IMPORTANT: CAREFULLY READ THIS LICENSE AGREEMENT ("LICENSE") BEFORE USING THIS PRODUCT.
YOUR INSTALLATION, COPYING, OR USE OF THIS PRODUCT INDICATES YOUR ACCEPTANCE OF THIS LICENSE, AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS LICENSE, THEN: (A) DO NOT COPY, INSTALL, OR USE THIS PRODUCT, AND (B) IF YOU RETURN THE COMPLETE PRODUCT TO THE DYNAMIC MARKET LAB, LLC "THE DML" IMMEDIATELY, YOU CAN RECEIVE A FULL REFUND.
A. LICENSE
The Dynamic Market Lab, LLC (also referred to as "we" or "us") hereby grants you a license to use the Product (as defined below) in accordance with all of the terms and conditions of this License.
The "Product" consists of: (1) all materials with which this License is packaged by The Dynamic Market Lab, LLC, which may include, but are not limited to, computer program(s), software, and code; texts; accompanying printed materials; and "online" or electronic documentation, and (2) any supplemental software code and supporting materials which may be provided to you as part of support services provided or authorized by The Dynamic Market Lab, LLC for the Product.
B. YOU MAY:
1. install and use one copy of the Product on a single computer. You may also make a second copy of the Product, and install and use it on a home or portable computer used exclusively by you.
2. make one copy of the Product for archive or backup purposes. You may also store or install a copy of the Product on a storage device, such as a network server, used only to install or run the Product on your other computers over an internal network; however, you must acquire and dedicate a license for each separate computer on which the Product is installed or run from the storage device.
C. YOU MAY NOT:
1. install, use, distribute, or copy the Product except as expressly permitted in this License.
2. translate, reverse engineer, decompile, or disassemble the Product, except to the extent, if any, that such activities are clearly and expressly permitted by applicable law despite such restrictions.
3. rent, lease, or assign the Product.
4. modify the Product, merge the Product as part of any other product or collection of products, or create derivative works derived from the Product, without the prior written consent of The Dynamic Market Lab, LLC.
5. transfer the Product or your rights under this License to someone else.
6. permit others to perform any of activities (1) - (5) immediately above.
D. WARRANTY DISCLAIMER AND INDEMNIFICATION DISCLAIMER.
THIS SOFTWARE AND MEDIA IS PROVIDED "AS-IS", WITHOUT WARRANTY OF ANY KIND. ANY USE OF THE PRODUCT IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DYNAMIC MARKET LAB, LLC, AND/OR ITS LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THE PRODUCT.
THE DYNAMIC MARKET LAB, LLC DOES NOT WARRANT THAT THE OUTPUT PRODUCED BY THE PRODUCT IS CORRECT. IT IS YOUR RESPONSIBILITY TO VERIFY THE CORRECTNESS OF THE OUTPUT PRODUCED BY THE PRODUCT. IN NO EVENT SHALL THE DYNAMIC MARKET LAB, LLC AND/OR ITS LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF POSSIBLE ERRONEOUS OUTPUT.
THE DYNAMIC MARKET LAB, LLC AND/OR ITS LICENSORS will not indemnify you and will have no liability for any claim, action, or suit of patent, trade secret, or copyright infringement based on your customization of the PRODUCT (e.g., integrating with other applications). You acknowledge that you are solely responsible for determining whether your use infringes on a third party's rights.
E. LIMITATION OF LIABILITY.
In addition, in no event do we authorize you or anyone else to use the Product in applications or systems where the Product's failure to perform can reasonably be expected to result in significant physical injury, property damage, or loss of life, including but not limited to use in hazardous environments requiring fail-safe performance. The Product is not fault-tolerant and is not designed, manufactured or intended for any such use. Any such use is entirely at your own risk, and you agree to hold the Dynamic Market Lab, LLC, and its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries and parent organizations, harmless from any and all claims or losses relating to such unauthorized use.
F . TERM:
Your rights regarding the Product under this License shall
remain in effect only as long as you are in full compliance
with the terms and conditions of this License, and shall
terminate automatically if you fail to comply with any
such terms or conditions. You agree, upon termination,
to destroy all copies of the Product received, made or
used by you in connection with this License. The Limitations
of Warranties and Liability set out below shall continue
in force even after any termination.
H . OWNERSHIP
All patents, copyrights, trademarks, trade secrets and other ownership rights in the Product are and shall remain in The Dynamic Market Lab, LLC. The source code of the Product and all information regarding the design, structure or internal operation of the Product are valuable trade secrets of The Dyamic Market Lab, LLC ("Confidential Information"), provided however, that "Confidential Information" shall not include information which otherwise would be Confidential Information to the extent that such information was publicly known prior to the time you received it, or became known to you through no violation of any of your, or others', confidentiality obligations to any other party regarding the Product. To the extent, if any, to which you may learn any Confidential Information, you shall not sell, transfer, publish, disclose, display, or otherwise permit access by any third party to, the Confidential Information.
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