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Xintegrity Professional Version 1.4 Licence Agreement:
PLEASE READ THIS CAREFULLY BEFORE YOU INSTALL THIS SOFTWARE
THIS IS A LEGAL AGREEMENT
BETWEEN YOU [EITHER AN INDIVIDUAL OR ENTITY] AND GLOBAL DATA INTEGRITY. THIS AGREEMENT STATES THE TERMS AND CONDITIONS UPON WHICH GLOBAL DATA INTEGRITY OFFERS TO LICENSE THE SOFTWARE
INSTALLING THE SOFTWARE
INDICATES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT ACCEPT OR UNDERSTAND THEM, YOU SHOULD NOT INSTALL THE SOFTWARE.
1 GRANT OF LICENCE
The software product
('the Software') refers to the computer program Xintegrity Professional version 1.4 including but not limited to object code and source code, is licensed, not sold, to you for use only under the terms of this Agreement. This Licence Agreement is your proof of licence to exercise the rights granted herein and must be retained by you. As between you and Global Data Integrity, Global Data Integrity retains all title to and ownership of the Software and reserves all rights not expressly granted to you.
The Software contains technology which may be subject to U.K. export controls and may be
subject to export or import regulations in other countries. You agree to comply with all such controls and regulations.
Under copyright law you are not permitted to install or run the Software or use the
user manuals and other documentation including online help text ('the Manuals') supplied to you without the permission of Global Data Integrity. In consideration of your agreement to the terms of this Agreement
Global Data Integrity grants you, a non-exclusive right ('the Licence') to install and run the Software and use the Manuals as permitted by this Agreement
YOU ARE PERMITTED TO:
1.1 use the Software and Manuals for a period of time that is determined by the frequency
of usage of the Software (you are permitted to perform thirty (30) database checks) without registering the Software and paying the licence fee for the purpose of evaluating the Software. Once the evaluation period
has expired you must register the Software and pay the licence fee to continue using the Software. Subsequent to receiving payment Global Data Integrity will provide an unlock code (the 'Unlock code'). The Unlock
code removes the evaluation limitations. To pay the licence fee visit www.xintegrity.com or contact Global Data Integrity at the address shown below;
1.2 use the Software and Manuals in connection with a single computer - if you wish to use
the Software on more than one computer, you must obtain a separate licence for another copy of the Software;
1.3 load the Software and use it only on a single computer which is under your control
- if you wish to use the Software in a network environment, you must obtain a separate licence for another copy of the Software for each computer that is to be used in connection with the software. The software allows for remote monitoring of computers which do not have the software installed. A licence is required for each computer that has the software installed and each computer that is to be monitored;
1.4 transfer the Software and Manuals from one computer to another provided that the
Software and Manuals (including any portion or copy thereof) is erased from the first computer and that there is no possibility that the Software will be used on more than one computer at a time;
1.5 make one (1) archival copy of the Software and Manuals for backup purposes in support
of your permitted use of the Software and Manuals on a single computer provided you reproduce on the copy all copyright and other proprietory rights notices included on the originals of the Software and Manuals . -
Any other copies of the whole or any part of the Software and Manuals are unlawful;
1.6 use the Software for your personal use or in your business;
1.7 give copies of the installation package ('the Installation package'), namely
'XintegrityProfessionalsetup.exe' to anyone provided that:
1.7.1 the copy of the Installation package is exact and unmodified in any way;
1.7.2 the copy of the Installation package is whole and complete - you may NOT give copies of the individual files (or any portion thereof) that the Installation package contains.
1.7.3 you do not also disclose an Unlock code or describe any other method of bypassing the evaluation limitations;
1.8 distribute the Installation package via electronic
means, web sites, ftp sites, CD ROMS or other media, or any other method provided that:
1.8.1 the copy of the Installation package is exact and unmodified in any way;
1.8.2 the copy of the Installation package is whole and complete - you may NOT distribute copies of the individual files (or any portion thereof) that the Installation package contains.
1.8.3 you do not also disclose or distribute an Unlock code or describe any other method of bypassing the evaluation limitations;
1.8.4 acknowledgement of
Global Data Integrity as the developer and copyright holder of the Software is given, along with providing the web address 'www.xintegrity.com';
1.8.5 you do not charge any fee for the
copy or use of the Installation package itself, you may however charge a distribution fee that is reasonably related to any cost you incur distributing the Installation package (e.g. packaging);
YOU MAY NOT NOR PERMIT OTHERS TO:
1.9 give copies of an Unlock code to anyone or describe any other method of bypassing
the evaluation limitations;
1.10 distribute an Unlock code via electronic or any other means;
1.11 transfer your licence of the Software to a third party without the express
written permission of Global Data Integrity;
1.12 use, copy, transfer or provide facilities for the remote use of the Software
except as permitted by this Agreement;
1.13 sell, rent, loan, lease, sub-licence any of your rights under this Agreement or
otherwise deal in the Software and Manuals;
1.14 copy the Manuals in any manner;
1.15 alter, adapt, merge, modify or translate the Software or the Manuals in any way
for any purpose, including, without limitation, for error correction;
1.16 decompile, disassemble or otherwise reverse-engineer the Software, or engage in
any other activities to obtain underlying information that is not visible to the user in connection with normal use of the Software. If you believe you require information related to the interoperability of the
Software with other programs you agree to request such information from Global Data Integrity. Upon receiving such a request Global Data Integrity shall determine whether you require such information for a
legitimate purpose and, if so, Global Data Integrity will provide such information to you within a reasonable time and on reasonable conditions. In any event , you agree to notify Global Data Integrity of any
information derived from reverse engineering or other such activities, and the results thereof will constitute the confidential information of Global Data Integrity.You acknowledge that the Software contains trade
secrets and other proprietory information of Global Data Integrity. You agree not to display the Software's object code (either electronically or by any other means) or to deliberately produce memory dumps of the
Software's object code;
1.17 remove, change or obscure any product identification or notices of copyright and other
proprietary rights and restrictions on or in the Software and Manuals.
2 TERMINATION
2.1 The licence granted to you is effective until terminated. You may terminate it at any
time by destroying the Software and Manuals (including any portions or copies thereof) currently in your possession or control.
2.2 The licence will terminate automatically without further notice from Global Data
Integrity if you fail to comply with any term or condition of this Agreement. The Licence will also terminate if you become bankrupt, go into liquidation, suffer or make any winding up petition, make an arrangement
with your creditors, have an administrator, administrative receiver or receiver appointed or suffer or file any similar action in consequence of debt.
2.3 Upon termination of the Licence for any reason you agree to destroy the Software and
Manuals (including any portions or copies thereof) together with all copies in any form, including copies on your hard and back-up disks. Upon termination Global Data Integrity may enforce any and all rights
provided by law.
2.4 The provisions of this Agreement that protect the proprietory rights of Global Data
Integrity will continue in force after termination.
3 WARRANTY
3.1 The Software and Manuals are distributed and provided "AS IS". Global Data
Integrity make and you receive no other warranties, conditions or representations, express or implied, statutory or otherwise, and without limitation the implied terms of merchantability and fitness for a particular
purpose are excluded.
3.2 Global Data Integrity does not warrant that the functions contained in the Software
will meet your requirements or that the operation of the Software will be error free or uninterrupted. It is your responsibility to ensure that the Software is suitable for your needs and the entire risk as to the
performance and results of the Software and Manuals is assumed by you. Should the Software prove defective, you (and not Global Data Integrity) assume the entire cost of all necessary servicing, repair or correction.
3.3 No distributor or any other entity or person is authorised to expand or alter this
warranty or any other provisions of this Agreement. Any representation, other than the warranties set forth in this Agreement, will not bind Global Data Integrity.
4. DISCLAIMER
4.1 In no event will be Global Data Integrity be liable for any direct, indirect,
consequential, incidental, special or punitive damage or loss of any kind (including without limitation loss of revenue, profits, contracts, business opportunity, business advantage, business interruptions,
and loss of, disclosure of, or corruption to data) however caused and whether arising under contract, tort, including negligence, or otherwise, even if advised of the possibility of such damages.
4.2 In no event does Global Data Integrity authorise you or anyone else to use the Software
in applications or systems where the Software's failure to perform can reasonably be expected to result in a significant physical injury, or loss of property or in loss of life. Any such use is entirely at your own
risk, and you agree to hold Global Data Integrity harmless from any and all claims or losses relating to such unauthorised use.
4.3 If any exclusion, disclaimer or other provision contained in this Agreement is held
invalid for any reason and Global Data Integrity becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the amount actually
paid by you for the Software.
4.4 You acknowledge that the allocation of risk in this Agreement reflects the price paid
for the Software and also the fact that it is not within the control of Global Data Integrity how and for what purposes the Software is used by you.
5. RESTRICTED RIGHTS
5.1 The software and documentation are provided with RESTRICTED RIGHTS. Use, duplication,
modification, release, performance, display, or disclosure by the United States Government is subject to restrictions as set forth in subparagraphs (c)(1) and (c)(2) of the Commercial Computer Software clause at FAR
52.227-19 and the provisions relating to Rights in Commercial Computer Software or Commercial Computer Software Documentation at 48 CFR 227.7202-3 as applicable. Manufacturer is Global Data Integrity, Riverside
House, Warwick Road, Carlisle, CA1 2BS, U.K.
6. GENERAL
6.1 This Agreement is binding on you as well as your employees, employers, contractors and
agents, and on any successors and assignees.
6.2 This Agreement is the entire agreement between you and Global Data Integrity and you
agree that Global Data Integrity will not have any liability for any untrue statement or representation (whether innocently or negligently) upon which you relied upon entering this Agreement, and supersedes any
other oral or written communications, agreements or representations with respect to the Software and Manuals.
6.3 If any part of this Agreement is held by a court of competent jurisdiction to be
unenforceable the validity of the remainder of the Agreement will remain in full force and effect.
6.4 This Agreement is governed by the laws of England and Wales.
Global Data Integrity
Riverside House
Warwick Road
Carlisle
CA1 2BS
U.K.
Questions regarding the licence agreement should be sent to
enquiries@globaldataintegrity.com
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