Single User License
This is an Agreement between, Alyuda
Research ("Alyuda"), owner of the Tradecision
("Software"), and you ("Licensee"), for the purpose of specifying
the conditions under which Licensee will use the Software.
As part of the purchase process, you agree
to accept the terms of this Agreement. This Agreement is a
legal contract which specifies the terms of the license and
warranty limitation between you and Alyuda for the Tradecision
software and related documentation. You should carefully read
the following terms and conditions before installing or using
the Software. Unless you have entered into a separate written
license agreement with Alyuda providing otherwise, installation
or use of the Software indicates your agreement to be bound
by these terms and conditions. If you do not agree to these
terms, do not attempt to install or use the Software.
Grant of License
Alyuda hereby grants you a nonexclusive
license to install and use the Software by a single individual.
The License is subject to the following
restrictions. You may only:
- install and use one copy of the Software
on a single computer. You may also make a second copy of
the Software, and install and use it on a home or portable
computer used exclusively by you.
- make one backup copy of the Software,
provided your backup copy is not installed or used on any
In addition, you shall not, nor permit
any party to: (i) use the Software for the benefit of any
third party, including without limitation, in an outsourcing
or timesharing arrangement, or in the operation of a service
bureau; (ii) sell, lease, loan, sublicense, distribute, or
otherwise transfer the Software to any person, firm, or entity.
Portions of the Software may not be used independently of
the Software; (iii) reverse engineer, disassemble, decompile,
or translate the Software, or otherwise attempt to derive
the source code of the Software; (iv) reproduce, distribute,
publicly perform or publicly display the Software except as
expressly permitted above, and you may not create derivative
works of the Software.
If the Software and related documentation
are provided as an upgrade to an earlier licensed release
of the Software, then you must have a valid license to operate
such earlier release of the same version and edition as the
upgrade to install or use the upgrade. All software being
upgraded is deemed to be part of the Software and is subject
to this Agreement.
The Software is owned by Alyuda Research and
is protected by copyright laws and international treaty provisions,
as well as other intellectual property laws and treaties.
You shall treat the Software like any copyrighted material.
Tradecision is the Intellectual Property of Alyuda.
No Additional Rights or Licenses
You acknowledge and agree that except
for the rights granted in this Agreement, all other rights,
and all title and interest in and to the Software (as an independent
work and as an underlying work serving as a basis for any
application you may develop) and related documentation remain
the sole and exclusive property of Alyuda, and that you will
not derive or assert any title or interest in or to the Software
or related documentation. Without limiting the generality
of the foregoing, you do not receive any rights to any patents,
copyrights, trademarks rights to the Software or related documentation.
This Agreement does not authorize you to use Alyuda's name
or any of its trademarks.
Term and Termination
The license granted for the Tradecision
software will continue until it is terminated. Alyuda may
terminate any license granted herein if you fail to comply
with the terms of this Agreement. Upon the termination of
a license for any reason, you must promptly return to Alyuda
or destroy all copies of the Software and related documentation
covered by the license.
Warranty and Remedies
ALYUDA PROVIDES NO REMEDIES OR WARRANTIES,
WHETHER EXPRESS OR IMPLIED, FOR THE SOFTWARE. THE SOFTWARE
AND DOCUMENTATION ARE PROVIDED "AS IS."
THESE REMEDIES ARE THE SOLE AND EXCLUSIVE
REMEDIES AVAILABLE TO YOU FOR BREACH OF EXPRESS OR IMPLIED
WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED DOCUMENTATION.
THE FOREGOING WARRANTIES ARE IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ANY WARRANTY OF NON- INFRINGEMENT, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. By way of example, without
limitation, Alyuda provides no warranties of any kind to any
end-users accessing or otherwise using applications developed
or otherwise obtained by you.
The warranties do not cover damage or
defects caused by or related to misuse, accident, negligence
or misapplication. Because programs such as this are inherently
complex, Alyuda does not warrant that the Software is error-free
or will operate without interruption. Furthermore, Alyuda
does not warrant that the Software will work with any given
database, network or network application.
You acknowledge that due to the complexity
of the Software, it is possible that use of the Software could
lead to the unintentional loss or corruption of data. You
assume all risks of such data loss or corruption; the warranties
provided in this Agreement do not cover any damages or losses
resulting from data loss or corruption.
Limitation on Liability
IN NO CASE SHALL ALYUDA BE LIABLE FOR
ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE
INABILITY TO USE EQUIPMENT OR ACCESS DATA, WHETHER SUCH DAMAGES
ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES,
BREACH OF CONTRACT, NEGLIGENCE, STRICT TORT, OR ANY OTHER
LEGAL THEORY. THIS IS TRUE EVEN IF ALYUDA IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
This Agreement is the complete agreement
between you and Alyuda concerning the Software and related
documentation. The failure or delay of Alyuda to exercise
any of its rights under this Agreement or upon any breach
of this Agreement shall not be deemed a waiver of those rights
or of the breach.