DATA PRODUCTS LICENSE AGREEMENT
WORKSTATION (Single User) LICENSE
License Agreement
This is a contract with important legal consequences. You and your organization, as the Licensee, indicate your acceptance of the Terms and Conditions of this Agreement by using or copying our database product. If you do not agree to the terms of this License Agreement, you are not permitted to use our database product, and you must immediately delete all downloaded files of our database product from your computer(s) and/or promptly return our database product to Quentin Sager Consulting, Inc. through its website www.datanetworksource.com for a refund of the purchase price subject to the Terms and Conditions set forth in our Return Policy.
Grant of License
Quentin Sager Consulting grants Licensee (the purchaser) 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 Agreement; (b) make a reasonable number of copies of our database product for backup or archival purposes; (c) install our database product at a single location on one computer or one single-user workstation. Our database product may be installed on a network server, in whole or in part, or as part of a derivative work, provided it is in use at any one time by no more than the number of Workstation (Single-User) Licenses specified by our database product invoice and/or receipt issued to Licensee by Quentin Sager Consulting, Inc. through its website www.datanetworksource.com.
Restrictions
Licensee may NOT: (a) use or copy our database product except as provided in this Agreement; (b) transfer, rent, lease, lend, copy, modify, translate, sublicense, timeshare, or electronically transmit our database product or any derivatives thereof to any third party; (c) modify, adapt, or translate our database product in whole or in part, except as provided in this Agreement; or (d) incorporate our database product into another product for commercial or non-profit distribution.
Distribution
Permission to distribute our database product, in whole or in part, or as part of a derivative work, outside of Licensee's immediate organization, is not granted by this Agreement, and is specifically prohibited.
Derivative Works
Permission to prepare derivative works, incorporating our database product in whole or in part, for use only within Licensee's organization, is granted to Licensee, provided that any such derivative work is in use at any one time by no more than the number of Workstation (Single-User) Licenses specified by our database product invoice issued to Licensee by Quentin Sager Consulting.
Such derivative works may not be distributed commercially or privately, or used outside of the Licensee's immediate organization. The Licensee may obtain the additional right to distribute derivative works incorporating our database product in whole or in part, but only by acquiring an additional database product distribution license and paying the appropriate fee to Quentin Sager Consulting.
Term
The term of this Agreement shall be perpetual from the date of the invoice for our database product issued to Licensee by Quentin Sager Consulting.
Version Updates
This Agreement entitles Licensee to use 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. All provisions of this Agreement apply to all versions of our database product delivered to Licensee by Quentin Sager Consulting, and remain in effect after all version updates have been delivered to Licensee by Quentin Sager Consulting.
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 the our database product invoice issued to Licensee by 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) the database conforms substantially to the accompanying Documentation. Specifically, Quentin Sager Consulting makes no representation or warranty that our database product data, 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 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 Agreement at any time. Quentin Sager Consulting will immediately terminate this Agreement and Licensee's right to use our database product without written notice upon Licensee's failure to comply with any provision of this Agreement. If this Agreement 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.