IMPORTANT—READ CAREFULLY: This TARGIT Decision Suite End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and TARGIT for the software product identified above, which includes computer software and associated media and printed materials, and may include “online” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. If you do not agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND. This EULA is valid for the order to which this agreement accompanies
This TARGIT Decision Suite End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and:
For the software product identified above, which includes computer software and associated media and printed materials, and may include “online” or electronic documentation (“SOFTWARE PRODUCT” or “SOFTWARE”). BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. If you do not agree to the terms of this EULA, promptly return the unused SOFTWARE PRODUCT TO THE PLACE FROM WHICH YOU OBTAINED IT FOR A FULL REFUND. The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.
This EULA grants you non-exclusive, perpetual, non-assignable named user license to use the SOFTWARE PRODUCT as follows:
The TARGIT License Certificate defines the product version and certain other figures such as number of users of different types. The user numbers all specify the number of registered named users of that particular type. The TARGIT License Certificate is delivered as electronic information in the TARGIT Decision Suite applications Help | About menu or in the TARGIT Management application.
Without prejudice to any other rights, TARGIT may terminate this EULA without warning if you fail to comply with the terms and conditions of the EULA. In such an event, you must destroy all copies of the SOFTWARE PRODUCT and all of its component parts.
All title and copyrights in and to the SOFTWARE PRODUCT (including but not limited to any images, photographs, animations, video, audio, music, text, and “applets,” incorporated into the SOFTWARE PRODUCT), the accompanying printed materials, and any copies of the SOFTWARE PRODUCT are owned by TARGIT or its suppliers. The SOFTWARE PRODUCT is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE PRODUCT like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE PRODUCT solely for backup or archival purposes or (b) install the SOFTWARE PRODUCT on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE PRODUCT.
TARGIT warrants that the Program does not infringe any intellectual property rights held by any third party. In the event that any third party, with reference hereto, brings any claim, suit, or proceeding against you in so far as it is based on the claim that the Program infringes a third party's intellectual property right (hereinafter "Infringement Claim") you shall promptly notify TARGIT hereof. Upon such notification TARGIT shall take over the matter and any costs related hereto, provided that you:
TARGIT shall in any event have an irrevocable right to take over the matter at its own expense and thus institute proceedings or enter into settlements concerning the alleged infringements. In the event of an Infringement Claim TARGIT shall be entitled at its discretion to replace or modify the affected Program by other software, which essentially possesses the same functions as the affected Program. In that case you shall have no further claim against TARGIT. In the event that TARGIT should decide to take legal action, TARGIT shall have the right to postpone the replacement described above, until final judgment has been rendered. In the period until then you shall have no right to raise any claims against TARGIT.
The SOFTWARE PRODUCT and documentation are provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c) of the Rights in Technical Data Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
Non-performance or any other breach of the obligations provided for in these Conditions shall not constitute breach of contract if due to force majeure which without limitation shall include events of lock-out, strike, conditions of war, damage production facilities, death or disablement of key personnel or computer-virus in the Program, which is clearly beyond the control of a party and which the party by the exercise of due diligence is not reasonably able to overcome. In such circumstances the other party shall not be entitled to terminate these Conditions, claim damages or raise any other claim what so ever.
The normal trade between the parties shall be restored as soon as any such event of force majeure ceases. Where an event of force majeure continues for more than 90 days the non-affected party, meaning the party not directly involved in the event constituting force majeure, shall be entitled to forthwith terminate these Conditions subject to a written notification to that effect. Where these Conditions are terminated under this provision neither party shall be entitled to claim compensation or damages from the other party by reason of the termination.
Any terms of these conditions which by the nature extent beyond the day these Conditions comes to an end shall remain in effect and thus bind the parties.
Any consent to or waiver of any provision or breach shall not constitute consent to or waiver of any other provision or breach or consent to or waiver of such provision or breach in the future. No failure or delay by TARGIT in exercising any right, power or remedy shall operate as a waiver of the same.
These Conditions constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, superseding any and all previous proposals, representations or statements, oral or written. Any previous agreements between the parties regarding the subject matter of these Conditions are hereby expressly cancelled and terminated. The terms of these Conditions shall supersede the terms of any invoice or purchase order issued by either party. Any modifications to these Conditions must be in writing and signed by the authorized representatives of both parties hereto.
If this SOFTWARE PRODUCT was acquired outside the United States of America, these Conditions including all appendixes hereto shall be governed by the laws of Denmark and shall be construed and interpreted in accordance herewith. If you acquired this SOFTWARE PRODUCT in the United States of America, this EULA is governed by the laws of the State of Florida. Should you have any questions concerning this EULA, or if you desire to contact TARGIT for any reason, please contact TARGIT at:
Any dispute or claim arising out of or in connection with these Conditions or in connection with any breach, termination or invalidity thereof shall be settled by arbitration.. If this SOFTWARE PRODUCT was acquired outside the United States, place of arbitration shall be arbitration in Copenhagen, Denmark, according to the rules for proceedings by The Danish Institute og Arbitration (Danish Arbitration) and the language of arbitration shall be the Danish language. If this SOFTWARE PRODUCT was acquired inside the United States place of arbitration shall be Tampa, Florida, USA, in accordance with the rules of procedure of the American Chamber of Commerce. The language of arbitration shall be the English language.
TARGIT shall be subject to product liability pursuant to the relevant mandatory legislation in force from time to time, but disclaims product liability on any other basis
TARGIT warrants that (a) the SOFTWARE PRODUCTS will perform substantially in accordance with the accompanying written materials for a period of ninety (90) days from the date of receipt, and (b) the media containing the SOFTWARE PRODUCT will be free from defects in materials and workmanship under minimal use and service for a period of one (1) year from the date of receipt. Some states and jurisdictions do not allow limitations or duration of an implied warranty, so the above limitation may not apply to you. To the extent allowed by applicable law, implied warranties on the SOFTWARE PRODUCT and media, if any, are limited to ninety (90) days and one (1) year respectively.
TARGIT and its suppliers’ entire liability and your exclusive remedy shall be at TARGIT’s option; either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or media that does not meet TARGIT Decision Suite’s Limited Warranty and which is returned to TARGIT with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or media has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or media will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside the United States, neither these remedies nor any product support services offered by TARGIT are available without proof of purchase from an authorized international source.
NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TARGIT AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT LIABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE PRODUCT AND ANY ACCOMPANYING HARDWARE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TARGIT OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT LOSSES, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF DATA OR INFORMATION OF ANY KIND, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT, EVEN IF TARGIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATIONS OF LIABILITY FORCONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.