READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE INSTALLING DM2000 ON YOUR COMPUTER. THE COMPLIANCE DATABASE, DM2000, AND THE ACCOMPANYING USER DOCUMENTATION (hereinafter collectively referred to as DM2000) ARE COPYRIGHTED AND LICENSED (NOT SOLD).
BY INSTALLING DM2000, YOU ARE ACCEPTING AND AGREEING TO THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU SHOULD PROMPTLY RETURN DM2000 IN ITS UNINSTALLED FORM, AND YOU WILL RECEIVE A REFUND OF YOUR MONEY. THIS LICENSE AGREEMENT REPRESENTS THE ENTIRE AGREEMENT CONCERNING DM2000
BETWEEN YOU AND The Guide Associates, Inc. (REFERRED TO AS "LICENSOR"), AND IT SUPERSEDES ANY PRIOR PROPOSAL, REPRESENTATION, OR UNDERSTANDING BETWEEN THE PARTIES.
1. License Grant. Licensor hereby grants to you, and you accept, a nonexclusive license to use DM2000 in machine-readable, object code form only (also referred to as the "Software"), and the accompanying User Documentation, only as authorized in this License Agreement. This version of DM2000 may be used only on a single computer owned, leased, or otherwise controlled by you; or in the event of the inoperability of that computer, on a backup computer selected by you. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted unless you purchased a multi-PC license. You agree that you will not assign, sublicense, transfer, pledge, lease, rent, or share your rights under this License Agreement. You agree that you may not reverse assemble, reverse compile, or otherwise translate the Software.
No copies of the Program or any portions thereof may be made by you or any person under your authority or control.
2. Licensor's Rights. You acknowledge and agree that DM2000 is a proprietary product of Licensor protected under U.S. and international copyright law. You further acknowledge and agree that all right, title, and interest in and to DM2000, including associated intellectual property rights, are and shall remain with Licensor. This License Agreement does not convey to you an interest in or to DM2000, but only a limited right of use revocable in accordance with the terms of this License Agreement.
3. License Fees. The license fees paid by you are paid in consideration of the licenses granted under this License Agreement.
4. Term. This License Agreement is effective upon installation of DM2000.
5. Limited Warranty. DM2000 AND THE COMPLIANCE DATABASE, ARE LICENSED "AS IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Limitation of Liability. Licensor's cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the license fee paid to Licensor for the use of DM2000. In no event shall Licensor be liable for any indirect, incidental, consequential, special, or exemplary damages or lost profits, even if Licensor has been advised of the possibility of such damages. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. If you live in such a state and choose to install DM2000, you agree to waive your rights under said state's non allowance of limitation or exclusion of liability for incidental or consequential damages.
7. Trademark. DM2000 is a registered trademark of Licensor. No right, license, or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.
8. Governing Law. This License Agreement shall be construed and governed in accordance with the laws of the State of Colorado, United States of America.
9. Costs of Litigation. If any action is brought by either party concerning this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
10. Severability. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
11. No Waiver. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
