INDATA CORPORATION SOFTWARE LICENSE TERMS
INDATA TRIALDIRECTOR 6 SOFTWARE
These license terms are a legal agreement between you (either an individual or a single entity) and inData Corporation ("inData")
and apply to the software product identified above, including any enhancements, derivatives, updates, "online" or electronic
documentation, supplements and the media on which you received it (the “Software”).
BY INSTALLING, COPYING, DOWNLOADING, ACCESSING OR OTHERWISE USING THE SOFTWARE, YOU ACCEPT
THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT INSTALL OR USE THE SOFTWARE. INSTEAD,
RETURN IT TO THE PLACE OF PURCHASE WITHIN 30 DAYS OF THE PURCHASE DATE FOR A FULL REFUND.
USING THE SOFTWARE ALSO OPERATES AS YOUR CONSENT TO THE TRANSMISSION OF CERTAIN COMPUTER
INFORMATION DURING ACTIVATION AND VALIDATION AND FOR INTERNET-BASED SERVICES.
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LICENSE.
a. SINGLE-USER LICENSE. If you purchased a single-user license, these license terms permit the installation and
use of one copy of the Software on one device (the “licensed device), along with other non-exclusive rights, as
described below. A hardware partition or blade is considered to be a separate device.
i. PORTABLE DEVICE. You may install another copy on a portable device for use by the single primary
user of the licensed device.
ii. REMOTE ACCESS. The single primary user of the licensed device may access and use the Software
installed on the licensed device remotely from any other device. You may allow other users to access
the Software to provide you with support services. No other person may use the Software under the
same license at the same time for any other purpose
b. NETWORK LICENSE. If you purchased a multi-user network license, these license terms permit the installation
and use of one copy of the Software on a single computer server for use by multiple users over a single computer
network (the “licensed server device”), along with other non-exclusive rights, as described below. The maximum
number of concurrent users of the Software on your network is limited to the number of concurrent licenses
purchased.
c. ENTERPRISE LICENSE. If you purchased an enterprise license, these license terms permit the installation and
concurrent use of the Software on any number or combination of the purchaser’s devices, subject to limitations
that may exist in the purchasing documents. Other non-exclusive rights of an enterprise license are described
below.
d. REMOTE ACCESS [NETWORK AND ENTERPRISE LICENSES ONLY]. You may allow users of a licensed
device to access and use the Software installed on the licensed device remotely from any other device. However,
you may not allow the number of concurrent users from any location to exceed the number of concurrent licenses
purchased.
MULTIPLEXING. Hardware or software you use to 1) pool connections, or 2) reduce the number of devices or users that
directly access or use the (sometimes referred to as “multiplexing” or “pooling”), does not reduce the number of licenses you
need.
EVALUATION AND CONVERSION. The Software may be licensed on an evaluation basis. Your rights to use evaluation
Software are limited to the evaluation period. The evaluation Software and length of the evaluation period are set forth
during the activation process. You may have the option to convert your evaluation rights to perpetual rights. After the
expiration of any evaluation period without conversion, the evaluation Software will stop running.
MANDATORY ACTIVATION. Activation associates the use of the Software with a specific device and user. During
activation, the Software will gather and send information about the Software, the device and user to inData. This information
includes the version, the license version and the product ID of the Software, Internet protocol address of the device,
information derived from the hardware configuration and user contact information.
SCOPE OFLICENSE. The Software is licensed, not sold. This agreement only gives you some rights to use the Software.
inData reserves all other rights. Unless applicable law gives you more rights despite this limitation, you may use the
Software only as expressly permitted in this agreement. In doing so, you must comply with any technical limitations in the
Software that only allow you to use it in certain ways. You may not: 1) work around any technical limitations in the Software;
2) reverse engineer, decompile or disassemble the Software, except and only to the extent that applicable law expressly
permits, despite this limitation; 3) make more copies of the Software than specified in this agreement or allowed by
applicable law, despite this limitation; 4) publish the Software for others to copy; 5) use the Software in any way that is
against the law; 6) rent, lease or lend the Software; 7) modify the Software or merge all or any part of it in another program
or derivative work; or 8) use the Software in commercial software hosting services.
6. BACKUP COPY. You may make one backup copy of the media. You may use it only to reinstall the Software.
7. DOCUMENTATION. Any person that has valid access to your computer or internal network may copy and use the
documentation for your internal, reference purposes.
8. UPGRADES OR CONVERSION. To upgrade or convert Software, you must first be licensed for the Software that is eligible
for the upgrade or conversion.
9. REASSIGNING TO ANOTHER DEVICE. You may reassign the license to a different device any number of times. If
you reassign, that other device becomes the licensed device.
10. TRANSFER TO A THIRD PARTY. The first user of the Software may transfer the Software, and this agreement, directly to
a third party. The first user must uninstall the Software before transferring it separately from each device. The first user
may not retain any copies. Before any permitted transfer, 1) the receiving party must agree that this agreement applies to
the transfer and use of the Software and 2) both parties must provide to inData written authorization of such transfer. If the
Software is an upgrade, any transfer must also include all prior versions of the Software. In the case of an enterprise
license, transfer is not permitted without first obtaining written authorization from inData.
11. ANNUAL MAINTENANCE. Technical support and updates to the Software are available to you through an annual
maintenance subscription. Maintenance terms and technical support details are provided at www.indatacorp.com and may
change from time to time without notice.
12. TERM. The license is effective until terminated. It will also terminate upon conditions set forth elsewhere in this Agreement
or if you fail to comply with any term or condition of this Agreement. You agree upon such termination to destroy the
programs together with all copies, modifications, and merged portions in any form. The Limitations of Warranties and
Liability set out below shall continue in force even after any termination.
13. COPYRIGHT. All title and intellectual property rights in and to Software (including but not limited to any included images,
photographs, animations, video, audio, music, text, and "applets”), the accompanying printed materials, and any copies of
the Software are owned by inData or its suppliers.
14. ENTIRE AGREEMENT. This agreement (including the warranty below), any addendum or amendment included with the
Software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire
agreement for the Software and support services.
15. GOVERNING LAW. This agreement shall be governed and construed in accordance with the laws of Arizona, and by
United States law on matters where Federal law provides the exclusive remedy. If any provision of this License is declared
by a Court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be severed from the License
and the other provisions shall remain in full force and effect.
16. U.S. GOVERNMENT RESTRICTED RIGHTS. If this Software is acquired by or for the U.S. Government then it is provided
with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph {c}(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, or
subparagraphs {c}(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, or clause 1852.227-86(d) of the NASA Supplement to the FAR, as applicable. Contractor/Manufacturer is inData Corporation, 225 E.
Germann Road, Suite 310, Gilbert, Arizona 85297.
17. LIMITATION ON AND EXCLUSION OF DAMAGES. YOU CAN RECOVER FROM INDATA AND ITS SUPPLIERS ONLY
DIRECT DAMAGES UP TO THE AMOUNT YOU PAID FOR THE SOFTWARE. YOU CANNOT RECOVER ANY OTHER
DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. This
limitation applies to: 1) anything related to the Software, services, content (including code) on third party Internet sites, or
third party programs; and 2) claims for breach of contract, breach of warranty, guarantee or condition, strict liability,
negligence, or other tort to the extent permitted by applicable law. It also applies even if: 1) repair, replacement or a refund
for the Software does not fully compensate you for any losses; or 2) inData knew or should have known about the possibility
of the damages. Because software is inherently complex and may not be completely free of errors, it is your responsibility to
verify and backup your work. Some states do not allow the exclusion or limitation of incidental or consequential damages,
so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not
allow the exclusion or limitation of incidental, consequential or other damages.
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LIMITED WARRANTY
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LIMITED WARRANTY. If you follow the instructions, the Software will perform substantially as described in the inData
materials that you receive in or with the Software. Any misuse or unauthorized modification of the Software will void this
limited warranty. No person, dealer or company may expand or alter this warranty.
TERM OF WARRANTY; WARRANTY RECIPIENT; LENGTH OF ANY IMPLIED WARRANTIES. THE LIMITED
WARRANTY COVERS THE SOFTWARE FOR ONE YEAR AFTER ACQUIRED BY THE FIRST USER. IF YOU RECEIVE
SUPPLEMENTS, UPDATES, OR REPLACEMENT SOFTWARE DURING THAT YEAR, THEY WILL BE COVERED FOR
THE REMAINDER OF THE WARRANTY OR 30 DAYS, WHICHEVER IS LONGER. If the first user transfers the Software,
the remainder of the warranty will apply to the recipient. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED
WARRANTIES, GUARANTEES OR CONDITIONS LAST ONLY DURING THE TERM OF THE LIMITED WARRANTY.
Some states do not allow limitations on how long an implied warranty lasts, so these limitations may not apply to you. They
also might not apply to you because some countries may not allow limitations on how long an implied warranty, guarantee
or condition lasts.
C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the
acts of others, or events beyond inData’s reasonable control. This warranty also does not cover user documentation or
related technical support.
D. REMEDY FOR BREACH OF WARRANTY. INDATA WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF
INDATA CANNOT REPAIR OR REPLACE IT, INDATA WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR
THE SOFTWARE. INDATA WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT
SOFTWARE AT NO CHARGE. IF INDATA CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT
YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER
ASSOCIATED MATERIALS TO INDATA WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR
ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
E. NO OTHER WARRANTIES. THE LIMITED WARRANTY IS THE ONLY DIRECT WARRANTY FROM INDATA. INDATA
GIVES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR CONDITIONS. WHERE ALLOWED BY YOUR LOCAL
LAWS, INDATA EXCLUDES IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. If your local laws give you any implied warranties, guarantees or conditions,
despite this exclusion, your remedies are described in the Remedy for Breach of Warranty clause above, to the extent
permitted by your local laws.
F. LIMITATION ON AND EXCLUSION OF DAMAGES FOR BREACH OF WARRANTY. THE LIMITATION ON AND
EXCLUSION OF DAMAGES CLAUSE ABOVE APPLIES TO BREACHES OF THIS LIMITED WARRANTY. THIS
WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY
FROM STATE TO STATE. YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY.
Unpublished-rights reserved under the copyright laws of the United States.
inData Corporation 225 E. Germann Road, Suite 310, Gilbert, Arizona 85297