ddCharts ^TM License

LICENSE AGREEMENT - DOWNLOAD

SOFTWARE LICENSE FOR THE USE OF ddCharts^tm SOFTWARE.

PLEASE READ THIS SOFTWARE LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE DDCHARTS SOFTWARE ("SOFTWARE").

BY DOWNLOADING AND/OR INSTALLING AND/OR USING THIS SOFTWARE YOU ARE CONSENTING TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT DO NOT DOWNLOAD THIS SOFTWARE.

This software (ddCharts) is Copyright (c) 2003-2007 6w Software Systems Limited (a limited company registered in Ireland), t/a 6w Systems ("6w Systems"). All rights reserved.

This Download License Agreement does not constitute a sales contact but is an agreement between 6w Systems and you regarding the use of the software.

1. License Grant: 6w Systens grants to the Customer who downloads the Software ("Customer") a nonexclusive and nontransferable license to use the ddCharts software ("Software") within the customer organisation only for evaluation and testing purposes with a view to purchasing a licence for use. The software must not be modified to remove the indication that it is unlicensed demonstration software. When a license has been purchased the Software may be used in accordance with the purchased license for production purposes within the customer organisation.

2. The copyright and intellectual property rights of this Software (ddCharts) belong to 6w Systems, and are protected by international intellectual property protection treaties and copyright law. This software may not be transferred, sold, assigned, leased, rented, sublicensed, or otherwise conveyed, in whole or part, by Customer to another party without the prior written consent of 6w Systems. By virtue of this Agreement, Customer acquires only the non-exclusive right to use the Software in accordance with Section 1. Customer does not acquire any rights of ownership in the Software. 6w Systems, or its licensors, at all times retain all right, title, and interest in the Software.

3. DISCLAIMER OF WARRANTY. SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN "AS IS'' BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT THE SOFTWARE IS FREE OF DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU, THE CUSTOMER. SHOULD ANY SOFTWARE PROVE DEFECTIVE IN ANY RESPECT, USER ASSUMES THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. NO USE OF ANY SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

4. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL 6W SYSTEMS BE LIABLE TO ANY CUSTOMER OR PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, OR BUSINESS INTERRUPTION, HOWEVER CAUSED, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE OR DOCUMENTATION, EVEN IF SUCH PARTY SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.