OraSphere: Query Master distribution permissions and end-user license agreement


Important: Read carefully - by installing, copying or otherwise using this IT ALMA product, you agree to be bound by the terms and conditions of this LA. If you do not agree to these terms and conditions, do not install, copy or use this software product.

1. General
The right to use the product under the terms of this LA is granted only when:
In case the software product was ordered by company Purchase Order, the appropriate invoice sent afterwards was paid within 30 days after invoice date.
In case the software product was ordered on-line and paid by credit card, no charge-back of the withdrawn amount is initiated.

2. Rights and Limitations
You may only reproduce, install and use the software product for use with only one user. If you have multiple validly licensed copies of the software product, you may reproduce, install and use the software product for use with a corresponding number of users.
IT ALMA retains all rights, title and interest in and to the software product. All rights not expressly granted are reserved by IT ALMA.

3. Distribution
You are not allowed to distribute any part of this (original or altered) software product.

4. Warranties
IT ALMA warrants that it is the owner of the software product, and that it has the right and authority to convey and grant the license(s) herein and to perform this LA, and that the use of the software product as contemplated by this LA will not infringe any patent, copyright, trade secret or other proprietary rights of any third party.
IT ALMA warrants that it has taken every precaution to ensure that the media on which this software product is delivered is virus-free.

5. Disclaimer of warranties
To the maximum extent permitted by applicable law, IT ALMA and its suppliers provide to you the software product, and any (if any) support services related to the software product ("service contract") as is and with all faults; and IT ALMA and its suppliers hereby disclaim with respect to the software product and support services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties or conditions of or related to: title, non-infringement, merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, lack of negligence or lack of workmanlike effort, quiet enjoyment, quiet possession, and correspondence to description.

The entire risk arising out of use or performance of the software product and any support services remains with you.

Exclusion of incidental, consequential and certain other damages. To the maximum extent permitted by applicable law, in no event shall IT ALMA or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the software product or the support services, or the provision of or failure to provide support services, or otherwise under or in connection with any provision of this LA, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of IT ALMA or any supplier, and even if IT ALMA or any supplier has been advised of the possibility of such damages.

Limitation of liability and remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of IT ALMA and any of its suppliers under any provision of this LA and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the software product. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

6. Jurisdiction of Court of Law
If, for any reason, a legal dispute between you and IT ALMA arises, European Union (EU) law will be applicable and any legal procedures will be initiated and processed with EU courts of law only.

September 2004

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