OwnerShip Data Trial/Demo Agreement and Conditions of Use
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IF YOU DO NOT WISH TO ACCEPT THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT, YOU SHOULD NOT CONTINUE.
1. This is a Non-exclusive License Agreement
This License Agreement ("License") is a legal agreement between Data Views Systems of H-114,Sector -63 Noidia India ("Data Views Systems") ("Us/We/Our") and the Licensee of the Product ("You/Your"). This License allows You A FREE TRIAL of this online software product which is referred to as "ODB". This License sets out Your rights and obligations in relation to the use of ODB by You. It is an important document which You should print a copy of this agreement to keep.
2. Grant Of License
ODB, and were applicable updates, is not sold to You. It is licensed to You for a trial period only. This means You have the right to use ODB only as specified in clause 5 of this agreement. Ownership of ODB always belongs to Us. You, or anyone acting on Your behalf, who accesses ODB agree to be bound by the terms of this License. You are responsible for ensuring that Your employees, sub-contractors, agents or persons acting on Your behalf only do so in accordance with the terms and conditions of the License. You must not provide or otherwise make ODB available in any form to any person, other than those persons referred to in the above paragraph without Our prior written consent. This prohibition includes; making ODB available to a branch office, or another member of a franchise group. The license granted here is for one office use, unless otherwise agreed.
3. License Rights And Limitations
You must not copy, reverse engineer, modify, decompile, or disassemble ODB, while you are on trial. You must not sell, rent, lease, transfer, assign, distribute or otherwise deal with the data contained from time to time within ODB.
4. Intellectual Property Rights
All intellectual property rights in and to ODB are owned and continue to be owned by Us. You may not do anything that infringes those rights including, but not limited to, using or copying ODB data. Whilst on trial you are permitted to view the data only and not to use it for any other purpose than to evaluate the system. You acknowledge that you have been advised that the data is seeded and unauthorized use or copying, downloading or printing of screen shots will be prosecuted under copyright laws.
5. Acknowledgments by You
You acknowledge that: We cannot guarantee that ODB or the data contained or downloaded on to it from time to time is error free, nor free from duplicate records; The existence of any errors or duplicate records in ODB or the data contained or downloaded on to it from time to time will not constitute a breach of this License; You have exercised Your independent judgment in acquiring a trial for ODB. You have not relied on any representation made by Us or our selling agent Winning Edge Solutions which is not expressly stated in this License or upon any descriptions, specifications or publicity material produced by Us;
We do not warrant or guarantee that any information contained in ODB is accurate, up to date, or is fit for Your purposes. We make no claims or warranties that the use of the data is free from all or any of the provisions of the Privacy Act and advise that the You use of this data is entirely at Your discretion and sole risk. We are not liable for any other matter or action taken or not taken in reliance on ODB.
7. Exclusion of Implied Warranties
We exclude all warranties implied by statute (including the Trade Practices Act 1974), general law and privacy act or custom except any implied condition or warranty the exclusion of which would contravene any statute or cause any part of this clause to be void ("Non-excludable Condition"). Indirect or consequential loss or damage (including damage to or loss of any data) suffered by You arising out of a breach by Us of any express provision of this License; or Direct, indirect or consequential loss or damage suffered by You arising in any way out of a negligent act or omission by Us, including but not limited to, loss of profits sustained or incurred as a result of a claim by a third person.