with this
guarantee, DataGroup will either (a) repair or replace the Product/s or (b)
return the price you paid. This guarantee is void if failure of the Product/s
results from accident, abuse or misapplication. Any replacement Product/s will
be guaranteed for the remainder of the original guarantee period or 30 days,
whichever period is longer. You agree that the above guarantee is your sole
guarantee in relation to the Product/s and any support services.
Exclusion of All Other Terms: To the maximum extent permitted by applicable law
and subject to the guarantee above, DataGroup disclaims all warranties,
conditions and other terms, either express or implied (whether by statute,
common law, collaterally or otherwise) including but not limited to implied
warranties of satisfactory quality and fitness for particular purpose with
respect to the Product/s and the written materials that accompany the Product/s.
Any implied warranties that cannot be excluded are limited to 90 days or to the
shortest period permitted by applicable law, whichever is greater.
Limitation of Liability: To the maximum extent permitted by applicable law and
except as provided in the DataGroup Guarantee, DataGroup and its suppliers
shall not be liable for any damages whatsoever (including without limitation,
damages for loss of business profits, business interruption, loss of business
information or other pecuniary loss) arising out of the use or inability to use
the Product/s, even if DataGroup has been advised of the possibility of such
damages. In any case DataGroup’s entire liability under any provision of this
Agreement shall be limited to the amount actually paid by you for the Product/s.
These limitations do not apply to any liabilities that cannot be excluded or
limited by applicable laws.
Consumer rights: Consumers in
Australia, New Zealand or Malaysia may have the benefit of certain rights and
remedies by reason of the Trade Practices Act and similar state and territory
laws in Australia, the Consumer Guarantees Act in New Zealand and the Consumer
Protection Act in Malaysia in respect of which liability cannot lawfully be
modified or excluded. If you acquired the Product/s in New Zealand for
the purposes of a business, you confirm that the Consumer Guarantees Act does
not apply. If you acquired the Product/s in Australia and if DataGroup breaches
a condition or warranty implied under any law which cannot lawfully be modified
or excluded by this agreement then, to the extent permitted by law, DataGroup's
liability is limited, at DataGroup's option, to: (i) in the case of the Product/s:
a) repairing or replacing the Product/s; or b) the cost of such repair or
replacement; and (ii) in the case of support services: a) re-supply of the
services; or b) the cost of having the services supplied again.