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END-USER LICENSE AGREEMENT FOR 30-DAY EVALUATION OF DATABASE AND USER SOFTWARE
(Trial Database End-User License)
[Updated: 2006-04-10]
PLEASE READ THIS TRIAL DATABASE END-USER LICENSE AGREEMENT (“EULA”) CAREFULLY. BY INSTALLING
OR USING THE DATABASE AND USER SOFTWARE (COLLECTIVELY, “SOFTWARE”) THAT ACCOMPANIES THIS
EULA, YOU AGREE TO THE TERMS OF THIS EULA. IF YOU DO NOT AGREE, DO NOT USE THE SOFTWARE AND, IF
APPLICABLE, RETURN IT TO THE PLACE FROM WHICH IT WAS OBTAINED.
THE SOFTWARE CONTAINS FUNCTIONALITY THAT IS TIME-SENSITIVE AND DESIGNED TO CEASE FUNCTIONING
WITHOUT NOTICE AFTER A CERTAIN PERIOD SPECIFIED HEREIN.
1 GENERAL. This EULA is a legal agreement between you (either an individual or a juridical person, hereinafter referred to as “Licensee”,
“you”, “your” or “yours”) and SNIP REGISTER, INC. (“Licensor”). This EULA governs the Software and all of its parts, components, as
described herein. This EULA applies to all updates, supplements, and add-on components of the Software, as well as Internet-based services
(if any), that Licensor may provide or make available to you with respect to the Software unless Licensor provides other terms with the
update, supplement, add-on component, or Internet-based services component. Licensor is not obligated to provide maintenance, technical or
other support, or updates to you for the Software. In no event shall Licensor be obligated to provide you, free of charge, a copy of the nonevaluation version of the Software in connection with your evaluation. Licensor reserves the right to discontinue any services provided to
you or made available to you through the use of the Software. This EULA also governs any product support services relating to the Software
except as may be included in another agreement between you and Licensor. An amendment or addendum to this EULA may accompany the
Software. The Software may contain the following:
•
“Database”, which is a publication in the form of a computer database consisting of a computerized set of data (“Data”), which are
the letters and symbols contained in the Database in digital form;
•
“Electronic key”(also known as the "HASP Terminator” or “Dongle”), which is a time-sensitive hardware device used for the
purpose of the Database access control;
•
“User Software”, which is a computer program that allows a single personal computer, workstation, terminal, handheld computer,
or other electronic device (“User Device”) to access or use the Database; and
•
Any associated media and on-line, electronic, and printed documentation.
2 GRANT OF LICENSE
2.1 License. Licensor grants you the following rights, conditioned on your compliance with all the terms and conditions of this
EULA:
2.1.1 Database. Solely for purposes of demonstration, testing, examination, and evaluation, you may install, use, access,
display, and run one (1) copy of the Database on a single User Device or a single electronic computing or storage device (“Server”) that
provides services, resources, and/or data to User Devices connected thereto via the Internal Electronic Network environment. The term
“Internal Electronic Network” is defined as a dedicated local computer network (“LAN”) other than a public network such as the Internet.
2.1.2 User Software. Solely for purposes of demonstration, internal testing, examination, and evaluation, you may
install, use, access, display, and run the User Software on any User Device solely to access or use the Database.
2.2 Limited License. YOUR RIGHT TO USE THE SOFTWARE IS EFFECTIVE FROM THE DATE YOU FIRST INSTALL
THE SOFTWARE UNTIL THE EXPIRATION OF ONE OF THE FOLLOWING, WHICHEVER OCCURS FIRST: (i) A PERIOD OF
THIRTY (30) DAYS OR (ii) A TIME PERIOD PROGRAMMED INTO THE ELECTRONIC KEY. THE SOFTWARE WILL STOP
FUNCTIONING WITHOUT NOTICE UPON EXPIRATION OF THE ELECTRONIC KEY. UNDER NO CIRCUMSTANCES SHALL
LICENSEE CONTINUE USING THE SOFTWARE FOR A PERIOD EXCEEDING THIRTY (30) DAYS AFTER THE INSTALLATION
THEREOF SHOULD THE TIME-LIMITING MECHANISM OF THE ELECTRONIC KEY FAILS AS A RESULT OF MALFUNCTION
OR ANY ATTEMPT TO DISABLE, CIRCUMVENT, OR BYPASS THE ELECTRONIC KEY.
3 DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
3.1 Not for Production Use. You may not demonstrate, test, examine, evaluate, or otherwise use the Software in a live operating
environment where access to up-to-date information is of essence.
3.2 Other Licenses. The terms and conditions of this EULA shall for a period of thirty (30) days from the date you first install the
Software supersede the corresponding provisions of other license agreements that may accompany the Software. Please consult the license
agreements accompanying the Software (if any).
3.3 Data. This EULA gives you limited rights to conduct searches and retrieve Data contained in the Database. Any Data retrieved
from the Database may be used solely for Software evaluation purposes and may not be accessed or used for any other purpose. You are not
permitted to make electronic copies and/or computer printouts of any set of Data retrieved from the Database.
3.4 Reservation of Rights and Other Restrictions. The Software is protected by copyright and other intellectual property laws
and treaties. Licensor or its suppliers own the title, copyright, and other intellectual property rights in the Software. The Software is
licensed, not sold. Licensor reserves all rights not expressly granted to you in this EULA. Reverse engineering, decompiling, or
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disassembling the Software is prohibited, except and only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation. Renting, leasing, or lending the Software, including providing information services, is strictly prohibited.
4 PRODUCT SUPPORT SERVICES. Licensor may provide you with product support services related to the Software. Use of any such
support services is governed by the Licensor policies and programs described in the user manual, in on-line documentation, on Licensor’s
support webpage, or in other Licensor-provided materials. This EULA does not obligate Licensor to provide any support services or to
support any software provided as part of those services.
5 ACCEPTANCE AND COST OF TESTING. The Software is deemed accepted by you “as is”. There is no charge to you for evaluation
of the Software. Licensor will, however, charge you for shipping and handling expenses relating to shipment of the Software to your place of
business. In addition, you may be required to make a refundable deposit of USD50.00 for the Electronic Key. At the end of the trial period,
Licensor will refund USD50.00 if you return the Electronic Key within sixty (60) days after the end of the trial period. The Electronic Key
must be returned using insured postal or courier service. No refund will be offered for damaged, stolen, or lost keys. You will also be
responsible for paying the return shipping expenses.
6 SOFTWARE TRANSFER
6.1 Internal transfer. You may move the Database to a different User Device or Server as long as you permanently remove the
Database from the initial User Device or Server.
6.2 Transfer to Third Party. You may not transfer the Software or this EULA to any third party.
7 TERMINATION. Without prejudice to any other rights, Licensor may terminate this EULA if you are not in compliance with all the
terms and conditions of this EULA. In such event, you must (i) destroy all copies of the Software and all of its component parts, including
any Data retrieved from the Database, and (ii) return the Electronic Key to the Licensor.
8 DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR AND ITS
SUPPLIERS PROVIDE THE SOFTWARE 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 SOFTWARE AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES,
INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE SOFTWARE OR OTHERWISE ARISING OUT OF THE
USE OF THE SOFTWARE. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT WITH REGARD TO THE SOFTWARE.
9 EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR, ITS PARTNERS, 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 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 SOFTWARE, THE PROVISION OF OR
FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH
THE SOFTWARE OR OTHERWISE ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN
CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING
NEGLIGENCE), MISREPRESENTATION, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF
LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
10 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 LICENSOR AND ANY
OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY HEREUNDER SHALL BE
LIMITED TO THE GREATER OF THE ACTUAL DAMAGES YOU INCUR IN REASONABLE RELIANCE ON THE SOFTWARE UP
TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE OR USD10.00. THE FOREGOING LIMITATIONS,
EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF
ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11 APPLICABLE LAW. If you acquired this Software in the United States, this EULA is governed by the laws of the State of Illinois If
you acquired this Software in any other country, then local law may apply.
12 ENTIRE AGREEMENT; SEVERABILITY. This EULA, including any addendum or amendment to this EULA which is included
with the Software, is the entire agreement between you and Licensor relating to the Software and the support services (if any) and it
supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the Software or any
other subject matter covered by this EULA. To the extent the terms of any Licensor policies or programs for support services conflict with
the terms of this EULA, the terms of this EULA shall control. If any provision of this EULA is held to be void, invalid, unenforceable, or
illegal, the other provisions shall continue in full force and effect.
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