Please read the following License Agreement.
This ASP Data Exchange Inc. End User License Agreement accompanies the ASP Data Exchange product and related explanatory materials ("Software"), The term "Software" shall also include any upgrades, modified versions or updates of the Software licensed to you by ASP Data Exchange. Upon your acceptance of this Agreement, ASP Data Exchange grants to you a non-exclusive license to use the software, provided that you agree to the following: GRANT OF LICENSE. ASP Data Exchange grants you the right to use the ASP Data Exchange software program (the SOFTWARE) on one or more computers.
The SOFTWARE shall be considered in use on a computer when it is loaded into temporary memory (RAM) or installed into permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that computer, or installed on a network server for the sole purpose of distribution to one or more other computers. If the SOFTWARE is an upgrade from a previous version of a ASP Data Exchange software product, you may use either the current or prior version of the SOFTWARE.
This Agreement supersedes any prior version license and governs your use of the SOFTWARE. COPYRIGHT. The Software is owned by ASP Data Exchange and is protected as a trade secret and by United States copyright laws and international treaty provisions. Except as stated above, this agreement does not grant you any intellectual property rights in the Software OTHER RESTRICTIONS. You may not sell, rent or lease the Software You may not reverse engineer, decompile, disassemble, copy, create a derivative work, or otherwise use, the SOFTWARE, except as provided in this Agreement. NO WARRANTY. The Software is licensed AS IS, and ASP Data Exchange makes no warranty as to its use or performance. ASP Data Exchange ASP Data Exchange make no warranty express or implied as to merchantability and fitness for a particular purpose, with regard to the software.
NO LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. In no event shall ASP Data Exchange be liable for any consequential damages whatsoever (including, without limitation, damages for loss of business profits, lost savings, business interruption, loss of business information, or any other pecuniary loss) arising out of the use of, or inability to use this ASP Data Exchange product, even if ASP Data Exchange or an ASP Data Exchange representative has been advised of the possibility of such damages, or for any claim by any third party. GENERAL. If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision shall be severed from this Agreement, and will not affect the validity and enforceability of any of the remaining provisions. This Agreement is governed by the laws of the state of Ohio, USA, excluding the applications of its conflicts of law rules. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. You agree that the Software will not be shipped, transferred or exported into any country or used in any manner prohibited by the United States Export Administration Act or any other export laws, restrictions or regulations. This agreement shall automatically terminate upon failure by you to comply with its terms.