User License Agreement for DKG Advanced Solutions DBSearch Ver. 1.1
Oct 1997
IMPORTANT-READ CAREFULLY: This DKG Advanced Solutions User License Agreement (ULA) is a legal agreement between you (either an individual or a single entity) and DKG Advanced Solutions Corporation for the DKG Advanced Solutions software product identified above, which includes computer software and online or electronic documentation and may include associated media and printed materials (if any) (SOFTWARE PRODUCT or SOFTWARE). By installing, copying, or otherwise using the SOFTWARE PRODUCT, you agree to be bound by the terms of this ULA. If you do not agree to the terms of this Agreement, you are not authorized to use the SOFTWARE PRODUCT.
The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
1. GRANT OF LICENSE. This ULA grants you the following rights:
Use and Copy. DKG Advanced Solutions grants to you the right to use copies of the SOFTWARE PRODUCT only in conjunction with a valid license or a trial version. You may make copies of the SOFTWARE PRODUCT for backup and archival purposes.
2. RESTRICTIONS.
--You must maintain all copyright notices on all copies of the SOFTWARE PRODUCT.
--You may not distribute copies of the SOFTWARE PRODUCT to third parties.
--You may not reverse-engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
--You may not rent or lease the SOFTWARE PRODUCT.
--You may permanently transfer all of your rights under this ULA only in conjunction with a permanent transfer of your validly licensed copy or copies of the SOFTWARE PRODUCT.
--You must comply with all applicable laws regarding the use of the SOFTWARE PRODUCT.
3. TERMINATION. DKG Advanced Solutions may terminate this ULA if you fail to comply with the terms and conditions of this ULA. In such event, you must destroy all copies of the SOFTWARE PRODUCT.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE PRODUCT and any copies thereof are owned by DKG Advanced Solutions or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the SOFTWARE PRODUCT is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This ULA grants you no rights to use such content.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE PRODUCT is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the 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 at 48 CFR 52.227-19, as applicable. Manufacturer is DKG Advanced Solutions Corporation/39270 Paseo Padre Pky. Suite #243 FREMONT, CA. 94538.
6. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE PRODUCT to any country, person, entity or end user subject to U.S.A. export restrictions. Restricted countries currently include, but are not necessarily limited to Cuba, Iran, Iraq, Libya, North Korea, Syria, and the Federal Republic of Yugoslavia (Serbia and Montenegro, U.N. Protected Areas and areas of Republic of Bosnia and Herzegovina under the control of Bosnian Serb forces). You warrant and represent that neither the U.S.A. Bureau of Export Administration nor any other federal agency has suspended, revoked or denied your export privileges.
7. NO WARRANTY. ANY USE OF THE SOFTWARE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DKG ADVANCED SOLUTIONS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
8. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DKG ADVANCED SOLUTIONS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF DKG ADVANCED SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY. DKG ADVANCED SOLUTIONS'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THIS ULA SHALL NOT EXCEED FIVE DOLLARS (US$5.00).
10. MISCELLANEOUS. This ULA is governed by the laws of the State of Washington, U.S.A.
Should you have any questions concerning this ULA, or if you desire to contact DKG Advanced Solutions for any reason, please contact the DKG Advanced Solutions subsidiary serving your country, or write:
DKG Advanced Solutions Sales Information Center/39270 Paseo Padre Pky. Suite #243 FREMONT, CA. 94538.
