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Agreement

IBCharts END-USER LICENSE AGREEMENT

Copyright (C) 2005 IBCharts

IMPORTANT - READ CAREFULLY This license statement and limited warranty constitutes a legal agreement ("License Agreement") between you (either as an individual or a single entity) and IBCharts ("IBCharts") for the software product ("Software") identified above, including any software, media, and accompanying on-line or printed documentation.

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE LICENSE AGREEMENT.

This Software is owned by IBCharts or its suppliers and is protected by copyright law and international copyright treaty. Therefore, you must treat this Software like any other copyrighted material (e.g., a book), except that you may either make one copy of the Software solely for backup or archival purposes or transfer the Software to a single hard disk provided you keep the original solely for backup or archival purposes. Upon your acceptance of the terms and conditions of the License Agreement, IBCharts grants you for a limited time the right to use the Software in the manner provided below.

You may transfer the Software and documentation on a permanent basis provided you retain no copies and the recipient agrees to the terms of the License Agreement. Except as provided in the License Agreement, you may not transfer, rent, lease, lend, copy, modify, translate, sublicense, time-share or electronically transmit or receive the Software, media or documentation. You acknowledge that the Software in source code form remains a confidential trade secret of IBCharts and/or its suppliers and therefore you agree not to modify the Software or attempt to reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

If you have purchased an upgrade version of the Software, it constitutes a single product with the IBCharts software that you upgraded. You may use or transfer the upgrade version of the Software only in accordance with the License Agreement.

ADDITIONAL LICENSE TERMS FOR IBCharts IBCharts grants to you as an individual, a personal, nonexclusive license to install and use the Software. You may install a copy of the Software on a computer and freely move the Software from one computer to another, provided that you are the only individual using the Software. You may not reproduce or distribute any IBCharts documentation without IBCharts's permission.

LIMITED WARRANTY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IBCharts AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES.

LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IBCharts OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF IBCharts HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

HIGH RISK ACTIVITIES The Software is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail- safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Software could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). IBCharts and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities.

GENERAL PROVISIONS This License Agreement may only be modified by IBCharts. All terms of any purchase order or other ordering document shall be superseded by this License Agreement. If any provision of the License Agreement is found void or unenforceable, the remainder will remain valid and enforceable according to its terms. If any remedy provided is determined to have failed for its essential purpose, all limitations of liability and exclusions of damages set forth in this License Agreement shall remain in effect. IBCharts reserves all rights not specifically granted in this License Agreement.

Copyright 2005 IBCharts. All rights reserved.Contact Us   |  Search   |  Site Map   |  Privacy Policy   |  Agreement