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  END USER LICENSE AGREEMENT (EULA) FOR TDN SOFTWARE

Trade Development Network License Agreement - 24 November 2006

IMPORTANT-READ CAREFULLY

Be sure to carefully read and understand all of the rights and restrictions described in this End-User License Agreement ("EULA"). Use of this product constitutes your acceptance of these terms and conditions and your agreement to abide by them.

This EULA is a legal agreement between you (either an individual or a single entity) and TDN for the software accompanying this EULA, which includes the accompanying computer software, and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). By installing 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.

SOFTWARE PRODUCT LICENSE

The SOFTWARE is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE is licensed, not sold.


1. GRANT OF LICENSE

Each individual user, company, agency or institution that uses this SOFTWARE have to pay the license, one per each computer on which the program is used.

Licensed user will receive unique identification number (user code) which will be embedded in each protected program together with user personal data (First name and Last name or Company name).

This EULA grants you the following rights:

  • - You may install, use, access, display, run, or otherwise interact with ("RUN") one copy of the SOFTWARE, on a single computer, workstation, terminal, handheld PC, smart phone or other digital electronic device ("COMPUTER").
  • - You may use the SOFTWARE to protect and distribute an unlimited number of your Documents.
  • - Reservation of Rights: All rights not expressly granted are reserved by TDN.

2. RESTRICTIONS

  • - You must maintain all copyright notices on all copies of the SOFTWARE.
  • - Limitations of Reverse Engineering, Decompilation and Disassembly. You may not reverse engineer, decompile, or disassemble the SOFTWARE.
  • - Rental. You may not rent or lease or lend the SOFTWARE.
  • - Software Transfer to another party. You may permanently transfer all of your rights under this EULA one time, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades, this EULA and, if applicable, the Certificate of Authenticity) and the recipient agrees to the terms of this EULA. Please note that software will still hold original license owner (your) information. New license will be required in case new license owner requires this information to be changed.
  • - Support Services. TDN may provide you with support services related to the SOFTWARE ("Support Services"), in its discretion. Use of Support Services, if any, is governed by the TDN policies and programs described in the user manual, in "online" documentation, and/or other TDN-provided materials. Any supplemental software code provided to you as a part of Support Services shall be considered part of the SOFTWARE and subject to the terms of this EULA. With respect to technical information you provide to TDN as part of the Support Services, TDN may use such information for its business purposes, including for product support and development. TDN will not utilize such technical information in a form that personally identifies you except to the extent necessary to provide you with support.
  • - Replacement, Modification and Upgrade of the Software. TDN reserves the right to replace, modify or upgrade the SOFTWARE at any time by offering you a replacement or modified version of the SOFTWARE or such upgrade and to charge for such replacement, modification or upgrade. Software replacements, modifications and upgrades are governed by the TDN policies and programs described in the user manual, in "online" documentation, and/or other TDN-provided materials. Any such replacement or modified software code or upgrade to the SOFTWARE offered to you by TDN shall be considered part of the SOFTWARE and subject to the terms of this EULA (unless this EULA is superseded by a further EULA accompanying such replacement or modified version of or upgrade to the SOFTWARE). In the event that TDN offers a replacement or modified version of or any upgrade to the SOFTWARE, (a) your continued use of the SOFTWARE is conditioned on your acceptance of such replacement or modified version of or upgrade to the SOFTWARE and any accompanying superceding EULA and (b) in the case of the replacement or modified SOFTWARE, your use of all prior versions of the SOFTWARE is terminated.
  • - Trial (DEMO) version: You may use DEMO version of SOFTWARE for evaluation purposes for 7 days. No files protected with SOFTWARE during this period may be distributed to other users, commercially or non-commercially. After this evaluation period you must either subscribe for a licensed copy of SOFTWARE or stop using DEMO version.

3. MANDATORY ACTIVATION & DIGITAL RIGHTS MANAGEMENT.

Activation associates the use of the software with a specific device. During activation, the software will send information about the software and the device to TDN. This information includes the version, language and product key of the software, the Internet protocol address of the device, and information derived from the hardware configuration of the device. By using the software, you consent to the transmission of this information. Before you activate, you have the right to use the version of the software installed during the installation process. Your right to use the software after the time specified in the installation process is limited unless it is activated. This is to prevent its unlicensed use. You will not be able to continue using the software after that time if you do not activate it. If the device is connected to the Internet, the software may automatically connect to TDN for activation. You can also activate the software manually by Internet or telephone. Ifyou do so, Internet and telephone service charges may apply. Some changes to your computer components or the software may require you to reactivate the software. The software will remind you to activate it until you do.

4. VALIDATION.

  • The software will from time to time validate the software, update or require download of the
    validation feature of the software. Validation verifies that the software has been activated and
    is properly licensed. Validation also permits you to use certain features of the software or to
    obtain additional benefits.
  • During a validation check, the software will send information about the software and the device
    to TDN. This information includes the version and product key of the software, and the
    Internet protocol address of the device. TDN does not use the information to identify or
    contact you. By using the software, you consent to the transmission of this information.
  • If, after a validation check, the software is found not to be properly licensed, the functionality of the software may be affected. For example, you may
  • - need to reactivate the software, or
    - receive reminders to obtain a properly licensed copy of the software,
    or you may not be able to
    - use or continue to use some of the features of the software, or
    - obtain certain updates or upgrades from TDN.
  • You may only obtain updates or upgrades for the software from TDN or authorized sources.

5. TERMINATION

Without prejudice to any other rights, TDN may terminate this EULA if you fail to comply with the terms and conditions of this EULA. TDN may terminate this EULA by offering you a superceding EULA for the SOFTWARE or any replacement or modified version of or upgrade to the SOFTWARE and conditioning your continued use of the SOFTWARE or such replacement, modified or upgraded version on your acceptance of such superceding EULA. In addition, TDN may terminate this EULA by notifying you that your continued use of the SOFTWARE is prohibited. In the event that TDN terminates this EULA, you must immediately stop using the SOFTWARE and destroy all copies of the SOFTWARE and all of its component parts.

6. COPYRIGHT

All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by the respective content owner. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. If this SOFTWARE contains documentation which is provided only in electronic form, you may print a copy of such electronic documentation for your personal use. You may not copy the printed materials accompanying the SOFTWARE.

7. DISCLAIMER OF WARRANTIES

TDN AND ITS SUPPLIERS PROVIDE THE SOFTWARE "AS IS" AND WITH ALL FAULTS, AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY (IF ANY) IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF LACK OF VIRUSES, AND OF LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, OF QUIET ENJOYMENT, OR OF NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE IS WITH YOU.

8. EXCLUSION OF ALL DAMAGES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TDN OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY INJURY TO PERSON OR PROPERTY, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, FOR LOSS OF PRIVACY FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TDN OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES SHALL BE EFFECTIVE EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

9. LIMITATION AND RELEASE OF LIABILITY

To the full extent allowed by law, YOU HEREBY RELEASE TDN AND ITS SUPPLIERS FROM ANY AND ALL LIABILITY ARISING FROM OR RELATED TO ALL CLAIMS CONCERNING THE SOFTWARE OR ITS USE. If you do not wish to accept the SOFTWARE under the terms of this EULA, do not install the SOFTWARE.

10. QUESTIONS

Should you have any questions, or if you desire to contact TDN for any reason, please contact us online at http://www.tradev.net

Copyright and Trademark Notices:

The Software is Copyright © Trade Development Network 2006-2012. All rights reserved. The documentation and all computer files are also Copyright (c) Trade Development Network. 2006-2015. All rights reserved. These rights include but are not limited to any foreign language translations of the manual or the software, and all derivative works of both. The trademark TradeDoX 360 is the property of Trade Development Network. All other trademarks are the property of their respective owners.
 
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