DataSmarter End User License Agreement
Version: 1.0 (Last Modified: June 2015)
CONDITIONS OF USE
You agree and continue to agree to use our software in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines below.
If you do not agree to the terms and conditions of this Agreement do not use or install DataSmarter templates, tools and add-ins (hereinafter: ‘SOFTWARE TOOL(S)‘):
SOFTWARE TOOL(S) VERSIONS; EVALUATION AND REGISTRATION
The SOFTWARE TOOL(S) exists in two versions: a Free Version and a Paid Version. Subject to the terms of this agreement, you are hereby licensed to use the Paid Version of the SOFTWARE TOOL(S) for evaluation purposes without charge for a maximum of 60 days or for a limited number of uses (depending of the nature of the SOFTWARE TOOL(S)).
To avoid the use of obsolete SOFTWARE TOOL(S) each unregistered version will display an update notice 6 months and expires 9 months after its release. This does not apply to the registered version which will not expire. For a full-featured, unrestricted version, a registration fee is required. Upon payment you will be sent an email that will provide a License key to unlock the SOFTWARE TOOL(S) or you will be sent an email with a download link where you can download the SOFTWARE TOOL(S).
One copy of the registered version of the SOFTWARE TOOL(S) may either be used by a single person who uses the SOFTWARE TOOL(S) personally on up to 2 computers, or installed on a single computer such as a workstation, terminal or other device (hereinafter ‘WORKSTATIONS’) used non simultaneously by multiple people, but not both.
The License is effective until terminated. You may terminate this License at any time by permanently removing the SOFTWARE TOOL(S) from all WORKSTATIONS together with any copies you may have. This Agreement, including the license to use the SOFTWARE TOOL(S), will terminate automatically if you fail to comply with any term or condition of this Agreement. In that case all your license keys for the SOFTWARE TOOL(S) will be revoked. In case of termination for whatever reason no refunds are given.
The license is strictly personal and may only be transferred to another party after written notification and consent of DataSmarter.
This SOFTWARE TOOL(S) is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. This License is not a sale of the SOFTWARE TOOL(S). DataSmarter retains all rights, interest, title in and ownership of the SOFTWARE TOOL(S) and documentation, including all intellectual property rights. No title to the intellectual property in the SOFTWARE TOOL(S) is transferred to you. You will not acquire rights to the SOFTWARE TOOL(S) except as expressly set forth above.
NO REVERSE ENGINEERING AND OTHER RESTRICTIONS
You agree that you will not (and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to) reverse engineer, disassemble, (de)compile, modify, translate, investigate or otherwise study the SOFTWARE TOOL(S) in whole or in part.
The SOFTWARE TOOL(S) is licensed as a single product. Therefore its components may not be separated in any possible way.
You may copy the SOFTWARE TOOL(S) for backup and archival purposes, provided that the copy you acquired as well as the copies you made are kept in your possession and that your installation and use of the SOFTWARE TOOL(S) does not exceed your license.
COMPLIANCE WITH LAWS AND INDEMNIFICATION
You agree to use the SOFTWARE TOOL(S) in a manner that applies to all applicable laws in the jurisdiction in which you use the SOFTWARE TOOL(S), including all intellectual property laws. You may not use the SOFTWARE TOOL(S) in conjunction with any device 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. You agree to indemnify, defend, and hold harmless DataSmarter against losses, damages, expenses, (including reasonable attorneys’ fees), fines, or claims arising from or relating to any claim that the SOFTWARE TOOL(S) was used by you to violate, either directly or indirectly, another party’s intellectual property rights.
DataSmarter does not warrant that the SOFTWARE TOOL(S) is fault tolerant or error free. You expressly acknowledge that the SOFTWARE TOOL(S) and documentation are provided “as is“. DataSmarter disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose and noninfringement of third party rights with respect to the SOFTWARE TOOL(S) or the accompanying documentation. Should the SOFTWARE TOOL(S) prove defective, you (and not DataSmarter) assume the entire cost of all necessary servicing, repair or correction.
LIMITATION OF LIABILITY
In no event shall DataSmarter be liable to you for any consequential, special, incidental or indirect damages of any kind arising out of the use of the SOFTWARE TOOL(S), even if DataSmarter has been advised of the possibility of such damages. DataSmarter’s liability for any claim, losses, damages or injury, whether caused by breach of contract, tort or any other theory of liability, shall not exceed the purchase price of the product. Some jurisdictions do not allow the exclusion of implied warranties or incidental or consequential damages, so the above limitation or exclusions may not apply to you.
Before purchasing SOFTWARE TOOL(S) from DataSmarter, you have the possibility to (and you are strongly encouraged to) test the Trial/Demo Version of the SOFTWARE TOOL(S). By purchasing the SOFTWARE TOOL(S) you agree to use it “as is”.
For that reason, refunds will only be given, in exceptional cases, at the discretion of the Management of DataSmarter.
In the event you encounter a problem with the product, contact us for assistance.
DataSmarter reserves the right to charge an upgrade fee in the case of major new enhancements or additions to the SOFTWARE TOOL(S). You can then, at your option, upgrade to the latest version or continue to use the existing (older) version (presuming you have a Paid Version).
The Paid Version of the SOFTWARE TOOL(S) and its license key cannot be redistributed. The license key is confidential and cannot be shared.
GOVERNING LAW AND ARBITRATION
This Agreement will be governed by the laws of Belgium and will be interpreted as if the agreement were made between Belgian residents and performed entirely within Belgium. All disputes under this Agreement or involving use of the Product shall be subject to binding arbitration in court of law in Brussels (Belgium). Notwithstanding anything contained in this Paragraph to the contrary, DataSmarter shall have the right to institute judicial proceedings against you or anyone acting by, through, or under you, in order to enforce DataSmarter‘s rights hereunder through reformation of contract, specific performance, injunction or similar equitable relief.