SUMMARY OF KEY TERMS
You may use this program only for up to the maximum number of handheld computers covered by the license package you have purchased. If you purchased a handheld computer product that included this program as part of a bundle, the use of this program is limited solely to that specific handheld computer.
This program is owned by DataViz, Inc. (and its licensors), and is protected by U.S. and international copyright laws. All references to "this program" or "this product" include all products or code included in the program and owned by DataViz’ third party licensors. No copying is permitted, except for one (1) back-up copy. No transfer, distribution, modification or translation of this program, electronic or otherwise, is permitted without DataViz' written permission. Violation of copyright is a serious offense, punishable by monetary penalties and possible imprisonment.
DataViz makes no warranties regarding this product, except as to replacement of defective disks (if any) supplied by DataViz. All warranties, including merchantability or fitness for a particular purpose are specifically disclaimed to the fullest extent allowed by law.
IMPORTANT - Read the full license terms and conditions below before installing. This License provides you with limited rights to use the software, conditioned upon your continued compliance with these terms and conditions. Installation of this software will constitute your acceptance of these terms and conditions.
If you have purchased a single license, you may use this program only for a single handheld computer. If you purchased a handheld computer product that included this program as part of a bundle, the use of this program is limited solely to that specific handheld computer. If you have purchased a multiple-license package, you may use this program only for up to the maximum number of handheld computers covered by your license package. You can verify the size of your license package at any time, after you register with DataViz at www.dataviz.com as a user of this program, by contacting DataViz here.
Except for installation and maintenance of this program by you for your own authorized use for up to the maximum number of handheld computers covered by the license package you have purchased, you may not electronically transfer, transmit or provide access to the program from one computer to another over a network, the Internet or any other means, including without limitation making the program, its features or results, available through an application service provider or the like. You may not distribute, sublicense or make available copies of the program or related documentation to others in any form, electronic or otherwise. You may not modify or translate the program or related documentation without the prior written consent of DataViz. You may make one (1) copy of the program solely for back-up purposes. You may not use, copy, modify, or transfer the program or documentation, or any copy except as expressly provided in this license agreement. This program is owned by DataViz, Inc. and its licensors, and is protected by U.S. and international copyright laws. Violation of copyright is a serious offense, punishable by monetary penalties and possible imprisonment.
You may not use the program for any unlawful purpose, including infringement of the copyrights or other proprietary rights of others, or in any illegal manner or for creation or distribution of illegal content. You agree to indemnify DataViz and its licensors for any and all claims arising from any violation by you of the terms of this End-User License.
EXCLUSION OF WARRANTY
This program is provided "as is" without warranty of any kind, either express or implied, including but not limited to any implied warranty of merchantability, non-infringement or fitness for a particular purpose, all of which are specifically disclaimed, to the maximum extent permitted by law. The entire risk as to the results and performance of the program is assumed by you. Should the program prove defective, you (and not DataViz or its licensors, suppliers, distributors or dealers) assume the entire cost of all necessary servicing, repair or correction.
Neither DataViz nor its licensors, suppliers, distributors or dealers warrant that the functions contained in the program will meet your requirements or that the operation of the program will be uninterrupted or error free.
If the program has been licensed to you on a CD, DataViz warrants to you, the original licensee, that the CD on which the program is recorded will be free from defects in materials and workmanship under normal use and service for a period of ninety (90) days from the date of delivery as evidenced by a copy of your receipt. The above express warranty is specifically limited to its terms, and to the extent inconsistent with any disclaimer of warranty contained herein, is not intended to otherwise limit such disclaimer. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
Neither DataViz nor its licensors, suppliers, distributors or dealers or anyone else who has been involved in the creation, production, or delivery of this program shall be liable for any direct, indirect, consequential or incidental damages, lost profits, business interruption or loss of information arising out of the use, the results of use, or inability to use such program, or damage of loss caused by the program, even if advised of the possibility of such damages or claim. Some states do not allow the exclusion or limitation of liability for consequential or incidental damages so the above limitation may not apply to you.
To the maximum extent permitted by law, DataViz' entire liability and your exclusive remedy in the event of a breach of DataViz' obligations is limited to a refund of any license fee you actually paid to DataViz for this program.
In addition to the limitations and exclusions set out above, and to the maximum extent permitted by law, in no event shall any licensor. Distributor, supplier, or dealer of DataViz have any liability arising from or related to this agreement.
The End-User License is effective until terminated. You may terminate an End-User License by destroying the program and documentation and all copies thereof. The End-User License is conditioned upon your continued compliance with this Agreement and will terminate automatically and irrevocably if you fail to comply with any term or condition of this Agreement. Subscription, trial or evaluation licenses terminate automatically at the end of the subscription, trial or evaluation period. Upon any termination you agree to destroy all copies of the program and documentation in your possession or control.
EXPORT LAWS, GOVERNMENT USERS
You agree and certify that neither the software nor any other technical data received from DataViz, nor the direct product thereof, will be exported outside the United States (i) into any country (or to a national or resident of any such country) as to which the U.S. has embargoed goods, (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (iii) otherwise in violation of or as prohibited by the laws, rules, regulations or administrative orders of the United States, or any unit, agency or department thereof. By opening or downloading the software, you are agreeing to the foregoing and are representing and warranting that you are not located in, under the control of, or a national or resident of any such country, on any such list or order, or subject to any such prohibition.
Use, duplication or disclosure by the United States Government (or any unit, agency or department thereof), is subject to the following provisions, which, to the extent applicable, are incorporated by reference herein as if set forth in their entirety: (i) FAR 52.227.19(a) through (d); (ii) in the case of the Department of Defense, DFAR 227.7202.1 through 227.7202-4; (iii) in the case of NASA, the NASA Supplement to the FAR at 18-52.227-86(d); and (iv) all other Federal laws and regulations that protect Licensor's rights in privately developed software. Contractor/manufacturer is DataViz, Inc., Merritt Corporate Woods, 612 Wheelers Farms Rd., Milford, CT, 06461.
This Agreement shall be governed by the laws of the State of Connecticut without regard to principles of conflicts of laws and shall inure to the benefit of DataViz, its successors and assigns (including without limitation, its licensors as third party beneficiaries hereunder). Any disputes relating hereto shall be adjudicated in the state or federal courts in the State of Connecticut, and you hereby consent to the exclusive jurisdiction of said courts for any such disputes. If for any reason a court of competent jurisdiction finds any provision of this License Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. DataViz licensors, distributors, suppliers, and dealers are intended third party beneficiaries for the purpose of the Sections of this Agreement entitled, “Exclusion of Warranty”.
DataViz shall have the right, upon reasonable prior notice and during regular business hours, to audit/inspect any computer network on which this program is installed to monitor compliance with the terms of this agreement. Including but not limited to confirming the number of computers on which the program is used. You are responsible for assuring compliance with the terms of this Agreement by any persons you authorize to use this program, including but not limited to your employees (if any), and for any violations of the terms hereof by any party.
You acknowledge that you have read this agreement, understand it, and agree to be bound by its TERMS AND CONDITIONS. You further agree that this is the complete and exclusive agreement between the parties.