IMPORTANT-PLEASE REVIEW THOROUGHLY: This DataNumen End-User License Agreement (“EULA”) establishes a binding legal contract between you, the end-user (an individual or a sole legal entity), and DataNumen, Inc. (“DATANUMEN”) concerning the DATANUMEN software product, including any accompanying files, data, and materials created and provided by DATANUMEN (“SOFTWARE”). By installing, using, or distributing the SOFTWARE, you expressly consent to adhere to the provisions of this EULA. Should you disagree with any part of this EULA, you are prohibited from installing or using the SOFTWARE.
This EULA is divided into three sections: Part I pertains to the demo license of the SOFTWARE, Part II addresses the full license of the SOFTWARE, and Part III outlines the general provisions applicable to both types of licenses.
Part I Demo License
This is not free software. Under the conditions outlined herein, you are granted a license by DATANUMEN to use an unlimited number of copies of the SOFTWARE demo version on an unrestricted quantity of computers or workstations, at no cost, for an indefinite period following the first installation of the SOFTWARE demo version on any computer or workstation.
Subject to all the provisions of this End-User License Agreement (EULA), and without making any payment to DATANUMEN, you are permitted to:
- Provide exact copies of the SOFTWARE demo version free of charge to anyone, in compliance with this EULA, through physical media of any type or electronic delivery (excluding mass mailings or unsolicited bulk emails);
- Distribute exact copies of the SOFTWARE demo version, in compliance with this EULA, exclusively by allowing downloads via the public Internet without any associated fees; and
- Create as many exact copies of the SOFTWARE demo version as desired for the purpose of distribution as described in points 1 and 2 above.
For the purposes of this agreement, an “exact copy” of the SOFTWARE demo version means a file that is identical, at the time of duplication, to the SOFTWARE demo version distribution file available on the product homepage.
You are explicitly forbidden from charging, or soliciting donations for any distributed copies, regardless of the method of distribution, or from distributing such copies with other products, whether commercial or non-commercial, without obtaining prior written consent from DATANUMEN. Furthermore, you are explicitly forbidden from charging or soliciting donations in exchange for access to any hyperlink or other means facilitating the electronic creation or distribution of copies of the SOFTWARE demo version.
DATANUMEN reserves the right to withdraw any or all distribution permissions at its discretion, at any time, and for any reason or no reason at all.
Part II Full License
In accordance with the provisions set forth in this EULA, DATANUMEN hereby grants to you, for each licensed copy, a restricted, non-exclusive, non-transferable license to install and use the SOFTWARE full version, solely for your internal purposes.
Upon purchasing a single-user license, you are permitted to install and use one copy of the SOFTWARE full version on a single computer or workstation, exclusively for the use of the individual who procures the license from DATANUMEN. If you have purchased a multi-user license, you are permitted to install and use one copy of the SOFTWARE full version on multiple computers, up to the total number of “Licensed Copies” purchased, as specified herein. Should you purchase a site license, you are permitted to install and use one copy of the SOFTWARE full version on any number of computers within the organization that has obtained the license.
In the event that you have installed the SOFTWARE full version on one computer (“OLD COMPUTER”) in compliance with the terms of this EULA, the license may NOT be transferred from the OLD COMPUTER to another computer, unless the OLD COMPUTER ceases to be used in the future.
You are prohibited from providing, transferring, or selling copies of the SOFTWARE full version to your client(s) or any third parties, either in whole or in part, and from including copies of the SOFTWARE full version, either in whole or in part, in, or with, products that you sell, without obtaining prior written consent from DATANUMEN.
Each licensed copy may be accessed via a network, on the condition that a licensed copy has been purchased for every workstation that will access the SOFTWARE full version through the network. For example, if 9 different workstations will access the SOFTWARE full version on the network, 9 Licensed Copies of the SOFTWARE full version must be purchased, regardless of whether the 9 workstations will access the SOFTWARE full version at different times or concurrently.
As a purchaser of a Multi-User License, you are responsible for duplicating and distributing the SOFTWARE full version for use in compliance with the terms of this EULA, and for monitoring the number of copies of the SOFTWARE full version installed and used by your organization. You hereby agree that, upon request from DATANUMEN or DATANUMEN’s authorized representative, you will, within thirty (30) days, provide comprehensive documentation and certification of the number of copies of the SOFTWARE full version that you have installed. Under a Multi-User License, the SOFTWARE full version may only be installed on computers operated by, or on behalf of, your organization.
Part III General Provisions
All rights and privileges pertaining to the SOFTWARE that are not explicitly conferred in this EULA remain entirely and exclusively reserved for and by DATANUMEN. The SOFTWARE is protected by national and international copyright laws, along with additional intellectual property legislations and treaties relevant to your use of the SOFTWARE.
Your use, installation, and distribution of the SOFTWARE must strictly adhere to the provisions set forth in this EULA. It is prohibited to rent, lease, lend, sublicense, alter, translate, reverse engineer, decompile, disassemble or create derivative works based upon the SOFTWARE, either partially or in its entirety, and you must not authorize any third party to engage in such activities. Additionally, it is forbidden to provide access to the SOFTWARE to others in association with a service bureau, application service provider, or any similar business operation, and you must not permit any third party to do so. The license conferred in this EULA does not include any rights or claims to the source code version of the SOFTWARE.
Warranty Disclaimers and Liability Limitations
THE SOFTWARE, ALONG WITH ANY RELATED SOFTWARE, FILES, DATA, AND MATERIALS, IS PRESENTED AND DISTRIBUTED ON AN “AS IS” BASIS AND DEVOID OF ANY WARRANTIES, WHETHER IMPLIED OR EXPLICIT. THIS INCLUDES, BUT IS NOT RESTRICTED TO, WARRANTIES OF MERCHANTABILITY OR APPROPRIATENESS FOR A SPECIFIC INTENT. DATANUMEN, ITS AFFILIATES, OR LICENSORS NEITHER ASSURE, GUARANTEE, NOR PUT FORTH ANY REPRESENTATIONS REGARDING THE EMPLOYMENT OR THE OUTCOMES DERIVED FROM THE SOFTWARE. DATANUMEN AND ITS AFFILIATES OR LICENSORS PROVIDE NO AFFIRMATION THAT THE FUNCTIONING OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DO THEY GUARANTEE THE EFFECTIVENESS OF ANY DATA RESTORATION AND/OR FILE RETRIEVAL FEATURES IN RECOVERING INFORMATION ENCLOSED IN ANY FILE, WHOLLY OR PARTIALLY. YOU ACKNOWLEDGE THAT SOUND DATA PROCESSING PRACTICES NECESSITATE COMPREHENSIVE TESTING OF ANY APPLICATION, INCLUDING THE SOFTWARE, WITH NON-VITAL DATA BEFORE PLACING ANY RELIANCE ON IT. YOU HEREBY ACCEPT FULL ACCOUNTABILITY FOR EMPLOYING THE ITERATIONS OF THE SOFTWARE ENCOMPASSED BY THIS LICENSE. THIS WARRANTY DISCLAIMER SERVES AS A CRUCIAL ELEMENT OF THIS LICENSE AGREEMENT.
EXCEPT WHEN EXPRESSLY PROHIBITED BY RELEVANT LAWS, DATANUMEN, ITS AFFILIATES, OR LICENSORS SHALL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES OR MONETARY LOSSES STEMMING FROM THE USE OR INABILITY TO USE THE SOFTWARE. ANY LIABILITY ON THE PART OF DATANUMEN, ITS AFFILIATES, OR LICENSORS SHALL BE LIMITED EXCLUSIVELY TO REIMBURSING ANY LICENSE FEE SUBMITTED TO DATANUMEN. UNLESS EXPLICITLY FORBIDDEN BY APPLICABLE LAWS, DATANUMEN, ITS PRINCIPALS, SHAREHOLDERS, OFFICERS, EMPLOYEES, AFFILIATES, LICENSORS, CONTRACTORS, SUBSIDIARIES, OR PARENT ORGANIZATIONS, SHALL NOT BEAR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND RELATING TO THE SOFTWARE’S EMPLOYMENT OR YOUR RELATIONSHIP WITH DATANUMEN, ITS AFFILIATES, OR LICENSORS (INCLUDING, WITHOUT LIMITATION, LOSS OR DISCLOSURE OF DATA OR INFORMATION, LOSS OF PROFIT, REVENUE, BUSINESS POSSIBILITIES, OR COMPETITIVE EDGE, OR BUSINESS DISRUPTIONS), IRRESPECTIVE OF WHETHER THE CLAIM OR ACTION IS BASED ON CONTRACTUAL OBLIGATIONS, WARRANTY, NEGLIGENCE, STRICT LIABILITY, CONTRIBUTION, INDEMNITY, OR ANY OTHER LEGAL FOUNDATION OR CAUSE OF ACTION, EVEN IF ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES.
MOREOVER, DATANUMEN DOES NOT AUTHORIZE YOU OR ANY OTHER INDIVIDUAL TO UTILIZE THE SOFTWARE IN APPLICATIONS OR SYSTEMS WHERE THE SOFTWARE’S FAILURE TO FUNCTION MIGHT BE REASONABLY EXPECTED TO RESULT IN SIGNIFICANT PHYSICAL INJURY, PROPERTY LOSS, OR LOSS OF LIFE. ANY SUCH USAGE IS ENTIRELY AT YOUR OWN RISK, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS DATANUMEN, ITS AFFILIATES, OR LICENSORS FROM ANY AND ALL CLAIMS OR LOSSES ARISING FROM SUCH UNAUTHORIZED USE.
The SOFTWARE includes but is not limited to, the information contained within its accompanying distributable files, data, materials, activation codes, license keys, registration codes, and the know-how embodied within the SOFTWARE itself. All of this constitutes confidential and trade secret information (hereinafter referred to as “Proprietary Information”) that is either owned by or licensed to DATANUMEN, including any affiliated copyrights and trademarks. You agree to maintain the strictest confidentiality of the Proprietary Information for the benefit of DATANUMEN and its licensors. You are prohibited from selling, licensing, publishing, displaying, distributing, disclosing, or otherwise making available the Proprietary Information, including any activation codes, license keys, registration codes, or registration files, to any third parties. Additionally, you are only allowed to use the Proprietary Information in accordance with this EULA. The obligations set forth in this section shall continue to apply even upon termination or cancellation of the License.
This EULA constitutes the comprehensive agreement between the parties concerning the subject matter and supersedes any prior understandings, purchase orders, agreements, or arrangements in relation to the same.
You are prohibited from assigning, sublicensing, subcontracting, or otherwise transferring any of your rights, obligations, or delegating any duties under this EULA, either in whole or in part, without obtaining prior written consent from DATANUMEN. Any assignment of this EULA or any rights or obligations contained within is contingent upon the intended assignee agreeing to be bound by the terms of this EULA and assuming all responsibilities and obligations of the assignor.
No third-party beneficiaries exist in relation to any promises, obligations, or representations made by DATANUMEN within this EULA.
Any waiver granted by DATANUMEN in response to your violation of this EULA shall not be construed as, nor contribute to, a waiver by DATANUMEN of any other or future violation by you of the same provision or any other provision within this EULA.
Should any portion of this EULA be deemed invalid or unenforceable for any reason, as it pertains to any person or circumstance, it shall be considered severable. The validity of the remainder of this EULA, or the applicability of such provisions to other persons or circumstances, shall remain unaffected.