END USER'S TERMS OF USE FOR CINTAC Dynamic AI ™ PRODUCTS

IMPORTANT -- READ CAREFULLY BEFORE USING THIS SOFTWARE:

These End User's Terms of Use for the use of certain CINTAC Dynamic Products ("Terms of Use") is a legal agreement between you (either an individual or an entity) and CINTAC A/S and its suppliers and licensors (collectively "Licensor") for your use of certain CINTAC Dynamic software products ("Software").

Licensor has granted a non-exclusive, non-transferable and perpetual license to use the Software ("License") for a certain number of end users designated by the licensee.

By installing or running this Software, you confirm (i) to be a user designated by a party to a valid License ("Designated User") and (ii) to be bound by these Terms of Use.

IF YOU ARE NOT A DESIGNATED USER OR IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT USE THE SOFTWARE.

YOU AGREE BY RUNNING THE SOFTWARE, THAT YOUR USE OF THE SOFTWARE ACKNOWLEDGES THAT YOU ARE A DESIGNATED USER, THAT YOU HAVE READ THESE TERMS OF USE, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.



1. RESTRICTED USE.

a) You may not: (i) permit other individuals to use the Software except under the terms listed herein and in accordance with the License; (ii) modify, translate, reverse engineer, decompile, disassemble (except to the extent that this restriction is expressly prohibited by law) or create derivative works based upon the Software; (iii) copy the Software (except for back-up or archival purposes); (iv) rent, lease, transfer, or otherwise transfer rights to the Software or; (v) remove any proprietary notices or labels on the Software. Any such forbidden use shall immediately terminate your rights to the Software.

b) You agree that you shall only use the Software in a manner that complies with the License and with all applicable laws in the jurisdictions in which you use the Software, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights.

c) You may not use the Software in an attempt to, or in conjunction with, any device, program or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.



2. TITLE.

All legal and beneficial title, ownership rights and intellectual property rights in and to the Software shall remain with Licensor and/or its suppliers. The Software is protected by the copyright laws of the Kingdom of Denmark and international copyright treaties. Title, ownership rights and intellectual property rights in and to the content accessed through the Software shall be retained by the applicable content owner and may be protected by applicable copyright or other law. These Terms of Use give you no rights to such content.



3. BETA RELEASE VERSIONS AND TRIAL PRODUCT VERSIONS.

In the event that the Software is a beta release version, the terms of this Section shall apply. Your right to use the Software expires 120 days after installation (or such other period as indicated by the Software) and the Software may cease to function. The Software you are receiving may contain more or less features than the commercial release of the Software that Licensor intends to distribute. While Licensor intends to distribute a commercial release of the Software, Licensor reserves the right at any time not to release a commercial release of the Software or, if released, to alter features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of the commercial release. You agree that the beta release versions are not suitable for production use and may contain errors affecting their proper operation. You agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the license expires.

In the event that the Software is made available as a trial product version, the terms of this Section shall apply. By accepting the Software as a trial product your right to use the Software expires 30 days after installation (or such other period as indicated by the Software) and the Software may cease to function. By accepting the Software as a trial product version you accept the Software 'as is' and waives all express and implied warranties during the trial period. You agree that as a trial product version the Software is not suitable for production use and you agree that you will not do anything to circumvent or defeat the features designed to stop the Software from operating after the trial period expires. Upon termination or expiry of the trial period, you must either obtain a valid license to continue the use of the Software or destroy the Software.



4. LIMITED WARRANTY AND LIMITATION OF LIABILITY (COMMERCIAL VERSIONS)

For the use of commercial versions of Dynamic Products, the following terms apply :

(a) Licensor warrants the Software will perform substantially in accordance with its published specifications for a period of 30 days from the date that you first use the Software. However, Licensor does not warrant (a) that the Software will be uninterrupted, error-free or secure in operation; or (b) that any defects that may exist in the Software will be corrected; or (c) that the Software will meet your requirements; or (d) that the Software will operate in any combination with other software programs which may be selected for use by you.

(b) THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES. THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW LICENSOR AND ITS PARTNERS OR SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ANY ACCOMPANYING WRITTEN MATERIALS.

(c) If any modifications are made to the Software by you during the warranty period; if the media is subjected to accident abuse or improper use; or if you violate these Terms of Use, this warranty shall immediately terminate. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified version of hardware and software with which the Software was designed to be used.

(d) Licensor´s sole liability for a breach of this warranty shall be in Licensor´s sole discretion: (i) to replace your defective media; or (ii) to advise you how to achieve substantially the same functionality with the Software as described in any accompanying written materials through a procedure different from that set forth in such written materials; or (iii) if the above remedies are impracticable, to refund the license fee, if any, you paid for the Software. Repaired, corrected or replaced Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software or if longer for thirty (30) days after the date Licensor either shipped to you the repaired or replaced Software or advised you as to how to operate the Software, whichever is applicable. Only if you inform Licensor of the problem with the Software during the applicable warranty period and provide evidence of the date you acquired the Software will Licensor be obligated to honor this warranty.

(e) THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. LICENSOR SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGE FOR THE LOSS OF BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR THE ABILITY TO USE THE SOFTWARE, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY LIABILITY OF LICENSOR WITH RESPECT TO THE SOFTWARE OR THE PERFORMANCE THEREOF UNDER ANY WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL REMEDY WILL BE LIMITED EXCLUSIVELY TO THE LICENSE FEE PAID BY YOU FOR THE RIGHT TO USE THE SOFTWARE.



5. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY (BETA RELEASE VERSIONS AND TRIAL PRODUCTS).

For the use of Trial and Beta versions of Dynamic Products, the following terms apply:

(a) THE SOFTWARE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS PARTNERS OR SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LICENSOR´s TOTAL LIABLITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00).



6. INDEMNIFICATION.

This Software is intended for use only with properly licensed media, content, and content creation tools. It is your responsibility to ascertain whether any copyright, patent or other licenses are necessary and to obtain any such licenses to serve and/or create, compress or download such media and content. You agree to record and download only those materials for which you have the necessary patent, copyright and other permissions, licenses, and/or clearances. You agree to hold harmless, indemnify and defend Licensor, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys´ fees and costs) arising out of or relating to any claims that you have (i) viewed, downloaded, encoded, compressed, copied or transmitted any materials (other than materials provided by Licensor) in connection with the Software in violation of another party´s rights or in violation of any law, or (ii) violated any terms of these Terms of Use. If you are importing the Software from Denmark, you shall indemnify and hold Licensor harmless from and against any import and export duties or other claims arising from such importation.



7. MISCELLANEOUS.

(a) If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

(b) These Terms of Use shall be governed by the laws of the Kingdom of Denmark, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the Commercial and Maritime Court sitting in Copenhagen.


 

Copyright © 1998-2015 CINTAC A/S and/or its suppliers. Hesteengen 20, 8800 Viborg, Denmark. All rights reserved. Dynamic AI ™, Dynamic Financials ®, Automated Intelligence ® and CINTAC Dynamic are registered trademarks or trademarks of CINTAC A/S.