Dacris Benchmarks distribution permissions and end-user license agreement

END-USER LICENSE AGREEMENT FOR DACRIS SOFTWARE

IMPORTANT - READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity), and Dacris Software Incorporated ("Dacris Software"), for the Dacris Software product ("Software") that accompanies this EULA, including all associated media, documentation, and Internet-based services. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you disagree with these terms, you are not authorized to install, copy, or use the Software.

This Software is protected by all applicable copyright laws and international treaties. The Software is licensed, not sold. Dacris Software reserves all rights not expressly granted to you in this EULA. Dacris Software and its suppliers own the title, copyright, and other intellectual property rights in the Software. Dacris Software grants you the rights described in this EULA only if you comply with all the terms and conditions of this EULA.

1. GRANT OF LICENSE: Dacris Software grants you a limited, nonexclusive license to use the Software. You are also granted the right to make and use copies of the Software for the purposes for which the Software was intended.

2. RESTRICTIONS: Dacris Software restricts your use of the Software in the following ways:
- You must maintain all copyright notices on all copies of the Software.
- You may not distribute copies of the Software to third parties without explicit written permission from Dacris Software.
- You may not 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.
- You may not rent, lease, or lend the Software.
- You may only transfer your Software to another user or single entity provided that the other user agrees to the EULA prior to the transfer and that you destroy your own copy of the Software immediately after the transfer has been made. The transfer must include all parts of the Software, and the transfer may not be an indirect transfer, such as a consignment.
- You may permanently transfer all of your rights under this EULA only in conjunction with a permanent transfer of your copy of the Software.
- You agree to be bound by any other restrictions given by the Software while using the Software.

3. ADDITIONAL SOFTWARE OR SERVICES: This EULA applies to all updates, add-on components, and Internet-based services for the Software that Dacris Software may provide to you on and/or after the date you obtain your initial copy of the Software, unless Dacris Software provides another license agreement with the update, Internet-based service, or add-on component. Dacris Software reserves the right to discontinue any Internet-based services provided to you through the use of the Software.

4. PRIVACY: Dacris Software, its affiliates, and its suppliers will NEVER, AT ANY TIME, disclose to third parties any information that identifies you personally.

5. TERMINATION: Without prejudice to any other rights, Dacris Software may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such an event, you must destroy all copies of the Software.

6. NO WARRANTY: Any use of the Software is at your own risk. To the maximum extent permitted by applicable law, Dacris Software 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, and noninfringement.

7. NO LIABILITY FOR CONSEQUENTIAL DAMAGES: To the maximum extent permitted by applicable law, in no event shall Dacris Software 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, even if Dacris Software has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

8. APPLICABLE LAW: If you acquired this Software in Canada, unless expressly prohibited by local law, this EULA is governed by the laws in force in the Province of Ontario, Canada; and, in respect of any dispute which may arise hereunder, you consent to the jurisdiction of the federal and provincial courts sitting in Toronto, Ontario. If you acquired this Software in any other country, then local law may apply.

You must maintain all copyright notices on all copies of the product.
You may not distribute copies of the product to third parties without explicit written permission from Dacris Software.
You may not reverse engineer, decompile, or disassemble the product,
except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You may not rent, lease, or lend the product.

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