DATA PRODUCTS LICENSE AGREEMENT
DEVELOPER/DISTRIBUTION LICENSE
License Agreement
Please read this database product Distribution License before duplicating our database product. You and your organization, as the Licensee, indicate your acceptance of the Terms and Conditions of this license by duplicating and distribution within your organization and/or to third parties derivative works containing our database product in whole or in part. If you do not agree to the terms of this Distribution License Agreement, you are not permitted to duplicate our database product for distribution within your organization and/or to third parties, and you must immediately notify Quentin Sager Consulting, Inc. through its website www.datanetworksource.com for a refund of the Distribution License purchase price subject to the Terms and Conditions set forth in our Return Policy.
Grant of License
Quentin Sager Consulting grants Licensee the following non-exclusive, worldwide rights with respect to our database product. Licensee may: (a) use our database product in accordance with the terms of this Distribution License; (b) make multiple copies of our database product for backup or archival purposes; (c) install our database product at multiple locations and/or on multiple computers or workstations within Licensee's organization. Our database product may be installed on multiple network servers, in whole or in part, or as part of a derivative work, and may be used simultaneously by an unlimited number of users within Licensee's organization. (d) incorporate our database product, in whole or in part, as a value added component into a derivative work, for commercial distribution outside of Licensee's organization; and (e) make and sell multiple copies of the derivative work containing our incorporated database product.
Restrictions
Licensee may NOT: (a) use, copy, or distribute our database product except as provided in this Distribution License; (b) modify, adapt, or translate our database product in whole or in part, except as provided in this Distribution License; (c) copy and/or distribute our database product in whole or in part, soley as a data only product or as a database file containing nothing other than raw data; or (d) freely expose our database product in whole or in part, to the public at large.
Distribution
Permission to distribute our database product, in whole or in part, as part of a derivative work, within Licensee's organization, is specifically granted by this Distribution License.
Permission to distribute our database product, in whole or in part, as part of a derivative work, outside of Licensee's organization, is specifically granted by this Distribution License.
Derivative Works
Permission to prepare derivative works, incorporating our database product in whole or in part, for use within Licensee's organization, is granted to Licensee. Such derivative works may be distributed within Licensee's organization and/or used simultaneously by an unlimited number of users within Licensee's organization.
Permission to prepare derivative works, incorporating our database product in whole or in part is granted to Licensee. Such derivative works may be distributed commercially or privately outside of the Licensee's organization.
Term
The term of this Distribution License shall be perpetual from the date of the invoice for our database product issued to Licensee by Quentin Sager Consulting, Inc. through its website www.datanetworksource.com. All provisions of this Distribution License apply to all versions of our database product delivered to Licensee by Quentin Sager Consulting under the terms of the attached database product Workstation or Distribution Licensee by Quentin Sager Consulting.
Version Updates
This Distribution License entitles Licensee to duplicate the one version ("Current Version") of our database product which is available from Quentin Sager Consulting on the date of the invoice issued to Licensee by Quentin Sager Consulting. However, if Licensee has paid for a quarterly update for our database product, Licensee is entitled to receive the Current Version, plus the next three (3) quarterly version updates of our database product.
Ownership & Copyright
Title, ownership rights and intellectual property rights in and to our database product and all copies thereof shall remain with Quentin Sager Consulting and/or its licensors. Our database product is copyrighted and protected by United States copyright laws and international treaty provisions. Licensee agrees: (a) not to remove any copyright notice from our database product; (b) to reproduce all such notices on any authorized copies Licensee makes; and (c) to use best efforts to prevent any unauthorized copying of our database product.
Our database product, in its various forms, is a compilation of information gathered by Quentin Sager Consulting. Our database product contains a large body of information that is public knowledge, but at the same time it represents a substantial creative compilation effort. Accordingly, it enjoys the same copyright protection as other reference works, such as dictionaries, that contain compilation effort.
Limited Warranty
For a period of thirty (30) days from the date of our database product invoice issued to Licensee by Quentin Sager Consulting, Quentin Sager Consulting warrants that: (a) the media (if any) on which our database product is distributed will be free from defects in material and workmanship under normal use; and (b) our database product conforms substantially to the accompanying documentation. Specifically, Quentin Sager Consulting makes no representation or warranty that our database product, or the accompanying documentation are "error-free", or meet Licensee's particular standards, requirements, or needs.
In all events, any implied warranty, representation, condition, or other term is limited to the physical media (if any) and documentation, and is limited to the 30-day duration of the limited warranty. If Quentin Sager Consulting receives notification within the warranty period of defects in materials or workmanship, and determines that such notification is correct, Quentin Sager Consulting will replace the defective media or documentation.
No Other Warranties
QUENTIN SAGER CONSULTING SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL OTHER IMPLIED TERMS ARE EXCLUDED.
Limitation of Liability
The entire and exclusive liability and remedy for breach of the limited warranty shall be limited to replacement of defective media or documentation and shall not include or extend to any claim for or right to recover any other damages, including but not limited to, loss of profit, data, or use of the software or special, incidental or consequential damages, or other similar claims, even if Quentin Sager Consulting has been specifically advised of the possibility of such damages. In no event will Quentin Sager Consulting's liability for any damages to Licensee or any third party ever exceed the original purchase price paid for the package or the license to use the software, regardless of the form of the claim.
Termination
Licensee may terminate this Distribution License at any time. Quentin Sager Consulting will immediately terminate this Distribution License and Licensee's right to use our database product without written notice upon Licensee's failure to comply with any provision of this Distribution License. If this Distribution License is terminated for any reason, Licensee will: (a) cease all use of our database product; and (b) delete our database product and all copies from all computers on which it is resident.
Entire Agreement
This Agreement represents the complete agreement between the parties relating to this license for our database product and supersedes all prior agreements, communications, proposals, and representations between the parties and prevails over any conflicting or additional terms of any quote, order, acknowledgment or similar communication. This Agreement may only be modified by a license addendum that accompanies this license or by a written document signed by both parties.
Government Restricted Rights
Our database product is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the United States Government is subject to restrictions as set forth in subparagraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Software-Restricted Rights clause at 48 CFR 52.227-19, as applicable. Manufacturer is Quentin Sager Consulting, 20429 Ring Neck Road, Altoona, FL 32702 USA.
General
This Agreement is governed and interpreted in accordance with the laws of the State of Florida, USA, except for that body of law dealing with conflicts of law. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.