Or-Fin - Organize Your Finances distribution permissions and end-user license agreement

DSA DATENBANKEN SYSTEME ANWENDUNGEN GMBH LICENSE TERMS

OR-FIN 1

NOTICE: THIS DSA SOFTWARE PRODUCT (TOGETHER
WITH ITS ACCOMPANYING DOCUMENTATION,
THE "PRODUCT") IS THE PROPERTY OF DSA DATENBANKEN SYSTEME ANWENDUNGEN GMBH
("DSA"). THE PRODUCT IS MADE AVAILABLE
TO YOU, THE ORIGINAL PURCHASER, SUBJECT TO THE
FOLLOWING LICENSE AGREEMENT ("LICENSE"). PLEASE READ
THIS LICENSE CAREFULLY BEFORE INSTALLING OR USING THE
PRODUCT. A COPY OF THIS LICENSE IS AVAILABLE FOR YOUR
FUTURE REFERENCE IN THE "LICENSE.TXT" FILE PROVIDED
WITH THE PRODUCT.

YOU MAY ACCEPT THIS LICENSE BY PLACING A CHECK IN THE
"I ACCEPT THE AGREEMENT" BOX BELOW. YOU MAY REJECT
THIS LICENSE, AND TERMINATE THIS INSTALLATION PROCESS,
BY PLACING A CHECK IN THE "I DO NOT ACCEPT THE AGREEMENT"
BOX BELOW. IF YOU DO NOT ACCEPT THIS LICENSE, THEN YOU
MAY NOT INSTALL OR USE THE PRODUCT. ANY USE BY YOU OF
THIS PRODUCT ALSO CONSTITUTES YOUR ACCEPTANCE OF THESE
TERMS.

dsa is only willing to grant you this License if
you obtained the Product from dsa or a dsa
authorized reseller. If you obtained the Product from
any other source you may not install or use the
Product.

1. Ownership. The Product is proprietary to dsa.
The Product is licensed, not sold, to you
notwithstanding any reference herein to "purchases."
You acknowledge and agree that: (a) the Product is
protected under German and U.S. copyright and other laws;
(b) dsa and its licensors retain all copyrights and
other intellectual property rights in the Product;
(c) there are no implied licenses under this
License, and any rights not expressly granted to you
hereunder are reserved by dsa; (d) you acquire
no ownership or other interest (other than your
license rights) in or to the Product; and (e)
dsa owns all copies of the Product, however
made. You agree that you will not, at any time,
contest anywhere in the world dsa`s ownership of
the Product, nor will you challenge the validity of
dsa`s rights in the Product. You have no rights
hereunder to use any trademark or service mark
belonging to dsa.

2. GRANT OF LICENSE AND SCOPE OF USE.

2.1 Grant of License. Subject to the terms and
conditions of this License, dsa grants to you, if
you are an individual, or, if you are an entity, one
(1) designated person in your organization ("Named
User") a personal, nonexclusive, nontransferable and
limited license to use the Product solely to create,
modify and delete data for your personal Finance Overview
and to print these data. You may install the Product
on a reasonable number of machines provided that the
Named User is the only individual permitted to use
the Product. You may also make a reasonable number of
copies of the Product to backup devices such as hard
disks, optical media, or tape and one (1) physical CD
media backup copy of the Product solely to replace the
original copy provided to you if the original copy is
damaged or destroyed. All rights not specifically
granted to you herein are retained by dsa.

2.2 Multiple Licensed Copies. You may purchase from
dsa or its authorized reseller additional
licenses to permit multiple Named Users to use the
Product (each, a "Named User License"). Such rights
will be effective only when granted in writing by
dsa or its authorized reseller and are
conditioned upon your payment of the applicable fees.
If you purchase additional Named User Licenses for
the Product then you are granted for each Named User
License the personal, nonexclusive, nontransferable
and limited license to designate one individual in
your organization as the Named User and permit such
Named User to install and use the Product solely as
permitted under Section 2.1. In such case, the
Product may be used exclusively by the specifically
designated Named Users, subject to all the terms and
conditions of this License. You agree that you will
not designate more Named Users than the number of
Named User Licenses that dsa or its authorized
reseller has expressly granted to you and you will
not allow the Product to be used by any individuals
other than the Named Users designated by you from
time to time. You agree to maintain accurate records
of the Named User designated by you to use the
Product under each Named User License you hold.

3. SPECIAL TERMS. The following terms and conditions
("Special Terms") are specific to certain editions,
versions and components of the Product and are in
addition to the provisions of Section 2. If any
provision of the Special Terms applicable to the
Product conflicts with any other provision of this
License, then the provision of the Special Terms will
supercede and control.

3.1 ADDITIONAL LICENSE TERMS APPLICABLE TO EVALUATION
SOFTWARE

Subject to the terms and conditions of this License,
you may exercise your rights under this license to use
the Product and to create Works for the sole purpose of
evaluating or demonstrating the Product. Your license
is for a term of one example of each object type
("Evaluation License").

You may not use the Product for any commercial,
business, governmental or institutional purpose of any
kind.

3.2 ADDITIONAL LICENSE TERMS APPLICABLE TO UPGRADES

If you have purchased an upgrade version of the
Product, it constitutes a single product with the copy
of the Product that you upgraded. This means that,
although you may have two sets of Product media, you
still have only one license. Therefore, you may not
transfer the original copy of the Product to any other
party.

4. Limitations. You may not: (a) modify, adapt, alter,
translate, or create derivative works of the Product
or merge the Product with other software other than
as described in the Product`s accompanying
documentation or as approved of in writing by
dsa; (b) lease, rent or loan the Product to any
third party; (c) sublicense, distribute or otherwise
transfer the Product or any component thereof to any
third party except as expressly authorized in this
Agreement; (d) reverse engineer, decompile,
disassemble, or otherwise attempt to derive the
source code of the Product; (e) remove, alter, or
obscure any confidentiality or proprietary notices
(including copyright and trademark notices) of
dsa or its suppliers on the Product; (f) allow
third parties to access or use the Product such as
in a time-sharing arrangement or operate the Product
as part of a service bureau or, except as expressly
authorized under Sections 2 or 3, otherwise for
the use or benefit of third parties; (g) reproduce
or use the Product except as expressly authorized
under Sections 2 or 3; or (h) disclose or publish
performance benchmark results for the Product. The
rights granted under this License apply only to this
Product. You must procure a separate license to use
other dsa software.

5. LIMITED WARRANTY AND DISCLAIMER. dsa warrants
to you, the original purchaser and to no other
party, that any physical media included with the
Product, as and when provided to you, will be free
of physical defects in materials and workmanship for
a period of ninety (90) days after the date that you
initially acquire the Product. Your exclusive
remedy and dsa`s sole liability for breach of
this warranty is that dsa will replace any
defective media returned to dsa within the
ninety (90) day warranty period. This warranty does
not apply to damages resulting from misuse, abuse or
neglect. Any replacement media will be warranted as
above for the remainder of the original warranty
period or twenty (20) days from the date we ship it
to you, whichever is longer. EXCEPT FOR THIS
EXPRESS LIMITED WARRANTY, THE PRODUCT IS PROVIDED
"AS IS" AND WITHOUT WARRANTY OF ANY KIND. DSA
HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR
STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS
OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE
PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT
INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE
RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT
THAT DSA MAY NOT DISCLAIM ANY WARRANTY AS A
MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF
SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER
SUCH LAW.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH
VARY FROM STATE TO STATE.

6. SERVICES; UPDATES; PRODUCT CHANGES. dsa is not
required under this License to provide any
installation, training or other services to you.
Such services, if available, must be purchased
separately. If, pursuant to a separate support
agreement or otherwise, dsa provides you with a
new release, error correction, update, upgrade or
other modification to the Product, such modification
will be deemed part of the Product, and subject to
the terms of this License, unless the modification
is expressly provided subject to a separate license
agreement. dsa reserves the right at any time
not to release or to discontinue release of any
Product and to alter prices, features,
specifications, capabilities, functions, licensing
terms, release dates, general availability or other
characteristics of any future releases of the
Product.

7. Registration. You must register the Product with
dsa as a condition to your rights to use the
Product. You will be prompted to register the
Product at the time of your installation or first
use of the Product, at which time you will be
notified (or directed to online resources
explaining) how registration information provided by
you may be used and you will be afforded the
opportunity to opt out of certain uses of such
information.

8. Confidentiality. You acknowledge that the Product
in source code form remains a confidential trade
secret of dsa. You agree to hold this
information in confidence, not disclose it to any
person, and not use it for any purpose other than
the use and operation of the Product as permitted
under this License.

9. LIMITATION OF LIABILITY. IN NO EVENT WILL DSA
BE LIABLE TO ANY PARTY FOR ANY INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING ANY LOSS OF PROFIT,
REVENUE, BUSINESS OPPORTUNITY OR DATA, ARISING FROM
OR RELATING TO THIS LICENSE OR THE PRODUCT, WHETHER
IN CONTRACT, IN TORT OR OTHERWISE, EVEN IF DSA
KNEW, SHOULD HAVE KNOWN OR HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. DSA`S TOTAL
CUMULATIVE LIABILITY ARISING FROM OR RELATED TO
THIS LICENSE OR THE PRODUCT, WHETHER IN CONTRACT,
IN TORT OR OTHERWISE, WILL NOT EXCEED THE FEES
ACTUALLY PAID BY YOU UNDER THIS LICENSE. THIS
SECTION 10 WILL APPLY EVEN IF AN EXCLUSIVE REMEDY
HEREUNDER HAS FAILED OF ITS ESSENTIAL PURPOSE.

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.

10. THIRD PARTY CLAIMS. dsa will defend and settle
any suit brought against you by a third party (not
your affiliate) based on a claim that the Product
infringes upon any U.S. copyright and dsa will
pay those costs and damages finally awarded against
you in such suit that are specifically attributable
to such claims or those amounts payable by you
under a settlement of such suit. The foregoing
obligations are conditioned on you: (a) notifying
dsa promptly in writing of such action; (b)
giving dsa sole control of the defense thereof
and any related settlement negotiations; and (c)
cooperating and, at dsa`s request and expense,
assisting in such defense. If the Product becomes,
or in dsa`s opinion is likely to become, the
subject of an infringement claim that dsa is
required to defend, then dsa may (at its option
and expense) either: (a) procure for you the right
to continue using the Product; (b) replace or
modify the Product so that it becomes
non-infringing; or (c) terminate this License and
your rights hereunder to use the Product and refund
a pro rata portion of any license fee you paid
under this License, based on a three (3) year
product life. Notwithstanding the foregoing,
dsa will have no obligation under this Section
10 or otherwise with respect to any infringement
claim based upon: (a) any use of the Product not in
accordance with this License or the products
accompanying documentation: (b) any use of the
Product in combination with other products,
equipment, software, or data not provided by
dsa; (c) any use of any version of the Product
other than the most current version made available
to you; or (d) any modification of the Product by
any person other than dsa or its authorized
agents ("Excluded Claims"). You will indemnify
dsa against all liability, damages and costs
(including reasonable attorneys` fees) resulting
from or related to an Excluded Claim. This section
10 states dsa`s entire liability and your sole
and exclusive remedy for third-party claims
relating to the Product.

11. TERM AND TERMINATION.

11.1 Term. The term of this License will begin as of
the date that you receive the Product and will
remain in effect perpetually unless terminated under
this Section 11.

11.2 Termination for Cause. dsa may terminate this
License if you breach your obligations hereunder.
dsa will effect such termination by giving you
notice of termination, specifying therein the
alleged breach. If your breach is curable, you will
have a grace period of thirty (30) days after such
notice is served to cure the breach described
therein. If the breach is cured within the thirty
(30) day grace period, then this License will remain
in effect; otherwise, this License will
automatically terminate upon the conclusion of the
thirty (30) day grace period.

11.3 Effect of Termination. Upon the termination of
this License for any reason the following terms
shall apply: (a) all rights granted under this
License will immediately terminate and you must stop
all use of the Product; (b) you must return to dsa
or destroy all copies of the Product provided to or
made by you, and will, within ten (10) days after
the effective date of termination, provide dsa with
written certification that all such copies have been
returned or destroyed;; and (c) all provisions of
this License with the exception of the licenses
granted in Sections 2 and 3, will survive
termination of this License for any reason.

12. GENERAL PROVISIONS.

12.1 Canadian Transactions. If you are subject to
Canadian law, you agree to the following:

The parties hereto have expressly required that the
present License and its Exhibits be drawn up in the
English language. / Les parties aux présentes, ont
expressément exigé que la présente Convention et ses
Annexes soient rédigées en langue anglaise.

12.2 Hazardous Uses. The Product is not intended for
use, and you may not use or allow others to use the
Product, in connection with any application
requiring fail-safe performance such as the
operation of nuclear power facilities, air traffic
control or navigation systems, weapons control
systems, life support systems, or any other system
whose failure could lead to injury, death,
environmental damage or mass destruction. You agree
that dsa will have no liability of any nature,
and you are solely responsible, for any expense,
loss, injury or damage incurred as a result of such
use of the Product.

12.3 Governing Law. This License will be governed by
and construed in accordance with the laws of the
United States and the State of California, without
giving effect to any conflicts or choice of laws
principles that would require the application of the
laws of a different jurisdiction. The parties
expressly exclude the application of the 1980 United
Nations Convention on the International Sale of
Goods (if applicable).

12.4 Entire License; Severability. This License
constitutes the entire, final and exclusive
agreement between you and dsa regarding the
specific license transaction described herein. If
any provision of this License is held to be illegal,
invalid or unenforceable for any reason, then such
provision will be enforced to the maximum extent
permissible and the remainder of the provisions of
this License will remain in full force and effect.

12.5 Assignment. You may not transfer the Software
media, assign this License or assign any of your
rights or delegate any of your obligations under
this License, by operation of law or otherwise
(including by merger, sale of assets or
consolidation), without dsa`s prior written
consent. Any attempted assignment in violation of
this Section 12.5 will be void.

12.6 Export Control. You may not directly or
indirectly transfer the Product, including its
documentation, to any country if such transfer would
be prohibited by applicable law, including the
U.S. Export Administration Act and the regulations
issued thereunder. You agree to the foregoing and
you are representing and warranting that you are not
located in, under the control of, or a national or
resident of any such country. You will be solely
responsible for identifying and complying with all
laws of any jurisdiction outside of the United
States regarding the import, export or use of
Products and technical data supplied by dsa.
You will obtain at your own expense all licenses,
permits or approvals required by any government to
use the Product.

12.7 U.S. Government Rights. The Product is a
"commercial item" as that term is defined at 48
C.F.R. 2.101, consisting of "commercial computer
software" and "commercial computer software
documentation" as such terms are used in 48
C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and
48 C.F.R. 227.7202-1 through 227.7202-4, all
U.S. Government end users acquire the Product with
only those rights set forth in this License.

12.8 Waiver and Modifications. All waivers must be in
writing. Any waiver or failure to enforce a
provision of this License on one occasion shall not
be deemed a waiver of any other provision or such
provision on any other occasion. This License may
only be amended by a written document signed by both
parties.

If you would like to alter the type or usage parameters
of any license you have acquired from dsa, you must
first contact dsa to obtain written approval and
pricing for any such modifications to your license.

If you have any questions about this License, please
contact your dsa authorized reseller or dsa.
If you agree to the terms and conditions of this
License Agreement, please place a check in the "I
ACCEPT THE AGREEMENT" box below. This will be the
legal equivalent of your signature on a written
contract and the terms of this license shall be a
legally binding agreement between you and dsa.
You must agree to these terms and conditions in order
to install and use the Product. If you do not agree
with these terms and conditions, you should place a
check in the "I DO NOT ACCEPT THE AGREEMENT" box
below to exit this installation process, as dsa is
unwilling to license the Product to you in such case,
and you may return the Product within ten (10) days
after you first received it to dsa or your dsa
authorized reseller, along with its original packaging
and proof-of-purchase, for a full refund.

dsa datenbanken systeme anwendungen GmbH Karlstrasse 26
D-64673 Zwingenberg, Germany

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