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BY USING THIS WEBSITE, YOU OR THE ENTITY OR COMPANY THAT YOU REPRESENT ("LICENSEE") ARE UNCONDITIONALLY CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS LICENSE AGREEMENT ("AGREEMENT"). INSTALLING OR USING ANY PART OF THE SOFTWARE INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF THESE TERMS ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS. LICENSEE ACKNOWLEDGES AND AGREES THAT USE OF ANY SERVICES, SOFTWARE AND FILES ARE ALSO SUBJECT TO SAVANET LLC TERMS OF SERVICE.
Subject to the terms of this Agreement, SavaNet LLC ("SavaNet" or "Licensor") hereby grants Licensee a limited, personal, non-sublicensable, non-transferable, nonexclusive license to use the application software (including but not limited to: sets of programs, procedures, and documentations developed and distributed by SavaNet including Boot ROM code, other embedded software, and any fonts that came with the software, whether in read only memory, on any other media or in any other form) ("SavaNet Software") that Licensee is about to download, install or otherwise access. SavaNet Software and any magazines or other SavaNet format files that Licensee may download (from SavaNet's Web site or from another Web site) or otherwise access now or in the future ("Files") only for Licensee's personal use in accordance with this Agreement and the SavaNet LLC Terms of Service. The term "SavaNet Software" includes the Adobe® PDF Library software incorporated therein and related documentation, and any upgrades, modified versions, updates, additions, and copies thereof. If the SavaNet Software includes font software you may embed the font software, or outlines of the font software, into your electronic documents to the extent that the font vendor copyright owner allows for such embedding.
You shall not decompile, reverse engineer, disassemble, translate, make derivative works of, attempt to discover the source code or structure of, or otherwise reduce any part of this SavaNet Software to a humanly readable form (nor permit any third party to do so). Further, you shall not rent, disclose, publish, sell, assign, lease, sublicense, market, or transfer the SavaNet Software, prints or screen outputs or any part thereof or use it in any manner not expressly authorized by this Agreement. The interface information necessary to achieve interoperability of the SavaNet Software with independently created computer programs will be provided by SavaNet by request on payment of its reasonable costs and expenses for procuring and supplying such information. You shall not make error corrections to, or otherwise modify, adapt, or translate the SavaNet Software, nor create derivative works of the SavaNet Software, nor permit any third party to copy (other than as expressly permitted herein). You shall not rent, lease or lend the SavaNet Software to any other person, nor transfer or sub-license your license rights to any other person. You shall not provide the activation code or license key file to third parties or allow third parties access to the activation code or license key. The activation code and license key are confidential data.
As a condition to Licensee's use of the SavaNet Software, Licensee represents, warrants and covenants that Licensee will not use the SavaNet Software: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any applicable law, statute, ordinance or regulation; (iii) to disseminate information or materials in any form or format ("Content") that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous or otherwise objectionable; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Licensee, not SavaNet, remains solely responsible for all Content that Licensee uploads, posts, emails, transmits or otherwise disseminates using, or in connection with, the SavaNet Software. Licensee acknowledges that all Content that Licensee accesses using the SavaNet Software is at Licensee's own risk and Licensee will be solely responsible for any damage to any party resulting therefrom.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL SavaNet OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS OR LOST SAVINGS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION. SavaNet's LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE FEES PAID BY LICENSEE TO SavaNet. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF SavaNet OR ITS SUPPLIERS SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO LICENSEE.
IN NO EVENT SHALL SavaNet OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER 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 SAVANET SOFTWARE OR SUPPORT SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF SavaNet OR ANY SUPPLIER, AND EVEN IF SavaNet OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
This Agreement shall continue until terminated as provided for herein. The term for licenses starts on the date the SavaNet Software is first registered and ends upon termination ("Subscription Term"). Licensee may terminate this Agreement at any time. SavaNet may terminate this Agreement immediately if Licensee violates any provision of this Agreement. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, Licensee shall destroy and remove from all computers, hard drives, networks and other storage media all copies of the SavaNet Software and the Files.
The SavaNet Software, including the documentation and all related technical data (and any copies thereof) (collectively "Technical Data"), is subject to United States Export control laws and may be subject to export or import regulations in other countries. In addition, the Technical Data covered by this Agreement may contain data encryption code which is unlawful to export or transfer from the United States or country where you legally obtained it without an approved U.S. Department of Commerce export license and appropriate foreign export or import license, as required. You agree that you will not export or re-export the Technical Data (or any copies thereof) or any products utilizing the Technical Data in violation of any applicable laws or regulations of the United States or the country where you legally obtained it. You are responsible for obtaining any licenses to export, re-export or import the Technical Data. In addition to the above, the Product may not be used, exported or re-exported (i) into or to a national or resident of any country to which the U.S. has embargoed; or (ii) to any one on the U.S. Commerce Department's Table of Denial Orders or the U.S. Treasury Department's list of Specially Designated Nationals.
SavaNet® XBRL® Analyst™ is a registered trademark of Licensor. No right, license or interest to such trademark is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to such trademark.
The SavaNet Software is licensed, not sold, to you by Licensor for use only under the terms of this Agreement, and SavaNet reserves all rights not expressly granted to you. The rights granted herein are limited to SavaNet intellectual property rights and the SavaNet LLC Terms of Service and do not include any other patents or intellectual property rights. You own the media on which the SavaNet Software is recorded but SavaNet retains ownership of the SavaNet Software itself.
You agree that the SavaNet Software and the Files, including the specific design and structure of individual programs constitute confidential proprietary information of SavaNet. You shall not disclose, provide, or otherwise make available such confidential information in any form to any third party without the prior written consent of SavaNet. You shall implement reasonable security measures to protect such confidential information, but without limitation to the foregoing shall use best endeavours to maintain the security of the activation code.
In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired and a valid, legal and enforceable provision of similar intent and economic impact shall be substituted therefor.
The SavaNet Software requires updates to work effectively. ("Updates") are new patterns, definitions or rules for the SavaNet Software's security components and minor enhancements to the SavaNet Software and accompanying documentation. Updates are only available for download and use during your Subscription Term. Upon download, Updates become "SavaNet Software" for the purposes of this Agreement. Updates may require additional or different license terms that must be accepted before download. Updates will replace previously licensed parts of the SavaNet Software, but will not increase the authorized number of Licensees or registered users.
You may not rent, lease, lend or sublicense the SavaNet Software. With respect to a SavaNet Software Updates, you may not rent, lease, lend or sublicense the Updates.
Modification, creation of derivative works, reverse engineering, reverse compiling, or disassembly of the SavaNet Software are expressly prohibited.
This Agreement shall be construed, interpreted, and governed by the laws of the State of New York other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of New York. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court located in the City and County of New York, the State of New York, United States of America. Recipient waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either party in the manner authorized by applicable law or court rule. If either party employs attorneys to enforce any rights arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs and other expenses. Any remedy of SavaNet set forth in this Agreement is in addition to any other remedy afforded to SavaNet, by law or otherwise.
This Agreement contains the entire understanding between the parties with respect to the subject matter hereof and supersedes all and any prior understandings, undertakings and promises between you and SavaNet LLC, whether oral or in writing, which have been given or may be implied from anything written or said in negotiations between us or our representatives prior to this Agreement and all prior agreements between the parties relating to the matters aforesaid shall cease to have effect as of the date of this Agreement.
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